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PC 2004/04/19Cll"Y o~ ANAHEIM _ II PLANNING C®MMISSION ADEN®A MONDAY, APRIL 19, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California D ROMERO, PUBLIC HEARING ITEMS ADJOURNMENT ------------------------------------------------------------------ ------- i:\DOCS\CLERICAL\AGENDAS/041904.DOC tannin commission anaheim.net 04-19-04 Page 1 RECONVENE TO PUBLIC HEARIPIG AT 1:30 P.IIA. 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. CONSENT CALENDAR: Items 1-A through 1-C on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Rt=aORTS AND RECOMMENDATIONS A. (a) CEQA EXEMPTION-SECTION 15061(b)(3) GENERAL RULE (b) RECLASSIFICATION NO. 2004-00118 (c) CONDITIONAL USE PERMIT NO.2004-04847 City of Anaheim, Community Development Department, 201 South Anaheim Boulevard, Suite 1003, Anaheim, CA 92805, requests initiation of a reclassification from the ML (Limited Industrial) Zone to the CL (Commercial, Limited), or less intense zone and requests initiation of a conditional use permit to permit the construction of an automobile sales dealership with automotive repairs. Property is located at 1501 West Lincoln Avenue {Anaheim Chevrolet). B. Receiving and approving supplemental detailed Minutes for Item No. 2, Conditional Use Permit No. 3420 (Tracking No. CUP2004-04829) and Determination of Public Convenience or Necessity No. 2004- 00014, from the Planning Commission Meeting of March 22, 2004, scheduled to be heard as a public hearing item before City Council on Tuesday, April 27, 2004. C. Receiving and approving the Minutes from the Planning Commission Meeting of April 5, 2004. (Motion) Project Planner: John Ramirez {i P rami rez(a) ana hei m. net) sr5092jr.doc Q:S. 53 04-19-04 Page 2 PUBLIC HEARING ITEMS: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. CONDITIONAL USE PERMIT NO. 2003-04811 OWNER: Larry Bedrosian, 710 East Ball Road, Anaheim, CA 92802 AGENT: B.J. Mueller, P.O. Box 16085, Anaheim, CA 92817 LOCATION: 2920 East Whitestar Avenue. Properly is approximately 1-acre, having a frontage of 233 feet on the southwesterly side of White Star Avenue, located 725 feet southeast of the centerline of La Palma Avenue. Request to permit and retain a church within an existing industrial building with waiver of minimum number of parking spaces. Continued from the January 12 and March 8, 2004 Planning Commission meetings. CONDITIONAL USE PERMIT RESOLUTION NO 3a. 3b. 3c. OWNER: Julio Vivas, Unitarian Church of Orange, 511 South Harbor Boulevard, Anaheim, CA 92905 AGENT: Susan Secoy, Secoy Architects, 112 East Chapman Avenue, Suite E, Orange, CA 92866 LOCATION: 511 South Harbor Boulevard. Property is approximately 0.5-acre, located at the southwest comer of Santa Ana Street and Harbor Boulevard (Unitarian Church of Orange County). Request to amend exhibits for apreviously-approved church to construct accessory Sunday school classroom building with waiver of minimum number of parking spaces. Continued from the April 5, 2004 Planning Commission Meeting. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: John Ramirez (ioramirez(a)anaheim nett sr5090jr,doc Q.S. 132 Project Planner. Amy Vazquez (avazouez(a)anahei m.net) sr8719av.doc Q.S. 73 04-19-04 Page 3 4a. CEQA NEGATIVE DECLARATION 4b. GENERAL PLAN AMENDMENT NO. 2004-00418 4c. RECLASSIFICATION NO. 2004-00116 4d. VARIANCE NO. 2004-04601 4e. TENTATIVE PARCEL MAP NO. 2004-127 OWNER: Frank T. Minissale, 111 South Mohler Drive, Anaheim, CA 92808 AGENT: Duane Stout, 1316 Candlewood Street, Anaheim, CA 92805 LOCATION: 111 Mohler Drive. Property is approximately 1.5 acres, located at the southwest corner of Santa Ana Canyon Road and Mohler Drive. General Plan Amendment No. 2004-00418 -Request to amend the Land Use Element Map of the General Plan redesignating the property from the Hillside Estate Density Residential designation to the Hillside Low Density Residential designation. Reclassification No. 2004-00116 -Request reclassification of the property from the RS-A-43,000 (SC) (ResidentiallAgricultural; Scenic Corridor Overlay) zone to the RS-HS-22,000 (SC) (Residential, Single- Family -Hillside; Scenic Corridor Overlay) or a less intense zone. Variance No. 2004-04601 -Request waivers of: (a) minimum lot depth adjacent to a scenic expressway, and (b) minimum lot area to construct 3 detached single-family homes. Tentative Parcel Map No. 2004-127 -Request to establish a 3-lot, 3-unit detached single-family subdivision. Continued from the April 5, 2004 Planning Commission Meeting. Project Planner: Charity Wagner GENERAL PLAN AMENDMENT RESOLUTION NO. (cwaoner(a~anaheim:net) RECLASSIFICATION RESOLUTION NO. VARIANCE RESOLUTION NO. sr1148cw.doc Q.S. 202 04-19-04 Page 4 5a. CEQA NEGATIVE DECLARATION (READVERTISED) Sb. WAIVER OF CODE REQUIREMENT 5c. CONDITIONAL USE PERMIT NO. 3262 (TRACKING NO. CUP2004-04838) OWNER: Mahesh Vyas, NNRSVII Limited Partnership, 5005 Hidden Glen Lane, Yorba Linda, CA 92887 AGENT: Neru Patel, 6220 Gossen Street, Simi Vatley, CA 93063 LOCATION: 8245 and 8295 East Monte Vista Road. Property is approximately 1.74 acres, bounded by Weir Canyon Road, Monte Vista Road and Old Springs Road. Request amendment to Conditional Use Permit No. 3262 to construct a four (4) unit commercial retail center and atwo-story medical office building, including roof-mounted equipment, with waivers of: (a) permitted commercial identification in the Scenic Corridor Overlay zone, (b) minimum setback adjacent to a scenic expressway and (c) required improvement of setback areas. Project Planner: Continued from the April 5, 2004 Planning Commission Meeting. Elaine Yambao (eya m boo (o).an aheim:net) CONDITIONAL USE PERMIT RESOLUTION NO. sr3066ey.doc O.S. 219 04-19-04 Page 5 6a. 6b. 6c. 6d. 6e. 6f. 6g. 6h. 6i. ENVIRONMENTAL IMPACT REPORT NO. 330 The City has prepared Draft Environmental Report No. 330 (DEIR) in compliance with the California Environmental Quality Act (CEQA) and the state and City of Anaheim CEQA Guidelines. The DEIR has been circulated for public/responsible agency review fora 45-day public review and comment period beginning March 19, 2004 and ending May 3, 2004. It is anticipated that the City Council will be considering the DEtR at its duly noted May 25, 2004 meeting. e GENERAL PLAN AMENDMENT NO. 2004-00419 LOCATION: Citywide. The City of Anaheim and its sphere-of-influence are located in northeastern Orange County, approximately 35 miles southeast of downtown Los Angeles and 7 miles north of Santa Ana. The City of Anaheim is surrounded by the Cities of Fullerton, Placentia, and Yorba Linda to the north; Riverside County to the east; the Cities of Orange, Garden Grove, Stanton, and unincorporated Orange County to the south; and, the Cities of Cypress and Buena Park to the west. The City encompasses over 32,243 acres of land, stretching nearly 20 miles along the Riverside (SR-91) Freeway, and includes approximately 2,460 acres of unincorporated land within its sphere-of-influence. REQUEST: City-initiated request to comprehensively update the City of Anaheim General Plan, including revisions to the existing Land Use Element (including new and re-named land use designations); Redevelopment Element (now incorporated into the Economic Development Element); Circulation Element (which would now contain the existing Scenic Highways Element); Open Space and Conservation Elements (incorporated into the Green Element); Growth Management Element; Parks, Recreation and Community Services Element (incorporated into the Green Element); Noise Element; and, Safety and Seismic Safety Element (combined into one Safety Element); and further, in addition to the topics addressed in the existing General Plan Elements, to create new goals, policies and programs to address community design, economic development, and public services and facilities in the form of new elements for each topic. Project Planner: Jonathan Borrego (iborreootc7anaheim net) sr2153jb.doc 04-19-04 Page 6 ZONING CODE AMENDMENT N0.2004-00029 LOCATION: Ci fde. See above description. REQUEST: City-initiated request to comprehensively amend the City of Anaheim Municipal Code, Title 18 (Zoning Code), including, but not limited to, the update of all residential, commercial and industrial zone classifications, permitted uses, and development standards; deletion of obsolete zoning classifications; and introduction of new zoning classifications, including but not limited to, Mixed Use, to implement the updated General Plan. . RECLASSIFICATION NO. 2004-00017 LOCATION: The subject property is an approximately 663-.acre area known as the Cypress Canyon Specific Plan No. 90-3 Area, generally bounded by the Cleveland National Forest to the east, the Riverside (SR-91) Freeway to the north, unincorporated open space within the City's Sphere-of-Influence to the south, and the Mountain Park Specific Plan Area to the west (the western boundary of the Cypress Canyon Specific Plan area is approximately 5,712 feet east of the Gypsum Canyon Road/Santa Ana Canyon Road intersection). REQUEST: City-initiated request to reclassify subject properties from the Cypress Canyon Specific Plan (SP90-3) to the OS (Open Space) Zone to be consistent with the Open Space land use designation proposed as part of the General Plan Update. One approximately 15-acre parcel will retain its existing Low-Medium Density Residential designation with up to 140 dwelling units in the RM-3 Zone. LOCATION: Wilken Way and 421 503 and 531 West Chapman Avenue. The Anaheim Resort peci is Plan encompasses approximately 555 acres generally located adjacent to and southwest of Interstate 5 between Ball Road and Orangewood Avenue within The Anaheim Resort. The proposed amendment area is located immediately south of the existing Specific Plan boundaries and encompasses approximately 26 acres along the east and west sides of Harbor Boulevard between Orangewood Avenue and the southern City limits including properties fronting along the following streets (all frontage numbers are approximate): 1,363 feet adjacent to the west side and 2,641 feet adjacent to the east side of Harbor Boulevard; 626 feet adjacent to the south side of Orangewood Avenue, east and west of the centerline of Harbor Boulevard; 371 feet adjacent to the north and south sides of Wilken Way, west of the centerline of Harbor Boulevard; 190 feet adjacent to the north side and 608 feet adjacent to the south side of Wilken Way, east of the centerline of Harbor Boulevard; and, 850 feet adjacent to the north side of Chapman Avenue, east of the centerline of Harbor Boulevard. REQUEST: City-initiated request to amend the boundaries of the Anaheim Resort Specific Plan to incorporate subject properties, and reclassify these properties from the CG (Commercial, General), CH (Commercial, Heavy), CL {Commercial, Limited), PLD-M (Parking/Landscape District-Manufacturing), and RS-A-43,000 (Residential, Agricultural) Zone to the Anaheim Resort Specific Plan (SP92-2) Zone (including establishing zoning and development standards for the expanded area) to be consistent with the Commercial Recreation land use designation proposed as part of the General Plan Update. 04-19-04 Page 7 LOCATION: The Northeast Area Specific Plan consists of approximately 2.,645 acres generally . located in the Santa Ana Canyon, bounded by the City of Placentia to the north, the Orange (SR- 57) Freeway to the west, the Riverside (SR-91) Freeway and Santa Ana River to the south, and Imperial Highway to the east. The proposed amendment would encompass approximately 60 acres located within the Northeast Area Specific Plan Area as follows (all acreage and frontage numbers are approximate): (A) 1045, and 1050 North A_ rmando Street. Thirteen (13) properties situated on 23.. acres with frontages on White Star Avenue, Armando Street, La Mesa Street, and Kraemer Place. (B) 3210 East La Palma Avenue. One (1 ), 3.91-acre property located at the southeast corner of La Palma Avenue and Shepard Street, having frontages of 283 feet on the south side of La Palma Avenue and 565 feet on the east side of Shepard Street (request for deletion). (C) 3362 3364 and 3366-3370 East La Palma Avenue. Three (3) properties situated on 16.99 acres located 1,698 feet east of the centerline of Shepard Street, having a frontage of 461 feet on the south side of La Palma Avenue and a maximum depth of 1.180 feet. (D) 4506 4510 4520 4527 4530 4539 4b4b 4bUU 40V 1 anu yo w-yv w gym. ~o • ~••••~ Avenue. Eleven (11) properties situated on 4.42 acres located on the north side of La Palma Avenue, east of Lakeview Avenue, and at the southeast corner of La Palma Avenue and Lakeview Avenue, including four (4) properties located 276 feet east of the centerline of Lakeview Avenue and having a frontage of 331 feet on the north side of La Palma Avenue, and seven (7) properties located at the southeast corner of La Palma Avenue and Lakeview Avenue, having a frontage of 689 feet on the south side of La Palma Avenue, and 197 feet on the east side of Lakeview Avenue. (E) 5500 5510. and 5620 East La Palma Avenue. Three (3) properties situated on 15 acres located 578 feet west of the centerline of Imperial Highway, having a frontage of 561 feet on the south side of La Palma Avenue. REQUEST: City-initiated request to amend the Northeast Area Specific Plan (SP94-1) and its associated Development Area boundaries to be consistent with the revised General Plan land use designations proposed as part of the General Plan Update, as follows: (A) from DA 5 (Commercial) to DA 2 (Expanded Industrial); (B) from DA 5 (Commercial) to DA 2 (Expanded Industrial) (request for deletion); (C) from DA 3 (La Palma Core) to DA 5 (Commercial); (D) from DA 5 (Commercial) to DA 2 (Expanded Industrial); and, (E) from DA 5 (Commercial) to DA 2 (Expanded Industrial).. LOCATION: Property encompasses approximately 3,179 acres (the Mountain Park Specific Plan No. 90-4 area), including 2,339 acres which have been annexed to the City of Anaheim and 840 acres of unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence (approximately 172 acres of the Mountain Park site have been developed with the Eastern Transportation Corridor (SR-241) which bisects the western portion of the site). The subject site is generally located in Gypsum Canyon, bordered on the north by the Riverside (SR-91) Freeway and the Gypsum Canyon Road interchange, on the west by The Summit of Anaheim Hills and Sycamore Canyon developments, on the south by unincorporated property within the County of Orange in the City of Orange's sphere-of-influence, and on the east by the 04-19-04 Page 8 697-acre Cypress Canyon Specific Plan area. REQUEST: Request to terminate Development Agreement No. 91-01 between the City of Anaheim and The Irvine Company relating to the development and implementation of the Mountain Park Specific Plan (SP90-4). GENERAL PLAN AMENDMENT RESOLUTION NO. ZONING CODE AMENDMENT RESOLUTION NO. RECLASSIFICATION RESOLUTION NO. SPECIFIC PLAN AMENDMENT NO. 5 RESOLUTION NO. SPECIFIC PLAN AMENDMENT NO. 2 RESOLUTION NO. DEVELOPMENT AGREEMENT TERMINATION RESOLUTION NO. 7a. 7b. OWNER: Joel Saltzburg, 18022 Medley Drive, Encino, CA 91316 AGENT: Charles Perez, C & M Automotive, 420 South State College Boulevard, Anaheim, CA 92806 LOCATION: 420 South State College Boulevard. Property is approximately 0.40-acre, located at the northeast corner of State College Boulevard and Westport Drive (C & M Automotive). Requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 2, 2002 to expire December 31, 2003) to retain an automotive repair facility. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner: Elaine Yambao (eya m bao(a) a nahei m.n et) sr3067ey.doc Q.S. 113 04-19-04 Page 9 8a. CEQA CATEGORICAL EXEMPTION -CLASS 3 8b. VARIANCE NO. 2004-04602 OWNER: Frank Nunez, 623 North West Street, Anaheim, CA 92801 AGENT: Sam Bevacqua, 219 Royal Place, Anaheim, CA 92806 LOCATION: 623 North West Street. Property is approximately 0.32- acre, having a frontage of 85 feet on the west side of West Street, located 227 feet north of the centerline of Westmont Drive. Request waivers of: (a) maximum fence height, (b) minimum front yard setback and (c) minimum side yard setback to expand an existing single- family dwelling and to permit and retain an existing fence. VARIANCE RESOLUTION NO. 9a. CEQA NEGATIVE DECLARATION 9b. WAIVER OF CODE REQUIREMENT 9c. CONDITIONAL USE PERMIT N0.2004-04842 OWNER: Steven Dunbar, 20429 East Yorba Linda Boulevard, Yorba Linda, CA 92886 AGENT: Gregory M. Roseen, 27702 Crown Valley Parkway, Suite 316-D4, Ladera Ranch, CA 92694 LOCATION: 8290 East Crystal Drive. Property is approximately 1.04 acres, located at the northwest corner of Weir Canyon Road and Savi Ranch Parkway (East Hills Regional Animal Hospital). Request to construct a veterinary hospital and animal boarding facility with roof-mounted equipment with waivers of: (a) maximum fence height, (b) permitted commercial identification in the Scenic Corridor Overlay Zone, (c) maximum number of wall signs, (d) required structural setback adjacent to an arterial highway, and (e) required improvement of setback areas. CONDITIONAL USE PERMIT RESOLUTION NO. Project Planner; Scott Koehm (s ko eh m Cad a n a h e i m. n et) sr8725gk.doc Q.S. 62 Project Planner: John Ramirez (oramirez ot7anaheim.net) sr5091jr.doc Q.S. 212 ADJOURN TO MONDAY, MAY 3, 2004 AT 11:00 A.M. FOR PRELIMINARY PLAN REVIEW. oa-ls-oa Page TO CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:30 4.«~. (TIME) --f ISi2ooN __f (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: ~~"~'~'°' ~"""®'^'° If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances shall be considered final unless, within 22 days after Planning Commission action and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall 'be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM CITY PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 04-19-04 Page 11 ITEM N0. 1-A OFFICE ~• L_ tta-iu;uuu ~ ® ~- 1 DU EACH BLDG. CL CL RCL 73-74.6 RCL S&59-67 m~j LA'N CUP 2003-04663 vp OFFICES „ CL 4 ~ " OFFICE U ° ' , n U OFFICE ` BLDG. OLL SLOG. ~O ~~~S HiRF q ~F h SgiyT ~F q qNq F 4, REE w'q Y °~ °~> MANCN ° FS T FR O ~ FlRMS AVE ML T-CUP 2003.Od790 T-CUP 2002-04539 ML CUP 2001.04393 ML -: ~ •~~~ BAR SERV , ' U) f S'O SMALL IND. Bp lppp ML '~ FIRMS ~ ROL 49-50-5 UT ,S, CUP 2001-0d49d ^+ ~ Q F ~ L .E / > < CUP 3031 N O IND FIRM R 5 R~ . CL 49 0. A HC J CUP 1949 (O I ~ AGANT - - C}~ ~ ~'~ic Y . RCL ~P 4 EDO - ,y~ RcL 9.30.5 R RCL 200400118 ML I-61-105 o 1 ~ 'Q ,. GVP 29494 d7 U °ENCE ~ 09 i ' ~' %lvnaie)S' `~ " - ~ Q . M DO. q CH /'RCL 9456 i2CL 4950.5 (VAR 2052) ~ RCL 60-61-106 cuF 109 vgc~NJ VACANT _ r vA nrr CA h~f ~ CUP 1§17 SMALL COMMERCIAL o ~ti FIRMS ~ Y.. a' - , 460'--~ ._ , ^".' I ~ LINCOLN AVENUE-® ML m m RCL 56-57$6 ML rv 66-fi7-14 VACANT O°m t° F- MA HINERY- RCL 76-79-36 U~ W BUY 8 SELL VAR 2932 ML tC> W WOODSHOP CUP 2239 ~ AUTO REPAIR CH ~ SHOP FORD RCL 64.65-53 ~ ML VAR 2520 S ~ RCL 56.57-B6 Q 66-67-14 MILLS FORD ML ~ 56-57.14 O SMALL IND.FlRMS VALANO J EMBASSY ST Reclassification No. 2004-00118 ~? Subject Property Conditional Use Permit No. 2004-04847 Date: April 19, 2004 Scale: 1" = 200' Requested By: COMMUNITY DEVELOPMENT DEPARTMENT Q.S. No. 53 ACITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR INITIATION OF A RECLASSIFICATION FROM THE ML (LIMITED INDUSTRIAL) ZONE TO THE CL (COMMERCIAL, LIMITED), OR A LESS INTENSE ZONE AND INITIATION OF A CONDITIONAL USE PERMIT TO PERMIT THE CONSTRUCTION OF AN AUTOMOBILE SALES DEALERSHIP WITH AUTOMOTIVE REPAIR. 1501 West Lincoln Avenue -Anaheim Chevrolet 13~ 1 ~, °~ r ~'~~,~ . ~~ .~` ITEM 1-A ATTACHPIENT-P.&R 1-A MEMORANDUM _ CITY OF ANAHEIM \234 s~89 Community Development Department ~ ,~,, r, APR 2004 ~~~ RECEIVED y-' DATE: April 2, 2004 PLANNING DEPARTMENT ~~ TO: City of Anaheim Planning Commission J`~tCZZZiz~~ FROM: isa Stipkovich, Executive Director/Community Development SUBJECT: l UEST FOR INITIATION OF A ZONE RECLASSIFICATION AND CONDITIONAL USE PERMIT FOR THE PROPERTIES LOCATED AT 273 AND 275 N. MANCHESTER AVENUE AND 1561 WEST LINCOLN AVENUE (NORTHEAST CORNER OF LINCOLN AVENUE AND LOARA STREET) The purpose of this memo is to request the initiation of proceedings for a Zone Reclassification and Conditional Use Permit for the properties located at 273 and 275 N. Manchester Avenue and 1561 W. Lincoln Avenue (northeast corner of Lincoln Avenue and Loara Street). The current zone designation is Limited Industrial (ML) and the proposed zone designation is Commercial Limited (CL). The proposed zone reclassification will provide consistency with the General Plan's commercial use designation and the conditional use permit request is to effectuate the relocation and development of an automobile dealership. Attached is a map of the affected properties. If you have any questions regarding this matter, please call me at 765-4300. Thank you. c. Brad L. Hobson Ramona Castaneda F:\Does\DEVSVCS\MEMOSV2CM4330A.doc 6 ti ~i ~i E 6 H 6 P O N Cl N Y 6 7 K W W 4 N 4 0 ,~7 II O ~D :~ w w J 6 N W ~ W 2 U O .., IW W ~ W W ~ ~ 2 v 3 U U + I" 2 ~ ~ ~0 .N. ~ CO .-+ ~ o ~ (rj O ~ h 41 ti K A W ~ ~ W ~ U O d H W °- ° z t~ii O ° d ~ R ~ Z i d' l7 O.. ¢ W A ¢ ~ t. a r, A z o ~ Wn- J A ti W a °~ ~ ~ ~ U VO ¢ a. W F o 7 ~ ~ 0 W ti ~ _ l u (h i ^ d d o ~ w z N (U ~ ~OJ J O v . . ~O y `v ~e •ls vavo~ ITEM N0. 2 i ~', ~ENVE 1 1391 ~ , i ~ Mp, p,V ~~ `PPjaL ~ 611 r i ~ SP 64-91 (151 01.68-6 - y3 ' RC~~~68-6 916 P. V PR 169 P CUP 20 g1 CUP VPFZ 3651 ~y/ BU ~~ NO TR ~ ~ SP 94-1 IND. BLDG. SP 94-1 IND. BLDG. SP 94-1 RCL 70-71-47 (39) RCL 70-71-46 CUP 4090 CUP 3453 ADJ 0170 INDUSTRIALLY RELATED BUSINESS OFFICES INDUSTRIAL PARK l./ 1 NO 99-169 'Cp1'f' SP 971A61i1 151 RC CUP 1631 6 VPR 38WESS KC/CENYE/R \( 1 , / \ ~ TPM NO. 99-169 SP 94-1 RCL 70-71-07 (21) RCL 68-69-92 CUP 1837 VAR 3857 / SMFIRM6 D. ~~ _ . ;ti ~SP 94-1 ~:._,. CUP 200304611 SP 94-1 RCL 67-86-07 (Res of Intent to ML) RCL 70-71-46 69-70-58(2) 69-60-57 V-4236 IND. FIRM RIVERSIDE FREEWAY rte... .__ Conditional Use Permit No. 2003-04811 Subject Property Date: January 12, 2004 Scale: 1" = 200' Requested 8y: LARRY BEDROSIAN Q.S. No. 132 REQUEST TO ESTABLISH A CHURCH WITHIN AN EXISTING INDUSTRIAL BUILDING WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2920 East White Star Avenue D 1126 RCL R RC KOI TPM NO. 99-169 SP 94-1 RCL 70-71-07 (21) RCL 66-69-92 RCL 70-71-06 (1) CUP 1831 VAR 3857 SMALL IND. FIRMS / TPM NO. 99-169 SP 94-1 ~ iCL 70-71-07 (21) RCL 68-fig-92 RCL 70-71-06 (7) Q CUP 2006 Q CUP 1831 VAR 3857 Q- SMALL IND FIRMS RC F R( •` `` SP 94-1 ~~ RCL 70-71-46 ~ CUP 4090 O/~~ RCLCUP 3453(39) O<p O ~ ADJ 0170 / - ~ ADP NO. 106 LFR~ 20,/~ti~ NF SP 94-1 ADP 108 Staff Report to the : Planning Commission April 19, 2004 Item No, 7 2a. CEQA NEGATIVE DECLARATION (Motion) 2b. r; WAIVER OF CODE REQUIREMENT ! (Motion) . 2c. !CONDITIONAL USE PERMIT' N0. 2003=04811 j(Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped one-acre property has a frontage of 233 feet on the southwesterly side of White Star Avenue, a maximum depth of 233 feet, and is located 725 feet scutheasfof the centerline of La Palma'Avenue (2920 EastWhite Star Avenue). REQUEST: (2) The petitioner requests'approval of a Conditional Use Permit under authority of Code Section 18:110.050.050.0512 to permit and retainer church within an existing building with waiver of the following:`: SECTIONS 18.06.050.0266 and Minimum number of oarkino spaces ':18:110:050:110 ;` 166 required; 36 existing andproposed) BACKGROUND: (3) Subsequentto discussion with staff and the petitioner regarding off-street parking related to the church,: the Planning Commission continued this request from the: January 12,;2004, meeting for eight (8) weeks to allow the petitioner time to seek off- site parkingspace agreements between the church and adjacent property owners. At the March 8 2004, Commission meeting,,the Commission continued this request for another six'(6) weeks, o allow the petitioner more time to contact adjacent property owners with regard to establishing reciprocal parking agreements. (4) The Commission may wish to note that the Permit Streamlining Act requires an action betaken on this application by'June 3, 2004 (within six (6) months from the date the application was deemed complete -December 3, 2003). The Act allows for one extension of ninety (90) days, provided both the City and the applicant,agree to the extension (September 1, 2004). (5) This property is developed as part of an industrial complex and is`zoned SP94-1; DA 1 (Northeast Area Specific Plan -Industrial Area). The Anaheim General Plan Land Use Element Map designates the site,for General Industrial'land uses and properties to the north and east fot General Commercial land uses and properties to the south and west for General Industrial land uses. PREVIOUS ZONING ACTIONS: (6) Tentative Parcel Map 99-123 (to establish an 8-numbered lot, 1-lettered Iofindustrial subdivision) was approved by the Planning Commission on June 21, 1999. DEVELOPMENT PROPOSAL: (7) This request is the result of a Code Enforcement investigation based on a request for. service that revealed that the church was: operating at the location without a conditional use permit. (8) The petitioner is requesting approval of a conditional use permit to permit and retain a 19,426 square foot ohurch in'an existing building within ah industrial cdmplex. Sr5090jr .Page 1 Staff Report td the Planning Commission April'19, 2004 " Item No. 2 (9) ; The floor plans (Exhibit Nos(2 and 3) indicate a 5;376 square foot sanctuary/auditorium area, ? chapel; lobby area; children's. ministry room, classrooms, and storage areas, A 2;500 square foot meaanine office space is used for'administrative purposes for thechurch. (10)` Vehicular access is provided'via one driveway on White Star Avenue. Plans indicate a total'of 36 existing on-site parking spaces for this property. Code requires 166'spaces tiased the following: Use Square. Code Parking Requirement Parking Feet Spaces Re wired '; Sanctuary (assembly) .5;376 ' 29 spaces per 1,000 square feet :156 ofassembly area or 0.333space e[ fixed seatwhichever is' rester Office Area '.2;500 4 s aces. er 1,000 s ware feet 10 Accessory Church Uses (multi- 11.,550 N/A' N/A u ose'rooms, classrooms TOTAL - 19,426 166 Note: Code does not require anyparking far ttie accessory Sunday school classrooms. "Accessoryuses'(e.g.; multi : purpose room) do not require additional parking provided such areas are not used wncurrently with the sanctuary. i.. (11)` Photographs and staff inspections indicate the existing building is of concrete tilt-up construction, painted white, with windows on the northwest and northeast elevations. No s exterior'modifications to the building or landscaping are proposed as part of this application. Staff observed five' (5) buses/vans stored in a loading dock located at the site, as well as miscellaneous items (palettes, basketball hoop). -` (12) The sign plans (Exhibit No. 4) and staff inspections indicate one existing 72 square-foot cut foam wall sign on the northwest elevation. No religious icons; (crosses)`,are proposed to be placed on the building. No other signs are proposed in connection with'this request. The Code allows wall signs to be a maximum of 10% of the building face area (16 feet x 120 feet = 2,160 (10%) = 216 square feet allowed by code). ? (13)' The petitioner has submitted'the attached letter ofoperation dated November 12,'2003, thaE indicates one Sunday service from 10:00 a.m. to 12:00 p.m.; and bible study held'on Wednesdays from 7:30 p.m.'- 9:00 p.m: Additionally, the administrative offices operate Wednesday through Friday, from 9:30 a.m. to 4:00 p.m., with a maximum of two`(2) full time i and two (2) part-time volunteer staff. The congregation has approximately 150 members and with the'exception of accessory Sundayschool activities anti bible study, no school or daycare uses are proposed: Staff observed five (5) buseslvans storetl in a loading dock located at the site. The petitioner has indicated these vehicles are used for teen/youth transportation for their Wetlnesday evening bitile study. ENVIRONMENTAL IMPACT ANALYSIS: (14)! Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) antl finds no aignificanfenvironmtntal impact and, therefore, recommends thaYa Negative'Declaration be approved upon; a finding by the Planning Commission that the Negative Declaration reflects he independent judgment of the lead agency; and that it has considered the proposed Negative beclaration ogether with any '' comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have s significant effecYon the environment. , Page 2 Staff Report tc the Planning Commissioh April 19; 2004 Item No. 2 GROWTH MANAGEMENT ELEMENTANALYSIS:' (15) The proposed project has been reviewed by affected City departments to determine whether it 'conforms with the Gity's GrowthrManagement Elemehtadopted by the City Council on March 17 1992.: Based oR City staff review of the proposed project, it has been determined that this project does'not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (16) Churches are permitted within Development Area No. 1 of the Northeast Area Specific Plan subject to the approval of a conditional use permit. (17) The waiver pertains to minimum number of parking spaces. Code requires a minimum of 166 parking spaces for the church as'described' ih paragraph no. (10) of this report. The petitioner has submitted a parking analysis prepared by RK Engineering Grdup, Inc., dated August 27, 2003, to substantiate the requested parking waiver. The City Traffic and Transportatidn Manager has reviewed the parking analysis'and has determined that the proposed parking areas referenced in the parking: study are not sufficieht for the church and existing Industrial uses in the area. Based on the parking study, the parking supply provided on site is 21.6% of the code-required parking for the,proposed church. The parking study also counts 290 off- site and 35 oh-street parking spaces on adjacent properties and streets toward fulfilling the Code-required parking for the church operation. Code does not permit on-street parking to be counted toward fulfilling: Code-required parking for a given project; and further, this parking is located within the public right-of--way and may be eliminated at any time as deemed necessary tyihe Traffic Engineering Division (No on-sheet parking is currently allowed along the west side of White Star Avenue). Atldtionally, parking areas located oh adjacentiproperties serve tfie property. and uses oh which they are located. These businesses located on adjacent and surrounding properties can, by right, operate 24 hours. per day, seven (7) days a week; At any time, depending on the level of business activity, a company may change their hours of operation or the number of workers they employ to meet their company's needs. Because these parking areas on adjacent properties may not always be available, staff is not supportive ofvsing these areas towards fulfilling Code-required parking forthe church: In order to utilize parking on nearby properties,!each property would need to tie encumbered by a parking variance, including parking study analysis of each on-site use. Such variances : would limit the usage oh each of the properties to a point that may negatively affect the on-site business operations. The City Traffic and Transportation Manager has reviewed this study antl has determined that the actual supply of 36 spaces on the property is not adequate for ;~ the proposed church due to the number of adult congregants. Staff is concerned thaEl ..available parking is no4 adequateao meet both the short-term and long-term growth of the church. Therefore, staff recommends denial of this waiver. (18) The Commission may wish to note that thisbuilding is located within a recently constructed !industrial subdivision (constructed in 2001), in which all the buildings in thearea were :parked for industrial' uses (1:55 spaces/1000 square feet of gfa), with the exception of the Anaheim .Hockey Cluti; which was parked for skating/roller rinks (2.4 spaces/1000 square feet of gfa). The Commission may also wish td note that he traffic study conducted as part of them establishment of the industrial subdivision and the hockey club calculated the potential traffic demand based on industrial uses: Therefote, based'oh the recommendation of the Traffic Engineering bivision, staff recommends denial of this conditional use permit. (19) Although the Traffic and Transportation Manager does not support the parking waiver, the :parking study does include the following findings in support of the waiver. Page 3 Staff Report to the Planning Commission April' 19, 2004 Item No. 2 "(a) That the waiver, under the conditions imposed, if any; will not cause fewer off-street parking spaces to be provided for such use than the number of'such spaces necessary o accommodate all'vehicles attributable to such use under the hormalahd reasonable foreseeable conditions of operation of such use. The parking tudy indicates thafthe project would contain a sufficient supply of parking - spaces to accommodate the church by utilizing on-site parking (36 spaces) and agreed upon off-site parking' (290 spaces). (b) That the waiver, under the conditions imposed, if any; will not increase the`demand ahd competition for parking spaces upon tfie public'streets in the immediate vicinity of the proposed use. The parking'survey and the analysis for theproject and adjoining buildings' indicate that sufficient off-street parking (shared,pa~king agreements) is provided'so that the adjacenfpublic streefparking wduld not be'necessary. (c) That the waiver, under the conditions imposed, if any, will not increase the'demand for parking spaces upon?adjacent private property in the Immediate Vicinity of the proposed Use. The parking: study has determined that the tenants ofthe adjacent privateproperties expressly provide agreement for the Wayof Life Church to utilize their parking spaces. Shared parking on the adjacentproperties is accommodated due to the fact that adjacent properties and the Wayof Life Church have'different peak hours of parking:: demand. (d) That the waiver, underahe conditions imposed, if any, will not increase traffic congestiomwithin the off-street parking areas or lots provided for such uses The project will not cause increased traffic congestion within off-street parking areas of the site because an efficient system of accommodating parking demand is used. Ttie traffic director effectively guides traffic to off-site parking spaces that sufficiently accommodate the parking demand. (e) That the waiver, under. the conditions imposed, if any,`will not impede vehicular ingress to'or egress from adjacent properties upon he public'streets in the immediate vicinity of the proposed use. '' The off-street parking spaces provided do riot impede Vehicle ingress or egress from ` tfie adjacent properties or upon White Star Avenue adjacent to the projecYsite." (20)' As indicated in the attached memorandum from the Code EnforcementDivision dated `' January 2, 2004, this application is the result of a citizen request for service regarding a ' church operating without a conditional use permifwithin an existing industrial building. Althougft'the request for service was received on'April 21,2003, the petitioner indicated to staff that the church has been at this location for three (3) years. The: Commission should note thatalthough a business'license was issued for the church on November 27! 2000, the::' license does not authorize the church td operate without approval of a conditional use permit. The church was previously located at 5109 East La Palma'Avenue (CUP 3595). (21)i' Since the January 12, 2004, Commission meeting, staff met with the petitioner and provided property ownership information pertaining to'surrounding properties and a~ example of the proper form bf agreement necessary to meet City. requirements foPuff- site parking. The petitioner mailed Tetters to five (5) owners of the sunounding Page 4 Staff Report to the +Planning Commission April 19, 2004 Item No: 2 properties (see attached). Of the five (5} etters sent, two (2) of the owners have sold their property and one (1) owner will not enter into an agreement with the church. No communication hasbeen received from the other two (2) property owners. Commission should note that the petitioner has indicated that approximately eighteen (18) months (October, 2005) remain on their lease`and as such, the church would like to remain at this location uhtil the lease expires. FINDINGS:. (22) Section 18.06.080 of the parking ordinance sets forth the following findings,`which are required to be made before a parking waiver is approved by the Commission; (a)' That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use thanthe number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation ofsuch use; and (b)' That the waiver, under the conditions Imposed, if any, will not increase the demand and competition for parking spaces upon the public streets ih the immediate vicinity of the proposed use; and (c) That the waiver, under the conditions imposed, if any, will not increase the demand and competition forparking spaces uponadjacent private property in the'immediatevicinity of the proposed use; and (d)' That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use; and (ep That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from?adjacehtproperties upon the'public streets in the immediatevicinity of the proposed use: Unless conditions to the contrary are expressly imposed upon the granting of any waiver pursuanf to this Section by the Planning Commission or City Council, the granting. of any such waiver shall be deemed contingent,upon operation ofsuch use in cdnformance with the assumptions relating to thebperation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver.' Exceeding; violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking. demand study shalCbe deemed a violation of the express conditions imposed 'upon said waiver which shall subject said waiver to terminatioRor modification pursuant to the provisions of Sections 18:03.091 and 18.03.092 of this Code. (23) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidencepresehted shows that all of the following'conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized bythe Zoning Code, or thatsaid use is not listed`therein as being a permitted use; (b) That the proposed use will hot adversely affect the adjoining land uses and the'growth and tlevelopmeht of the area in which it is proposed to tie located; {c) That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use ih a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; Page 5 Staff Report to the Planning Commission April 19, 2004 Item No. 2 (d) That the traffic generated by theproposed use will not: impose an undue tiurden upon the streets and highways designed and improved to carry the traffic in the-area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace] health, safety and general welfare of the: citizens ofthe City of Anaheim. RECOMMENDATION: (24) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted. to the Commission including the euidence presented in this staff report; and oral and written evidence presented at the public hearing; the Commission deny the petitioner's request by adopting the attached resolution including the findings contained therein. Page 6 [DRAFT] RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DENYING CONDITIONAL USE PERMIT NO. 2003-4811 (2920 EAST WHITE STAR AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 4 OF PARCEL MAP NO. 99-126, AS SHOW N ON A MAP FILED IN BOOK 311, PAGES 22 TO 25 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the March 8 and April 19, 2004 Planning Commission meeting; and WHEREAS, the Commission did on January 12, 2004, and March 8, 2004, continue this request and directed the petitioner to secure preliminary agreements for additional off-site parking to meet the parking demands of the church; and WHEREAS, the petitioner has been unable to secure such agreements, and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 2. That the use will adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located in because the on-site parking is not adequate to accommodate the number of members that may potentially attend Sunday services resulting in fewer off street parking spaces being provided for such use than the number of spaces necessary to accommodate all vehicles attributable to such use under normal and foreseeable conditions of operation. 3. That the size and shape of the site for the use is not adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare of the Citizens of the City of Anaheim as the Code does not permit the counting of on-street parking towards fulfilling Code-required parking for a given project; moreover, this parking is located within the public right-of-way and may be eliminated at any time as deemed necessary by the Traffic Engineering Division (no on-street parking is currently allowed along the west side of W hite Star Avenue). Additionally, parking areas located on adjacent properties serve the property and uses on which they are located. These businesses located on adjacent and surrounding properties can, by right, operate 24 hours per day, seven (7) days a week. At any time, depending on the level of business activity, a business may change their hours of operation or the number of workers they employ to meet their needs. Because these parking areas on adjacent properties may not always be available, these areas should not be counted toward fulfilling Code-required parking for the church. Including these parking areas as part of the Code-required parking may create competition for parking spaces upon adjacent private property. Further, some of the properties on the easterly side of White Star Avenue are occupied by retail businesses that could operate on Sundays. CR\PC2004-0 -1- PC2004- 4. That the granting of the Conditional Use Permit under the conditions imposed, if any, will be detrimental to the peace, health, safety and general welfare of the Citizens of the City of Anaheim. 5. That the traffic generated by the proposed use will impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the proposed timing of Sunday services may result in an overlap of church patron parking on and around the property with adjacent businesses, thereby increasing the potential for traffic congestion on and around adjacent industrial/commercial properties and streets. 6. That indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit and retain a church within an existing industrial building with waiver of mihtmum numberofparking spaces and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Conditional Use Permit, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Maheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2004- ATTACHMENT -ITEM N0. 2 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: JANUARY 2, 2004 TO: JOHN RAM[REZ, ASSISTANT PLANNER 7~1~ FROM: MATTHEW D. LETTERIELLO, CODE ENFORCEMENT OFFICER SUBJECT: NEW LIFE SOUND MIND MINISTRIES, INC. 2920 E. WHITE STAR AVE. ANAHEIM,. CA CUP2003-04811 On April 21, 2003, Gode Enforcement staff received a citizen's request for service in regards to an industrial building occupied by a construction company and also being used for a church on Wednesday nights and weekends. There was also some electrical panel concerns. I was familiar with the location from prior contacts and was aware that Lewis & Sons Construction (roofing company) occupied the location. On April 28, 2003, I went to the location to inspect the property. I found the building locked. The interior was visible and was set-up as a lobby. A bookrack was visible and contained religious books. There were two large buses parked on the northwest side of the building that were identified at the roof line as," Way of Life Church." I reviewed Planning Department records and was unable to locate a Conditional Use Permit for the church. There was a business license for a church. On May 2, 2003, I returned to the location to inspect the property and found there were three of the same type church buses on the northwest side of the building and several large roofing trucks were stored on the west side of the property. The building was locked and there was no response when I rang the bell. On May 9, 2003, a check of Business License records revealed the license for Lewis & Sons had expired. I sent a Notice of Violation to the Bedrosians, the property owners of record, Mr. Lewis, the constmction business owner and Mr. Lagore, the church pastor. The notice advised them of the violations that existed on the property which included a need for a Conditional Use Permit, improper storage of the constrrction trucks and the expired business license for the construction company. The notice advised them to immediately correct them. On May 21, 2003, apre-file (pre-2003-00047) was submitted for the church and the comments were returned on June 19, 2003. A pazking study was required. NEW LIFE SOUND MIND MINISTRIES, INC. 2920 E. WHITE STAR AVE. PAGE 2 OF 2 Between May 16 and August 5, 2003, I worked construction tnicks and equipment from the location. location. with Mr. Lewis in removing all of the The construction activity ceased at this As of November 4, 2003, the application for the CUP had not been submitted. I sent a Final Notice of Violation to the Bedrosians and to Mr. Lagore and Bette Mueller (church representatives) that advised them of the violations existing on the property. On November 18, 2003, the application for CUP2003-04811 was submitted. If 1 can be of any further assistance or if you have any questions, please telephone me at extension 4446. - MDL ?920 a white star ave memo ITEM NO- 9 2 VPR 3816 VPR 35n' 6~ 6 RG` 3 4 9 vPO 20gs l' pFFIGEg ......... GO eb-14 gSREET ELM RGUgRPRY RM Bs si-t2 RCI. 5-66-62 i ~~ 52 R RG~6 MENt`' RM.12g9-5g i VPR G~HUR~N t PPPZ~~ Z RVPR 3gg1'(S E`65~-6642 RM-107-12 ~n PPPRgZ pU R ~NURGI'' AR 3 02 N RC~ V 2pU 1pU 6068-6 RCL 6535p4 CO 66_g2 RG~ 65 1 pU Gp64-14 G CHURCH ~~ OF PPR~MENj pE UGg PO RE~~ R2 p6 ~gp2ver•aY Zonel gPNT A p,~lP S 3g, f In ePGRl~~g1.TURE ~ = c ~6 ~~79 (RBS o ~ .. R rn 7J VPR 1605 CPNt y ~ VP CO ~~ RCL fi5-66-59(1) ~ ~ RCL 63-64-90 (3) RCL 63-64-90 (Res Of I t t l CO ~~ 59161 ~ ~~660FPGE5 A ~ N 73 ~ N n en 0 ) T-CUP 20b4-04836 R SMP~~ R~~ Z m L _ A 2 ' ~ G o CUP 3676 CUP 1476 63-~-2515 ; y VPpc~ ~ ~ m A ~ N m G o ~ r N p-~ (R ° 2pU VAR 1865 VAR 1545 yo l+ ° ~ VPR2615 ~ ~3 ~,5 o Z ~ ° ° `v Z (RCL 62-fi3-51) CHURCH R~~ ~, 63'62 UP 540 ~, ~ N o ~ ~ `n ~o A N G ~ Tg. N P in -~ PPSg' G ° EMEN~PRy E< ` ~ A n G i R~5000 10g • gCHpO . g 2 pp3 'o r0 ttnn0 2pU 1p RC`Z 3 54-C ~ 200 Z-~ 53- RG RG U 1p ~ c - RSV PR 3313 ~, ~P 3473 Conditional Use Permit No. 3876 Subject Property TRACKING NO. CUP2004-04636 Date: April 5, 2004 Scale: 1" = 200' Requested By: JULIO VIVAS Q.S. No. 73 REQUEST TO AMEND EXHIBITS FOR APREVIOUSLY-APPROVED CHURCH TO CONSTRUCT ACCESSORY SUNDAY SCHOOL CLASSROO MS WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 511 South Harbor Boulevard -Unitarian Church of Orange County tzas Staff Report to the Planhing Commission ` Aprill9, 2004 item No. 3 3a. CEOA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI (Motion)'. 3b. 'WAIVER OF CODE REQUIREMENT 1 (Motion).. 3c. ' ;:CONDITIONAL USE PERMIT NOs'3876 , (Resolution) i (TRACKING NO. CUP2004-04836) SITE LOCATION'AND DESCRIPTION: (1) This irregularly-shaped, 0.5-acre property is located`at the southwest corner of Santa Ana .'Street and Harbor Bbulevard with frontages of 138 feet on the south sidebf Santa Ana :::Street and 164 feel oh the westside bfNarbor Boulevard (51 T South Harbor Boulevard - Unitarian Church of Orange'County). REQUEST: (2) :The petitioner requests approval to amend exhibit5fbr a previbusly-approved church to `construct ah accessory Sunday'school classroom building under authority of Code Sections 18.03.091 and 18.41.050.070 with waiver of the following: `SECTIONS 18.06.050:0266 AND Minimum number of Dorking spaces C18:41i066.050 24 required; 22 proposed) BACKGROUND:; j (3) This request was continued from the April 5, 2004, Commission meeting at the request of 'the petitioner in orderto complete a parking analysis for the project. i (4) This property is currently developed with a church and is zoned CO (Commercial, Office 'and Professional). The City of Anaheim General Plan Land Use Elemehf Map designates 'this property for Commercial Professional1and uses.: (5) Surrounding General Plan land use designations are: as follows: pire~tion .: ~~~ General`PIan:Desi nafion East (across Harbor Low-Medium Density Residential Boulevard North (across Santa Ana ___ Commercial Professional Street ,South and West 5~ (6) Conditional Use Permit No. 3876 (to permit the conversion of a 3,320 square foot bank building too church) was approved by the Planning Commission on October 14, 1996, Resolutioh No. PC9ti-112, adopted in conjunction with this permit, contains the following condition of approvals "11. Thafthe subjectproperty hall be developed substantially in accordance with plans ! and specificatiohs submitted to the City of Anaheim by the petitioner and which plans are oh file with the Planning Department marked Exllibif Nos. 1, 2, and 3 DISCUSSION: (7) The petitioner proposes to amend previously-approved exhibits in orderto construct a new Sundayschool class~bom building for an existing church. The new 670 square foot building would be located at the norttrwesfcornerbf the property: The site plan (Exhibit No. sr8719av `Page 1 Staff Report to the Planning Commission Ap~if 19, 2004 Item No. 3 1, Revision No. 1) indicates the proposed building would be developed with the following : structural and landscaped setbacks: Code-Required Code-Required Direction Proposed Building/ Building Landscaped) Landsca a Setback Setback Setback .North (adjacent to Santa 10 feet td building Ana Street)':'.. 10' feet of landsca in 10 feet 10 feet ..133 feet to building East (adjacent to 10-16 feet of landscaping 10 feet 10 feet Harbor Boulevard 72 feet to building `South interior 7 feet of landsca in 10 feet None 5 feet td building West (adjacent to alle 5 feet of landsca in None None Staff Report to the Planning Commission April 19, 2004:' Item No. 3 (12) The proposed church building would'eliminate'3 existing parking stalls, therefore, a waiver of minimum number of parking spaces is required. Code requires 24 spaces based on the information contained in paragraph no. (11) of this report and the site plan indicates a total of 22`available on-site for church activities. The petitionerhas submitted a parking letter,- dated. April 5, 2004, to substantiate the requested waivec'The City Traffic and"' Transportation Manager has reviewed the letter and determined that there would be sufficient parking for the existing church and the proposed classroom building. (13) The parking letter further includes the following findings to substantiate the requested waiver of minimum number' of parking spaces: "(a) ; That the variance; under the conditions imposed,: if any, will not cause fewer off- street parking spaces to be'provided for such use than the humber of uch spaces necessary to accommodate`all vehicles attributable to such' use under the normal and reasonable foreseeable conditions of operation of such use. There will not be fewer off-street parking spaces than necessary because overflow parking form the church can' use the lot on the adjacent scftool property. (b) That the variance, under the conditions imposed,: if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use: There will not be increased demand and competition for parking on public streets in the immediate vicinity because the'availableoff-street parking at the churcfiand school will be sufficient. (c) i That the variance; under the conditions imposed,'. if any, will not increase the demand for parking spaces upon adjacent private property: in the immediate vicinity'of the proposed use: There will not be increased demand and competition for parking on adjacent property becausebf the parking by permissionat the adjacent school at times at which he schooFparking lot is not otherwise used. (d) That the variance; under the conditions imposed,'. if any, wilt not increase traffic congestion within the off-street parking areas or lots provided for sucfi use. There will not be increased traffic congestion in the off-street parking areas because as a supplement to signage he church will station' a person: at the end of the entrance row of parking and direct traffic either left into the one-way loop through the remainder of the church parking lot or, after those twenty paces are occupied, right into the alley o proceed the short distance to the school lot. (e) That the variance; under the conditions imposed, if any, wilt not impede vehicular ingress to or egress from ad}scent properties upon the public streets rn the ' immediate vicinity of the proposed use: Egress'and ingress to adjacent properties shall not be impeded because at the times that congregation members are using the alley that provides one directionof access io theschool and a bail bond business; neither tfie`school nor the bail bond business rs open. Sunday and evening traffic on the alley is normally less than 5 cars an hour." Page 4 Staff Report to the Planning Commission 'April 19; 2004 Item No. 3 (14) .The Commission should note, the agreement with the adjacent school is not a recorded agreement and therefore, should not be considered justification of the parking waiver findings. The Traffic and Transportation Manager approved the parking letter based on the _ minimal deviation from Code required parking (8%). Based on the findings justified by the submitted parking letter (exclusive of the statementspertaining to the school parking) staff recommends approval of the requested waiver. (15) Staff is supportive of the request to permifand construct the accessory church classroom building, and feels that as conditioned, the: proposed classroom building would not adversely affect surrounding properties. ENVIRONMENTAL IMPACT ANALYSIS: (16) :Staff has reviewed the request to amend exhibits loran existing church to construct Sunday scftool classrooms and. the previously-approved Negative Declaration and finds there are no changes to the originally-approved conditional use'permit and that the request will not result in any`significantodverse environmental impacts: Therefore, staff 'recommends that thepreviously-approved Negative beclaration serve as the required environmental documentation for this request. GROWTH MANAGEMENT ELEMENT'ANALYSIS: (17) .The proposed project has been reviewed by affected; City departments to determine: 'whether it conforms with the City's Growth' Management Element adopted by the City :Council onI March 1 T,;1992. Based on City staff review of the' proposed project, it has been determinetl that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore„no analysis has been pertormed. FINDINGS: (18) Section 18:06.08p of the parking ordinance sets forth the following findings which are ::required to be made before the parking waivers are approved by the Planning Commission or City Council. (a) That the waiver, under the conditions imposed if any, will not cause fewer offstreet parking spaces to be provided for'such use tfian 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; and (b) That the waiver. under the conditions imposed if any, will not increase the demand and competition for parking spaces upon the'public streets in the mmediatevicinity of the proposed use; and (c) That the waiver, 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 theproposed use; and (d) That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the"off-street parking areas`or lots provided for such use; and (e) That the waiver, 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. ' Page 5 Staff Report to the Planning Commission April! 19, 2004 Item No. 3 Unless conditions to the contrary are expressly imposed upon the grant of any.waiver pursuant to this section by the Planning Commission, the granting: of any such waiver shall be deemed contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking'demand study that formed the. basis for'approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from .any of said assumptions as contained in the parking`demand study shall be deemed a violation of the express conditions imposed upon said waiver which shall subject said waiver to termination: or modification pursuant to the provisions of Sections-18.03.091 ahd 18.03.092 of this Code. (19) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows thatall of the following conditions exist: (a) ' That theproposed use is properly one for which a+conditional use permit is authorized by the Zoning Code, or that said use is not listed }herein as being a permitted use; (b) That the proposed use will not adversely. affect the'adjoining land uses and the growth and development of the area in which it is proposedto be located; (c) That the size and shape of the site foe the proposetl use is adequate to allow the full development of the proposed"use in a manner notdetrimental to the particular area nor to the peace, health, safety, and general welfare; (d) That the traffic generated by the proposed use will not impose an undue burden upon the'streets and highways designed: and improved to carry the traffic in the i area; and (e) 'That the granting of he conditional use permit under the conditions imposed, if any, r will notbe detrimental to the peace, fteaith, safety and general welfare of the citizens of the City of Anaheim. (20) Subsection 18.03.092 of the Anaheim Municipal Code provides for the modification or termination of a conditional use permit for one or more of2he following grounds; (a) That the approval was obtained by fraud; (b) 'That the conditional use permit for which'such approval is granted is not being exercised: within the time specified in such permit; (c) ;That the conditional use permit for which such approval was granted has ceased to exist or has been suspended or inoperative for anyreason lot a period'of six (6) :'consecutive months or more; (d) 'That the conditional use permit granted is being, or recently has been exercised 'contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; (e) That the conditional-use permit for which the approval was granted has been so exercisetl as to tie detrimehtal to the public health or safety, or so as to constitute a nuisance;: Page6 Staff Report to the Planning Commission April 19, 2004 Item No: 3 (f) That the conditional use permit for which the approval was granted has not been exercised, and that based upon additional ihformationbr due to changed circumstances; the facts necessary to support one or more of the required showings for the issuance of such entitlement as set forth in this chapter no longer exist; and/or (g) That. any such modification, including the imposition of ahy additional conditions thereto, is reasonably necessary td protect the public .peace, health, safety dr general welfare, or necessary to permit reasonable operatioriLnder the conditional use permit as granted. RECOMMENDATION: (21) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral'and written evidence' presented at the public hearing, that the Commission approve the petitioner's request to amend exhibits for a previously-approved church to construct an accessory Sunday school`classroom building by adopting the attached resolution, including the findings and conditions containedtherein. Page 7 [DRAFT] RESOLUTION NO. PC2004--" A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF - RESOLUTION NO. PC96-112 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3876 (511 SOUTH HARBOR BOULEVARD) WHEREAS, on October 14, 1996, the Anaheim Ciry Planning Commission did, by Resolution No. PC96-112, grant Conditional Use Permit No. 3876 to permit the conversion of a 3,320 square foot bank building to a church. WHEREAS, Resolution No. PC96-112, adopted in connection with subject use permit, includes the following condition of approval: 11. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, and 3:' WHEREAS, the property is currently developed with a church and is zoned CO (Commercial, Office and Professional). The Ciry of Anaheim General Plan Land Use Element Map designates this property for Commercial Professional land uses; and is situated in the Ciry of Anaheim, County of Orange, State of California, described as: THAT PORTION OF VINEYARD LOT "G-6", AS PER MAP RECORDED IN BOOK 4, PAGES 629 AND 630 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: WHEREAS, the petitioner has requested to amend said condition of approval; and WHEREAS, the City Planning Commission did hold a putilic hearing at the Civic Center in the City of Anaheim on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 19, 2004 Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration ofall evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.41.050:070 to amend exhibits for apreviously-approved church to construct Sunday school classrooms with waiver of the following: (a) Sections 18.06.050.0266 and Minimum number of parking spaces 18.41.066.050 (24 required; 22 proposed) 2. That the petitioner submitted a parking letter, to substantiate the parking waiver; and that the City Traffic and Transportation Manager has reviewed the letter and concurred with the conclusion that 22 on-site parking spaces are sufficient to meet the needs of this specific proposal. 3. That the parking waiver will not, under the conditions imposed, 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 the use. CR\PC2004-0 -1- PC2004- (TRACKING NO. CUP2004-04836) 4. That the waiver will not, under the conditions imposed, increase the demand and competition. for parking spaces upon the public streets in the immediate vicinity of the proposed use. 5. That the waiver will not, under the conditions imposed, increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. , 6. That the waiver will not, under the conditions imposed, increase traffic congestion within the off- street parking areas or lots provided for the proposed use. 7. That the waiver will not, under the conditions imposed, impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 8. That the proposed use, as conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located based on the site design and location of the proposed classroom building complying with the Zoning Code. 9. That the size and shape of the site containing the existing church is adequate to allow the full development of the proposed classroom building in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 10. That the traffic generated by the proposed construction and use would not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area due to the fact that the new classroom building would be for accessory Sunday school classes for the children and existing church members. 11. That the proposed use, as conditioned, would not adversely affect the adjoining land uses and the growth and development of this area based on the compatibility of the site design and intended use of the classroom would not conflict with the adjoining public school and commercial land uses. 12. That "' Indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission :has reviewed the proposal to amend exhibits for apreviously-approved church to construct accessory Sunday school classrooms with waiver of minimum number of parking spaces and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 3876 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution No. PC96-112 to read as follows: That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 2. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 610 and shown on plans submitted to the Department of Public Works, Street Sweeping and Sanitation Division for review and approval. Said information shall be specifically shown on plans submitted for building permits. -2- PC2004- 3. That the drive-way on Santa Ana street shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 115. Said information shalfbe'- specifically shown on plans submitted for building permits. 4. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead; and that the on-site irrigation system shall be maintained in accordance with City standards. 5. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal pf trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 6. That any required relocation of City electrical facilities shall be at the developer's expense. 7. That if required to serve the new classroom building, the legal property owner shall provide the City of Anaheim with an easement to be determined as electrical design is completed for electrical service lines. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 8. That trash storage areas 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. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent public rights-of-way. 9. That this church facility shall not include any child day care orpre-school activities unless a conditional use permit granting such uses is approved by the Planning Commission. 10. That no portable signage shall be utilized to advertise the church. 11. That no outdoor events shall be permitted. 12. That no required parking shall be fenced or otherwise enclosed for outdoor storage uses. 13. That the number of congregates at any one time shall be limited to fifty (50) persons, sixteen years of age and over. If the number of congregants exceeds fifty (50) members at any one time, the applicant shall then submit a parking management plan to the City Traffic and Transportation Manager for review and approval. 14. That subject property shall be developed substantially in .accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Revision No. 1) 2, 3, 4 and 5, and as conditioned herein. 15. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3 and 7, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 16. That prior to final Building and Zoning inspections, Condition No. 14, above-mentioned, shall be complied with. 17. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and f=ederal 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. -3- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "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. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- ATTACHI~4ENT -ITEM N0. 3 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION. THAT PETfPION FOR CONDITIONAL USE PERMR NO. 3876 BE GRANTED WHEREAS, the Anahekn Cry Planning Canmleelon dkl racaMe a verlfiad Petition for Condttlonel Uee Pemttt tot cattalo reel property ekueted M flea CXy a4 AnaFeelm, Couray of OranBa, State ~ Ca1Nom-s, d®acritrad ae: THPORTION OF VINEYARD LOT °G~°, AS PER MAP RECORDED IN BOOK 4, AGES 828 AND 830 OF DEEDS, IN THE OFFlCE OF THE COUNTY RE RDER OF LOS ANGELES COUNTY, GALIFORNIA, DESCRIBED AS FO WS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID ANAHEIM VINEYARD LOT °G~°; THENCE NORTH 15 DEG. 21' 40° WEST ALONG THE NORTHEASTERLY LINE OF SAID LOT, 855.00 FEET; THENCE SOUTH 74 DEG. 33' 13° WEST, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID LOT, 11 ~ FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; TH NCE CONTINUING SOUTH 7~ DEG. 33' 13° WEST, PARALLEL WTTH THE SO EASTERLY LINE OF SAID LOT, 58.E FEET; THENCE NORTH 15 DEG. 21' 40° WEST, PARALLEL WRH THE NORTHEASTERLY LINE OF SND LOT, 139.0 FE TO THE NORTHWESTERLY LINE OF SAID LOT; THENCE NORTH 74 DEG. 30' 150° EAST, ALONG .SAID NORTHWESTERLY LINE, 68.00 FEET; THENCE SOUTH tb DEG. 21' 40° EAST, PARALLEL WITH THE NORTHEASTERLY LINE OF SAS LOT, 1.44 FEET TO THE TRUE POINT OF BEGINNING. EX¢EPTING THE NORTHERLY 10 FEET CONVEYED TO THE CITY OF ANAHEIM FO~ VdIDENING WEST SANTA ANA STREET BY DEED RECORDED NOVEMBER 9, 837 IN BOOK 1911, PAGE 4~ OF OFFldAL RECORDS. TH~ EASTERLY 11S FEET OF VINEYARD LOT °G~°, AS PER MAP RECORDED IN BOOK 4, PAGES 828 AND 630 OF DEEDS, RECORDS OF IAS ANGELES. COUNTY, CALIFORNI4. EXCEPT THE SOUTHERLY 720 FEET THEREOF. O EXCEPTING THE NORTHERLY 10 FEET AS CONVEYED TO THE CITY OF E-M, FOR WIDENING WEST SANTA ANA STREET, BY DEED RECORDED N BER e, 1!X17 IN BOOK 811, PAGE 4~ OF OFFlCUI. RECORDS. THE EASTERLY 116 FEET OF THE NORTHERLY ~ FEET OF THE SOUTHERLY 7~ FEET OF VINEYARD LOT °G~°, AS PER MAP RECORDED IN BOOK b, PAGES 82D AND 830 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. THE NORTH ~ FEET OF THE SOUTH 855 FEET OF THE EAST 135 FEET OF VINEYARD LOT °G-8°, AS PER MAP RECORDED IN BOOK 4, PAGE8 829 AND 834 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. CR2784DM.WP -1- PC>~-112 NVHEREAS, tfw Cky Piantelnp Commissd~e did hold a pule at ifee CMc Canter In the City of ae Qtr 14, 1f tat 1:30 p.m., rice ~ publ~ haWn® bean duly gNen as requlr~i by lever std 6e with flee ~ ttee m M9taelclpal Code, Chapter 16.03, to hear and catesld~ ertce for .and aflnir~ Bald t:oadftloreal us® permR and to Investl®ate erd make tlrsdlrips and a In tfeer~ltte; and •WHEREAS, sold Commlertlon, after due and study made by Ptesff erd In tta behaf~ and after dt~ coaesldsratbn ~ aIi avkiam:a atul oftarad at haadnp, does Hnd and determlrre idl~rlnp ftac4a: 1. .That flee use la prapedy one for which m cord! use psrmft to authorised by Anaheim PAtmlc~l Cod® toectlon 18.41.050.070 to permk the corrversiwr oq a 3,320 aq.ft bank twAdlnp to a church. 5. That Otte ~ flea CWdftlorfal use psrreeh, order ttte ootdulorrs Irrr , taYl rrot ba detrlmetHal to the and ~ des ~ the Cfty ~ Anaheim; atxl e. ~ TF~t teo ores 4dlcated th~r pr at sad pubOc k1 ;std that no correapondencA was ae to the strt~ssx 2. That tFea ore~e ~ and i~ mal M cornpllar~e wxh Cky rds: -2- PCQtr112 3. Tfret ttt4a o od ttre stab)ect property sheA submk ~ leaer r~ueetlrp 4erminatlon of Condklatsl Use Pemmt Na~1~78 (to Ott an In an k-0 resldaance wktt varloue aaaMsre) artd Varlarace No. 154b (jCa valve nreukraaRrt paannkted structural ht) to ttae ZoNnp DMslon, BE R F'URT}tER FIESOLVED that the Cky doaas tktd arxi deterrnlrae itrt ~lopt~tt of this Rasolutbrt is y pred upon a~mlcark's coned wlaa t~t3t arxi all ~ oatdk sat toPlh. Sttou3d arty stack coaKtkbn, rM ®ny part ~ ~ d hval a to by ate )tadpra ~ arry coact ~ ~ts~kxe~t, art time Hassofutkan, aany ~ rq~ ark vim. a- tic-~>la 1'HE FOREGOING RESOLUTION wea edged et the Plermin® Commlaalan ~ October 16, 1i. (Original signed by RobertNi CHAIRMAN ANAHEIM CITY PLANNING COMMISSION ATTEST: lOri@ipal ai@nab by PAar@arlta Salorlal SECRETARY, A~IAFiEIM CITY PLANNING COMMISSION i STATE OF FORNIA ) COUNTY OF GE ) ~. CITY OF ANAHEIM IN WITNESS WHEREOF, I have her®unto my bend Uda dey ~ , 11. @~1@Inal nl@na~ Oy RRar@arlta 6alorla) SECRETARY, ANAHEIM CITY PLANNING COMMI9SION -a- Pc~t~a ITfiM N0. 4 '9L Fy ~O 90 0~ QO '~ ~9 RS-7200(SC) RCL 71-72-30 (1) VAR 2560 9L VAR 2375 ~/(i/O 1 DU EACH 9 s~COL AGO ~9 oJQ~ ~~~ GP RS-A-03000(SC) RCL 72-73-50 (Res of Int to RS-HS-10,000(SC)) RCL 72-73-47 VAR 2126 RS-A-43,000(SC) GPA 200400418 .RCL 200400116 VAR 200404601 TPM 2004127 RCL 72-73-50 (Res of Int to RCL 81-82-07.. RCL 78.79.32 ~ VAR 3538 VAR 3078 \\~ / RH-22000(SC) VAR 3538 RCL 72-73-47 1 DU i i RH-22000(SC) RCL 72-73.51 °o_ RCL 81-82-07 0 O V' K O_ !'7 J W DRIVE EL RANCHO 0 MILL STREAM CIR ~ MIDDLE SCHOOL RH-22000(SC) RCRCL 72 737 ) ALL PROPERTIES ARE IN THE SC SCENIC CORRIDOR OVERLA ZONE ( )( ~ General Plan Amendment No. 2004-00418 ;rte .,~~' Subject Property Reclassification No. 2004-00116 Date: April 5, 2004 Variance No. 2004-04601 Tentative Parcel Map No. 2004-127 Scale: 1" = 200' Requested By: FRANK T. MINISSALE Q.S. No. 202 GENERAL PLAN AMENDMENT NO. 2004-00418: REQUEST TO AMEND THE LAND USE ELEMENT MAP OF THE GENERAL PLAN REDESIGNATING THE PROPERTY FROM THE HILLSIDE ESTATE DENSITY RESIDENTIAL DESIGNATION TO THE HILLSIDE LOW DENSITY RESIDENTIAL DESIGNATION. RECLASSIFICATION NO. 2004-00116: REQUESTS RECLASSIFICATION OF THE PROPERTY FROM THE RS-A-43,000 (SC) (RESIDENTIAUAGRICULTURAL; SCENIC CORRIDOR OVERLAY) ZONE TO THE RS-HS-22,000 (RESIDENTIAL, SINGLE-FAMILY, HILLSIDE; SCENIC CORRIDOR OVERLAY) ZONE OR A LESS INTENSE ZONE. VARIANCE NO. 2004-04601: REQUESTS WAIVERS OF; (A) MINIMUM LOT DEPTH ADJACENT TO A SCENIC EXPRESSWAY (B) MINIMUM LOT AREA TENTATIVE PARCEL MAP NO. 2004-127: REQUEST TO ESTABLISH A 3-LOT, 3-UNIT DETACHED SINGLE-FAMILY SUBDIVISION. 111 Mohler Drive 1253(20043.26) \ ~ " QO RS-7200(SC) Q~ .RCL 71-72-30 (8) JQ- VAR 2375 Q 1 DU EACH ~ GP~~ VAR 2375 1 DU EACH ITEM N0. 4 .`Staff Report to the Planning Commissidh April 19,'2004 item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) I 4ti: 'GENERAL PLAN'AMENDMENT N0: 2004-00418 (Resolution) 4c. RECLASSIFICATION N0:2004=00116 t (Resolution) 4d: VARIANCE N0 2004'-04601 ; (Resolution) 4e.' TENTATIVE PARCEL MAP NO. 2004-127 (Motion) SITE LOCATION'AND DESCRIPTION? (1) This irregularly-shaped 1.5 acre,property is located at the southwest corner of Santa Ana Ganyon,Road and Mohler Drive'with frontages of 406 feet on the south'side of Santa Ana Canyon Road and 300 feet orY the west side of Mofiler Drive (111 Mohler Drive). REQUEST: (2) The petitioner requests approval of the following: • 'General Plan Amendment No( 2004-00418 - to amend the Land Use Element Map of the General Plan redesignating this property from the'HiilsideEstate Density Residential designation to the. Hillside Low Density 12esldentia( designation. • 'Reclassification No 2004-00116 - to reclassify this property from the RS-A-43,000 (SC) (Residential/Agricultural -Scenic Corridor Overlay) zone to the RS-HS-22,000. (SC) (Residential, Single-Family-:Hillside Scenic Corridor Overlay) or less intense zone. • `Variance No. 2004-04601 - to construct 3 detached single-family homes with waivers of: (a) SECTION N0.18.04.020.023 +Minimum of deoth adjacent to a scenic e~x resswav 150 feet required; 110 feet proposed for Lot B and 115 feet proposed for Lot C) (b) SECTION NO. 18.22.061.010 Minimum lot area 22 000 square feet 1f 9:000 ',square feet exclusive of publidbr privatelroad] ''required15.910 square feet proposed for Lot B) :Tentative Parcel Map No. 2004-127 - to establish a 3-lot, 3-unit detached single-family rresidential subdivision. BACKGROUND: ~ (3) This item was continued from the April 5, 2004, Planning Commission meeting to allow the :petitioner time to submit a Preliminary Water Quality'Management Plan, for review and approval by the Putilic Works Department; Development Services Division. (4) .This property is developed with`one single-family home and is zoned RS-A-43,000 (SC). ?The General Plan designates this property and theiproperty td he east (across Mohler brive) for Hillside Estate Density Residential land uses, and further designates the property :: °`to the north (across Santa Ana Canyon. Road) for Hillside Low Density Residential land uses, and to the south for a juhior high school site (EI Ranchd Middle School). (5) There have been several attempts to develop this property fofnon-residential land uses via public hearing entitlements] however, all ehtitlements were denied and/or have expired. sr1148cw Page 1 Staff Report td the Planning Commission Aprif 19, 2004 Item No. 4 GENERAL PLAN AMENDMENT REQUEST: (6) The petitioner requests an'amendment to the Land Use Element Map of the General Plan to redesignate this property from the: Hillside Estate Density Residential land use designation to the Hillside Low Density Residential land use designation. (7) The General Plan provides an official guide for future development within the City and is r intended to promote an arrangemehfof land uses, transportation services and other public services, which'. provide orderly development and adequate provision for public improvements: Since the initial adoption of the'General Plan, the Planning Commission and City£ouncil have viewed the General Plan as tieing flexible with the specified,fanges. This idea is reflective' of the introductory text of tfte General P(an text, which reads'as follows::' "The Anaheim Genera( Plan is not a precise plan and does not show, nor intend to show,:: the exact land use pattem'which will in fact occur. Insfead~ it indicates the general location ofland uses and the interrelationships of various land use`patterns'as shown'on the General Plan Land Use Map. The Plan constitutes an expression of currenfCify objectives, principles, standards, proposals and policies and provides: a basis frdm which'decisions relating to specific land use proposals can be made." (S) The fdllowing is a comparison of the existing Hillside Estate Density: Residential land use designation and the proposed Hillside Low Density Residential designation. ADOPTED GENERAL PLAN EXISTING Estimated Land Use Approx Typical Density `Maximum Average Daily Designation Acres Implementation Range Dwelling Units for :Trips (ADT) Zones subject parcel (Avg. to Max.)`:: Hillside Estate 1.5 RS-HS-43,000 (SC) 0 - 1.5 2 27 Density RS-HS-22,000 {SC) 'Residential 'Eshmated'Average daily tdps arebased on 13.5 trips/DU for the RS-HS-43,000 and RS-HS-22,000 Zones. (9) The existing Hillside Estate Density Residentia(land use designation'is typically implemented by the RS-HS-43,000 (SC) andRS-HS-22,,000 (SC) Zones. Typical development consists of sirtgle-family residences having 22,000 to 43,000 square foot lots. Thepermitted density range is 0 - 1C5' dwelling units per acre, which yields a maximum of 2 units for the subject property (1.5 x 1.5 = 2.25 units). Page 2 Staff Report to the Planking Commission April 19; 2004 Item No: 4 PETITIONER'S PROPOSAL EXHIBIT A .Estimated Land Use Approx Typical Density Maximum Average Daily ; Designation Acres Implementation Range ` Dwelling Units for Trips;(ADT) Zones*+ subject parcel" (Avg, tv Max.) Hillside Low Density ` 1`.5 RS'-HS-10, 000 (SC) 0 - 5 i 7 59 Residential RS-7,200 (SC) Staff Report to the Planning Commission Aprif;l9, 2004 ` Item No. 4 units; however, the development of tfiis property would be limited to a maximum of 3 units as shown on the tentative parcel map and site plan (Exhibit No. 1). Further, the proposed zoning designation of RS-HS-22,000 (SC) is consistent with the designation of Hillside Estate pensity Residential and surrounding properties. DEVELOPMENT PROPOSAL _ (12) The petitioner proposes to'reclassify he property from the RS-A-43,000(SC) zone to the RS-HS-22,000(SC) zone to develop a 3-Ipt, 3-unit detached single-family residential subdivision. Tfte tentative map and. site plan'(Ezhibit No:1) indicate that access to the development would be provided by a'private street from Mohler Drive. No entry gates are proposed. (13) The plan indicates the three lots would be oriehted to rearonto Santa Ana Canyon Road (as required by Code) and vehicularaccess toahe residences would be provided from the private street. Plans indicate the following project characteristics: Code Standard RS-HS-22,000 (SC) - , ProRosed Project Code'Requirements Maximum Density 2.97 units@ 1.98 DU's per acre 3 units@ 2 t)U's per acre Maximum LofArea 22,OD0 square feet i Lot A: 21,020 sq. ft. [19;000 square feet exclusive of publicbr !Lot B: 15,910 sq. ft. -' private road]: Lot C: 19;410 sq. ft. Ma>omum Lof Depth 150 feat Lot A: 155 feet Lot B: 110 feet Lot Ci 115 feet Maximum Lot Width Average of 100 feet with no less than 85 feet Lot A; 85 feet for Lot A and 60 feet for Lots B and C' Lot Bc 120 feet Lot Ct 90 feet Lots with frontage on the circular ofcurvilinear portion of arty cul-de-sac shall hava'a minimum lot width of not less than 60 feet. (14) Floor plans and elevations were not submitted as part of this application. The applicant intends to construct three 2-story single-family residences n compliance witft the RS-HS- 22,000(SC) Zorte standards. Should the Commission approve this request, staff recommends a condition of approvaL~equiring;fihal site, floor, elevation, landscape and fencing plans to be reviewed and approved by fie Planning Commission as a Reports and Recommendations item. ENVIRONMENTAL IMPACT ANALYSIS: (15) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant ehvironmental impact and; therefore„ recommends that a Negative Declaration be approved upon a finding by the Planning Commission that the Negative Declaratidh reflects the independenfjudgmeht of the lead: Page 4 Staff Report to the Planning Commission April 19~ 2004 Item No. 4 agency; and that it has considered the proposed Negative Declaration together witfi any . :`comments Yeceived'during thepublic review process>and further finding do the basis of the Initial Study and any comments received that there is no substantial evidence that the project wighave a significanYeffect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSISi' _ (16) The proposed project has been reviewed 6y affected City departments to tletermine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17,::1992. Based on City staff review of the proposed project, it has been determined: that this project does not fit within the scope necessary to require a Growth Management Element analysis; therefore,'no analysis has been performed. EVALUATION: (17) The petitioner requests rezoning of the property from he RS-A-43, 000 (SC}Zone to the RS-HS-22,000 (SC)?Zone. The Fequested rezoning and density`would be compatible with the proposed General Plan designation of `Hillside Low Density Residential since this zone classification is less intense than the typical implementation zones of RS-7200(SC) end RS-HS-10;000(SC) associated with this designation. Staff recommends approval of the rezoning because thezone would be compatible with' he zoning of the surrounding single- familyneighborhood and wouldbe developed at a density below the maximum permitted by the requested General Plan lantl use designation of Hillside Low Density Residential. (18) Waiver (a) pertains to minimum lot depth adjacent to a scenic expressway. Code requires a minimum lot depth of 150 feet for the 3 proposed lots; as they are adjacent to Santa'Ana .:Canyon Road. Lot depth is defined as the horizontal' ength of a straight line connecting the bisecting points of the front and he rear lot lines. Plans indicate Lot B has a depth of 110 .feet and Lot C has 115 feet. This property consists of three parcels, two of which, due to their size and shape, are not suitable for development. The applicant has reconfigured the oddly-shaped property to create: three usable parcels'. Staff recommends approval of this waiver due to the irregular shape of the property and' hat otheClots in the vicinity along Santa Anal CanyonRoad have;lot depths hat do ndt meet the 7 50 foot depth requirement. (19) Waiver (b) pertains to minimum of area. Code requires a minimum lot area of 22,000 square feet or 19.000 square feet exclusive of the portion of the parcel devoted to public or rprivate streets. Plans?indicate the lot area for Lot B is 15.910 square feet,. exclusiveof the private street. The Commission. should note that two. variances; for lot area have been .::granted tofiearby properties untler the same zoning'designation. Specifically, Variance ~~ No. 3254 (to permit waiver for minimum lot area [22,000 square feet required; 14,920 ::square feet proposed) to create: a 2-lot subdivision) at 120 Mohler Drive, directly east of the .subject property, was approvedby the City Council oh March 30, 1982, following approval by the Commission. With the oddly-shaped property and previously-approved waivers of lot depth in this area, staff recommends a°oroval of this waiver. (20) Staff is supportive of the General Plan amendment and rezoning to permit 3single-family sresidences on this property. The project consists of hree lots; however, the current ize and configuration of these existing parcels: renders them undevelopable: In some instances] a lot line adjustment can be processed to reconfigure lot lines to create 'develdpable parcels.' In this case, a tentative parcel map is required because the lots do not meet the criteria to be modifietl administratively. In order to make the findings for the tentative parcel map, the density has to be In conformance with the General Plan. As discussed in paragraph nos:`(8) and (9), the existing General Plan designation permits a maximumbf 2.25; (2) Ingle-family dwelling units. The petitioner has been cooperatively Page 5 Staff Report to the Planning Commission April 19, 2004 Item No. 4 enjoyed by'dther properties in the same vicinity and zone. The"sole purpose of anybode waiver is to prevent discrimination and none shall tie approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any code waiver is granted by the Planning Commission; it shall be`shown: (a) Thafthere are`special circumstances applicable to the property such as size;'shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical'zoning classification in the vicinity. (23) The State Subdivision Map Act'(Governmeht Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommendirig approval of a tract map, a specific finding that the proposed Subdivision together with`its design and improvement is oonsisteht with the City's General Plan. Further, the law requires that the Commission make any of the following findings when 'denying or recommending denial of a tract map: 1: That the proposed map is not consistent with applicable General end Specific Plans. 2: That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3'. That the site is not physically suitable for the type of development: 4. That the site is not physically suitable for theproposed'density of development. 5. That the design of the subdivision or the proposed improvementsare likely to cause substantial environmental damage or substantially and avoidably injure fish orwildlife oFtheir habitat. 6: That the design of the subdivision or the type of improvements islikely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements., acquired. by the public at large, for access through or use of property ~ within the proposed subdivision. RECOMMENDATION: (24) Staff recommends that unless additional or contrary informatioh is received during the hearing, and basedupon the evidence submitted to the Planning Commission, including the evidence presented in this. staff report, and oral and written evidencepresented at the public hearing that the Commission approve the petitioner's request by adopting the attached resolutions;pertaining to the general plan'amendmeht; reclass~cation and' variance and the tentative parcel map motion excerpt, including the findings and conditions contained therein. Page 7 [DRAFT] RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION `" ADOPTING AND RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2004-00418 PERTAINING TO THE LAND USE ELEMENT {111 MOHLER DRIVE) WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, the petitioner has made application to amend the Land Use Element Map of the General Plan to redesignate the property from the Hillside Estate Density Residential designation to the Hillside Low Density Residential designation on 1.5 acres property located at the southwest corner of Santa Ana Canyon Road and Mohler Drive and; WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Cade, Chapter 18.03 to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 19, 2004, Planning Commission meeting; and WHEREAS, said Commission, after due consideration, inspection, investigation and study made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY FIND: 1. That the evidence presented substantiates the need for an amendment to the Anaheim General Plan and that, therefore, Exhibit A should be adopted redesignating subject area for Hillside Low Density Residential land uses. 2. That indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend the Land Use Element Map of the General Plan redesignating the property from the Hillside Estate Density Residential designation to the Hillside Low Density Residential designation on the 1.5 acre property; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim City Planning Commission does hereby adopt and recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2004-00418 pertaining to the Land Use Element, Exhibit "A", to redesignate the study area from the Hillside Estate Density Residential designation to the Hillside Low Density Residential land use designation: CR\PC2004-0 -1- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "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. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF ANAHEIM ) I, ,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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of , 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION CR\PC2004-0 -2- PC2004- [DRAFT] RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION •- > -- THAT PETITION FOR RECLASSIFICATION N0.2004-00116 BE GRANTED (111 MOHLER DRIVE) WHEREAS, the Anaheim City Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15, 1944, IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH 26° 01" WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MICHAEL C. BINIER AND WIFE BY DEED RECORDED MARCH 1, 1947, IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934, IN BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46° 29' 11" EAST, THROUGH AN ANGLE OF 1° 41' 55", AN ARC DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF DEED TO HENRY F. DEL GIORGIO AND WIFE, RECORDED AUGUST 7, 1948, IN BOOK 1682, PAGE 364 OF OFFICIAL RECORDS; THENCE DEL GIORGIO, TO THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH LINE EASTERLY, 29.10 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44° 07' 42" EAST, 686.96 FEET" IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE 521 OF OFFICIAL RECORD IN SAID OFFICE; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF W ITH A CURVE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE IN A DEED RECORDED IN BOOK 2285, PAGE 482 OF OFFICIAL RECORDS IN SAID OFFICE. PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970, IN BOOK 9238, PAGE 828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY CR\PC2004-0 -1- PC2004- ALONG THE NORTHWESTERLY LINE OF SAID LAND TO MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952, IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS; THENCE -- NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED .LAND, BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LIEN OF SAID CURVE PASSING THROUGH SAID MOST SOUTHERLY CORNER BEARS NORTH 433° 30' 49" WEST) AND ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE COURSE SHOWN ON HAVING A DISTANCE OF 42.00 FEET MORE OR LESS ON THE MAP ATTACHED TO EASEMENT DEED RECORDED MAY 9, 1977, IN BOOK 12185, PAGE 1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY PROLONGATION OF SAID COURSE NORTH 38° 07' 15" WEST 0.82 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93° 48' 56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND CURVE CONCAVE THROUGH A CENTRAL ANGLE OF 02° 43' 31" AN ARC DISTANCE OF 403.07 FEET TO THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 54' 1Z" EAST TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 19, 2004, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and .reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes reclassification of subject property from the RS-A-43,000 (SC) (Residential/Agricultural; Scenic Corridor Overlay) zone to the RS-HS-22,000 (SC) (Residential, Single-Family- Hillside; Scenic Corridor Overlay) zone. 2. That the Anaheim General Plan designates subject property for Hillside Estate Density Residential land uses and, concurrent with this request, the petitioner has requested a General Plan amendment to the Hillside Low Density Residential land use designation. 3. That the proposed reclassification of subject property is necessary to allow for the orderly and proper development of the community as proposed with the 3-lot subdivision. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community as surrounding properties are zoned RS-HS-22,000 (SC). 5. That indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify the property from the RS-A-43,000 (SC) zone to the RS- HS-22,000 (SC) zone on the 1.5-acre property; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. -2- PC2004- NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the City of Anaheim to exclude the above-described property from the RS-A-43,000 (SC) zone and to incorporate :._. said described property into the RS-HS-22,000 (SC) zone upon the following conditions which are hereby found to be a necessary prerequisite to the reclassification of subject property in order to preserve the safety and general welfare of the citizens of the City of Anaheim: That approval of Reclassification No. 2004-00116 is contingent upon approval of General Plan Amendment No. 2004-00418 by the City Council. 2. That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of title, a legal description and containing a :map of the property. That prior to placement of an ordinance rezoning subject property on an agenda for City Council consideration, Condition Nos. 1, and 2above-mentioned, shall be completed. The City Council may approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim Municipal Code Section 18.03.085 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are completed within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such conditions, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which maybe approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "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. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -3- PC2004- I, ,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 an April 19, 2004, by the fallowing vote of the members thereof: _ ,.__ AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- [DRAFT] RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04601 BE GRANTED (111 MOHLER DRIVE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition far Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, S.B:B. & M; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15, 1944, IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH 26° 01" WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MICHAEL C. BINIER AND WIFE BY DEED RECORDED MARCH 1, 1947, IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934, IN BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46° 29' 11" EAST, THROUGH AN ANGLE OF 1° 41' 55", AN ARC DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF DEED TO HENRY F. DEL GIORGIO AND WIFE, RECORDED AUGUST 7, 1948, IN BOOK 1682, PAGE 364 OF OFFICIAL RECORDS; THENCE DEL GIORGIO, TO THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE' SOUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH LINE EASTERLY, 29.10 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44° 07' 42" EAST, 686.96 FEET' IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE 521 OF OFFICIAL RECORD IN SAID OFFICE; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE IN A DEED RECORDED IN BOOK 2285, PAGE 482 OF OFFICIAL RECORDS IN SAID OFFICE. CR\PC2004-0 -1- PC2004- PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ,,_ ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970, IN BOOK 9238, PAGE 828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO MOST SOUTHERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952, IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LIEN OF SAID CURVE PASSING THROUGH SAID MOST SOUTHERLY CORNER BEARS NORTH 433° 30' 49" WEST) AND ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE COURSE SHOWN ON HAVING A DISTANCE OF 42.00 FEET MORE OR LESS ON THE MAP ATTACHED TO EASEMENT DEED RECORDED MAY 9, 1977, IN BOOK 12185, PAGE 1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY PROLONGATION OF SAID COURSE NORTH 38° 07' 15" WEST 0.82 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93° 48' 56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND CURVE CONCAVE THROUGH A CENTRAL ANGLE OF 02° 43' 31" AN ARC DISTANCE OF 403.07 FEET TO THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 54' 12" EAST TO THE POINT OF BEGINNING. WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Coundil Chamber, 200 South Anaheim Boulevard, on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03 to hear and consider evidence for and against said General Ptan Amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 19, 2004, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes the construction of three detached single-family homes with the following waivers: SECTION N0.18.04.020.023 Minimum lot depth adjacent to a scenic exoresswav 150 feet required; 110 feet proposed for Lot B and 115 feet proposed for Lot C) SECTION NO. 18.22.061:010 Minimum lot area 22.000 square feet 19 000 square feet exclusive of public or private road required; 15.910 square feet proposed for Lot B) 2. That the above-mentioned waivers are hereby granted on the basis that there are special circumstances applicable to the property such as it's irregular shape, which does not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity since other lots in proximity to the property do not have the required lot depth of 150 feet and/or the required lot area of 22,000 square feet. -2- PC2004- 3. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located since the proposed lots would be compatible in size and configuration with surrounding properties. That "" indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. 5. That the above-mentioned waivers are necessary to reconfigure the three (3) existing lots into lots suitable for development; and that such development will be compatible with other such previous development in the surrounding neighborhood. 6. That indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct 3 detached single-family homes with waivers of: (a) minimum lot depth adjacent to a scenic expressway, and (b) minimum lot area on the 1.5 acre properly and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That final site, floor, elevation, landscape and fencing plans for the residential structures shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendation item. 2. That a plan for the design of the private street shall be submitted to the City Traffic and Transportation Manager for review and approval. 3. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors shall be installed and maintained as shown on submitted plans. 4. That the streets, sanitary sewers and storm drains within the development shall be privately maintained. 5. That all requests for newwater services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Division. 6. That all existing water services shall conform to current Water'Utility Standards. Any existing water service that is not approved by Public Utilities for continued use shall be upgraded to current standards, or abandoned by developer. If the existing services are no longer needed, they shall be abandoned by the developer. The developer shall be responsible for any costs associated with upgrading or abandoning any water service or fire line. -3- PC2004- 7. That the developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval in determining the adequacy of the existing water, ._ __ system to meet the project's water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility's Rates, Rules .and Regulations. 8. That the water backflow equipment shall be above ground, outside of the street setback area, in a manner fully screened from all public and private streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public and private streets. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector before submittal for building permits. 9. That prior to rendering water service, the developer/owner shall submit a set of water improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. A performance bond in an amount approved by the City Engineer and in a form approved by the City Attorney shall be posted with the City of Anaheim. 10. That all lots shall be assigned street addresses by the Building Division. 11. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said department. Said areas shall be specifically indicated on scaled plans (showing storage and collection areas) submitted for building permits. 12. That approval of this variance is contingent upon approval of General Plan Amendment No. 2004-00418, Reclassification No. 2004-00116 and Tentative Parcel Map No. 2004-127, now pending. 13. That prior to occupancy of the first dwelling unit the applicant shall construct an all weather sidewalk and trail to the City's satisfaction within the right-of-way along the project's frontage at Santa Ana Canyon Road. Such information shall be specifically shown on plans submitted far building permits. 14. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department marked Exhibit No. 1, and as conditioned herein. 15. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12 and 13 above mentioned, shall be complied with. 16. That prior to final building and zoning inspections, Condition No. 14, above-mentioned, shall be complied with. 17. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. -4- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a Ciry Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION _5_ PC2004- peo uoRuep Leo pea uo,(ue~ wnsdF pec uo6uep na pienalnr tuouun ,lemy6 ~euad tac uosia~ anus ups ~aa ~a p~enalr laws C O O J p Tl 0 ~4. N E E ~ ~ m CZ x= 0 mn oy d ~ Q '`o w Z m ~ N J 3 ~a iep d i o~ b N m v 0 0 0 0. o m w ~ C C N O r ~ N d C U J ~ J ~ .T. U. c ~ N U a > m `m c m ATTACHMENT -ITEM N0. 4 EXISTING ACRES HILLSIDE ESTATE DENSITY RESIDENTIAL HILLSIDE LOW DENSITY RESIDENT EL RANCHO JUNIOR HIGH SCHOOL 1.5 HILLSIDE ESTATE 1 DENSITY RESIDENTIAL ~ I I !II HILLSIDE ESTATE DENSITY RESIDENTIAL ~ General Plan Amendment No. 2004-00418 Existing Figure 2 1265 EXHIBIT A ATTACHMENT -ITEM N0, 4 ACRES HILLSIDE LOW DENSITY RESIDENTIAL HILLSIDE LOW DENSITY RESIDENT ~P PP_' EL RANCHO JUNIOR HIGH SCHOOL DRIVE rN LJ General Plan Amendment No. 2004-00418 Exhibit A Figure 3 1265 1.5 HILLSIDE ESTATE 1 DENSITY RESIDENTIAL III HILLSIDE LOUD DENSITY RESIDENTIAL ATTAC1Il+lENT -ITEM N0. 4 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ 8 ' C/ ~ ` n ~ ' C~ G ~ / (A separate t tement is required for each Code waiver) PERTAINING TO: ~~r1? I'~L~c'1~--' / 01~ ~/'>~~ Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require [hat before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or suaoundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the properly for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? ,~ Yes _ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No If vour answer if "ves." describe the 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes T No The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone whicjh~is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ~ ignature of Property Owner or Authorized Agent Date r DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. VAR N0. 2004 - 0 4 6 01 ATTACHL7ENT -ITEM N0. 4 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~~ ' Z ~ ' ` ~' ~ ' C~ ~ C (A separate statement is required for each Code waiver) PERTAINING TO: I~~1t`I~ t'1fI L~l~~- ~L~ / ~,ee,.~. Sections 15.03.040:030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to [he property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives [he property of privileges enjoyed by other property under identical zoning classification in the vicinity. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Conunission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 2. 3. 4. yJ ~s? i~ {?91El.Cl. Are the special circumstances that apply to the same zone as your property? ~ Yes _ No If your answer is "yes," describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special Were the special circumstances created by causes beyond the conVol of the property owner (or previous property owners)? # Yes T No The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. afore of Property Owner or Authorized Agent DECEMBER 12, 2000 u~- i~-~~ -` CONDITIONAL USE PERMITNARIANCE NO. VAR X0.2004 - 0 4 6 01 property different from other properties in the vicinity which aze in the ITEM N0. S kAIgER OV`EJ PRD ~R'hi L7g 7g~16 8 00 RCL 77-764 4 Oi1'T V P~ 356fi CL OFFICE RCL 89-90-46 E1-00' RCL 78-79-46 RCL 77-78-64 (7) RS-5000 T-CUP 200404838 OPEN SPACE - CO ~4 CUP 3262 RCl 78 7g,q fi CUP 2541 ROL 254 ~ VAR 4112 OUP `Q GPA 176 RCL 78-79.46 oFFlOE RCL 77-78-64 (7) aLDO. N EIR 256 CUP 3946 '~ EIR 229 CUP 2541 2 EIR 216 OFFICE BLDG !Z ROL7g 794 VACANT ~ ~~ RCUPi 2541 ni~ i n ~ /' 5 oFF~cE BLpO' ~p { Opci`I'~P ~ ~ ~ 0079-0fi ~Q _ c ,~ ~ > ~~ 70- 7 v~ 5 ~ itOL77-76 p4214 p ~ ~:~ ~ ~ ~2 7.CU~UP 3 61 h ~ f f ~ ~. r t , OUP 3647 ~ '' r . r ~ J ~ /- CUP 2~4p1r10 ° r~ ~ _ ;r,,. 5 ppYGARE ~ ~ r : E i ~ ~Q SP88-1 ~5p0, OPEN SPACE MONTE VISTq ROgO -. FIRE STATION \ <\\ i ~ i~ `\ \\\\ # 10 POam\ ' ~c~\ \~ ~/ ~ \\\ \\\ ~ ~ \ \ o \~ SP88-1 ~\ \\ \ / \ \ i~ E\.N~~9!\ CUP 3091 i \ \ \ !\NK\-~~ \n`\ CONDOS \ \ SP88.1 \\Oy\\ PER\i~~ \\!Z\\ 231 DU \\ j VACANT \\ \\ \ t~\ ~ ~ \°, \ ~,~ o \ ~ ~ ~ i i P- 'P 1 Vim 0~'E (~ \. A. ~~~ i~~ { ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY ZONE) ZONE Conditional Use .Permit No. 3262 ) ~ 'r"r Subject Property (READVERTISED TRACKING NO. CUP2004-04838 Date: April 19, 2004 Scale: 1" = 200' Requested By: MAHESH VYAS Q:S. No. 219 REQUEST TO CONSTRUCT A FOUR (4) UNIT COMMERCIAL RETAIL CENTER AND TWO- STORY MEDICAL OFFICE BUILDING INCLUDING ROOF-MOUNTED EQUIPMENT IN CONJUNCTION WITH AN EXISTING, PREVIOUSLY-APPROVED CARWASH WITH WAIVERS OF: (A) PERMITTED COMMERCIAL CENTER IDENTIFICATION IN THE SCENIC CORRIDOR OVERLAY ZONE (B) MINIMUM SETBACK ADJACENT TO A SCENIC EXPRESSWAY (C) REQUIRED IMPROVEMENT OF SETBACK 8245 and 8295 East Monte Vista Road 1309 Staff Report to the Planning Commission April 19, 2004 Item No: 5' 5a. CEQA NEGATIVE DECLARATION (READVERTISED) (Motion) 5b.i- WAIVER OF CODE REQUIREMENT ! '(Motion) 5c. CONDITIONAL USE PERMIT NO: 3262 (Resolution); (Tracking No. CUP2004-04838); SITE LOCATION AND DESCRIPTION: ' (1) This 1.74-acre, irregularly-shaped property is bounded by Weir Canyon Road, Monte Vista Road and Old Springs: Road with frontages of 500 feet on the rorth side of Monte Vista Road and 170 feet on he east side ofAld Springs Road (8245'ahd 8295 East Monte Vista Road). REQUEST: (2) Petitioner requests approval of an amendment to Conditional Use Permit No. 3262; under authorirybf Code Sections 18103.091, 18:44.050.132 and 18:84.062.032; td construct a ':four (4) unit commerd(ai retail`center and two-story medical office building; including roof- <mounted equipmeht in conjunction with ah existing; previously-approved carwash with waiver of the following: (a) SECTION NO. 18.05.091:010 Permitted'commercial center itlentificatioh in the ScenidCorridorOVerlav zone (one.3-foot high 26 square foot single-faced sign permitted per :street frontage; two 5.25 foot;high, 21 square foot monument signs proposed) (b) SECTION NOi 18.84.062.011 Minimum setback adjacent to a scenic ;expressway 100,feet required; 76 feet `'proposed); (c) SECTION N0. 18.84.062.011 Required improvement of setback area 14-foot landscape'setback with 3-footihigh berm `required2- to 14-foot landscape setback`with 3- i foot high,fiedge proposed). >BACKGROUND: { (3) This item was continued from he April 5, 2004, Planning Commission meeting at the request of the petitioner to allow the petitioner to work with staff to refine the design of the project. (4) This property currently consists of three parcels, two of which are vacant and one of which is improvetl with a car wash and is zoned CL (SC) (Commercial; Limited -Scenic Corridor Overlay). The Anaheim GeneraLPlan Land Use Map:designates this property for General ''Commercial land uses. (5) Surrounding General Pian land use designations are as followsi '~ ` ~ ~ ~ ~ ~ ' ~ ~~ ~ General Plan ~Directton -`'" °:~;'Designatiori--, North and west (across Old Springs Road) General Commercial South (across Monte Vista Road) and east General Open Space (across Weir Canyon Road) 8r3066ey: Page 1 Staff Report to the Planning Commission !.April 19; 2004 Item No: 5' rf r s r ~n~ <>i . i s " ", .," , , ,, ,,,'., r ~. +c . " " ., ,. .,, r : F .. ,,. ,,, .> ~~ .. ,. ,t w ,.ry. " ., yY + e" t `~ ~ n~ 4 ~ jl) M r*-, -s I qf~u a y~ .~lny.n"> t~~4 ui"TQu~r.. w94. i a ~. a~ r sS ~, ,~~ ~ ~ ~ a „~ 5 + Proposed location'of new medical office building (8) The site plan. indicates that the proposed buildings would be developed with the following street setbacks: 1., . , "," , . "" Code-" Caide=Required "-~AdjaceratSfreet ",-< .~ Proposed Building.&.., ~ "<; Required (Type of Street)"y ," "'; ." Landscape Setbacks". , ~~ Building Landscaped ", >SetCiack . " ~'' Betbadk ', 76 feet to tiwiding; W eir Canyon Road 20 feet or 14 feet landscaped,3-foot 100 feet (Scenic Highway) 14 feet if bermed hi h'landsca ehed e Monte Vista Road 81 feet to building; 20 feet or (Hillside Secondary 2 to 14 feet landscaped, 3- 50 feet 14 feet if bermed Arterial) foot high landscapefiedge 20 feet to building; "~ Old Springs Road 3-foot 20 feet 20 feet or 20 feet landscaped, (Local Street) 14 feet if bermed ':high landscape hedge No setback or landscaping is required for interior property Tines. The proposed setback for Building A is a minimum of 45 feet including an existing approximate 5-footwide landscape planter with' hedge attfie north property line. The proposed setback for Building B is 0 to 5 .feet and includes a walkway leatling to the rear entry doors for all units. A 3-foot wide planter currently exists bn the adjacent parcel to the north (canvash) and is planted with 8 ;Queen Palm trees. `, (9) Tfie site plan indicates a total of two driveways existing for the site, including one ingress- oniydriveway on Monte Vista Road and one ingress/egress driveway on Old Springs Road. No direct access to Weir Canyon: Road is existing orproposed. An 18-footwide by 23-foot long truck loading/delivery space is proposed adjacent. to the rear entry to fie commercial retail building. The site plan shows a total of 118 parking spaces available for this center. A total bf 11 S spaces are required for the entire projectbased on the following: Page 3 Staff Report to the Planning Commission Aptil 19, 2004 <: Item No. 5 CODE- TOTAL REQUIRED` Address USEITENANT SQUARE PARKING ~ PARKING .... FEET 'RATIO REQUIRED ,(per 1,000 s . ft. 8245 Monte Vista Road ' Proposed Medical Office i 12,743 6 76.5 828SMonte Vista Road Canyon Auto Wash (and 1 760 5.5 9.7 sarvice station , 8295 Monte Vista Road ! Proposed Retail 5,712 5.5 31.4 TOTAL 20,215 - 117.6 (10)` The floor plan for Building A!(Exhibit No. 6) indicates that the proposed medical office building would consist of two stories and a total of 12,743 square feet.: The site plan shows that the' building has a cantilever of approximately twenty feet on the north elevation and ten feet ort'the east elevation so that the second story is larger than the first and thafparking space5ad}'scent to the nortft and easfelevations:are effectively covered parking stalls. Square footage for the firstfloor is 5,538 squarateet and 7;205 square feet on the second floor. The plan indicates that the building would have a total: of four metlical office tenant spaces: The portion of the building forwhich a detailed floor plan is included would be occupied by the owners of the property for use as an outpatient surgery center on the first floor and a medical office space on the'second floor. Details of the remaining two spaces are notiincluded, however, these spaces would tie leased to medical office tenants. The floor plan also includes two stairways at opposite sides of the building'and an elevator adjacent to the main entrance of the building. (11)' The floor plan for Building B'(Exhibit No. 7) indicates that the proposed retail building would. consisfof four tenant spaces with a minimum size of 1,050' quare feet and a maximum of 1,78Tsquare feet: The plan indicates,main entrances to ab suites ort the south elevation (facingjMonte Vista Road) and rear entrances facing the carwash. The plan further indicates a single restroom' in the rearbf each tenant space. (12) Elevation drawings for Building A (Exhibit No. 8) indicate a tiwo-story, maximum 32-foot high office building in a contemporary design. Code allows a maximum structural height of 35 , ;: feet for commercial zones within the Scenic Corridor. Two cylindrical tower elements are `` ' proposed on the east (Weir Canyon Road) and south (Monte Vista Road) elevations. A dark granite finish is proposed for each of the towers. -. The elevations consist of a sand plaster finish incorporating metal reveals, numerous square- and rectangularly-shaped'windows, and second story pop outs oh all sides; Proposed colors for the building are a light green with dark green granite on the tower elements. (13)`' Elevation drawings for Building B (Exhibit No. 9) indicate aone-story, maximum 24-foot high retail building with`a designsimilar to the office building. Three cylindrical towerelements are proposed on the east {Weir Canyon Road), south (Monte Vista Road) and west (Old SpringsRoad) elevations. The storefront would include floor to ceiling: windows and single; and double glass'entryway doors facing Monte Vista Road. The elevation containing the main entrances would also incorporate'a covered walkwaysupportedby granite and plaster columns. The rear elevation; facing the canvash'includes pop outs to mimic actual columns on either side of each door. Page 4 Staff Report to the Planning Commission April 19, 2004 Item No. 5 and/or vehicular accessways be distributed throughout the parking area and an average of forty-eight (48) square feefof planter area provided per required tree„with a minimum planter dimensioh of five (5) feet, and no more than ten (1b) parking spaces are' permitted adjacent to each other in a row without being separated by andscape area with a minimum width of five (5) feet (48,000; square feet of parking area/3000 square feet = 16 trees withiri associated planter areas). The projec€would include a total. of 42 trees within parking and circulation areas,'significahtlyexceeding the Code requirement. As described inithe chart in paragraph no. 8; the required landscape setback: may be reduced from 20 to 14 feet, where the developer provides a three foot high landscaped berm adjacent tothe right-of-way line.': As part of the proposal, a 3 foot high hedge (Texas Privet) would be planted along all street frontages. Further, fast growing shn~bbery or clinging vines would be(planted around both trash enclosures. (17p The submitted letter of operation Includes information regarding the use of the medical office building: The majority of the building would be occupied by the property owners for their own medical practice and surgery center. The remaining spaces would be leased to other medicaPor dentalprofessionals. The retail building wouldbe occupied by typical retail and service businesses. An addendum to'the letter of operation`was submitted to staff identifying specific. tenants that have shown an intent to lease future space within the center, As per;the attached list, these uses include a dental office,'drycleaner'3ake-out pizza restaurant and'nail salon. ENVIRONMENTAL IMPACT ANALYSIS: (18) Staff has reviewed the proposal and the Initial Stutly (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and,3herefore, c recommends thaYa Negative Declaration be approved upon. a finding'by the Commission that the declaration reflects the independentjudgment of the lead agency; and that it has considered the proposed Negative Declaration together with any comments received during the public review process and further finding on the basis of he Initial.Study and`any comments received that there is no substantial evidence that the project will have a significant effect on the environment. GROWTH MANAGEMENT ELEMENT ANALYSIS: (19) ` The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determihed that this'project does not fit within the scope necessary to require a Growth Management Element analysis„therefore, no analysis has been performed. EVALUATION:'. (20) ` Commercial retail centers (three or more tenant spaces) are permitted: in the CL (SC) Zone subjectto the approval of a conditionaluse permit. Roof-mounted equipment within commercial zones in the Scenic Corridor is also subject to'approval ofa conditional use permit. (21) Staff was initially concerned with the layout and design of the proposed commercial retail centeq;specificaily pertaining to the appearance of the building's rear (north) elevation and` the lack`of loading'and delivery space within the parking area. The applicant has been working with staffdn order to address the concerns that affect many commercial retail centers.i The applicant has modified the north elevation of Building B in order to improvethe view from Weir Canyon Road. The elevations include articulated rear doors, pop outs to simulate columns adjacent to each entrance and apop-ouf on the top portion of the building, Page'6 Staff Report to the Planning: Commission April 19, 2004 Item No: 5' similar to those on the'other elevations. The site plan demonstrates that there is sufficient on-site parking to accommodate all of the existing and'proposed uses. Further, the applicant has included a large loading space to accommodate delivery trucks and has ;placed it in a convenient location adjacentto the sidewalk leading to the rear of all tenant spaces and'away from. Weir Canyon Road. (22) The submitted roof plan described in paragraph no. 14 indicates that the proposed tower elements, including flat roofsatiove all equipment would block views of the'equipment from 'the surrounding streets and properties. No;equipmenfwould be located outside of the towers, with the exception of four A/C units'on Building A, which would be concealed`by a built-up roof and stucco walls to match the building. (23) Waiver (a) pertains to .permitted commercial center identification'in the Scehic Corridor. Code permits one illuminated identificatiomsign displaying only the name of the commercial center and/or one major tenant name or logo on or aspart of a 36-inch high decorative-type wall for each street frontage for a'total of three signs. The petitioner proposes to replace the two existing monument signs, which were approved as part of Variance No 4112. The proposed signs would' be replaced in the same locations, but would have a height that exceeds that which was approved as part of the previous variance. While the proposed signs would be slightly`higherthan signage currently existing and: permitted by Code, he ign area would meet Code requirements of a maximum of 26 square feefand the proposed 'sign text would also meet Code requirements by including only the name of the center and 'one tenant. Because'the sign area and text conforms to Code requirements and the 'previously-approved variance, and since the new signage would be consistent with the design of the proposed buildings;: staff is supportive of this waiver. (24) Waiver (b) pertains to the minimum setback requirement adjacent to a scenic expressway. The proposed building would be setback 76 feet from Weir Canyon Road, which is j tlesignated as a Scenic Expressway on the Circulation Element of the General Plan. Code requires a minimum building setback of 100 feet with'a minimum 14-foot wide landscaped setback, including a minimum 3-foot high landscaped berm. The proposed building setback of 76 feet would be consistent with the existing carvvash tunnel on the nortftem portion of the property and does provide the Code-required landscape setback. The remainder of the setback area would consist of parking areas. The site is constrained by having frontages on hree streets, and easements that traverse`the site making building placement difficult. Therefore,`staff is supportive of this waiver.` (25) Waiver (c) pertains to required improvement of the setback area adjacent to Monte Vista Road:. Code requires that the setbacks shall be either fully landscaped or may be used as ; part of an automobileparking area, provided that a minimum 14-foot wide'screen planting area and tRree foot high landscape berm shall be maintained adjacent to any right-of-way tine. The property currently includes an ingress-only driveway adjacent to Monte Vista t2oad, with landscaping betweenthe driveway and parking area: An approximate 100 foot long stretch adjacent to the driveway would be reduced to 2 to 5 feet of landscaping `; between the driveway: and parking area. The existing site improvements including the deceleration lane, were constructed in connection with the carwash. This waiver is necessary ih order toprovide the Code required number of parking spaces and pertains to ah area in which the driveway is existing. FINDINGS: (26) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modificatioh may be granted for the purpose of assuring that no property, because ofspecia(oircumstances applicable to it, shall be deprived of privileges commonly ehjoyed tiybther properties in the same vicinity and'zone. The sole purpose of any code Page 7 Staff Report to the Planning Commission April,19,2004 Item Np. 5 waiveris to prevent discrimination and'none shallbe approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore; before any: code waiveris granted by the Planning Commission, it shallbe shown: (a) That there are special circumstances applicable to the property such as size, shape; ;topography, location or surroundings, which do not apply to other identically zoned properties'in the vicinity; and (b) That strict application of the Zoning Code deprives the property. of privileges enjoyed by other properties under identical zoning. classification in the: vicinity. (27); Before the Commission grants any conditional use permit, if must make a finding of fact that the evidence presented shows that all pf the following conditions existi (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; or that said use is not listed therein as being a 'permitted' use; (b) That the proposed use will not adversely affect the adjoining land uses and the i growth and development of the'area in which it is proposed to be located;` (c) That the size and shape of the site for the'proposed use is adequate to allow the full> `development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety,',and general welfare;: (d) That the traffic generated by the'proposed'use will not impose an undue burden upon 'the streetsand highways designed and improved to carry the traffic in thearea; ands (e) That the granting of the conditional use permit undeFthe conditions imposed, if any, will not be detrimental to the peace, health; safety and general welfare of the citizens of the Citybf Anaheim. RECOMMENDATION: (28) Staff recommends hat, unless additional or contrary information is received during the meeting; and based upon the evidence'submitted to the Cpmmission,'jncluding a evidence presented in thisstaff report3 and oral and written'evidence presented at the public hearing; the Commission: approve this request y adopting he attached resolution including the findings and cbnditions contained therein. Page'8 [DRAFT] RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NOS. PC90-95 AND PC96-87 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 3262 (8245 AND 8295 EAST MONTE VISTA ROAD) WHEREAS, on April 23, 1990, the Anaheim City Planning Commission did, by its Resolution No. PC90-95 grant Conditional Use Permit No. 3262 to permit a commercial retail center and car-wash facility with gasoline sales, with waiver of minimum setback adjacent to a scenic expressway and minimum setback adjacent to a secondary arterial highway; and WHEREAS, on August 19, 1996, the Anaheim City Planning Commission did, by its Resolution No. PC96-87 amend Conditional Use Permit No. 3262 by adding conditions pertaining to the service station sign for the carwash facility; and WHEREAS, the petitioner has requested to amend said Conditional Use Permit No. 3262 to construct a four (4) unit commercial retail center and two-story medical office building including roof-mounted equipment in conjunction with an existing, previously-approved carwash with waiver of permitted commercial center identification in the Scenic Corridor Overlay Zone, minimum setback adjacent to a scenic expressway and required improvement of setback; and WHEREAS, on February 11, 1991, the Anaheim City Planning Commission did, by its Resolution No. PC91-20 grant Variance No. 4112 to permit waiver of number and type of freestanding signs to construct four freestanding signs including one service station sign; and WHEREAS, this property is currently developed with a carwash facility and two vacant parcels, the underlying zoning is CL (SC) (Commercial., Limited (Scenic Corridor)); the Anaheim General Plan designates this property for General Commercial land uses; and the property is situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 OF PARCEL MAP NO. 92-184, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP FILED IN BOOK 292, PAGES 26 TO 28 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 19, 2004, Planning Commission meeting; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is property one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.44.050.132 and 18.84.062.032 to construct a four (4) unit commercial retail center and two-story medical office building including roof-mounted equipment in conjunction with an existing, previously-approved carwash with waiver of the following: (a) SECTION NO. 18.05.091.010 Permitted Commercial Center Identification in the Scenic Corridor Overlav Zone (one 3-foot high 26 square foot CR\PC2004-0 -1- PC2004- (TRACKING NO. single-faced sign permitted per street frontage; two 5.25 foot high, 21 square foot monument signs proposed) (b) SECTION NO. 18.84.062.011 Minimum setback adjacent to a scenic expressway 100 feet required; 76 feet proposed). (c) SECTION NO, 18.84.062.011 Required improvement of setback area (14-foot landscape setback with 3-foot high berm required; 2- tto 14-foot landscape setback with 3-foot high hedge proposed) 2. That the proposed monument signage is replacing existing monument signage approved under Variance No. 4112; and said new signage would be slightly higher but substantially consistent with the design of the previous approval and the sign area and text would conform to Code requirements. 3. That the proposed setback is consistent with the setback for the existing carwash to the north and that the site is constrained by having three street frontages and easements that traverse the property. 4. That the improvements within the setback area along Monte Vista were constructed in conjunction with the canvash and only minor modifications are proposed thereto. 5. That the use is properly one for which a conditional use,permit is authorized by the Zoning Code in the CL (SC) Zone. 6. That the proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 7. That the size and shape of the site for the proposed use, is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 8. That the traffic generated by the proposed use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That the modification of Conditional Use Permit No. 3262 under the conditions imposed, would not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 10. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to amend Conditional Use Permit No. 3262 to construct a four (4) unit commercial retail center and atwo-story medical office building, including roof-mounted equipment, in conjunction with apreviously-approved carwash with waivers of: (a) permitted commercial identification in the Scenic Corridor Overlay zone, (b) minimum setback adjacent to a scenic expressway and (c) required improvement of the setback area adjacent to Monte Vista Road on 1.74 acres; and does hereby approve the Negative Declaration upon finding that the Declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend, in its entirety, the conditions contained in Resolution Nos. PC90-95 AND PC96-87 to read as follows: -2- PC2004- 1. That the applicant shall furnish a copy of the recorded reciprocal parking and access agreement between the three separate parcels to the Zoning Division. Further, if no such agreement exists, an unsubordinated restricted covenant providing reciprocal access and parking, approved by the Ciry '' Traffic and Transportation Manager and Zoning Division and in a form satisfactory to the City Attorney, shall be recorded with the Office of the Orange County Recorder. A copy of the recorded covenant shall then be submitted to the Zoning Division. 2. That final sign plans for both monument and wall signage shall be submitted to the Zoning Division for review and approval. Location of monument signage shall be consistent with signage shown on Revision No. 1 of Exhibit No. 1, and wall signage shall be consistent with Code-requirements at the time the plans are submitted. Any decision made by the Zoning Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. 3. That final precise elevation plans shall be submitted to the Zoning Division for review and approval. Said plans shall indicate the specific colors and materials of the proposed buildings. Any decision by the Zoning Division may be appealed to the Planning Commission as a Reports and Recommendations item. 4. That the number of tenant spaces for the retail building shall be limited to four (4). Said information shall be specifically shown on plans submitted for building permits. 5. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 6. That the hours of operation for the carwash facility shall be limited to 7 a.m. through 10 p.m. daily, as originally approved. 7. That no video, electronic or other amusement devices shall be permitted on the premises. 8. That all public phones shall be located inside the buildings. 9. That all trash generated from this commercial center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. 10. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. The property owner shall make every attempt to retain the mature trees currently existing on the property. 11. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 12. That any signs shall only be illuminated during hours of operation. 13. That no outdoor vending machines shall be permitted on the property. 14. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 15. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials: said information shall be specifically shown on the plans submitted for building permits. 16. That there shall be no outdoor storage or display of products whatsoever permitted on the premises. -3- PC2004- 17. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence, "' 18. That all new requests for new water services or fire lines, as well as any modification, relocation, or abandonments of existing water services and fire lines shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 19. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from .all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside 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. 20. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code No. 5349 regarding water conservation. Said information shall be specifically shown on plans submitted for building permits. 21. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide 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 Rate, Rules, and Regulations. 22. That trash storage areas shalt be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from .adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 23. That a plan sheet for solid waste storage and collection and a-plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 24. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said tum-around area shall be specifically shown on plans submitted for building permits. 25. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standard Plan .Nos. 436 and 4601/602 pertaining to parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 26. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses. 27. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. -4- PC2004- 28. That the legal owner of subject property shall provide the City of Anaheim a public utilities easement along/across primary cable underground and around the pad-mounted transformers. 29. That any required relocation of City electrical facilities shall be at the property owner's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. 30. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on-site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division for review and approval prior to approval of the grading plan. 31. That the property owner shall be required to implement appropriate non-structural and structural Best Management Practices (BMPs) to the satisfaction of the Public Works Department, Development Services Division. 32. That any proposed exterior lighting shall'be decorative and down-lighted with a maximum height of twelve (12) feet. Said lighting fixtures shall be directed away from nearby residential property lines and shown on the plans submitted for building permits. 33. That all roof-mounted equipment shall be limited to that shown on exhibits, shall be properly maintained and shall comply with Code Section 18.84.062.032. Said information shall be specifically shown on plans submitted for building permits. 34. That the driveway entrances shall be constructed with enhanced paving materials. Said information shall be specifically shown on plans submitted for building permits. 35. That if the canvash discontinues sale of gasoline, the sign advertising gasoline prices along Weir Canyon Road shall be removed and replaced with landscaping. 36. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, Revision No. 1 and Exhibit Nos. 2 through 11, and as conditioned herein. 37. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 14, 15, 18, 19, 20, 21, 22, 23, 24, 25, 27, 28, 29, 30, 32, 33 and 34 above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Gode. 36. That prior to final building and zoning inspections, Condition No. 36, above-mentioned, shall be complied with. 39. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. _5_ PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, ,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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004- ATTACHMENT - ITEM N0. 5 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ g • (~!m• ~ ~ • O~ p lA .. ~.. ..~.....~~..~I PERTAINING TO: waiver). M Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission tp arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumst ce that apply to the property in matters such as size, shape, topography, location or surroundings? _ Yes _ If your answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply t ~ property different from other properties in the vicinity which aze in the same zone as your property? _Yes o If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the prope a nve it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes No If your answer if "yes," describe the special circumstances: 4. Were the special circ sty nces created by causes beyond the control of the property owner (or previous property owners)? _Yes No EXPLAIN: CV~~ i>sa.~U ~ `'L ~1 I QOM ~" ~ / ~~ The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect ofgranting a special privilege not shared by other property in the same vicinity and zone which is of ot~xpressly authorized by zone regulations governing subjecs property. Use variances are not permitted. ~ (I~~n4 Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. 3762SDECEMBER 12, 2000 Justification Waiver. dot CUP N0.20oa -0 4 8 3 s ATTACHMENT -ITEM N0. 5 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRPPED~F~~OR~PyARKING WAVER) REQUEST FOR WAIVER OF CODE SECTION: ~O' ~'T • W~ 2' a~~ (A seppar~ate statement is required for each Code waiver) PERTAINING TO: 8~'P(~~ D*FTyEt~.Its'A Qn I(~~'` ~s~-~~GIa GCG~l '~D '~- Sections 18.03.040.030 and 18.12.060 of he~Anahei Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other properly under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? g Yes _ No. If your answer is "Yes," describe the special circumstances: i1it~Rt t S 1 C c 5 ~ i 13.? c t1 R EC,~ a . f ~ r WEiQ Cr''tNyu7.: j.~i.AD ~4~1NZ P~xs FILL PV.CLES` D'c.ArJT+i>.iL: ~~cP~i kA5 CG~"tMCAI?tz,0 "TO R@D'w ~-L- ScT 1351[k R] 2~' 'FC2 t3Fi7t2 LI H~KCZM7 ~Y I.:J1TH F~I~TiNU Ci?Rw~9iH~.FOR ~dl lt~ VlSiSru ~'y . 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? _ Yes ~ No If your answer is "yes," describe how the property is different: Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes No If your answer if "yes," describe the special circumstances: ~i G 1 1'.ii tZ:~L n ~ i"L> C A{L W A-Q /,.0/1.:7EJ~ /L- VA ~Ir")-~ ~-!_ 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in [he same vicinity and zone w 'his not oth ise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ,wUnm 2 i f ~~' y Signature of Pr perty Owner or Authorized Agent Date DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. CUP N0.2ooa - 0 4 s 3 a ATTACHMENT -ITEM N0. 5 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRt~ED F11OR PARKING I'WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ D•~`~ ~~`T • ,, ~ ,_ ,(p, separate statement is required for each Code waiver) PERTAINING TO: Sections 18.03.040.030 and ] 8.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topo,aphy, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumst e~that apply to the property in matters such as size, shape, topography, location or surroundings?_ Yes No. If your answer is "Yes," describe the special circumstances: 2. Are the special circumstances that ap ly to the property different from other properties in the vicinity which are in the same zone as your property? ~_ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ~'es No If your answer if "yes," describe the special circumstances: 4. Were the spe circumstances created by causes beyond the conVOl of the property owner (or previous property owners)? Ye _ No EXPLAIN: I ~= 7Y~FU~lrvw i l ~. ~-f-hl~'l'~~~'e-~' rtS.~+Cc,+Cn~' ,-~lu-Ic~e_ t vl -tom c~c c~~F-- 'fr~lL_. ed~ v~C~w~~. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not ise expres~ authorized by zone regulations governing sub'ect roperry. Use variances are not permitted. Signature of operty wnei=sr~¢t~tzed Agent D to 37625tDECEMBER l2, 2000 Justification Waiver. dot CONDITIONAL USE PERMITNARIANCE NO. CUP P10. 204 - . tl $ ~: ~ ATTACHMENT - I~);M N0. 5 A RESOLlJf1ON OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAItd COND1T1ONS OF APPROVAL OF RESOLUTION NO. PCB-~ ADOPTED IN CONNECTION 1MTH CONDfTiONAL USE PERMfT NO. 3262 WHEREAS, prt Apr9 23, 1990, the Planning C adopa~ ReadtRbrt ido. PC~-95 approving Cordhkxxsl Use Pennh No. 3262 to permh a 17,890 sq.fL, 12-tudi, COtnmercdal reteE cerrter and a car wash tetchy; and that Commisson approved subsequent Itme e~denslons fw cortvr>er>r~rnent d the ttse and the Iasi extension expired on Apri 23, t996. WHEREAS, Cordhbn No. 23 d saki Resdutbn No. PC90-a5 requires tf~ property owr1~ to submh a comprehensive sign program for approval by the Planning C~nmisabn; and [hat on December 15, 1995, Cornmisskm approved a sign program for sub)ocx cornrnercial pro)ed kdt~ktg two shopping center klentiflcatkxl signs and Orie on-sho diredbnal sign, but that np BdlOr1 was taken «datlve to wall signage due to the ktcompleteness d tt?r wall sign trdormatl~ aubrnhled at that tkne. WHEREAS, sub)ed property, conslsiing d three comm~ctal parcda. Is psrtialFy developed whh a service statbn and carwash tachrty in the Scenic Corrkla 2orea Oveday. WHEREAS, the pethbner has sulxnhted plans proposing waivers d the following to t:rx'struct a 32 sq.ft. heestanding gasdina price sign In con)unCibn whh ttm previarsly approved reta8 cerrter and service statkm/car wash IacAhy. (a) Sedlons 18.05 091.010 - Permhted sinns in the CL,jsC1 zone. and 18.84.062.040 (Monument-style 'shooolna center kierttifkatbn" signs ordy pormhted; seMce statbn txka Sion proposed) (b) Sedbns 18.05.91.010 Number d oernlhted commercfR: tghlo center signs. and 18.04.062.040 (Maximum 2 scans permitted: t1 s arts pry) (c) Sedkxts 18.05.093.O~d1 - Mlnlmum distance belv+een fteestandkw alone and 1B 84:C62.Q40 (300 leer requfr~. 1~ fee4 propped) {d) Sedkxts 18.05.093.0223 - PermMed Socatbn d heestardkw scans. and 18,84.062.040 Q¢~ required txaween sign and north property Ifne; 50 lee4 proposed) WHEREAS. the Cth/ Planning Commission elk; held a puWk t>~r~q at the Ctvlc Center ht the Chy d Anaheim wt Augus7 t9, tom, at t;30 p.m., rwike d saki pt~d hearing havktg been duty gHen as required by law and in a~ordance whh the provfslons d the Anahekn Mures Code, Chapter 18.03, to near and cortakier evMence for and against saki proposed errwndrr and to ~tvestl~te and make flndktga and recornrnerdatkxts In crxr.^acttort therewhh; and WHEREAS, Bald Comrrilsslon, after due kispectlar, hfvestlgatkm erd study made by ttseH and kn @s behalf, and after dire consberatbn d aD evklence and reports diem at gad hearing, does find and drrtermine the fdlwMg tads: ,. Treat the previously approved car-wash with gasdtrta sales r~ulres a pricing sign which was r1d t.ded ~ ilia prevously approved sign program; CR271BD6A.WP •1- Pt~.g7 r.~ 2. That the proposed sign Es compatible wkh the two prevl~fy-ttpQroved ahoPping center klentlticatkxt signs and Bald sign Is also consistent with three other service stnticn signs In [he sunourding area; 3. That there fs a special circumstance appllcaWe to the property, consisilnp of ks size, which does not apply to other klernlcally zoned propertlea 6n the viclnky bacatme aakl"property Ia signfflcarnfy smaller than other CL (SC) zoned properties in the viclrtky and, [herelore, the ske fa testrlctlve In terms d potential sign locatbn; 4. That atrtct applicatbrt of the Zoning Code deprhres the property ~ prfvfleges enjoyed by other properties under klentlrat zoning dassiticatbn M the viclntty; and 5. That no orte kdkated their presence at saki pvbld ftearirtg lrt opposkbrr and that no carespordence was received let opposkion to the sub(ect petk{on. CALIFORNIA ENVIRONMENTAL QUALfTY ACT FlNDING: That the Anaheim Cky Planning Commisslon has reviewed the proposal and does hereby flyd that the NogaGve Declaration prevkxtsty appravod fit cortrtectbn wkh Cordklortal Use Pernik No. 3262 b adegtterte to nerve as ttte required ertvlronmornal documerttatkxt In conrtectkxt whh this request upon flrtdktg t?tet the dedaratbn reflects the irdependertt Judge+neru d the load agertcy and ttat k has txxtskler~l rite prevbusfy approved NegatNe Declaratbn together wkh arty comrtwrns received durktp the pubtk retrlew process aril further firding on the basis o! the Irtkial sttxly and arty txxttmerxs rer~Ived that there ks rto s~ubstantla! evbence that the pro)ed w01 have a signtficarn effect on rho errvlronment NOW THEREFORE BE IT RESOLVED that the Planrting Cartmissbrt does hereby amend Resolutbit No. PCB)-~, adopted to eonneetbn with C;ocdkkxtal Use Pernik No. 3262. [Q pennk waivers d the fdlowing to construct a 32 sq. k. Iree~Rardlrtg pas+oline price sign in tbrt)urtctMxt wkh a prevbttsly approved retail corntx and servdce statiort;car wash facility (a) Sealons 1805.451.610 and 18.84.G62.ggQ (b) Sections t 8.45 1.0I li anct 18.84.052.044 (c) Sedkms 18.45.65;3.0231 ~rtd 18.84.062.040 (d) Sectons [8.05.093.0223 and 18.84.Ofi2.040 Frmthlt;9~,lQns ht the CLfSCi Zorre (MOrwn~-style 'shotx>lrte center kierttkicatfort': dons ortfy ptt.tt,tned; n elan txoposod) Numbr;~ oermkted cornntercfe! sl~noirg cerrter clans. (Maxknum 2 darts permtn~: ~„g~jg proposed) Ir rnum dfstartce bin freesta[adlna alerts. (3~1 lent requires: i60 fee4 Pied) p~rmhlgQ locatiert of heestardfna ~)gpg. Q,¢, jg~ rogtdr~ ~tweert slgrt and north Ixoporty Ilrte; ~ I~ Pry) BE fT FURTHER RESOLVED that the F'iannlnp Contm3sa3ott does hereby an~rd the txxdkkxts of approval adopted let txxxteakxt wkh Resattltkxt No. PCB, as Lows: (~ That Cordkkxt Noe 1 and 28 shale oa ntodtfled to rte: That, prbr to the removal d any trees n~essary, to catstrtuX aub{erx slept, a plan de4aBktg latch removal shag ~ a3xrtkt~ to the Zorting DMskut fw rev~w and approval. ff arty VBBS a:e removes, they shall ~ replaced elsewhere on rite property on a two to Dire l (2:1) with minimum [wertty fan ktclt (24~ box VeBS of a slmiar varl~y. -2- PCi~-87 28, mat sub)ea ProP~Y be developed substarnlalty In accordance wrth pdaw:._.rzi specfPlcatbns submitted to the City of Ar~heim by the petriloner and whd11 plane are on Pa with [he Planning Departmern marked Revlslort No. t of Exhibit Nos. 1 through 5, and 6dtlbR Noa B and 7. Q) That the fotlowing cordhbns shaA ba added 35. That prior to the removal ~ cny grad-t necessary to construct st,b}ect gasollrta price sign, a plan detaBtng such removal et ~k !,i •:;:?imttted ir, ti9 Zorilng DMslon for review and approval; II any trees are removed. they stroll be replacod w~•.here on rite property pn a one to one basis (1:1) With minimum IWe(tty hour ktcn (aa~ box L:sfr„ of a slm8ar variety. 36. Thal twb)ect sign shad oNy b® ~lunilnated during the bores of service statlort operatiat 37. That prior to .Issuance of a bu0ding permit for the new gasdine price sign ~ wkhln a .period of one (1) year from the data of this resolutkm, whkhevor occurs first. C~dhkxt Noe 1 and 35, above-msrnkxred, shall be complied wRh. Extensbns for further time to complete sad corditbrts may be grarned d accordance whh Sectbn t8.03.t~ o! the Anahekn Municipal Code. 38. That approval o! [hks appidatbn for a gasolkte price sign con&1ttAAea approval ~ the proposes request ordy to the etGerH that R corrtpfba wrn the Anaheim Mures Zoning Code arxf arty other applk;able City, State and Federal regulatbns Approval does r~ ksdude env action or fUdings as to cornptlance or apprrna! of the request re~rdtrtg arty Sher appllcaNe ordinance. regula[km or requkement 39. That pruning/Wmming ~ any on-stte trees shall be conducted try a licensed arborlst THE FOREGOING RESOLUTION was adopted at the Planning Canrtdssion meetlng of August 19, 19~. (OrL;inal tiigend ~. Robert *'esse) CHAIRWOMAN. ANAHEIM CITY PLANNING COMMISSION ATTESr: (Orininal •,inncd h•; N.,~rr,n ~'~:a Snlnrir' SECRETARY, ANAHEIM C1TY PUNNING COMMISSION STATE OF CALIFORNIA ) COUfJrY OF ORANGE ) ss. CRY OF ANAHEIM ) I, Margartta Sdorio, Secretary d the Anaheim Cky Plarvx~g Can, ~ hereby certify that tfee foregoing resdutbn was passed and adopted a< a meetkp d rh>a Anat>akrn Cry Planning Corrtmksslwt Ind on August 19, 1995, by the foOoNAng vase o9 the them: AYES: COMMISSIONERS: BOSTWICIC BOYDSTUN, BRISTOL HENNINGEfI, AAAYEA, MESSE NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: PERAZA iN WITNESS WHEREOF, I have hereunto set my hard this day d 19~. (Orininal cipneA by fla rnarita Snlnri n) SECRETAAY, ANAHEIM CITY PLANNING COMMISSION 3 PC9~r87 ATTACHMENT - ITEM N0. 5 l__. A HE60LUTION OF TH8 ANAHEIM CITY PLANNING COMMYBBION THAT PBTITION FOH CONDITIONAL USE PBHMET N0. 3aea 88 GRANTED , POiEHEAB, the Aaahaim City Planning Commisaloa d!d rmemivm a"gmsified Petition for Conditional Uam Permit for certain real propmrty mituatmd is the City of Aaahmim, County oP Oreaga, State of Califorala, dmacribmd oat PARCEL 9, AS PEH MAP FILED IN BOOS a02, PA688 41 TO 44, INCLUSIVE OF PARCEL MAPS IN TH8 OFPICB OF T88 COUNTY RECORDER OP SAID COUNTY. NHEEEAS, the City Planning Cammiaeion did hold a gublic hearing at the Civic Cantor is the City of Aaebmim on March 28, 1990 at 1130 p.®., notice of said public hearing having been duly given as rmquirad by lea sad is accordance with the provisions of the Anaheim Municipal Codm, Chapter 18.03, to hear sad coasidsr avidencm for and against said proposmd conditional usm permit and to iaveatigate and make findings sad recommendations is connection thereaith~ that said public hearing mna continued to the Aprfl 9 and April 23, 1990, Planning Commission meetings? and NHEHEAS, maid Commission, after due inapoctioa, iavmatig®tion sad study made by itself sad is its behalf, and after due Consideration of all evidence aafl reports offered at said haariag, Hose find end detorsiinm the folloainq factai '• 1. That the proposmd use is properly ono For which a conditional use permit is authorised by Anaheim Municipal Coda 6metioas 18.68'2b50.070, 18.44.050.080 anfl 18.44.050,135 to permit a coassarcial retail cantor and car-sash facility with gasoline salsa, and with aaivmr of the folloainq~ (a) SECTION 18.84.082.011 - Minimum Setback adjacent to a meanie msvrmsexav. (100 feet along Woir Ceayoa ttoad rmquirmdi 60 to 70 feet proposmd) psi (b) SECTION 18.84.082.012 - Minimum setback a scent to a omcondarv gltmrinl hie asv. (50 feet along Moatm Vista Hoed rmquirmdi 30 feet proposed) 2. Tbat the requested waivers are hereby graatm8 oa tba basis that there era special circumstances applicable to the grogmrty mach as sism, shape, topography, location and surroundings which do not apply jto other identically sonmd propmrty in the same vicinity aafl that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical seam and clasaificatioa in the vicinity. 3. That the proposed usm rill not adversely affect the adjoining lard assn and the grorth and developmeaC of the arms in which it is proposed to bm located. 1392r -1- PC90-95 8. That the sine and shape of the altm proposed for the use ir'i~uisguaew to allow the full dovelogmmat of the proposed use in s manaar net datrismatal to thm pnrticular arms nor to the peace, health, safety aafl general welfare of tbm Citiamas oP the City of Anaheim. 6. That the granting oP the Conditional Usm Permit uadar the conditions imposed, if any, will not bm detrimental to the penes, health, safety and general welfare oP the Citiaeaa oP the City of Aaahmim. B. That the traffic generated by the proposed nee sill net iapbmm ea undue burden upon the atraeta sad highways deeigamfl and improvefl to caYry the traffic is the area. 7. That ao oas indicated their presence at said public hearing in oppoaitiont and that no correspondoace was received is opposition `to the subject petition. CALIFORNIA ENVIRONMENTAL OL~A<•ITY ACT PINDIN6t That, the Aa'ehsim City Planning Commiaaion bne reviewed the proposal to reclassify subject property from the CO(SC) (Commercial Office and Profeeeioaal, Sconie Corridor Overlay) Zone to the CL(SC) (Commercial Limitefl, Sconie Corridor Overlay) loam to permit a commercial retail cantor and car-wash facility with gasoline. salsa, with waivers of minimum setback .adjacent to a scenic ezpramawrap sad minimum setback adjacent to a secondary arterial oa an irregularly-shaped garesl of lead consisting of approximately 2.25 acres located at the northwest coraar of Monte Vista Goad .sad Weir Canyon Hoed, sad '+hseiag approximate frontages of 500 foot on the north side of Monty Vista IIoad sad 220 feet oa the went aide of Weir Canyon 8oadt sad does hereby approve the addendum prepared for the project which, when included with previously certified 6I8 No. 256 and subsoqueat Addendwa, is adequate to carve ae the mnviroammatal documontatioa to support the project sad that potential impacts have bean identified and addressed and appropriate mitigation measures have bean iacorporatmd into a Mitigation Monitoring Program incladed u Attachment A, sad the Planning Coaa~issioa dons hereby approve said Mitigation Monitoring Program. 80W, TH'E88P08E, 8E IT BESOLVSD that the Anaheim Citp Planning Coa®iseion dose hereby great subject Petition for Conditional IIam Permit, upon the following conditions which era hereby found to be a aecassazp prermquiaite to the proposed use of the subject property is order to preserve //the safety sad general welfare of the Citiaena of the City of Aaahmim~ / 1~ That prior to issuance of a building permit, the legal propertp'owaar l // mhall complete either of the following: (a) 1'ecord a Parcel Map is the Office of the Orange County 8mcordprt oz -2- PC90-95 (b) 8ecord a covmnant, approvefl by then City Attornmy, eovmaaating that Gho aubjocG proporty is not currently Sa violatloa of the Subdivision Map Act ("Act")~ sad tha6 prior to any action' mhlch will constitutor a subdivision including palm of any mtrnctarm coaetructe8 oa the subject proporty, the ownmr ahmll rmcord a parcel map approved by the City of Anaheim which map coatozmm to the City's roquiramoata relative to mmtbncke, firm Codm limitationm and all other items which could haven boron raquirmd if then parcml msp had bean procasao8 at the time then structures norm constructed. 2.: That the legal property ommr shall apply to the City 8ea1 Progmrtp ~-~ Section far abandonment of vehicular accmaa rights on Monte 9ista @oad, and that the abandonment shall haven boron approved by then Ciry Council. 3. That separate firm end domestic ma tar oorvices shall bo groviddd. Then mater floc syatam anfl other orator apparatus shall bo iaatallo8 in underground vaults, to the satisfaction of the dater Baginoeriaq Division. 4. i• That prior to issuance of a buil8inq permit, then appropriath major _. thoroughfare and Dzidge fan shall be pai8 to then City of Aashmis: is as amount as specified in the Major Thoroughfare end Bridqm pee Program for the loothill/Eastern Trnnaportetioa Corridor, nor established by Citp Council resolution. - 5.J • That prior to issuance of a building permit, the apgropriatm traffic signal aaaesement fore shall be paid to the City of Aaahoim in an amount as established by City Council resolution. 6. • That prior to issuance of a DuilBinq permit, then approprlntm faro shall *~. ~ be paid to the City oP Anaheim for Santa Ana Canyon Soad widening purposes, as astablishod by City Council Soaalutioa. 7. That the msiating moat northmrly driveway on Old Spriaga Soad shall b0 rmmovo8 and rmplacod with standard curb, gnttmr, sidewalk and landscaping. B.f • That plena shall bo submitted to the City Traffic Sngiaaar for his ~:/ review sad approval ehominq conformaaco with Engineeriaq Standard plea Noa. 436, B02 sad 605 pertaining to parking standards. Subject proporty shall thormupoa bo 8evoloped and maintainmd in coaformanco with said plans. 9. That all 8rivaways shall ben constructed with fiftmoa (15) foot radian ~_- curb rmturnm ao roquirm8 by the City Sngiaooz in confoc~maaco with Hngiaomrinq Standard No. 137. -3- PC90-95 10. That plena mhall be submitted to the City Traffic Lnglaeer for h!a rmviem and apgroval ehoming acceptable provisions for the follo~ingi (a) Truck circulatloa for gasoline Salivary) (b) An area providing temporary parking egacea for drpiag of cmrp) sad (c) Tho driveway on Old Springs Eoad shall be parpondicnlar to the street. 11. a That trash storage areas shall ba provided an8 maintained ia~a location acceptable to the Street Maintaaaaco and Sanitation Diviaioa an8 in accorflance with approved plane oa file with said Diviaioa. Snch information shall be apacifically ahoxa oa the plane eubm3ttmd for building pormita. `'12.x® That fire sprinklers a`. 911 ba installed as required by th®'City Pira Dapartmaat. Unless oath building ie initially connected to separate \. Fire services, an unsubordinatad covenant shall be recorde8 prohibiting nay eels of buildings until aaparate fire aervicoe are installed. 13. o That prior to commeacemaat o` tructural framing, fire hydrant®' shall be installed and charged as required an8 approved by the Citp Firo Department. Aa all-weather roa8 as approved by the Fire Dagartmsnt shall be provided to the hydrant at all times. •~ lA. ® That subject property shall be served by uaflergrouafl utilities. ~lS.j• That drainage of subject proporty shall be provide8 in a meaner --~ satisfactory to the City Engineer.. In addition, the methofl for accommodating all meats velar produce8 by subject car mash shall be designed for on-site disposal 16. That in the event a parcel map to subdivide subject property is racordefl on subject proporty, an unaubordinated reciprocal accmms sad parking agreement in a form satisfactory to the City Attorney mhall be recorded math the office of khs Orange County Recorder. A copy of th® rscorde8 agreement shall then bm aubmitt®d to the Zoaiag Diviaioa. Ia addition, groviaions shall be made to guarantee that the mntire subject temples shall be managed sad maintained ae.ono (1) integral pascal for purposes of parking, circulation, aigaago, land uses sad architectural control. Satisfactory groof of said provisions shall be submitted to Fhs Zoaiaq Division.. 17. That there shall be ao on- or off-premise sale of bass, miss or other alcoholic beverages of any kind oa the premimss, unless a conditional use permit is first approved authoriaiag such use. -~- ~pC90-95 18. That all plumbing or other aimilmr pipma and fisturaa locata8 oa the estorlor oC thm building shall be Cully scrmoaofl by architectural devices end/or appropriate building matorialal sad, Lurth®z, much information shall be specifically shorn oa the plena submitted for buildiaq garmlte. 19. Shat ao outdoor storage sha11 bm permitted on mubjeet groporty. ~ 20. ® That any roof-mounted mqulpmmat shall be subject to the provisdoas of Section 18..84.962.032. Such information shall bm apocificmlly 'mhorn oa the pleas submitted for buildiaq permits. 21. :hat thm proposal shall comply rit6 all signing rmquirmmoatm df the CL (SC) "Commercial, Limited - Scmaic Corridor Ovmrlap" Zonm, naless s variance allorinq sign raivora im approved by the City Council, Planning Commission or Zoning Administrator. aa. ® That animas a variance in applied fo: aa8 granted, lighting of slgaagm fox subject property shall be prohibited bmtroea thm hours af'midaight and Bt30 e.m. as specified by Zoainq Codo Section 18.05.091.052.'- 23.,% That plena for a comprehmnaivo alga program shall be submitted to the Zoainq Division to be scheduled for 8oport and Secommondation r®vior sad approval by thm Planning Commiseioa. ~24. ® That in conformance rSth Zoning Coda 6octioa 18.84.082.020 "Landecapiaq", landacapm piano submitted to thm Planning Department shall ahoy that is addition to the requirmd metback, the parking nrmea and vehicular accesaraya shall bo leadacapmd rith at leant on®•^(1) tree par thrmm thousand (3,000) square foot of parking arcs and/or vohicnlar acceaaray evenly distributed throughout the parking area. Thorn :hall be as average of forty eight (48) square foot of plantar aroa provided por tree. Said planter areas shall have miaim~ dimensions of sis (B) foot. 25. ® That the oa-site landscaping sad irrigation eye tam shall bm maintained in compliance rith City standards. ' C6.;p That this Conditional Qae Permit ie greatmd subject to the adoption of a /~ ~ : soalaq ordinancm in connection rich Soclaasificatioa HIo. 89-90-46, nor ps~diaq. 27. That a doceloratioa lane on Monts 91ata 6troet, is a ridth arifl length . daterminod by the Citp 8ngineer, mhall bo dedicated to the' City of Anaheim. 2B. That subject property shall bo dovalogmd subatantiallp is accordance rich plena and spocificationa submitted to the City of Aaahaim by the petitioner and mhich plane arc oa fil• rith the planning Department marked Seviaioa Ho. 1 of Sahibit Roa. 1 through 5. _g_ PC90-95 (29.~i That prior to Sssusacm of a building permit, the appropriate Sate12ltm '~-~ Police Stmtion Emma shall be paid to the Citp of Anaheim is as aasonat aa' estmbliehad by City CouneSl 8esolutSoa. 30. That sap groposefl pnrkiaq arms lighting fizturmm visible to map' roaidmatSal property shall bra darn-1lghteB rich a maa'ian® height of trmlve (12) feat. BaSd lighting fizturma shell bra flirected seep fross nearby reaSdmatial property linos to protract the residential intagritp oP the area. Said fizturma shall bra shorn oa the glans mnbmittefl for: Duildinq permits. 31. That prior to issuance of t building permit of rithia a period of onei (1) your from the data of this resolution, rhichmver` occurs first,' Condition Hoa. 1, 2, 4, 5, 6, A through 12, 15, 18, 20, 23, 24, 26', 29'i' sad 30, above-mentioned, shall bra complied rith. Hzemasioaa for faithmr time ti complete said conflitiona map bra granted in mccordaace rith 6octioa 18.03.090 oP the Anaheim Municipal Codm. ' 32. That prior to final building and easing inspactioaa, Condition Hos. 3, 7, 11, I2, 14 and 28, shove-mentioned, mhall ba complied rich. 33. That the flavmloper shall bra held rmaponsible Por c~glpiag rich' the< future monitoring and reporting program established by the Citp in` compliance rith Bectioa 21081.6 of the public Hesonrcme 'Codm.';: Furthermore, the developer shall bra rmaponaiblm for map direct comta''. easociated rich tbm monitoring and reporting roquirmd to eamnre`': implementation of those mitigation measures idantifimd in the odd®ads®.`ii to Environmental impact Report Ho. 25B that have been iacorpormtmd as conditions of approval for subject project. 36. ® That npproval of this applicntion constitutem npproval of the proposed'- request only to the aztmnt that it compliaa rith the Anaheim Mu:acigml' Zoniaq Coda sad any other applicable City, State and Federal' rmqulmtioas. Approval dome not include sap action or findings a8 to compliance or approval of the request regarding sap other applicable ordinance, regulation or requirement. Conditions marked rith aa' aatmriak (®) arm required by established lars, codmm, .ragnlmtione rand;' agreementm sad are not subject Co aogotimtioa. li Ht IT F08THSH BESOLBSD that the Aaahaim Citp pleasing Cosamissioa doom '' herobp find and determine that adoption of this Smsolntion is eaprmmelp'; grmdicated upon applicant's compliance rich each and ail of the aouditioas herminabove set forth. Should sap each conditions, or sap part thereof, bo' dmclarad invalid or naaaforcmable by the final judgment of sap court of ':. competent jurisdiction, then this Hesolutioa, sad say mpprovals herein' contained, ahmli bra daemmd null sad void. -B- pC90-96 THE FOBEOOINO SESOLOTION nsa efloptsfl st the Plsaaiaq Cissioa s~mtinq oP April 33, 1990. R)rtvinal slaved by I Doris -+erb~ C8AI8MAN, ANAHEIM CITY PLANNING COMMYSSION ATTESTt (Original slgned by Edith L Narrts) S8C88TA8Y, AAAHBIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COONTY OF ORANGE ) ss. CITY OF AAA88IM ) I, Eflith L. Harris, 6mcrmtary of thm Aashmim Citp Plsaaiaq Cmm>eimmloa, flo bmrmbp cmrtify that thm formgoinq rmsolution rms gassm8 sa8 adoptsfl at a tsmmtiaq of thm Aaehmim City Pltwniaq Commission hmlfl oa April 23, 1990, by thm follominq vatm of thm mmmbmre thmreoft AYE3t COMMISSIONEBSt BOYDSTQN, BODAS, FBLOSAIIS, HSBHST, MC B08NEY, MESSS NOESs COMMISSIONEBSt NONS ASSENTt COMMISSIONSBSt BELLYEB IN MITNESS 6rHE8E0F, I have hmrmuato amt my head this dap of 1990. (Original signed by Edith t_ HarrTs7 6EC88TA8Y, ANAHEIM CITY PLANNING COaIDIISSION _~_ PC90-95 yO Y ry ~~ W O O m N M O Y m ., a u N u Y 0 Y a M L m u M m b M u m w s M ~O d m .Py Y i . d +p1 L C Y ®Mp h u° a U a L q L q +i M ~ gg 5 yy ~° w . 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WUr U EP ' 1D Vf~ftt-7-OW St VVAft B90 O DRIVE IN OAIRV U 731' WESTPORT DRIVE P ~ EPCH ;UJ ~1D Q CL ~ VAR 4396 RM-1200 RM-1200 PD-C RS Z~GH ~ SHOPS B DU ~ 8 & 4 DU 8DU yQ ®~~1D P gZREE~ q3 SPN'(P PN RCL 0S66d01 a $ j flCL 61-9210 uo~ N~ CUP B30 '4 °Qyy np ~ ANA AUTOI Umm°np.~ 41~ r9 DP1iWp5H W9E 0TUNE ¢U~f ~ 1- a N f/] m 2002-0 RCCUP 28014 RS-7200 N ~ °o -1 Np Np ~ VPR~93 CUP 2260 7 DU ~ np rp = np np CUR 953 m ~ N CUP 174 ~' ~ ^ ~ ~'- ~ `- SMALL ~ TOWN DR ~ ~ o uouoa c3~ o~ N= a PI- PRLES .: cnGH ` STORE J >j yp Fyg-120 ~ LL ¢ Conditional Use Permit No. 4097 Subject Property TRACKING NO. CUP2004-04841 Date: April 19, 2004 Scale: 1" = 200' Requested By: JOEL SALTZBURG Q.S. No. 113 REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON DECEMBER 2, 2002 TO .EXPIRE DECEMBER 31, 2003) TO RETAIN AN EXISTING AUTOMOBILE REPAIR FACILITY. 420 South State College Boulevard - C 8 M Automotive). tzeo TRACT NO. 3288 o ® ~ RM-1200 ~ _ PD-C 56-57-1 55-56-27 7&8DU 1~ hip ~rti E e &+ ~ .. ~'~ 5 ~~~ 1 ~ ~ ~ ± ~ S~& "~~v~~: ~`x~" y-'` "~~ F~'rc'~ ~~ FA '1`x'1~3(n0`tifx`. ~~t F-#, t l F ~~ ~~ ~~ ,~xf~,~. ~ ~ sue„ ~a~': °i r r -~'SS , ~,"1 l € ~ ~ X -~ ~~.2~ 6-e z~.. ~2 e.+"~r ~ f ' ~ -~ ~ ~ „yr~a t iii ~ ~ 3 .,.~a. , J.z~ , ~. iT~ Nn_ ~ Staff Report to the Planning Commission April 19, 2004 Item No:7 7a. CEQA NEGATIVEbECLARATION (PREVIOUSLY-APPROVED) (Motion) 7b. < CONDITIONAL USE PERMIT NOr 4097 (Resolution) '; (TRACKING NO: CUP 2004-04841) SITE LOCATION AND DESCRIPTION: - (1) This rectangularly-shaped, 0.4-acre property is located at the northeast corner of Westport `brive and State College Boulevard, having;frontages of 110 feet on the east side of State iCollege Boulevard and 131 feeton the north side of Westport Drive (420 South State College Boulevard - C & M Automotive). REQUEST: (2) The petitioner requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining o a time limitation (approved on December 2, 2002;' o expire on December 31, 2003) to retain arrautomotive repair facility under authority of 'Code Section 18.03.093. BACKGROUND: (3) Thls property is developed with a farmer service station converted tc an automotive repair facility. Gasoline sales have been discontinued for several years, and the tanks, canopy and dispensers have'been removed. The'property is'zoned CL (Commercial, Limited) and the Anaheim General Plan Lahd Use Element Map designates he site for Medium Density Residentialland uses: Surrounding General Plan designations include General Commercial to the north, soutft (across Westport Drive) and west (across`State College Boulevard),: and Medium Density Residential to the east. (4) Conditional Use Permit No. 4097 (to permit and retain an automotive repair facility within an 'existing 1;056 square-foot service station'structure) was approved by the :City Council on 'March 23,'1999, to expire on December 21, 2001, following approval by the Planning 'Commission on February 1, 1999. The permit was reinstated by the Planning Commission on November 19, 2001, and on becember2, 2002, to expire December 31, 2003. Resolutibn No. PC2002-176 adopted in conjunction with Conditional Use Permit No: 4097, contains the followirtg condition'of approval: "1. That this conditional use permit shall expire on December 31, 2003:' j Sr3067ey.doc Page 1 Staff Report to the : Planning. Commission April 19; 2004 Item No.' 7 ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the request for reinstatement of this permit and finds no significant adverse'environmental impacts'resulting from this Yequest. Therefore, staff recommends that the previously-approved Negative Declaration in connectioh with Conditional Use Permit Nod 4097 serve as the;required environmental documentation fonthis reinstatement - request upon a finding by the Commission that the Negative Declaration reflects the independerttjudgment of the ead agency and thank has considered the Negative beclaration together with any comments~eceived during the public review process'and further finding on the basis of the Initial Study (a copy of which`is available for review in the Planning bepartment) and any comments received that there is no substantial evidence that the project wilt fiave a significant effect on the environment: FINDINGS: (11) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that alf of the folldwing conditions exist: (a) That the proposed use is properly one for which a conditional use permit Is `authorized by he Zoning Code, d[jhat said'use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and the growth and developmeht of the area in which it is proposed to be located; (c) That the size and shape of the site for the proposed use is adequate to allow the full developmenfof the proposed use in a manner not detrimental to the particular area nbr to the peace, health; safety, and general welfare; {d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and'improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed; if any, wily~ot be detrimental to the peace., health,: safety and general welfare of the. citizens of the City of Anaheim. (12) Subsection 18.03.093.040 of the Zoning Code requires that before the Commission grants reinstatement of the approval by extension of any time limitations for an additional period or periods of time, or such time limitation is deleted o[ modified, fie applicant must present evidence tp establish the following findings; (a) The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in Chapter 18.03 exist; (b) Said permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body; (c) Said permit is being exercised in a manner not detrimental to the particular area and surrounding land uses; nor to the public peace, health and safety and general welfare; and Page 3 Staff Report to the Planning Commission April `19, 2004 Item No. 7 (d) With regard only to any deletion of a time limitation,'such deletion is necessary to permit reasonable dperation under the permit as granted. RECOMMENDATION: (13)', Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission; including he evidence presented in this staff report;.. and oral and written'evidence'presented at the public hearing, the Commission approve this reinstatemenk (to retain: an automotive repair, facility) for a period of three (3) years to expire Oecembec3l, 2006; by adopting the attached resolution including the findings and cdnditions'contained tfierein: Page 4 [DRAFT] RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4097 FOR THREE (3) YEARS TO EXPIRE ON DECEMBER 31, 2006, AND AMENDING THE CONDITIONS OF APPROVAL IN THEIR ENTIRETY (420 SOUTH STATE COLLEGE BOULEVARD - C & M AUTOMOTIVE) WHEREAS, on .March 23, 1999, the Anaheim City Council did, by its Resolution No. 99R- 61,approve Conditional Use Permit No. 4097 to reinstate an automotive repair facility within an existing 1,056 sq. ft. service station structure at 420 South State College Boulevard; and that Condition No. 24 of said resolution specifies that the use permit is granted for one year to expire on December 31, 2001; and WHEREAS, on November 19, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-166, reinstate and approve Conditional Use Permit No. 4097 to permit the automotive repair facility within an existing service station structure for one year to expire on December 31, 2002; and WHEREAS, on December 2, 2002, the Anaheim City Planning Commission did, by its Resolution No. PC2002-176, furtherreinstate and approve Conditional Use Permit No. 4097 to permit the automotive repair facility within an existing service station structure for an additional period of time to expire on December 31, 2003; and WHEREAS, this property is developed with a service station converted to an automotive repair facility (C & M Automotive); that gasoline sales have been discontinued for several years and the tanks canopy and dispensers have been removed; that the property is zoned CL (Commercial, Limited); and that the General Plan Land Use designation is Medium Density Residential; .and is situated in the City of Anaheim, County of Orange, State of California, described as: THE NORTHEAST CORNER OF PLACENTIA AVENUE AND WESTPORT DRIVE, 135 FEET ON PLACENTIA AVENUE AND 155 FEET ON WESTPORT, LOT 1 OF TRACT 3288, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. WHEREAS, the petitioner by letter dated February 11, 2004, has requested reinstatement of this conditional use permit which will expire on December 31, 2003,-to retain the automotive repair facility under authority of Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18:03., to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code in the CL (Commercial, Limited) zone. 2. That the use, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. Cr/PC2004-.doc -1- PC2004- (TRACKING NO. PC2004-04841) 3. That the size and shape of the site for the use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission; and that the Code Enforcement Division has inspected the premises and determined that the automotive repair facility is in compliance with all applicable conditions of approval. 7. That this conditional use permit is being exercised in a manner nat detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and that there are no Code Enforcement complaints regarding this property. 8. That indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reinstate this conditional use permit to retain an automotive repair facility on this property; and does hereby find that the Negative Declaration previously approved in connection with this Conditional Use Permit No. 4097 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate and approve Conditional Use Permit No. 4097 for a period of three (3) years until December 31, 2006; and BE IT FURTHER RESOLVED that that the conditions of approval in Resolution No. PC2002-176, adopted in connection with Conditional Use Permit No. 4097, are hereby amended in their entirety to read as follows: 1. That this conditional use permit shall expire on December 31, 2006. 2. That the six (6) foot high masonry block wall shall be maintained along the east property line. Minimum one (1) gallon sized, clinging vines shall be maintained on maximum five (5) foot centers adjacent to said wall to eliminate graffiti opportunities. Said vines shall be properly irrigated and maintained. 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 4. That a minimum of six (6), twenty four (24) inch box sized, trees shall be maintained in the landscaping planter areas along and immediately adjacent to State College Boulevard and Westport Drive. -2- PC2004- 5. That all landscaped planters along the east, south and west property lines shall be maintained in compliance with City standards. 6. That public telephones are permitted and shall be maintained either inside the building or if outside, within fifteen (15) feet of the entry to the building. 7. That no vending machines shall be permitted outside the building. 8. That no window signage shall be permitted 9. That no propane tanks shall be permitted. 10. That no banners or other temporary advertising shall be displayed; and that no special event permits shall be issued for this automotive repair business. 11. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shall be subject to review and approval by the Planning Commission as a'Reports and Recommendations' item. 12. That the property shall be maintained in conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations, as approved by the City Traffic and Transportation Manager. 13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 14. That the trash storage area 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. Said storage area(s) shall be located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be maintained with the Public Works Department, Streets and Sanitation Division. 16. That an on-site trash truck turn-around area in accordance with Engineering Standard Detail No. 610 shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 17. That no outdoor storage shall be permitted on this property. 18. That no overnight storage of inoperable vehicles, other than vehicles enclosed inside the building, shall be permitted on this property. 19. That the outdoor storage of, display of, or work on vehicles or vehicle parts or materials shall be prohibited. 20. That lighting for this facility shall be maintained in a manner so as not to unreasonably illuminate or cause glare onto adjacent or nearby streets andlor properties. 21. That no freestanding sign shall be permitted. 22. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. -3- PC2004- 23. That the subject facility shall be subject to quarterly inspections by the Code Enforcement Division. The cost of such inspection shall be borne by the operator of the facility. 24. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is .subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions - General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, , 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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I.have hereunto set my hand this day of 2004. SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- ATTACHMENT - ITEM N0. 7 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: March 5, 2004 TO: Elaine Yambao, Assistant Planner ('kv'J FROM: Chris Martel, Code Enforcement Officer SUBJECT: 420 S. State College Blvd. On February 26,2004, I conducted an inspection as per your request of the property located at 420 S. State College Blvd. Currently, all conditions listed in the resolution are being met. Since December of 1999, Code Enforcement staff has not received any complaints at the property, and has been conducting monthly inspections with no violations noted. If you have any questions, please feel free to contact me at ext. 4476 4?Ostatecollegeblvd.doe ATTACFLMENT -ITEM N0. 7 PETITIONER'S STATEMENT JUSTIFICATION FOR REINSTATEIViENT • Section 18.03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a time limitation can be reinstated for an additional period of time, or before such time limitation may 6e deleted or modified by the Planning Commission or Zoning Administrator, the following must be shown: The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.03.030 (Relative to Conditional Use Permits) Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following exist: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not listed herein as being a permitted use; .032 That the proposed use will not adversely affect [he adjoining land uses and the growth and development of the area fn which it is proposed to be located; .033 That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the Cfty of Anaheim; 18.03.040 (Relative to Variances) Before any vadance may be granted by the Planning Commission it shall be shown: .031 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially fn the same manner and in conformance with all conditions and stipulations originally approved by the approval body; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and With regard only to any deletion of a time limitation, such deletion is-necessary to permit reasonable operation under the permit or variance as granted. • In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional space is needed. (over) CASE NO. CUP N0. - 4 0 ° ~ Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? ^ YES ~ NO ATTACHMENT -ITEM N0. 7 RESOLUTION NO. PC2002-176 - -- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4097 FOR ONE (1) YEAR TO EXPIRE ON DECEMBER 31, 2003, AND AMENDING THE CONDITIONS OF APPROVAL IN THEIR ENTIRETY WHEREAS, on March 23, 1999, the Anaheim City Council did, by its Resolution No. 99R- 61,approve Conditional Use Permit No. 4097 to reinstate an automotive repair facility within an existing 1,056 sq.ft. service station structure at 420 South State College Boulevard; and that Condition No. 24 of said resolution specifics that the use permit is granted for one year to expire on December 31, 2001; and WHEREAS, on November 19, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-166, reinstate and approve Conditional Use Permit No. 4097 to permit the automotive repair facility within an existing service station structure for one year to expire on December 31, 2002; and WHEREAS, this property is developed with a service station converted to an automotive repair facility (C & M Automotive); that gasoline sales have been discontinued for several years and the tanks canopy and dispensers have been removed; that the property is zoned CL (Commercial, Limited); and that the General Plan Land Use designation is Medium Density Residential; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit which will expire on December 31, 2002, to retain the automotive repair facility under authority of Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the Gity of Anaheim on December 2, 2002, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence an_d reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code in the CL (Commercial, Limited) zone. 2. That the use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site for the us, as amended, is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. CR5510DM.doc -1- PC2002-176 6. That this conditional use permit is being exercised in substantially the same mannecand in conformance with all conditions and stipulations originally approved by the Planning Commission; and that the Code Enforcement Division has inspected the premises and determined that the automotive repair facility is in compliance with all applicable conditions of approval 7. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and that there are no Code Enforcement complaints regarding this property. 8. That this use permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved by the approval body. 9. That this use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health and safety, and general welfare. 10. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reinstate this conditional use permit to retain an automotive repair facility on property consisting of arectangularly-shaped 0.4-acre property located at the northeast corner of Westport Drive and State College Boulevard, having frontages of 131 feet on the north side of Westport Drive and 110 feet on the east side of State College Boulevard, and further described as 420 South State College Boulevard (C & M Automotive); and does hereby find that the Negative Declaration previously approved in connection with this Conditional Use Permit No. 4097 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby reinstate and approve Conditional Use Permit No. 4097 for a period of one year until December 31, 2003; and BE IT FURTHER RESOLVED that that the conditions of approval in Resolution No. PC2001-166, adopted in connection with Conditional Use Permit No. 4097, are hereby amended in their entirety to read as follows: 1. That this conditional use permit shall expire on December 31, 2003. 2. That a six (6) foot high masonry block wall shall be maintained along the east property line. A minimum five (5), one (1) gallon sized, clinging vines shall be maintained on maximum five (5) foot centers adjacent to said wall to eliminate graffiti opportunities. Said vines shall be properly irrigated and maintained. 3. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 4. That a minimum of six (6), twenty four (24) inch box sized, trees shall be maintained in the landscaping planter areas along and immediately adjacent to State College Boulevard and Westport Drive. 5. That all landscaped planters along the east, south and west property lines shall be maintained in compliance with city standards. -2- PC2002-178 6. That public telephones are permitted and shall be maintained eitherinside the building or within fifteen (15) feet of the entry to the building. 7. That no vending machines shall be permitted. 8. That no window signage shall be permitted 9. That no propane tanks shall be permitted. 10. That no banners or other temporary advertising shall be displayed; and that no special event permits shall be issued for this automotive repair business. 11. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shall be subject to review and approval by the Planning Commission as a'Reports and Recommendations' item. 12. That the property shall be maintained in conformance with the current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations, as approved by the City Traffic and Transportation Manager. 13. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 14. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be located and screened so as not to be readily identifiable to adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. 15. That a plan sheet for solid waste storage and collection and a plan for recycling shall be maintained with the Public Works Department, Streets and Sanitation Division. 16. That an on-site trash truck turn-around area in accordance with Engineering Standard Detail No. 610 shall be maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 17. That no outdoor storage shall be permitted on this property. 18. That no overnight storage of inoperable vehicles, other than vehicles enclosed inside the building, shall be permitted on this property. 19. That the outdoor storage of, display of, or work on vehicles or vehicle parts or materials shall be prohibited. 20. That lighting for this facility shall be maintained in a manner so as not to unreasonably illuminate or cause glare onto adjacent or nearby streets and/or properties. 21. That no freestanding sign shall be permitted. 22. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. -3- PC2002-176 23. That the subject facility shall be subject to quarterly inspections by the Code Enforcement Division. The cost of such inspection shall be borne by the operator of the facility. -- 24. That within a period of two (2) months from the date of this resolution, Condition No. 11, ,above- mentioned, shall be complied with. 25. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 2, 2002. fOri~J' al~si4nP~dD.~Pau18os-wi k CHAIRPERSON, ANAHEIM CITY PLANNING ~ ,MMI ATTEST: (Original signed by Eleanor Morris) 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 December 2, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002. (Original signed by Eleanor Morris) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2002-176 ITEM N0. 8 PARK AVENUE ~a RS-10,000 I , , 1 DU EACH RS-10E'p,GH 1DU ~~ m N G~. ~. ° 1 p So \.\\1 O f ~L 3 8 65 y Gy m° N1 VPR 2725 R VP RDU OE.pO,CH m ~ ~ OAn o v S o N7 ~ gN i ~y ~ o ~ m o yL ~ O o z ~1 p m y VAR 4061 y 1 RS U UGH RDON P~ D f2$-10 OOOf u:, ~ 2 10 000 1901 PR RS-10,000 CH „ - V~1 DU 460 `~ FtvPR34gT Fy,GH V 1 DU EA ~ _ .pc, 1 DU Variance No. 2004-04602 y CONNECTICUT AVE 1UU C/+v ~ N ` ~\`®\ _Y WESTMONT DRIVE p10NEE%~ Subject Property ~- v :Date: April 19, 2004 Scale: 1" = 200' Q.S. No. 62 Requested By: FRANK NUNEZ REQUESTS WAIVERS OF: (A) MAXIMUM FENCE HEIGHT (B) MINIMUM FRONT YARD SETBACK (C) MINIMUM SIDE YARD SETBACK TO EXPAND AN EXISTING SINGLE-FAMILY DWELLING AND TO :PERMIT AND RETAIN AN EXISTING FENCE. 623 North West Street 1261(20043-14) :Staff Report to the Planning Commissibn Aprill9 2004 Item No: 8 8a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 8b. VARIANCE NO> 2004-04602 ` (Resolution):` SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped, 0.32-acre property has a frontage of 85 feet on the west side of West Street, a maximum deptftbf 166 feefand is located 227 feet north of the centerline of Westmont Drive (623 North West Street). REQUEST: (2) The petitioner requests waiver of the following, to expand an existing single-family , residenceand to permit and retain a 5.3 foot high combination block wall end wrought iron ':fence and gate: (a) SECTION NO. 18.04.043.101Ya1 Maximum fence heioht (3 feet high permitted within the required' front yard`setback; 5_3 feet high existing) (b) SECTION NO. 18.25.063.010 Minimum front vartl setback (41 feet required; ? 34 feet proposed)'> (c) SECTION NO. 18.25.063.020 Minimum side yard setback (8_5 feet required; 6_5 feet'proposed);` BACKGROUND: (3) This property is currently developed with asingle-family residence and is zoned RS-10,000 1(Residential, Single Family). The Anaheim General Plan LantlUse Element Map designates this property and surrounding properties for Low Density Residential land uses. DEVELOPMENT PROPOSAL: (4) The site plan (Exhibif No. 1) indicates an existing 1,814 square foot single-family residence 'consisting of three bedrooms, eliving room, sitting room, launtlry room, kitchen and nook with a detached 2-car garage.' The floor plan (Exhibit Nos. 2 and 3) indicates a 1,858 ;.square fpot addition'cbnsisting'of afamily room, second floor master bedroom, nook and >2-car garage. The proposed front yard setback for the new addition is 34,feet. Code roquirese setback of 25% of the depth of the lot (4t feet) in the RS-10,000 zone. The proposed side yard setback for the new addition is 6.5 feet. Code requires a setback of 10% of tfie'. width'of the lot, nb less than5 feet and hot greater than 10 feet and therefore :'would require 8.5 feet. (5) Submittedphotographs (ExhibitNo. 6) and the site plan indicate the existing fence is `'constructed of a combination doncreteblbck and wrought iron with pilasters and rolling driveway gate with a maximum height of 5i3 feet located on the front property line.`Code r permits a maximum 3-foot higft fence within the 34 foot deep front yard setback. sr8725gk Page 1 Staff Report to the Planning Commission April 19; 2004 `Item No: 8 (9) Staff inspections identified other similar front yard fences in the neighborhood. City records indicate only one approved variance pertaining to maximum fence heighYat 901 North West Street. Although there are other existing residences within this neighborhood with 5 to 6-foot high fronf yard fences; these fences were constructed prior to the adoption of a qew fencing ordinance in 19991imiting the heighf of fences to a maximum of 3 feet within the requiretl front yard setback: (10) She intent of the Code requirement pertaining to front yard fence height is to create a more 'visual front yard appeal and to prevent visibility obstructions for pedestrians and vehicles in the neighborhood. The site plan indicates the property is developed withasingle-family :home with'ample space for leisure and recreation in the rear yard. (11) Commission may wish to note that Variance No. 2003-04594 was approved by the Zoning Administrator on February 19,2004. This'variance permitted a 6-foot hlgh block wall and wrought iron fence located ten feet from the front property line at 901 North West Sheet. Because the subject property does not have an applicable hardship due to shape, size, or :topography, staff recommends'denial of the waiver fora 5.3-foot high combination concrete ..block and wrought iron fence at the front property line. (12) Waiver (b) pertains to the minimum front yard setback requirements. Code requires a minimum front yard setback of 25% of the depth of the lot. The subject lot has a maximum depth of 166 feet; therefore, the minimum front yard'setback requirementis 41 feet:: The proposed'nonook addition is setback 34 feet from the front properly line. The petitioner has ''submitted"the attached statement of justification indicating thaCthe surrounding properites 'have smaller setbacks than what is required by current Code standards and that the: proposed addition would not function architecturally without approval of the waives (13) Waiver (c) pertains to the minimum side yard setback requirements. Code requires that 'the side yard on each side of the lot shall be not less than 10% of the width of the lot; provided, however; that no sideyard shall be less than 5 feet and need not exceed>10 feet in width. The width of the property is 85 feet, resulting in a side yard setback of 8_Sfeet. The proposed garage and family room additions are`setback 6:5 feet from the side property line. The'petitioner has submitted the attached statement of justification indicating at the other properties in the neighborhood have more room from the'house to the side property fines. ,~ Page 3 Staff Report to the c Planning,Commisson April 19, 2004 Item No: 8 FINDINGS: (15) When practical difficulties or unnecessary hardships result from strict enforcement bf the Zoning Code, a motlification`may be granted for the'purpose of assuring. that no property, tiecause of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed byother properties in the same vicinity and zone. The sole purpose of any 'variance or code waiver is to prevent discrimination ahd none shall be approved which would have the effectbf granting a speciai privilege'ndt shared'by othersimilar properties. Therefore; before any variance is granted 6y the Planning Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do hot apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property bf privileges: enjoyed by other properties under identical zoning classification in the vicinity. RECOMMENDATION: (16) Staff recommends that unless additional or contrary informationis received during the ' meeting, and based: upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented`at the :'public hearing that the Planning Commission approve, the petitioner's request, in part, by denying waiver (a) pertaining to`maximum fence height and approving waiver (b) pertaining td minimum front yard setback and (c) pertaining to minimum side yard setback by , adopting fie attached resolution including the findings and conditions contained therein: Page 5 [DRAFT] RESOLUTION NO. PC2004--** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04602 BE GRANTED, IN PART (623 NORTH WEST STREET) WHEREAS, the Anaheim Ciry Planning Commission did receive a verified Petitidn for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THE NORTHERLY 85 FEET OF THE SOUTHERLY 284.52 FEET OF THE EASTERLY 166.47 FEET OF LOT 15 OF ANAHEIM HOMESTEAD TRACT, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 26, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF LOS ANGELES COUNTY. SAID NORTHERLY 85 FEET OF THE NORTHERLY 284.52 FEET BEING MEASURED ALONG THE EASTERLY LINE OF SAID LOT 15 AND THE EASTERLY 166.47 FEET BEING MEASURED ALONG THE NORTHERLY LINE OF SAID LOT 15. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; .and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes waivers of the following to expand an existing single-family dwelling and to permit and retain a 5.3-foot high combination concrete block and wrought iron fence and gate in the front yard in the RS-10,000 (Residential, Single-Family) zone: (a) SECTION NO. 18.04.043.101(a) Maximum fence height l3 feet high permitted within the required front yard setback; 5_3 feet high existing). (b) SECTION NO. 18.25.063.010 Minimum front vard setback 41 feet required; 34 feet proposed). (c) SECTION NO. 18.25.063.020 Minimum side vard setback CS-S feet required; 6_5 feet proposed) 2. That the above-mentioned waiver (a), maximum fence height, is hereby denied on the basis that there are no special circumstances applicable to the property which do not apply to other properties under the identical zoning classification in the vicinity and that strict application of the zoning code does not deprive the property of privileges enjoyed by other properties under the identical zoning classification in the vicinity. 3. That the above-mentioned waivers (b) and (c), minimum front yard setback and minimum side yard setback, are hereby granted on the basis that there are special circumstances applicable to the property consisting of its irregular depth which does not apply to most identically zoned properties in the vicinity; and that strict application of the Zoning Code would deprive the property of privileges enjoyed by most other properties in the identical zone and classification in the vicinity as other structural setback waivers have been granted for properties north and east (across West Street) of the subject property. CR\PC2004-0 -1- PC2004- 4. That approval of waivers (b) and (c) is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. _ . . 5. That approval of waivers (b) and (c) will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That ********* indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 3, as defined in the State CEQA Guidelines and is, therefore, categorically exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby approve, in part, subject Petition for Variance on the basis of the aforementioned findings. 1. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3, 4, 5 and 6 and as cpnditioned herein. 2. That within one (1) year from the date of this resolution or prior to issuance of a building permit, whichever occurs first, Condition No. 1,above-mentioned shall be complied with. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "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. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, ,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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of .2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2004- ATTACHMENT - ITEM N0. 8 SECTION 4 PETITIONER'S STATEMENT OF IUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~8 - o CA ~ (A separate statement is required for each Code waiver) PERTAINING TO: f/-'9.~T 7~iaQ-n f~,.,~e ~ ,2aGLi.cxj ~~~ ~ f/~i~f/z- ov~/i 3 ~ Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a vaziance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? / Yes _ No. If your answer is "Yes," describe the special circumstances: 5/.G.eoci,,.~/.~G P,o.o,oEn_Ti~"5 y~de SiMiL/~1-2 F.e,oa•r y.4n-~ Fe.rccs ~G~kYf_5 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? _ Yes ~!No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? / Yes No If your answer if "yes," describe the special circumstances: Sdd;P-~//b~.~~~F.s~-G~-T~L~S f~r4a~4° S~i~i c.¢!~ f/~>w: ~A~a.7 ice' S ~6~?Z~S 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? r Yes 'pie front yazd fence and gate existed when the property was purchased by Mr. Nunez. EXPLAIN He was not informed that no permit for it was on file. The new owners (Mr. & Mrs. Nunez) are at work all day, leaving the property unattended. The fence and gate where considered as a good security measure, especially since there Is a swimming pool on the property. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone whi 'not ise expressl orized by zone regulations governing su ject p operty. Use variances are not permitted. afore of roe r Authorized A ent Da e P rtY g CONDITIONAL USE PERMTTMARIANCE NO. DECEMBER ]2, 2000 VAR gyp. 2004 - 0 4 6 0 2 ATTACHMENT - ITEM N0. 8 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAVER (NOT REQUIRED FOR PARKING WAVER) REQUEST FOR WAVER OF CODE SECTION: / S - Z+~ 0 6 3 • ~ / O (A separate statement is required for each Code waiver) PERTAININGTO: z-O ~~ ,~'EBycT/oN of Fj_~D,J~- yi42~, SST ,~f3cK ,~'F©[jQ2t~ Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist; and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. If your answer is "Yes," describe the special circumstances: S~/o-~~v~a~rr~ f~iloPEi3.r/r s 1/„=v~° ! e s5 Ser' ~s,~ /,~ T-~.c ,rizo~: r T<,<.~ ~ 5 Qeyu/.:eo /3 y ~/YS-Cn~7- coDc 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? _ Yes /No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ~ Yes No If your answer if "yes," describe the special circumstances: rvE Fir is~i.~5' ifo/G c ~ Ne~~~ho,as fEo vScs f1,4/>: 5',v,sF/«7t F.s.oN: SET6itck:S 7'/ G,y i 5 Now /~~~w/A-e.~ /3',' P,~'eSt'v ~ GnaE TNF M o5ca ,~r,oa., ADD/T1D!> a/iLL NoT zoty c.oAR.ecTL; w>TH ovT si• yo`~'E ,2¢DVC~/or ;•" T<sC F.~rorr S~'T ,SAcK - 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? _Yes /'No EXPLAIN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone which i othe expressly au zed by zone regulations governing subject pro erty. Use variances are not permitted. Si e of Pro erty Own orized Agent ate DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. VAR .NQ. 2004 - 0 4 b 0 2 ATTACHMENT - ITEM N0. 8 SECTION 4 PETITIONER'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WANER) REQUEST FOR WAIVER OF CODE SECTION: I S , 2 5 . D !o '7 , o Z o (A separate statement is required for each Code waiver) PERTAINING TO: Z a % ,P>r~GT?~~ ~F SiDr y/Af~-D SFT $A~c/c ,~~~ur/-~.~+P.uT Sections 18.03.U40.030 and ] 8.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? /Yes _ No. If your answer is "Yes," describe the special circumstances: Ovi/~E~.6 P/s'nPL/c Sr~irai~~ ,4- Nev.: Z Git2 LzyAAp ~ ~ ~.4,.n1Ly /4vo.~+ /-1/YR ~G~tO T~ Th/ E //o/6c - /J Lc~RL n2crcZv GaARRge L/i~L NvY }'/T /N T~CZ SPt4Ge w7~T ;l SiG~y/i~A Logo lc,E1~yGTJLT 2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the same zone as your property? /Yes _ No If your answer is "yes," describe haw the property is different ci ;e%t JaO;a P-n~l~es ff,4vG .~+oo~G ROO/yJ .<,a„~~ /Z,P 614s'<,~ To T'CSP i'i Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes No If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? /Yes ' No EXPLAIN T/~i5 /` ~~ f1 S- /moo'/LT ~f7vPT1oN The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone whit f pthe ise expressly autho ' by zone regulations governing subject property. Use vaziances are not permitted. ~ - v afore of Property Own ~ zed Agent ate DECEMBER 12, 2000 CONDITIONAL USE PERMITNARIANCE NO. VAR ~1p, 2ooa - o ~ b ~ 2 CL ~ RCL 92-93-03 e ~ RCL 82-83-21 FAR ........ CUP 2004-04642 c P zooo~ azoi9 .. Cq\ o ~ ~r~ ` N p~ CUP 3472 ~ , r O~O` ` RAJ ` ~ CAR WASH PAP 2~' ' ` '(P SPA ~~ ~ 1 ` ~ ~~ 0 w 0 JQ~~S 5~P~ ` G y ~ ` G CL RCL 92-93-03 RCL 82-83-21 ` i i CUP 3919 CUP 3757 55 \ ~ ~ CUP 3556 CUP 3472 ~ y t `~ / / ~t'' v DEALER QP~`N 9y\ 2 ~ G' CL RCL 97 98 3 m o ~'` p A ~ Q~' V - - RCL 82-83-21 ~\~ CL G J RCL 89-90-22 ~~ SP 'l CUP 3962 CUP 3757 ~~ RCL 82-83-21 CUP 3990 i 9.L CUP 3472 AUTO ~ ~ Q a`N CUP 3757 ~ ~ DEALER QP \ CUP 3550 P p~ VAR 2003-04585 F n ~ P \ T-CUP 2001-04418 VAR 3744 VAR 4251 ( j~ O Q T-CUP 2001-04323 CUP 4100 O~' CUP 3757 ADJ 2003-00248 \ R 0 SGW 2003-00024 VAR 3744 CUP 3757 PCN 99.05 \ HOME DEPOT SERVICE STATION CL RS-A-43,000 RCL 82.83-21 CUP 3757 CUP 4108 SOUTHERN CALIFORNIA CUP 3757 EDISON SUBSTATION VAR 3744 PUBLIC STpRAGE ALL PROPERTIES ARE IN THE (SC) SCENIC CORRIDOR OVERLAY ZONE AND RIVER VALLEY REDEVELOP MENT PROJECT Conditional Use Permit No. 2004-04842 Subject Properly Date: April 19, 2004 Scale: 1" = 200' Requested By: STEVEN DUNBAR Q.S. No. 212 REQUEST TO CONSTRUCT A VETERINARY HOSPITAL AND ANIMAL BOARDING FACILITY WITH ROOF-MOUNTED EQUIPMENT WITH WAIVERS OF: (A) MAXIMUM FENCE HEIGHT (B) PERMITTED COMMERCIAL IDENTIFICATION IN THE SCENIC CORRIDOR OVERLAY ZONE (C) MAXIMUM NUMBER OF WALL SIGNS (D) REQUIRED STRUCTURAL SETBACK ADJACENT TO AN ARTERIAL HIGHWAY (E) REQUIRED IMPROVEMENT OF SETBACK AREAS 8290 East Crystal Drive -East Hills Regional Animal Hospital 1262 ITEM N0. 9 Staff Report to the Planning,Commissioh April 19, 2004 Item No: 9 9a. CEQA NEGATIVE DECLARATION (Motion) 9b. WAIVER OF CODE REQUIREMENT ' (Motion) 9c, 'CONDITIONAL USE PERMIT NO. 2004-04842 (Resolution) SITE LOCATION AND DESCRIPTION: > (1 } ?his irregularly-shapetl 1.04-acre property is located' at the northwest corner of Weir sCanyon Road and Savi Ranch' Parkway, having frontages of.157 feet on the south side of Crystal Drive, 350 feet on the west side of Weir Canyon Road, and 55 feet on the north aide of Savi Ranch Parkway .(8290 East CrystatDrive}. REQUEST: (2) The petitioner requests approval of a contlitional use permit under authority of Code:' Sections 18.44.050:050 and 18'.84.062.032 to construct a veterinary hospital and animal `boarding facility with roof-mounted equipment with waivers of the following; (a) SECTION NO. 18.04.043.101(a) Maximum fence heioht (3-foot high permitted within the required front yard setback; 7-foot hioh proposed) (b) SECTION NO. 18.05.091.010 Permitted commercial identification' in the Scenic Corcitlor Overlav Zone (one 26 square-foot single-faced;sign permitted perstreet frontage; one 21 square-foot double-faced monument sign proposed) i "(c) SECTION NOr 18.05.091'.020 Maximum number of wall signs (1 permitted; 5 proposed) (d) SECTION NO. 18:84.062.012 Reouired structural setback adjacent to an arterial hlohwav (DELETED) (e) SECTION NO. 18:84.062.014 Reouired improvement of setback areas. 20 feet fully,landscaped required; 6-19 feetproposed) BACKGROUND: (3) This property is developed with a vacant carwash facility including an auto service (oil and lube), has been zoned CL (SC};(Commercial, Limited -Scenic Corridor Overlay) since ';April 6, 1993, and is within the River Valley Redevelopment Project Area.': The Anaheim General Plan Land Use Element Map designates this property for GeneraLCommercial 'land uses.' Properties to the northwest and southeast are also designated for General Commercial land uses. Properties to the northeast and southeast (across Weir Canyon ;'Road) are located within the City of Yorba Linda). Sr5091jr Page 1 Staff Report to the Planning Commission April°19, 2004 Item No. 9 PREVIOUSZONING ACTIONS: (4) The following zoning actions pertain to this property: a) Conditional Use Permit No. 2000-04201 (to expand an existing car wash facility including an auto service (oil and tube) with waivers of!e) permitted freestanding sigh, _ b) maximum number of wall signs, and c) required structural setback adjacent to an arterial highway) was approved, ih part (denying the tower logo),. by the Commission on May 8, 2000:' The Commission granted oneiretroactive extension of time to comply ,' with conditions of approval on June 18, 2001. The auto service and tube was never constructed.': b) Conditional Use Permit No. 375X(to permit the Savi Ranch retail community wayfinding sign program) was approved by tite Commission in April, 1995. c) Variance No.`4239 (waiver of maximum number of wall signs to construct 4 wall signs' in conjunction with a previously approved car wash facility) was,epproved by the Commission on December 13,:.1993, d) Conditional Use Permit No. 3556 (to permit a service station/car wash facility with waiver of minimum structural settiack, required landscaped setback and permitted rdof- mounted equipment) was approved by the Commission on October 1992. 'The car wash facility was constructed with: no service'station componentsper final plans as reviewed and approved',by the Commission on April 19 1993. e) Conditional Use Permif No. 3472 (to permit 4 off-site traffic circulation signs) was approved by the Commission on November,'1991, to expire in two years do November 18 1993. 'PROPOSAL:: (5) Petitioner proposes to construct a 15,663 square foot building to house a new state-of-the- art veterinary hospital and animal boarding facility. The existing carwash and'cenopy would be demolished to make room for the new building, ; '""yi„-,,r~,J4-~-~~ ~ ~+sr~,azre?'-v~~,~~,.r~..~-~-: s> ~; rhe,~"$ '~-s', fir-:. r .,:,t ~.=~ mr } ~~'- ~''' -:.^'~ fir" ~ ~,~"~ as'`g . g r 'Hj„ ~ ~ 2 ~. t F a ~ w ,'a.: ,~,-.,~., ~; r ~ ~ i r r ~'" rt r: s "3s ~' Page 2 ` Staff Report to the s Planning Commiss(on April 19; 2004 item No: 9 View of the property from Savi Ranch Parkway (6) .The landscape/site plan (Exhibit No. 1) for the proposed projecfindicates he following `characteristics: =Direction ~~ ~ _ Proposed ,;,~ Code-requved ~, Pr'oposed ~.; 'Code-ret~ired- "`BuildinglStructurah ,Building h ~~ Landscaped r `~ ;",Landscaped ~. Setbaclc*°"~ :~- ~ s Setback-„ ~'~ " , .,Areas ~ ~ .Areas Northwest !Varies from 13 feet' 20 feet Varies from 12 14- to 20-foot (adjacent to ' (to trash enclosure) ' feet to 17 feet wide Crystai'Ddve) to 76 feet landscaped area re `wired Northeast Varies from 44 feet' i 50 feet Variesfrom l9 14- to 20-foot (adjacent to '(to trash enclosure)r' feetto'S2 feet wide Weir Canyon to 127 feet landscaped Road ' areare wired Southwest Varies from 6 feet to None ?Variesfrdm 4 feet. None (adjacent to 10'feet to 12 feet auto dealer Southeast 'Varies from 20 feet `20 feet "Varies from 6 feet 14- to 20-foot (adjacent to to 124 feet to 28 feet wide Savi Ranch landscaped Parkway) area re wired **As measured from ultimate;;right-of-way. (7) The landscape/site plan (6thibit No. 1) indicates a new two-story, 15,663 square foot veterinary hospital building located on the southwesterly portion'of the property. There would be two animal play (exercise) yards along the `south and east property lines adjacent to Savi Ranch Parkway and Wejr Canyon: Road, and'one customer waiting patio area adjacent to Savi Ranch Parkway. The site plan shows a decorative pavement treatment at 'the entrance of the parking area; the location of an existing trash enclosure adjacent to the northeasterly properly, line, and several combination block walls with wrought iron fencing (maximum'of seven (7) feet in height) proposed around the exercise yards and waiting area for securing the animals during their outdoor activity. A total of five; (5) decorative light standards at a height of iwelve,(12) feet would be installed within the parking area of the proposed animal hospital as well. The site:. plan further indicates an existing concrete retaining wall along the southeastern portion of theproperty, which would be extended to ~i accommodate a pedestrian pathway between the two proposed exercise areas. (8) A 32-foot wide driveway from Crystal Drive would provide vehicular access to the property. Plans indicate 36 on-site parking spaces. Code does not specify a minimum numtiet of required parking spaces for veterinary hospitals. The submitted parking study indicates a demand of 30 spaces at peak use. The petitioner has provideda total of 36 on-siteparking spaces as indicated in the parking study and as recommended; by the City Traffic and 'Transportation Manager. i i (9) The floorplans (Exhibit Nos. 2 and 3) for the proposed building'indicate that the first floor would contain a lobby and reception area,grooming room, restrooms, seven (7) exam rooms, and a surgical treatment area with crab and pack and radiology areas. The first floor would also contain an isolation and necropsy area, two (2)' animal wards, food :preparation and janitorial rooms,:. storage area and pharmacy. The second floor would contain a tloctor's office, nighfattendant room, conference room, restrooms, break room, Page 3 Staff,Report to the Planning Commission April 19, 2004 Item No. 9 and laundry areal The second floor would also house kennel boarding facilities for up to< forty-six (46) animals, a cattery, ten; (10) luxury animal suites, and an exterior deck. (10) Elevation plans and colored materialsfrendering (Exhibit Nos, 4, 5 and 6) indicate a new "progressive craftsman"style building 34 feet 3 inches high (code permits a maximum building height of 35 feet). ;Two (2) tower elements would be located+at the north and south portions of the building, incorporatinglthe use of raised seam metal roofing elements (Durateck 5000 and Zincalume- Rustique). The roof and'parapet screen (at heights of 16 feet, 6 inches and 27 feet,'4 inches) would have'a decorative cornice treatmenEalong the' entire length of the roof line on every`elevation. `:Each elevation would incorporate the use' of complementary stucco coloring (Dunn Edwartls -Chaparral, Adobe, Meadowood, and Rosewood) alternating on both horizontal and vertical lines to give the building depth and articulation. Each elevation would contain stainless steel: glazed windows (Viracon -Pale i Green Reflective Glass). The north, `east, and west elevations would incorporate the use `' of architectural columns with a slate stone base (Dal-Tile -Indian Red), a decorative cornice treatment, and vertical accent tiles (Dal-Tile -Indian Red). The north and east elevations would also include the userof decorative accent tiles symmetricallyplaced at the joints of stucco scoring acrd within the scored stucco siding. The east elevation`would contain the primary entrance into the. facility, and the south`and westelevations'would contain secondary entrance/exit doorways. The'west and outh elevations would contain`: painted wire mesh screening (Dunn Edwards -Meadowood) to protect the glass from animal'activity. (11) The landscape/site plan (Exhibit No. 1) indicates. proposed'setback landscaping adjacent` to Weir Canyon Road and Savi Ranch Parkwayvarying from 6 to 52 feet in width and consisting of fifteen (15) existing Aleppo Pine, London Plane, and White Ironbark trees, , which would be protected in place. Tftree (3) 24-inch box Chinese Pistache antl seven (7) 15-gallon Gold Medallion trees would'be installed in this landscaped area as well as associated shrubbery and groundcovec. The proposed setback landscaping along Crystal Drive varies from 12-17 feet in width and contains three (3) existing trees (Aleppo Pine, London Plane, and White Ironbark trees) and associated shrubs and groundcovec. An existing trash enclosure with mature landscaping is also located within this landscaped setback area. The setback landscaping along the southwest property line varies from 4 feet to 12 feet in width and would contain one (1) 36-inch box Southern Magnolia, five (5) 24- inch box Little Gem Magnolias, and associated shrubbery and groundcovec. Parking lot : landscaping includes nine"(9) landscape fingers, a masonry planter, penmetecparking lot` landscaping, and tree wells adjacenfto the building containing fourteen (14) 24=inch box Queen Palms, six (6) Pigmy Date Palms, three'(3) 24-inch box Chinese Pistacfie trees, and three (3) 24=inch box Little Gem Magnolia trees. Each of the planters contains shrubbery and groundcovec. Code requires a minimum bfbne (1) tree per every twenty (20) feet of street frontage to be planted in the landscape area adjacent to the. street frontage (18 trees on Weir Canyon Road, 3 trees on Savi .Ranch Parkway, and 8 trees on Crystal Drive), as well as at least one (1) tree per three thousand (3,000) square feet of parking area and/or vehicular accessways distributed throughout the parking area (15,388/ 3000 square feet= 6 trees): A planter area of forty-eight (48) square feet per tree is required, with a'minimum planter dimension of five (5) feet'separating every ten parking spaces. (12) The landscape/site plan and elevation plans (Exhibit Nos.9, 4, and 5) indicate five (5) wall signs to be located on the building, and the refurbishment of an existing 21-square-foot, six (6) feet, three {3) inch high; double-faced monument sign within the existing planter area along'Crystal Drive. The sign copy and design would match the materials of the proposed Page 4 Staff Report to the Planning Commission April 19; 2004 Item No: 9 building. The sign would also contain an animal paw logo at the top of the sign. The five (5) wall signs would have the following characteristics: ~"~>~. 38:5 s.f. wall sin ~ ca East Elevation ' Qrr1u0 ~~~ .~ ~~ East Hills Re Tonal Animal Hos ital 9.5's.f. wall sin East Elevation Pet Resorts:'. 38.5 s.f. wall sin North Elevation ! East Hills Re Tonal Animal Hos ital 39 s.f. wali'si h South Elevation 24 Hour Emer enc Care Service 9.5 s.f, wall sin South Elevation Pet Resorts:' The wall signs would'consist of 12-14-inch high internally-illuminated blue ohannel lettering. The percentage of building face area covered by the wall signsfanges from 1.5%-2:8%. No wall signs wouldba located on the west elevationbf the building. Code permits one (1) illuminated' identification sigrtdisplaying only the name and logo of the business on or as part of a thirty-siX (36) inch high`decorative-type wall' for each sheet frontage, provided that the signs have only one displaysurface and do not exceed twenty-six (26)'square feet in 'area. The Code allows not more than one'(1) wall sign for each: individual'building unit, and in no case shall the aggregate total area of'all such'signs exceed ten percent of the total urea of the face of said building'unit. (13) The roof plan (Exhibit No. 7) indicates six (6) skylights, one (1) roof ladder access hatch, `and two: (2)'exhaust fan hoods. ?he exhaust fan hoods wouldbe located at the southeast comer of fie roof area, within an equipment well a total of 12-inches deep:. The hoods are 30 inches tall and the parapet height at the equipment well would be 36 inches. The well is `located adjacent to the parapet screening; and a tower element:: The hoods would also be painted to match the'building roof, The roof plan further indicates that HVAC units would tie located'within attic pace and equipment rooms within the building, and that the : compressor units would be located within'the landscaped planter area along the southwesterly property line. The' Code requires that "such roof-mounted equipment l ecreening be subject to the following: a) that all screening shalt be by acceptable, :'permanent: building materials, the same as or similar o those which are used in the' 'construction of the underlying building, orequipmentshall be screened from view by acceptable architectural features of the building itself, and that'said screening shall not exceed the'height limit; b) that permanent, mature landscaping may also be utilized for screening, but only if it provides a complate and sufficient, year-round screening; c) hat the equipment shall not be visible from any public street, public or private;property at finished grade level;;or any floor level of any residential structure; d) that ih order to minimize the visibilityof screening methods and materials, all'equipment'shall be painted to match the roof on which it is'located, as well as'painted to match any materials used for (equipmentscreening e) that the method'and/or screening material usedshall not be readily recognizable as a screening device but shall be integrated into the design of the `building as a part thereof; and,f) that all equipmentscreening shall be retainetl and maintainetl`in good condition. i (14) The grading plan demonstrates the relationship between the proposed location of the :animal hospital and'associatad parking area adjacent to WeirCanycn Road, Savi Ranch Parkway,'and Crystal Drive. The gradingpian demonstrates tfie property is generally flat and below he streetlevel along Weir Canyon Road and Savi Ranch Parkway and ' generallyconsistentwlth the grade Ievef of the automobile dealership to the southwest and Crystal Drive to the northwest: The finisfiad floor level of the site would be 33i faet(top of Page 5 Staff Report toShe Planning Commission April 19, 2004 ' Item No. 9 parapet would tie 358 feet; 4 inches): The finished surface of the parking area would be approximately 18 feet below the street grade (top of curb) where Weir Canyon transitions into Savi Ranch Parkway.; Traveling'south on Weir Canyon Road onto Savi Ranch Parkway, the street grade descendsil2 feet (6 feet above finished surface of tfie parking area) along the frontage of the property. At the street's highest grade along the perimeter of the::. property, the top of parapet would be approximately!;13 feet above grade; and of the streets lowest grade along the perimeter of the'property, he top of,tfie parapet of the building would be 37 feet, 4 inches above grade. Although not indicated on the proposed plan, the Commission may. wish to note that to the southwest of the project site, the properties are generally below the grade level of the property, and to the northwest of the project site Weir Canyon Road increases in grade traveling toward La Palma Avenue. (15) The submitted letter of operation indicates the facility would operate as a full service veterinary medical center offering medical, surgical, dental, preventative metltcine, emergency services, and'diagnostics for small mammals birds, reptiles, and amphibians. The petitioner has indicated no equine or bovine animals would be treated at his facility:` The hours of operation for the facility would be'7 a.m. to 9 p.m. Monday through Friday, ; and 8 a.m. to 5 p.m. Saturtlay and Sunday. Emergency'care would 6e available 24 hours a day: Doctors would only be available for scheduled appointments 8 a.m. to 6 p.m. Monday through;Saturday, with no appointments scheduled from 10'a.m. to 2 p.m. No ' appointments would be scheduled on Sunday. The facility;would also offer animal boartltng services and grooming services, as well as accessory retail ales of medical/health products for customers. The petitioner also indicates that effective scund control mitigation techniques would be incorporated into the construction of thebuilding (sound attenuating vestibules, sound;rated walls, proper insulation, and mechanical bafFles) in order o reduce the impact of potential noise sources on surrounding: properties. An example of this mitigation application is the incorporation of a perforated acoustic ceiling: the with an appropriate NRC (noise reduction coefficient) and'eeiling insui-quilt sound: absorbent material in the wards and suites to provide a high.. degree ofsound absorption and resonance control. The petitioner further indicates that exteriorUpper floor glazing at the ward areas will be dual'glazed to fielp mitigate potential noise. The interior:. floor design would also incorporate sound transmission vestibules tosprevent incidental noise'escaping o the outside environment. These sound vestibules would work similar to that of a "mud" room. However, instead of trapping,conditioned air, they serve#o contain potential noise leaving the wards or runs by utilizing two self-closing'doors leading to and ` from each ward'and/or suite. Ail dog ward and'run areas would be located within the building. There would be two outdoo[ play areas, to exercise a few animals at a time. An attendant would supervise animals stall times. The air handling systems would be constructed to not only reduce noise'but the emission of odor to the'outdoors. Additionally, all animal waste would be deposited into specifically designed receptacles that would connect to the sanitary sewer system' on site. There would be 12 to 16 employees for the hospital and boarding operation. The total number of employees anticipated for this particular veterinary hospital is consistent with well established /published veterinary management practice standards. Tfie facility is designed to support`3 to 4 doctors and at full capacity, the facility would serve no more than 10 to 12'clients at any one time. Employee schedules would begin at 7 a.m. until 6 p.m. daily, with one attendant on duty ; throughout the night for the animal boarding portion of the business operation. %An accessory retail component of the business would provide'convenience to the customers, with regular deliveries occurring on Tuesdays., No cremation services would be offered at this location. Deceased animals woultl be transported from the site regularly. Page 6 Staff Report to the Planning Commission 'April 19,'2004 item No. 9' ENVIRONMENTAL IMPACT ANALYSIS: (16) .Staff has reviewed the proposal and the Initial Study,(a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, herefore; recommends that a Negative Declaration tie approved upon a finding by the Planning Commission that the'Negative' Declarationreflects the independent judgment of he lead agency; and that it has'considered the proposed Negative Declaration together :with any comments received during the public reviewprocess ahd further finding on the basis of the Initial Study and any comments receivedthat there is no substantial evidence that the project will have a significant effect on the environment: GROWTH MANAGEMENT ELEMENT ANALYSIS:i (17) 'The proposed project has been}eviewed by affected City departments to determine whether itconforms to the City's Growth Management Elementadopted by the City Council on March 17, 1992. Based on City staff review of the: proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth i Management Element analysis; therefore,';no analysis has been pertormeo. EVALUATION: (18) Veterinary hospitals and animal boarding facilities are permitted within the CL {SC) zone aubject to the approval of a conditional use. permit 'Staff has reviewed the plans, the parking study, and letter of operation and has determined that the design of the new building and operation of the proposed use would be compatible with the surrounding 'commercial land uses. Staff is'supportiveof this use; as it would complement other: commercial uses in the vicinity. j Staff has included standard conditions pertaining tolsite ]andscapjng, roof-mounted equipment, as well as property maintenance and business operation. r As conditioned, staff:believes tfie proposed use would not adversely affect adjacent and surrounding properties. Because the site is adequate to accommodate the veterinary hospital and animal boarding facility in a manner not:detrimental to the area, `staff recommends aooroval of this project. t (19) Roof-mounted equipment is permitted within the CL (SC),Zone subject to the approval of a conditional use permit. The Code requires`:that: "Such roof-mounted equipment shall be subject to the following provisions and shall be clearly shown on plans submitted for review to the, City ofAnaheim. Submitted plans'shall "include line-ofsight drawings from surrounding properties, demonstrating the effectiveness of the proposed method of screening. .0321 5 Screening of equipment shall be provided by acceptable, permanent building materials; the same as or similar to those which are used in the construction of the underlying building, or equipment shall be scn;ened from view by acceptable architectural features of the building itself. Said screening shall nofexceed the height limit as established'by Subsection 18.84.062.031 of this chapter and shall not consist of wood aattice work. .0322 Permanent,;mature landscaping may also he utilized, but only if it provides: a complete and sufficient, year-round screening. .0323 Equipment shall not be visible from any public street, public or private property at finished grade level, or' any Boorlevel of any residential structure. ::.0324 In order to minimize the visibility of screening methods and materials, all .equipment sha/16e painted to match the roof on which k is located, as well as painted to match any materials used for equipment screening. Page 7 Staff Report to the Planning`Commission April 19, 2004 -,Item No! 9 'surrounding right-of-way, limited access, and limited visibility from Weir Canyon Road (due to the topography), Based on the irregularshape and topography of the site, and tiecause the findings can bemade to support this waiver as in the previous approval, staff :recommends approval of this waiver. (22) Waiver (c) pertains to maximum number of wall signs. The Code allows not more than one (1) wall sign for each individual business,'and in no case shaitthe aggregate total area of 'all such signs exceed: ten percent of the total area of,the face of said building unit. Plans indicate five (5) proposed walls. signs, with'an aggregate area of 135 square feet. Based on ten percent of the building face area on the east elevation, a single wall sign could be a total of 318 square feet. Theaggregatearea of all the signs is less than half (42%) the total signage allowed by Code: on this single elevation. The Commission. may wisfi to note that a previous waiver for sevan wall signs was approved based upon the irregularly-shape and topography of the properly as it relates to the surrounding right-of-way, limited access, .`and limited:visibilityfiom WeicCanyon Road (due to the topography). Because the.- proposed signage is less than half of the code would allow, and based on irregular shape and topography of the site, and because the findings'can be made to support this waiver as in the previous approval, staff recommends a~oroval of thiswaiver. (23) Waiver (d)pertaining;to required structural setback adjacent to an arterial highway has been deleted. (24) :Waiver (e) pertains to required improvement of setback areas. Code requires a minimum 14- to 20-foot wide landscaped'area along;Crystal Drive, Weir Canyon Road, and Savi Ranch Parkway. Plahs indicate 12 to 17 feet adjacent to Crystal Drive, 19 to 52 feet adjacent to Weir Canyon Road'and 6 to 28 feet adjacent to Savi Ranch Parkway. The Commission may wish to note that a majority of thelandscaping reflectedon the landscape ,:plan exists: and was installed as part of the: approvalfor the carvvash facility. The landscape improvements are more than two times what is required by Cade along the :majority of the street frontage and a majority of the site landscaping exists. Due to he topography and development constraints, and considering that is property is oddty shaped and significantly lower than Weir Canyon Road, and that much of he landscaping exists, staff recommends a~oroval of the waiver. (25) The proposed landscaping for the premises provides`only 3 trees adjacent to Crystal Drive and Code: requires a'minimum of 8 trees to be planted in the landscape planter. Staff has included a'condition of approvalrequiring he petitioner modifyfhe landscape plan to reflect 5 additional trees (minimum 24-inch box size) in thelandscape`plantersdjacent to Crystal :Drive to bring the property into confomtance with Code requirements. Additionally, the landscape plan calls out 15-gallon sized trees. Staff has consistently recommended evergreen trees a minimum of24-inch boz in size ors minimum of 8-10 broom trunk height for palm trees for similar projects and as such staff has included a condition requiring these larger sizes. (26) The Community Development Department`has indicated they concur with staff's recommertdation of the petitioner's request to construct a veterinary hospital and animal boarding facility with roof-mounted equipment with the above-mentioned waivers, subject to conditions of approval. FINDINGS: (27) When practical difficulties or unnecessary hardships;result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, Page 9 Staff. Report td'the Planning Commission April' 19, 2004 Item No. 9 because of special circumstances applicable to, it, shall be'deprived df privileges commonly enjoyed by otherproperties in the same vicinity'and zone. 'The sole: purpose of:any code! waiver is to prevent discrimination and none shall be approved which' would have the effect of granting a special privilege not shared by other similar properties. -Therefore, before any code waiver is granted by he Planning Commission, it sfiall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location br surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) :That strict application of the Zoning Code' deprives the property of privileges enjoyed >' by otherproperties'under identical zoning. classification in the vicinity. (28)` Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented snows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code; or that said use is not listed therein as being a s permittedvse; (b) That the proposed use will notadversely affect the adjoining land uses and the ;.growth and development of the area in which it is proposed to`be located; (c) That the size and shape of the ite for the proposeduse is adequate to allow the full `development of the proposed use in a manner not detrimentalito the particular area nor to the peace, health, safety, and general welfare; (d) .That the traffic generated by the proposed use will not impose+an undue'burden :upon the streets and',highways designed'and improved to carry the traffic in the 'area; and (e) 'That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the +` citizens of the City of Anaheim:' RECOMMENDATION: (29)' Staff recommends that, unless additional or contrary information is received dining the hearing, and based upon the evidence submitted to the Commission, including e evidence presented in this staff report, and oraC and written evidence' presented at the public hearing, the Commission a rove the petitioner's request by adopting the attached resolution inclutling the findings and conditions cbntained therein. Page 10 [DRAFT] RESOLUTION NO. PC2004--` A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04842 BE GRANTED (8290 EAST CRYSTAL DRIVE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THOSE PORTIONS OF LOTS 3, 4, D AND E OF TRACT NO. 865, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 28, PAGE 18 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY TERMINUS OF THAT CERTAIN COURSE CITED AS HAVING A BEARING OF NORTH 29° 04' 13" WEST AND A LENGTH OF 150.00 FEET IN PARCEL 1 OF A DEED TO THE STATE OF CALIFORNIA, RECORDED JUNE 15, 1970 IN BOOK 9316, PAGE 150 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 29° 04' 20" EAST, 150.00 FEET ALONG SAID CERTAIN COURSE; THENCE SOUTH 11° 44' 01" EAST CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1537.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 60° 55' 40" EAST, SAID CURVE BEING CONCENTRIC WITH AND 63.00 FEET SOUTHWESTERLY FROM THAT CERTAIN CURVE IN THE CENTERLINE OF WEIR CANYON ROAD SHOWN AS BEING CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1600.00 FEET, A LENGTH OF 1232.14 FEET AND A CENTRAL ANGLE OF 44° 07" 22" ON SURVEYOR'S MAP S.M. 70-10 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY; THENCE NORTHWESTERLY 235.04 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8° 45' 43", THENCE NORTH 52° 09' S8" EAST, 13.00 FEET ALONG THE NORTHEASTERLY PROLONGATION OF A RADIAL LINE OF SAID CURVE TO A POINT ON ANON-TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A .RADIUS OF 1550.00 FEET, SAID CURVE BEING CONCENTRIC WITH AND 50.00 :FEET SOUTHWESTERLY FROM SAID CENTERLINE OF WEIR CANYON ROAD, THENCE NORTHWESTERLY 591.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 21° 52' 43" TO A POINT ON A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 10,270.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 36° 36' 07" EAST, SAID CURVE BEING CONCENTRIC WITH AND 70.00 SOUTHEASTERLY FROM THAT CERTAIN CURVE CITED AS BEING CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 10,200.00 FEET, A LENGTH OF 3105.31 FEET AND A CENTRAL ANGLE OF 17° 26' 36" IN THE SOUTHEASTERLY LINE OF THE LAND DESCRIBED IN A DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED APRIL 8, 1969 IN BOOK 8921, PAGE 238 OF SAID OFFICIAL RECORDS, THENCE NORTHEASTERLY 107.91 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0° 36' 07° TO A POINT ON A NON-TANGENT CURVE, CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1650.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS NORTH 31° 44' 24" EAST, SAID CURVE BING CONCENTRIC WITH AND 50.00 FEET NORTHEASTERLY FROM SAID CENTERLINE OF WEIR CANYON ROAD; THENCE SOUTHEASTERLY 597.03 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 20° 43' S4", THENCE NORTH 52° 28' 18" EAST 13.00 FEET ALONG THE NORTHEASTERLY PROLONGATION OF A RADIAL LINE OF SAID CURVE TO A POINT ON A NON- TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVIGN A RADIUS OF 1663:00 FEET, SAID CURVE BEING CONCENTRIC WITH AND 63.00 FEET NORTHEASTERLY FROM SAID CENTERLINE OF WEIR CANYON ROAD; THENCE SOUTHEASTERLY 245.44 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 8° 27' 22"; THENCE NON TANGENT TO SAID CURVE SOUTH 31° 39' 52" EAST 225.23 FEET TO Cr\PC2004-0 -1- PC2004- AN INTERSECTION WITH THAT CERTAIN COURSE CITED AS HAVING A BEARING OF NORTH 60° 55' 47" EAST AND A LENGTH OF 59.99 FEET IN SAID PARCEL 1 OF THE DEED TO THE STATE CALIFORNIA, THENCE ALONG THE BOUNDARY LINE OF SAID _ __. PARCEL 1 THE FOLLOWING COURSES: SOUTH 60° 55' 40" WEST 23.19 FEET, NORTH 29° 04' 20" WEST, 325.00 FEET AND SOUTH 60° 55'40" WEST 100.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.44.050.050 and 18:84.062.032 to construct a veterinary hospital and animal boarding facility with roof-mounted equipment with waivers of the following: (a) SECTION NO. 18.04.043.101(a) Maximum fence heioht (3-foot high permitted within the required front yard setback; 7-foot hich proposed) (b) SECTION NO. 18.05.091.010 (c) SECTION NO. 18.05:091:020 (d) SECTION NO. 18.84.062.012 (e) SECTION NO. 18.84.062.014 Permitted commercial identification in the Scenic Corridor Overlav Zone (one 26 square-foot single-faced sign permitted per street frontage; one 21 square-foot double- faced monument sign proposed) Maximum number of wall Sion (1 permitted; 5 proposed) Recuired structural setback adjacent to an arterial hiphwav (DELETED) Recuired improvement of setback areas. 20 feet fully landscaped required; 6-19 feet proposed) 2. That waiver (a), pertaining to maximum fence height within the front yard setback is hereby approved on the basis that the 7-foot high combination block wall and wrought iron fence would be located from 13 to 46 feet from the property lines along Weir Canyon Road and Savi Ranch Parkway and because of the severe change in topography from the right-of-way and the building pad elevation, and because the property is irregularly-shaped with street frontage on three (3) sides, which severely limits the building envelope. 3. That waiver (b), pertaining to permitted commercial identification in the Scenic Corridor Overlay Zone is hereby approved on the basis that a previous waiver for this sign was approved based upon the irregularly-shape and topography of the property as it relates to the surrounding right-of-way, limited access, and limited visibility from Weir Canyon Road and that although the Code allows three (3) freestanding signs on this property due to the number of street frontages, only one sign is proposed. 4. That waiver (c), pertaining to maximum number of wall signs is hereby approved on the basis that the aggregate area of all the signs is less than half (42%) the total signage allowed by Code. Moreover, a previous waiver for seven wall signs was approved based upon the irregular shape and topography of the -2- PC2004- property as it relates to the surrounding right-of-way, limited access, and limited visibility from Weir Canyon Road (due to the topography). 5. That waiver (d), pertaining to required structural setback adjacent to an arterial highway is hereby denied on the basis that it is not necessary and has been deleted. 5. That waiver (e), pertaining to required improvement of setback areas is hereby approved on the basis that that a majority of the landscaping reflected on the landscape plan exists and was installed as part of the approval far the carwash facility and that the landscape improvements are more than two times what is required by Code along the majority of the street frontage mitigating the limitations of the site due to the topography, irregular shape and grade level relative to Weir Canyon Road. 7. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located as the design of the new building and operation of the proposed use would be compatible with the surrounding commercial land uses. Additionally, the proposed roof-mounted ventilation hoods would not be visible from any public street, public or private property at finished grade level, or any floor level of any residential structure, and would comply with the Code; 8. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; 9. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 10. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 11. That "° indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a veterinary hospital and animal boarding facility with roof-mounted equipment with waivers of: (a) maximum fence height, (b) permitted commercial tdentfication in the Scenic Corridor Overlay Zone (deleted), (c) maximum number of wall signs, (d) required structural setback adjacent to an arterial highway, and (e) required improvement of setback areas on an finegulariy- shaped 1.04-acre property; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the Cityof Anaheim: That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 3. That a final landscape.plan for the entire site, indicating type, size and location of proposed landscaping and irrigation, shall be submitted to the Zoning Division of the Planning Department for review and approval. The landscape plan shall include a minimum of eight (t3) 24-inch box evergreen trees on -3- PC2004- Crystal Drive and a minimum size of 24-inch box or 8-10 foot brown trunk height size for palm trees for °" trees within the setback areas and trees distributed throughout the parking area. Any decision made by the Zoning Division regarding said plan maybe appealed to the Planning Commission, and/or City........ Council. Said information shall be specifically shown on plans submitted for building permits. 4. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 5. That signage for subject facility shall be limited to that shown on the exhibits submitted by the petitioner and approved by the Planning Commission. Any additional signage shall be subject to approval by the Planning Commission. 6. That no sign shall be lighted between the hours of midnight and 6:30 a,m. 7. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 8. That there shall be no public telephones on the premises located outside the building. 9. That the water backflow equipment shall be above ground, outside of the street setback area in a manner fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside 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 The Water Engineering Division and Cross Connection Inspector before submittal for building permits. 10. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 11. That all requests for new water services or fire lines, as well as any modifications, .relocations, or abandonments of existing water service lines and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department, 12. That all existing water services and fire Imes shall conform to current Water Services Standards and Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use if 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. 13. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 14. That the driveway on Crystal Drive shall be reconstructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 15. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to review and approval of the City Traffic and Transportation Manager prior to issuance of building permits. 16. That an on-site trash truck turn-around area be provided per Engineering Standard Detail No. 610 and as required by the Maintenance Division. Said information shall be specifically shown on plans submitted for building permits. -4- PC2004- 17. That the legal property owner shall provide the City of Anaheim (Electrical Engineering Division) with an easement to be determined as electrical design is completed for electrical service lines. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 18. That any required relocation of City electrical facilities to be at developer's expense. Landscape and or hardscape screening of all pad-mounted equipment shall be required. Said information shall be specifically shown on plans submitted for building permits. 19. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 20. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department. 21. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 2000- 04201 (to expand an existing car wash facility including an auto service (oil and tube) with waivers of a) permitted freestanding sign, b) maximum number of wall signs, and c) required structural setback adjacent to an arterial highway), Variance No. 4239 (waiver of maximum number of wall signs to construct 4 wall signs in conjunction with a previously approved car wash facility), and Conditional Usa Permit No. 3556 (to permit a service station/car wash facility with waiver of minimum structural setback, required landscaped setback and permitted roof-mounted equipment) to the Zoning Division. 22. That the roof-mounted equipment authorized by this conditional use permit shall be properly maintained in compliance with Code Section 18.84.062.032, Said information shall be specifically shown on plans submitted for building permits. No additional roof mounted equipment shall be permitted unless reviewed and approved by the Planning Commission as a Reports and Recommendations item. 23. That the use authorized by this conditional use permit shall be operated in substantial conformance with the information contained in paragraph (15) of the April 19, 2004, staff report to the Planning Commission. 24. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 7, and as conditioned herein. 25. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 and 22, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim .Municipal Code. 26. That prior to final building and zoning inspections, Condition No. 24, above-mentioned, shall be complied with. 27. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution., and any approvals herein contained, shall be deemed null and void. -5- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "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. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, ,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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -6- PC2004- Rpr 10 04 07:57a Od-09-2004 11:50aa Frvm- Gregg Roseen T-TD7 P.D02/005 f-Td4 ATTACHMENT -ITEM N0. 9 PETITIONER'S STATEMENT OF IUSTIFICATfON FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: 949-491-2119 statement is required for each Code p.4 Sections 18.03.040.030 and 18.12.060 ofthe Anaheim Municipal Code require that before any variance or Code waiver may be grained by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circtunstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicittiry; and 3. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order [o determine if such special circumsmnces exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as comple[ely as possible. Ifyou need additional space, you may attach additional pages. Are there special circumstances that apply to the property In matters such as .size, shape, topography, location or surroundings? ~ Yes _ No. , answer is "Yes;' describe the special 2. Are the special circumstancesth~at apply to the property differen[ from other propemes in the viciniry.which are in the same zone as your property? Yes _ No If y.~ur answetr~s "ye y describe how the property is different ~C LP rYx~~ I C .~.E~,Qlla.r~._J) 3. Do the special circumstances applicable to the property deprive i[ of privileges currently enjoyed by neighboring properties located within the same zone? Yes No If your answer if `des, ~dcscribe the special circumstances: Tl1P.w,nt\ ~tlJ,-to1,T it Yt t/<~.T Co TFI.- Au_r,.tnA(d le4J.l t..,t i,.7 e.~T. 4. Were the special circumstances created by causes beyond the control ofthe property owner (or previous property owners)? _ Yes O~No EXPLAIN: The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which wotild have the effect of granting a special privilege not shared by other property in the same vicinity and zany which is ~t otherwise ex ressp ty authorized by zone regulations govemino subject property. Use variances are not permitted. Si atu r p Owner ar A-uth-or'ized Agent ate o y o `/3•/0~ ~a CONDITIONAL USE PERMITNARIANCE NO. 1DECEMBER r2, 200a lustiG®don Wervcc eat Rpr 10 04 07:57a Gregg Roseen 949-481-2119 p.2 04-00-2004 II:SOam From- T-T01 P.003/005 F-Td4 ATTACHMENT - IT1;M N0. 9 PETCCIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) - REQUEST FOR WAIVER OF CODE SECTION: ~ ~~~ 09~' ~ ~ ~ ,(A spppastq st semen is required •for each Code waiver) PERTAINING TO: PI/1"4r,~ ~t'ytkitfAd21S IG .fit ~~ Sections 18.03:040.030 and 18.12.060 of the Anaheim Municipal Code require [hat before any variance or Code waiver maybe grented by [he Zoning Administrator or Planning Commission, the following shall be shown: t. That there are special circumstances applicable [o the property, including size, shape, topography, location or surroundings, which do not apply to ocher property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commissiontn arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? Yes _ No. Ifyouransweris°Yes,"describe thesperialcircumstances: IttlS ~i~r IS il~~Ut1~(y>-a~ 2. Are the special circumstances that apply to the property differen[ from ocher properties in the vicinity which aze in the same zone as your property? ~. Yes _ No how the property is different: ~'l/ ~ tj ~ !S i:J A ~~uf~L-, S~/f/)~~'r` 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? tLYes _No If 4. Were the s ctal ciucumstances created by causes beyond the control of the property owner (or previous property ovvncrs)? ~-Ye~s,_ No t,~ / ,y, EXPLAIN: I F! ~.. ~~ ! )Tj :tJ) US C. ~r~ 3 AP~/l e'K~ (.J vII 1lE'f{1 ~OJI. / r V(~11~L? ~:....~ The sole purpose of any variance or Code waiver sha{I be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of grutting a special privilege not shared by other property in the same vicitilry and zone which no[ otherwi~se/gex/p~~essly authorized by zone regulations governinGg subject property. Use variances are not permitted. ~ ~ J !~V '~~ ( tYt Sign roperry Owner or Audtorized Agent ace tx, woo CONDITIONAL USE PERMITNARIANCE N0. Juningtlon Wnivu. dot ATTACHMENT - ZT);M N0. 9 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WANER) REQUEST FOR WAIVER OF CODE SECTION: /x•05 • b ~l~-~ ~'~ _ ~ ~ ~ (A separate statement is required for each Code waiver) PERTAININGTO: (~hI cS !TG J +5F~~4~ Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings?_y~( Yes . _. No. answer is "Yes," describe the 1 ten/' 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? ][ Yes _ No n If your answer is "yes," describe how the property is different: ~r /~A/AGE /[Cr~U+12~r !L~/T~ 3. Do the special circumstances applicable tp the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circ lances: ~ ` zxods~rx- ~~ 3 slf~el c5 /~PTrt~..»~ILr E>"1~JID~ SiuN Gt/~,~V,:r.,J -'~-tom'----~~ 4. Were the special circumstances created by causes beyond the control of the property owner{orprevious property owners)? ~ Yes ~ No ' EXPLAIN ~ bL~tti 11~•N D-C' <S7f1~~~5 7'a ,St7~ The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved whi would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not erwise expre 1 thorized by zone regulations governing subject property. Use variances are not permitted. ~~am~ `~P~~ /Owner or Authorized Agent 'Date /~// v CONDITIONAL USE PERMITNARIANCE NO. DECEMBER 12, 2000 CUP ~Q. 2004 - 0 4 8 ~ 2 ATTACHMENT -ITEM N0. 9 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIREDC(FOQR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ 0 ' V ~ ~ ~~ 2~b~ (A separate statement is required far each Code waiver) PERTAINING TO: ~Vi('-~`D ~.0.NJS~u ~l;("31\;~L Sections 18.0.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: I. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under. identical zonins classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. I. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? Yes _ No. I f If yqur answer is "Yes," describe the special circy~tstances: ~l) ~ ~ A <J Q~ n ~ N ~ ip~~0 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? _ Yes _ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? -Yes ____No answer if "yes," describe the 4. Were the special ci~umstances created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ No EXPLAIN: The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved hick would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which ' t otherwise ex r ssly authorized by zone regulations governing subject property. Use variances aze not permitted. `' 3?'~'~ Sign erty Owner or Authorized Agent Date 37625~DECEMBER L, 2000 CONDITIONAL USE PERMIT/VARIANCE NO. Justification Waiver. dot CUP ~Q 2D04 - 0 4 8 4, 2 Staff Report to the Planning Commission April 19, 2004 Item No. 6 6a. ENVIRONMENTAL IMPACT. REPORT NO 330 {Recommendation motion requited) 6b. GENERAL PLAMAMENDMENT NO 2004 00419 (Recommendation resolution required) 6c. ZONING CODE AMENDMENT NO 2004-00029 (Recommendation resolution required) 6d. ' RECLASSIFICATION NO:!2004-00117 (Recommendation resolution required) 6e. AMENDMENT NO. 5 TO THE ANAHEIM RESORT r(Recommendation resolution required) SPECIFIC PLAN: NO 92-2YTRACKING NO SPN 2004-000231; 6f. .AMENDMENT NO: 2 TO THE NORTHEAST AREA (Recommendation resotution required) 'SPECIFIC PLAN'NO 94-t (TRACKING NO SPN 2004-000241:'. 6g. CEQA NEGATIVE-0ECLARATION (Recommendation motion required) 6h. TERMINATION OF DEVELOPMENT AGREEMENT (Recommendation resdlution required) N0: 91'-01 (TRACKING NOs2004-00001 6i. REQUEST FOR CITY COUNCIL REVIEW OF ITEM (Motion required) NOS: 6d AND 6a SITE LOCATION AND DESCRIPTION AND REQUEST' (1) General Plan Amendment No. 2004-00419: a. LOCATION: °Citywide. The City of Anaheim and its sphere-of-influence are surrounded by ~ the Cities of Fullerton, Placentia, and Yorba Linda to he north; Riverside County to the east; the Cities of Orange, Garden Grove, Stanton, and unincorporated Orange County to the south; and, the Cities of Cypress and Buena Park to the west. The City encompassesbver 32,243 acres!of land and includes?approxinately 2,460'acres of'uhincorporated area vvithin its sphere-of-influence. (See Attachment 1 - A) ,~ b. REQUEST: City-initiated request to comprehensively update the .City of Anaheim General Plan, including revisions to the existing Land Use Element (including new and re-named land use designations); Redevelopment Element (now incorporated into the Economic Development Element); Circulation Element (which would now contain the existing Scenic Highways Element}; Open Space?and Conservation Elements (incorporated into the Green Element); Growth Management Element; Parks, Recreation and. Community. Services Element (incorporated intp the Green Element); Noise Element; and, Safety and Seismic Safety Element (combined into one Safety Element); and further; in addition to the topics addressed in the existing Generaf Plan elements, to create new goals, policies and programs to address community design, economic development; and putilid services and facilities in the form of new elements for each,topic. (2) '; Zoning,CodeAmendmentNo.2004-00029: r a. LOCATION: Citywide. See above description. (See Attachment 1 = A) b. REQUEST: City-initiated request to comprehensively amend the City of Anaheim Municipal Code, Title 18 (Zoning Code), including, but not limited. to, the update of all residential,:;. commercial and industrial zone classifications, permitted uses, and development standards; deletion of obsolete zoning classifications; and introduction of new zoning classifications, including but not limited,to, Mixed Use; to implement the updated General Plan. 1` Staff Report o the Planning Commission April 19, 2004 Item No. 6 (3); Reclassification No. 2004-00117: a. LOCATION: The sutiject property is an approximately 663 acreiarea known as the Cypress CanyontSpecific Plan (SP90-3) area, generally bounded by the: Cleveland'National Forest to 'the east, the Riverside (SR-91) Freeway tothe north,'unincorpd~ated open space within the City's sphere-of-influence to the south, and'the Mourttain Park'Specific Plan Area to'the west (the western boundary of the Cypress Canyon Specific Ptan area is approximately 5;712 feet 'east of the,Gypsum Canyon Road/Santa Ana Canyon Road intersection).i(Attachmeht 1 - B) b. REQUEST:' City-initiated request to reclassify subject properties from the,Cypress Canyon ;Specific Plan (SP90-3) to the OS (Open' Space) Zone to be consistent witfi the Open Space land use designationproposed as part of the General Plan Update. One approximately 15- acre parcel will retain 140 dwelling units in the Low-Medium Density Residential designation in the RM-3' Zone. (4) Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 (SPN 2004-00023): a. LOCATION: The Anaheim Resort Specific Plan encompasses approximately 555 acres generally ocated adjacent to and southwest of Interstate 5 between Ball Road and Orangewood Avenue within The Anaheim: Resort. The proposed amendment area is located immediately south of the existing Specific Plan boundaries and encompasses approximately 26 acres along the east and west sides of Harbor Boulevard between Orangewood Avenue and the southern City; limits including properties fronting along the following streets (all frontage numbers are approximate): 1,363'feet adjacent to the west side and 2,641'feet adjacent to`the east side of Hartior Boulevard; 626 feet adjacentto the south side of? 'Orangewood Avenue east and west of the centerline of Harbor Boulevard; 371 feet adjacent to the north'and south'sides of Wilken Way; west of the centerline of Hartior Boulevard; 190 feet adjacent to the north side and 608 feet adjacent to the south side of Wilken Way; east of the centerline of Harbor Boulevard; and, 850 feet adjacent to the north side of Chapman Avenue, east of the centerline of Harbor Boulevard. 'Property addresses include 2101-2207 South Harbor Boulevard, 2100-2340 Sotth Harbor Boulevard,'S00-510, and 614 West .Orangewood, 450, 460, and 620 West Wilken Way, and 421,.503, and 531 West Chapman Avenue.: (See Attachment 1 - C) b. REQUEST: `City-initiated request to amend the boundaries of the Anaheim Resort. Specific :Plan to incorporate subject properties, and reclassify these properties from the CG '' '(Commercial, General), CH (Commercial, eavy), CL'(Commerciai, Limited), PLD-M '.'(Parking/Lahdscape District -Manufacturing), and RS-A-43,000: (Residehtial, Agricultural) zones to the Anaheim Resort Specific Plart (SP92-2) zone (including establishing zoning and development standards for the expanded area) to be`consistenYwith the£dmmercial Recreation land use designation proposedas part of the General Plan Update. (5) Amendment No. 2 to the Northeast Area Specific Plan No. 94-1 (SPN 2004-00024): a. LOCATION: The Northeast Area Specific Plan consists of approximately 2,645 acres generally; located in the Santa Ana Canyon;: bounded by the City of Placentia to the north, the :Orange (SR-57) Freeway to the west, the Riverside (SR-91) Freeway and"Santa Ana River to the south, and Imperial Highway to the east. The proposed amendment would encompass approximately 60 acres located within the tortheast Area Specific Plan Area as follows (all acreage and frontage numbers'are approximate) (See Attachment 1 - D): 2 Staff Report to the Planning Commission April 19, 2004` ItemNo. 6 i. Thirteen (13) properties situated on 23.77 acres with frontages on White Star Avenue, Armando Street, La Mesa Street, and Kraemer Place. Property addresses include 1000- 1010, 1040, 1021, 1050-1086; and 1041 North Kraemer Place; 2671,'3025-3035SEast La Mesa Avenue;'2929-2931 East White Star Avenue; 1015,.1020, 1030-1045, and 1050 North Armando Street (See Attachment 1 - E); ii. One (1),:3.91-acre property located at the southeast corner of La Palma Avenue and Shepard'Street, having frontages of 283'feet on the south side of La Palma Avenue and 585 feet on the east side ofShepard Street. Property address is 3210 East La Palma i Avenue {See Attachment 1 - F) (see note pertaining to request for deletion below); iii. Three (3) properties situated on 16.99 acres located 1,698 feet east of the centerline of !Shepard Street, having a frontage of 461 feet on the soutHside of La Palma Avenue and a maximum depth df 1,180 feet. Property addresses include3362, 3364, and 3366-3370 East La Palma Avenue (See AttachmenC 1 - G); iv. ' Eleven (11) properties situated on 4.42 acres located on the north of La Palma Avenue, east of Lakeview Avenue, and: at the southeast corner of La Palma Avenue and Lakeview Avenue; including four (4) properties located 276 feet east of the centerline of Lakeview Avenue'and having`a frontage of 331 feet on the north side of La Palma Avenue, :and seven (7) properties located'at the southeast corner of La Palma Avenue and Lakeview Avenuehaving a frontage of 689 feet on the south'side of La Palma Avenue, and,197 feet on the east side of Lakeview Avenue. Property addresses include 4506, 451.0, 4520, 4527, 4530, 4531,:.4545, 4600, 4601 and 4616-4618 East LaPalma Avenue (See. Attachment 1 - H); and, v. Three (3J properties situated on 15 acres located 578 feet west of the centerline of Imperial'Highway, fiaving a frontage of'561 feet onithe south'side cf La Palma Avenue. Property(addresses include 5500, 5510,and 5620: East La Palma Avenue (See Attachment 1 - I). b. REQUEST: City-initiated requestto amend the Northeast Area Specific Plan (SP94-1) and its associated Development Area`,(DA) boundaries to tie consistent with the'revised General Plan land use designations proposed as part. of the General Plan Update, as followsi`(i) from DA 5 (Commercial) tdbA 2 (Expanded Industrial); (ii) from DA 5 (Commercial) to DA'2 (Expanded Industrial) Note: Following the advertisement of this request, staff determined that subject property is currently located in DA 3'(La Palma Core) and, as result, is recommending that this portion'of the request be deleted); (iii) from DA 3 (La Palma Core) to DA 5(Commercial); (iv) from. DA 5 (Commercial). to DA 2 (Expanded ' Industrial); and, (v) from DA 5 (Commercial)to DA Z (Expanded Ihdustrial). ' (6) Termination of Development Agreement No. 91.01: a. LOCATION; 'The Development Agreement No. 91-01 encompasses approximately 3,.179 'acres (the Mountain Park Specific. Plan No 90-4 area); including 2,339 acres which have been annexed to the City of Anaheim and 840 acres of unincorporated land' located within the County of Orange in the City of Anaheim's'sphere-of-influence (approximately 172 acres of the Mountain: Park site have been developed with the Eastern Transportation Corridor: (SR- 241)which bisects the'western portion of the site). The subjecYsite is generally located in Gypsum Canyon, bordered on the north by the Riverside (SR-91) Freeway and the Gypsum Canyon Road interchange, on the west by The Summit of Anaheim Hills and Sycamore 3 Staff Report to the Planning Commission April 19 2004 Item No. 6 Canyon developments, on the south by unincorporated property within the County:nf Orange in the City: of Orange's sphere-of-influence, and on the east by the 697-acre Cypress Canyon ':Specific Plan area. (See Attacfiment 1 - B) b. REQUESTi Subject :request is fcr consideratipn to terminate Development Agreement No. _ 91-01 between the City of Anaheim and The Irvine Companyto permifthe Planning Commission and City Council to consider modifications to the Mountain Park property as part rof the General Plan Update and he anticipated amendment to the Mountain Park Specific Plan later this yeas :Said Development Agreement relates to the development and '.implementation of the Mountain Park Specific Plan vvhich provides for the development of up to 7,966 residential dwelling units, 179 ages of commercial uses, schools, parks; public facilities and open space, as more specifically described in the'Specific Plan. INTRODUCTION; (7) The General Plan/Zoning'Code Update Program commenced in March, 2001:. The Update Program is a three phase effort thafincluded'an extensive public outreach and "visioning" process, a comprehensive baseline'conditions analysis and an alternatives evaluation process that culminated'with the selection of'a Recommended Land Use'Alternative which serves as the basis for the proposed General Plan.. (8) In May of 2001; the City establishedra General. Plan Advisory Committee (GPAC) which consists of7epresentatives from tfte Planning Commission, Public: Utilities Board, Parks and Recreation Commission, Housing and Community Development Commission and Senior;Citizen Commission. In addition to these members, the GPAC includes two at-large representatives and student representatives from Canyon High School and Ahaheim.High SchooLrThe role: of the GPAC is to review and provide comment on key documents related o the proposed General Plan (e.g.; he Vision. Statement, Recommended Land Use Alternative,braft General Plan, etc.). The ' GPAC further serves as a vehicle for achieving. representative opinions and attitudes ofYesidents, landowners, interest groups, and others interested in the General Plan Update effort. (9) In the summer of 2001, a,series of five citywide visioning workshops were held in order to identify the likes, dislikes and desires of the community. The following summer, additional outreach efforts, includipg a General Plan Rally at Angel Stadium,iwere pursued. In addition to these events, presentations on he Update Program: have been made tovarious neighborhodd'groups, the Anaheim Chamber of Commerce and locatservice organizations. Throughout the program, several workshops and public meetings have been held with the Planning Commission and City Courtcii to review various work products and project milestones. Each workshoplmeeting also served to allowthe public o provide comments on the General Plan Update; tieyond the opportunities provided through other outreach methods, ' (10) The outreach efforts described above led to the creation of the Anaheim Vision Statement. The Visiort Statement (included as Appendix A in the proposed General Plan) is meant to identify the important desired characteristics of the community as defined by the City's stakeholders? The Vision Statement, which was reviewed by the GPAC, Planning Commission and City Council in I early 2002, serves as the'guiding document for the proposed General Plan and serves as a foundation for many of its}goals andpolicies. i (11) Following an analysis of the City's existing baseline conditions, staff and the consultant team developed three:. potential land use alternatives'which represented three different future growth scenarios. Following their preparation, the alternatives were analyzed to determine how well they implemented the Anaheim Vision and how they impacted the City's infrastructure system; 4 Staff Report to the Planning Commission April 19, 2004`. Item No. 6 including the transportation; sewer, drainage and water systems. Following this analysis, a Recommended Land Use Alternative was developed ahd endorsed by the City Council on January 7, 2003; following a recommendation of endorsement by the GPAC and Planning` Commission. (12) On March 8, 2004, the Planning Commission, by resolution, initiated the following actions% associated with the General Plan/Zpriing Code,update: a. Reclassification No. 2004-00117 (to reclassify a portion of the Cypress Canyon Specific Plan Area (SP90-3) to the OS (Open Space) Zone. b. Amendment No. 5 to the Anaheim Resort Specific Plan (an amendment to the Anaheim Resort Specific Plan td reclassify,properties generally Jocated on the east and west sides of Harbor Boulevard (from Orangewood Avenue to the southern city limits) to the Anaheim Resort Specific Plan (SP 92-2) and to establish zoning and development standards for the ezpanded'area.) c. Amendment No. 2 to the Northeast Area Specific Plan (to amend various development area boundarieswithin the Northeast Area Specific Plan to retlectthe'revised General Plan. land use designations). '5 Staff Report to the Planning Commissdn April 19; 2004 Item No. 6 STRUCTURE OF REPORT: (13) This staff report is divided into the following sections (plus attachments) which summarize the above-mentioned actions: _ Section TOpiC I General Plan Amendment No. 2004-00419 II Zoning :Code Amendment No. 2004-00029 III Reclassification No. 2004-00117 IV Amendment No. 5 to the Anaheim Resort Specific Plan Nd. 92-2 V Amendment No. 2 to the Northeast Area SpecifibPlan No 94-1 VI CEOA Negative Declaratioh and Termination of Development Agreement No. 91-01 VII Environmental Analysis -EIR 330 Attachments 1 Location Maps: Exhibit Nos: A through I 2 General Plan Refinements ahd Clarifications 3 Summary of GPAC Questions/Comments Regarding Draft General Plan 4 Comparison charGshowing existing-to' hew zones 5 Zoning Code Table of Contents 6 Zoning Code Refinements and Clanfidations 7 Exhibit for Reclassification Nd. 2004-00117 8 Letter requesting cancellatioh of Development Agreement 9 Summary of Draft Mitigation Measures' 10 Draft Mitigation Monitoring Program fofthe General Plan 11 Draft Mitigation Monitoring Program forThe Platinum Triangle 12 Draft Mitigation Monitoring Program for The Anaheim Resort 13 Draft EIR Refinements and Clarifications 14 Resolutions I 6 Staff Report to the Pfanhing Commission April 19, 2004` Item No. 6 SECTION I -GENERAL PLAN AMENDMENT N0. 2004-00419 '< BACKGROUND: (1) ; State law requires that every city and county adopt a comprehensive; long-term General Plan. The'General Plan represents the community's view of its'future and'is often referred to asa blueprint for growth and developmenf. As a result, local decision makers oftentimes use the goals and policies of the General Plan as a basis on which to make their land use decisions. The proposed General Plan update is considered "comprehensive" since it covers the territory. within the boundaries of the Cityas well asareas within its sphere-of-influence. It is also considered "long-term" since it is designed to provide guidance at least 20 years into the future. Throughout this horizon period, it is likely that the needs and values of the Citymay changed As a result, it is anticipated that this General Plan will be periodically reviewed and revised as appropriate: (2) ' The Anaheim General Plan was initially adopted. in 1963 and has been subsequently amended as needed. The last comprehensive General Plan: Update was approved in 1984. 'The City's adopted General Plan currently consists of the following elements: Land Use; Circulation] Safety and Seismic Safety; Redevelopment; Open Space; Conservation; Scenic Highways; Noise; Parks; Recreation and Community,Services; and, Housing: The proposed General Plan maintains each'. of these Elements (although various elements have been consolidated and/or renamed). In addition, three new elements areproposed.through this update effort: Economic Development;. Public Services and Facilities; and, Community Design. It should be noted that the City's Housing Element, which was certified by the State in February; 2003, is not being updated in conjunction with these efforts. (3) On April 7, 2004'; the General Plan Advisory Committee (GPAC) metto discuss the Draft General ' Plan.' The document was well received by the group and'domments from the Committee were duly noted. A summary of he questions/comments received at the meeting are includedin Attachment 3 of this report:: Following. is a summary of each of the proposed elements. LAND USE ELEMENT::' (4) The Land Use Element is perhaps the most significant component of the City's, General Plan. It designates the distribution and general location: of land uses, such as residential, retail, industrial, ; opertspace, recreation, and public uses. The Land Use Element also addresses the permitted density and intensity of the various land use designations as reflected on the proposed General Plan Land Use Map. (6) Some of the notable objectives of the proposed Land Use Element include: a. Encouraging new residential development along underutilized commerciaPcorridors; '! concentrating and enhancing commercial uses at strategic intersections;.creating new 'recognizable mixed-use areas, including the Downtown and The Platinum Triangle areas; 'and, protecting historic areas and residential neighborhoods from incompatible land uses; b. Providing a variety of residential land uses that offer diverse housing opportunities for Anaheim's equally diverse population in conformance with the City's adopted Housing Element; 7 Staff Report to the Planning: Commissioh April 19; 2004 Item No. 6 ' a Reducing the number of residential units'in the Mountain Park area from 7,966 to 2,500 and .'designating a schdol site, a fire: station; a park, and open space areas as part of the new commuhity; d. :Providingbpen space and recreational opportunities in close proximity to neighborhoods; e. 'Reducing traffic impacts and ehcouraging alternative means of transportation by identifying ' land uses that are conducive to transit use or that minimize distances between residential, rshopping'and employment centers, thereby encouraging pedestrian or bicycle travel; f. ' Providing a singulaq Citywide land use designation through the elimination of "Hillside" '8esignatiohs (with exception df the Low-Medium Hillside designation further described below); g. Promoting'economiEdevelopment by intensifying development potential in economic centers; identifying new residential development in proximity to these centers, and by ensuring swell- balanced mix ofemployment~elated land uses; and h. Creating a;"parcel-specific" Land Use Plan that will provide property owners and developers :with an improved understanding of the potential use of their property. In addition, he Geographic Information System. (GIS) format of the rew Plan will enhande the City's ability to track and analyze land use trends due to the precise nature of the data (6) The proposed Land Use Element also contains several new land use designations. These designations are briefly: described below (see`Section It for a discussion of typical implementing zones for each': of these'designatidns): a. Residential Designations i. Low-Medium Hillside: The Low-Medium Hillsidebensity Residential designation would provide for the development of both attached and detached single-family homes in hillside,areas. The proposed density range is from zero to 6 dwelling units per gross acre. Lot sizes in this these areas average`approximately 5,000'square feet, due to the sloping topography and'associated reduction in developable area:' Development within this designation is often "clustered" in order to reduce site grading while maximizing he preservation of open space: ii. Corridor Residential: The Corridor Residential designation' is intended to provide for residential development onminimum one-acre project sites for single-family attached 3~ townhouse style'housing typically fronting on arterial highways and incorporating a rear access drive or service alley. This designation is intended`to provide'for additional housing opportunities along the City's'arterial corridors on shallow properties formerly occupied by commercial uses. The proposed dehsity range for Cd~i-idor Residential is from zero to 13 dwelling units per gross acre. b. Commercial Designations is Neiahtiorhood Center: The Neighborhood Centel designation is intended to promote commercial development serving adjacent residential neighborhoods: Neightio~hood Center uses could include large and small grocery stores, drug stores, restaurants, small ' hardware stores, child care centers, neighborhood-serving restaurants, bakeries, banks, specialty shops; and some1ow intensity civic uses. The Neighborhood Center'; designation is hdf intended to encourage traditional strip commercial developmeht or large,',regionally-serving;7etail uses. 8 Staff Report to the Planning Commission April 19, 2004 Item' No. 6 ii. Reoionaf Commercial: Regional Commercial areas are intended to serve a larger area than Neighborhood Centers and include'regional-serving commercial uses. Allowable uses could include large department stores, specialty stores, heaters, and restaurants. The Regional Commercial designation also allows for limited: professional offices. The Anaheim Plaza and Anaheim Festival shopping centers areazamples of such uses. iiil Office-Low: The Office-Low land use designation allows for a variety of; small-scale office uses3 including local branches of financial institutions, legal services, insurance services, real estate, and medical or dental offices and support services. The Office-Low designation is intended to facilitate office development of up,to three stories in height. ' Areas designated as Office-Low can develop as stand-alone projects or within abusiness park setting. iv.s Office-High: The Office-High designation is intended for higher density'office buildings that have at leasffour stories.: Office-High uses are focused' in areas planned for more i concentrated urban' development such as The Platinum Triangle, key locations along transit routes, major' intersections, or inclose proximity to significant activity centers. Typical uses would include national or regional offices for financial institutions, Fortune 500 companies, and medical-related office complexes. c. Mixed Use Designations i. Mixed-Use: This proposed designation provides opportunities for an integrated mix of i residential, retail, service, entertainment!and office,opportunities in apedestrian-friendly environment. Mixed-Use areas encourage the use of transit(service and other forms of transportation, including pedestrian and bicycle travel, due to their compact, intense nature. Continuous commercial street frontage on the first and, perhaps, second floors, supported by residential and/or office uses above,'is the typical pattern'of vertically mixed land use; Uses may also be'mixed in a7horizontal; or multi-use, pattern. Typical residential uses could include; apartments, live-work units, town homes,: flats and artist- : style lofts. ii. Non-Residential Mixed-Use: The purpose of the Non-Residential Mixed-Use designation is to encourage a mix of commercial and office uses, but prohibit residential uses in certain areas, where residential uses are not compatible with surrounding land uses. This designation islimited to the Northeast Specific Plan area. All uses, densities and intensities, othectfian residential uses,ithat are permitted by the Mixed-Use designation are allowed withih the Non-Residential Mixed-Use`designation. d. Other Designations i.: Institutional: The proposed Institutionafdesignation includes a wide range of public and quasi-public uses, including government offices, transportation facilities, public orprivate colleges and universities, public utilities] hospitals; large assisted living;facilities, community centers, museums and public libraries: Institutional facilities are typically clustered in activity: centers to support other similar uses and: benefit from access to various modes oftransportation. (7) Effective January 1, 2003, Government Code Section 65863 restricts cities' ability to reduce the maximum allowable density on property in areas already designated or zoned for residential uses to a level below;the density. used by the State of California Housing and Community Development 9< .Staff Report to the Planning.: Commission 'April 19; 2004 Item No. 6' Department (HCD) when determining whether a city's housing element complied with state law. It is immaterial under the statute whether the reduction'is initiated] by a city of by a member of the putilic. A city,may neither requirenor permifthe reduction of density of any such residehtially- designated parcel, unless the folldwing,findi~gs are made: _ a. That the proposed reduction in density is consistent with the General Plan, includipg the Housing Element. b. iThat the remaining sites identified in the Housing Element are adequate to accommodate the City's share pf the regional housing neetls, (8) If a city cannot make the second finding, it may still make the reduction in density if it identifies sufficient "additional, adequate, and available sites" with an equal or greater residential'capacity in the jurisdiction so thaf there is no net loss of residential unit capacity. In some instances, it may be necessary for the city to "up-zone" some other'area of the'pity in order to legally accomplish a down zoning (Government Code Section 65863). (9) The;City Attorney's Office has reviewed Section 65863 and advised that Government Code Section 65803 states that the sections in Chapter 4, of which 65863 is a part; do not apply to charter cities except as otherwise provided. Since Section 65863`does not specifically indicate applicability to'charter cities, it is believed that such provision does not apply'to Anaheim, a charter city. However, as a practical matter the reclassification of property needs to be!consi~ ~nf withlhe General Plan, including the Housing; Element. Anaheim has a Housing Element, approved by HCD, based upon the'City's provision of certain identified Housing Opportunity Sites. To ensure that zoning actions remain consistent with the General Plan; the City'utilizes the findings in Section 65863 as a motlel when property is rezoned to a density°6elow that considered in the approved Housing Element`as a method of determining continuing conformance with the assumptions'contained therein. (10) The'Housing Element was most recently updated in October 2002:' It is a stand-alone document which includes an assessment of current and projected housing needs, and sets forthpolicies and' proposals for the improvemenfof housing and the provision of adequate ites for housing to meet the needs of all economic segments of the City. If is important to note hat the other General PIanI Elements, including the Land Use Element, were prepared consistent with the goals andipolicies of the Housing Element, (11) As indicated in'3he Housing Element, the Southern California Association of Governments (SCAG) has identified the City's Regional Housing Needs as being 2,710 very low income units, 1,639 low income units, 2,625 low-moderate income units and4;534 above-moderate income units. (12) Overall, the Recommended Land Use Alternative provides a slightly greater number of dwelling units'(up to 129,159 units) than provided through the existing General Plan (up to 126;821) and will maintain the above-noted low income and!low-moderate income dwellingLnit requirements and more than'satisfy the number of required above-moderate units. While some density reductions are'proposed in certain areas of the City (e.g: the Mountain ParklSpecific Plan area and within some primarily. single-family residential neighborhoods in and around The Colony historic district); this will be balanced by the introductionbf additional residential development in the bowntown area (approximately'1,000 new housing units) and The Platinum Triangle(up to 9,175 new housing units)(as well asiopportunities to redevelop underutilized mid-block commercial areas with residential uses in the central and western. portions of the City...' '10 Staff Report to the Planning Commission April 19, 2004`' Item No. 6 (13) As mentioned above, the City's assigned number of above-moderate income housing units identified in the Housing: Element is 4',534. The. Element'also provides credit for' 750 units which have been constructed since 1998, leaving a remaining balance dr 3,784 units to be accommodated.' It was presumed that many, if not all, of this remaining balance would be developed withinithe Mountain Park Specific Plan area. Since the Specific Plan area will be _ capped at a maximum density of 2;500 units (versus the 7,966 unitsbriginally;entitled), the 1,284 above-moderate income units being''lost" are now being'accommddated elsewhere in the City. For example, tfre 9,175 units proposed for The Platinum Triangle alone will mere than accommodate the remaining balancebf above-moderate ncome units identified in the Housing Element. (14) The Housing Element will ultimately tie updated in accordance with the timing specified per State law (Government Code Section 65588) and this. update will reflect the land use changes identfied ' in the proposed General Plan and Zoning Code Update (i'.e., the proposed changes to Mountain Park; The Colony and Downtown area and The Platinum Triangle); as well as any othe~bhanges whichmay occur in the interim as result of future development proposals. CIRCULATION ELEMENT: (15) The Circulation Element addresses the identification, location and extent of existing and proposed major horoughfares, transportation: facilities and bicycle/pedestrian Fdutes. It serves as art infrastructure plan and must be correlated with the Land Use Element. The proposed Circulation Element includes various goals and policies aimed at: a. Facilitating the design and operation of arterial streets,. b. Exploring the use of mass transifwith multiple modes,i c. Encouraging, traffic calming strategies that enhance pedestrian safety and increase the livability of neighborhoods; d. Identifying linkages of bicycle and.. pedestrian paths in'proximity to residential, commercial, civic, educational, recreational and institutional uses; and , e. Providing for the efficient mobility df people and goods: (16) In conjunction with the proposed Circulation Element, staff is in the process of pursuing changes to the :City's current planned roadways network and the Orange County Transportation Authority's (OCTA's) Master Plan of Arterial Highways (MPAH). Withregard to the planned roadway,' network, staff is recommending the closure of Santa Ana: Street between Olive: and East: Streets and the deletion df the Oak Canyon Drive extension over he Eastern Transportation Corridor (SR-241). With regard to proposed amendments to the MPAH, staff is recommending the' following: a. Deletion of asegment of Gilbert from the MPAH between Crescent Avenue and Lincoln Avenue; b. Reclassification of State College Boulevard between Lincoln Avenue and SR-91 from a Primary Arterial Highway to a Majpr Arterial Highway (6 lanes); c. Connection of Lewis Street to Gene Autry Way; 11` Slaff Report to the Planning Commission April 19, 2004 `Item No. 6 i' d. Reclassification of Tustin Avenue between SR-91 and Lincoln'Avenue from a MajorArterial ' :Highway; (6 lanes) to a Primarygrterial' Highway (4)anes); e. 'beletion of the Fairmont Boulevard overcrossing at SR-91; F. Reclassification of Santa Ana Canyon Road between Imperial Highway and Festival Drive 'from a MajdrArterial Highway (6 lanes) to a PrimaryArterial Highway (4'lanes); g. Reclassification of Santa Ana Canyon Road between Lincoln Avenue and Lakeview Avenue ' from a Major Arterial Highway (6 lanes) to a Primary Arterial Highway (4,lanes); h. Reclassification of Santa Ana Canyon Road between Weir Canyon Road'and Gypsum Canyon Road from a Major Arterial Highway (6 lanes) to a Primary Arterial Highway (4 'lanes); i. .beletion of Santa Ana Canyon Road from the MPAH between Gypsum Canyon Road and Coal Canyon Road; : j. Reclassifidation of Gypsum Canyon Road between Santa Ana Canyon Road and the SR-91 from a Major Arterial Highway(6 lanes) td a Primary Arterial Highway; k. Deletion of Gypsum Canyon Road From the MPAH tietween SR-241 and Santa Ana Canyon '.Road; I. Reclassifidation of Weir Canyon: Road between the existing terminus and SR-241 from a Major Arterial Highway (6 lanes) to a Primary Arterial. Highway'(4 lanes). (17) Citystaff has been working closely with OCTA staff regarding these proposed amendments. It is '' anticipated that the OCTA Board dfDirectors will consider the proposed MPAH amendments at their May 10;:2004 meeting. (1 S) In addition to these items; the Circulation Element also incorporates' a new Bcurl=. Master Plan which serves'as a policy document to guide the development and maintenance .: a bicycle network, support facilities'and other}elated programer Policies within the Master PIarT address important issues related to the City's bikeways; such asplanning, community involvement, utilization of existing resources, facility design;. multi-modal integration, safetyand education, ~ support facilities as well as specific'programs; implementation, maintenance and funding. GREEN ELEMENT: (19) The proposed Green Element combines the Open Space', Conservation and Parks, Recreation and Commuhity Services Element5into one document'The overriding purpose of the Green Element is to combine all of Anaheim's openspace, conservation,7ecreatiortand landscaping resources into one comprehensive; integrated Element. Rather than separate these components,.:. the'Green Element recognizes their interrelationship and builds upon it with the inclusion of a "Green Plan." The objectives of the Green Plan are to: ', • Expand' public parks and open space amenities; ' a Improve the City's trail and tricycle network for local and regional connections, a Beautify arterial corridors with landscape plans, etlge treatments and gateways,.' 12 Staff Report td the Planning Commission April 19, 2004 Item No. 6 o ' Use existing opportunities, such as easements, vacant land and the Santa Ana River to exparid'accessible'open space and recreation opportunities; and e Address: the important areas of water conservation; water quality, air quality, biological resources, energy°conservation, waste management and recycling. - PUBLIC SERVICES AND FACILITIES ELEMENT: (20)' The Public Services and Facilities Element is a new component of the General Plan. It is intended to identify various goals, policies, and programs concerning,the provision of putilic services and facilities, including the following: fire protection and emergency services, police services, electric utilities; water utilities, sanitarysewer system, storm drain system, solid'waste disposal, private utilities, municipal fire optics irifrastructure; overhead power lines and facilities siting schools; libraries, community centers and bultural facilities, aritl neighborhood improvement services. GROWTH MANAGEMENT ELEMENT: (21) The Growth Management Element is`required if the City is to receive funds for transportation improvements under Measure M. The Element also implements applicable goals of the Orange County Congestion Management Plan: The revised Element is intended to ensure that capital facilities planning meets the needs of current and future residents and businesses. It fulfills the mandates of Measure M -the Revised Traffic Improvement and Growth Management Ordinance passed by a Countywide initiative in 1990 -which allocates sales taz Fevenue to' local jurisdictions and Orange County for transportation improvements. SAFETY ELEMENT: j (22); The purpose of the Safety Element into identify potential hazards that can significantly impact the City; provide policies to minimize potential dangers to residents, workers, and visitors, and to reduce the level of propertyJoss due to a potential disaster; and, identify ways o respondtp crisis situations. (23) This Element specificallyaddressespotential threats related to fire hazards, geologic and seismic hazards, flood hazards, arid serves to address disaster preparedness. The Safety Element provides background information related to each`issue and identifiesrisk-reduction strategies, hazard: abatement measures, and potential hazard locations within the City that can ultimately be used while making future land use decisions. Included policies address ways to minimize any economic disruption and accelerate the City's?ecpvery fpllowing a disaster. NOISE ELEMENT: (24)' The Noise Element is a comprehensive approach towards incorporating noise control in the planning process: It is a tool for achieving and maintaining environmental noise levels compatible with .land use. The Noise Element identifies noise sensitive land uses and noise sources;'and defnes areas of noise impact. The Element establishes goals, policies, and programs to ensure that Anaheim residents will be protected from ezcessivenoise. ECONOMIC DEVELOPMENT ELEMENT: (25) This Element provides the policy framework to assist in business retention, expansion and attraction, and also enhance the City's ongoing redeveldpment and revitalizatioh efforts: It also 13 Staff Report to the Planning Commission April 19, 21)04 `Item No. 6 provides policy guidance in the areas oFjob training and educations The policies in the Economic Development: Element fielp to ensure sufficient revenue to support various pity-based programs : arid services. `r COMMUNITY DESIGfV ELEMENT: (26) The'Community Design Element contains policies aimed at strengthening community appearance< and identity through a variety of design goalsand policies. Community design is addressed on the citywide level, the district level and neighborhood level, covering a broad Yange of topics including: arterial street design, historic preservation, signage, mined-use developmentj'activity centers and neighborhood commercial centers. CORRECTIONS AND'OMISSIONS: (27) Following distribution of3he Draft General Plan document and review by staff`and other interested' persons, certain errors or omissions have been identified which are listed in Attachment 2. RECOMMENDATION:'! (28) Staff recommends that, unless additional or contrary information is received during the public hearing, and based upon he evidence submitted to the Commission, including the evidence presented in this staff report, and offal and written evidence presented at the public hearing, the Planning Commission adopt the attached draft resolution, Attachment 14 -A{ recommending that the :City Council adopt General Plan Amendment No. 2004-00419. for the comprehensive General% Plan Update based on the findings contained`ih the attached draft resolution and including the corrections and omissions addressed in Attachment 2 (Refinements and Clarifications)`to this staff report dated April 19; 2004. .s~ i ' 14 Staff Report to the Planning Commission ' April 19, 2004; Item No. 6 SECTION II -ZONING CODEAMENDMENT NO.2004-00029 BACKGROUND: (1) The Zoning Code was originally adopted in 1929 and has been updated a number of times over the years. (2) The purpose of the Zoning Code update is to: a. Implement the Land Use Element of the new General Plan. b. Assure that everyone using the Code will easily find the land use'and development information they are seeking. c. Update the land uses and standards to reflect the many development factors and design trends which: have changed over time, contributing to the need for a comptehensive Code update. A focus on the quality and desigh of future development is especially important. d. Assure that the Code complies with recent state statutes and other applicafile laws. (3) ' In October 2003,! presentations were made to both the Planning Commission and City Council regarding the direction being taken by the comprehensiveGeneral Plan and Zoning Code update. A presentation was also made to the Anaheim Chamber of Commerce in November 2003': (4) Draft chapters of the updated Zoning'Code have been circulated for review to Planning Department managers as well as the City Attorney's Office: Additionally, certain sections were circulated to other appropriate city departmenf staff for review and comment. DISCUSSION`. (5) Format. The overall formaf of the Zoning Code has been revised to make it easier to use: Charts and tables have been added to identify development standards and"permitted' land use ',' categories. In addition, specific businesses such as machine and cabinet shops are nolonger individually listedt Instead; broad lantl use categories such as "Industry-Limited" are used to coversuch businesses, and a new chapter; Types of Uses, has been added to provide guidance for determining,the specificvses that fall undereach category. The Code alsd includes other new chapters and a new numbering convention. (6) ; Zoning Classifications. Most of the zone classifications (or districts) in the current Code have been' ~e-named except for Specific Plans and'certain overlay zones,%Attachment 4 (Existing-to- New-Zpnes) is a chart identifying the hew zone classifications as well as the retained classifications. Some zones have been eliminated and several newzones have been added. The ofiart also provides a brief summary of thepurpose and intent ofeach zone. (7) ' Organization. The most frequently used chapters in Titled 8 are located at the front of the Code, as shown in Attachment 5'(Table of Contents).;Similarzcnes are grouped into one chapter instead of a separate chapter for each zoning district. For example,'all single-family residential zones`are in the same chapter. Zoning actionssuch as conditional use permits; variances, reclassifications and geheFal plan amendments are addressed in individual chapters and' a 15 .'Staff Report to the Planning Commission April 19 2004 Item No. 6', Procedures chapter covers all the"general procedural requirements. Definitions have been moved to the end of the Code. (8) Graphics. Where appropriate, graphics have been included to illustrate, by example, code requirements and definitions. All graphics are located at the end of the applicable chapter, and ih' the electronicversion oEthe Code; v/ords or phrases within the tent provide inks to the graphics. (9) New Zones. Seven new'zone districts have been added as a partof this comprehensive update in order to implement new General Plan land'use designations. THey are as follows: a. C-R (Regional Commercial) implements the Regional Commercial land use designation in the General Plan. The: intent of the C-R zone is to serve a largerarea than would be served by heighborfiood commercial centers. An example ofa C-R use is 'big box retail.' b. C-NC (Neighborhood Center Commercial) implements the Neighborhood Center lahd use i designation. The intent of the`zone is to serve the surrounding; neighborhood by providing ..'convenience uses such as grocery stores; small retail shops;. hair salon§ dry cleaners and restaurants. a O H (High Intensity Office) implements the Office-High land use designation. The intent of the zone is to provioe for moreintense office development having at least four stories and which is located in concentrated urban areas such as The Platinum Triangle around the Anaheim Stadium aril other activity centers such as the Nortb Orange County Community College located southwest of the SR-91/Riverside Freeway and Euclid Street. d. RS-4 (Single-Family Residential) implements the Low-Mediumbensity Residential and Low- Medium Hillside Density land use designations. The zone is intended toprovide additional housing options in the form of projects containing small lot detached single-family dwellings. Under the oument Code such projects are ypically processed using the RM3000 (new RM-2) zone standards because the City does not have a more suitable zone with appropriate development standards. e. RM-1 (Multiple-Family Residential) will implement the Corridor Residential land use .designation in the General Plan, The zone is intended to facilitate conversion of underutilized strip commercial areas to housing. Typical projects anticipated under this zone are attached single-family units w(th vehicle access from an alley or other roadway to the rear. y~ f. SP (Semi-Public) implements the Water, School, and Institutional land use designations. Thee. zone is intended to provide focuses thaY,support civic, governmental, cultural, health, !educational and recreational uses in the'dommunity.` g. (MU) (Mixed Use Overlay) implements the. Mixed Use land use'designation. This zone is mtended,to provide for development of a combination of residential and commercial and/or office uses in specific areas throughout the City as designated on the General Plant i (10) Implementation of New Zones. Any new zone hat is created as a part of this comprehensive Zoning Codeupdate will' hot impact existing property tiecause the City is noY proactively: redlassifying any property into a new zone. Such zones will not be effective uhtil property owners or the City initiates reclassifications in accordance with the General. Plan landuse designation and rezoning ordinances are adopted. 16 Staff Report to the Planning Commission April 19, 2004` Item No. 6 (11 p Eliminated Zones. Several'existing zone classifications are out-dated and are' no longer, applicable to new development or are inconsistent with existing uses, All such zones arebeing eliminated and replaced with more appropriate zone districts. The zones being'eliminated are as follows: a. PD-C/RM-2400 (Parking District-Commercial/RM-2400 (Residential, Multiple-Family)f; This zone permits open parking lots and any uses permitted in the RM-2400 zone. With one exception, all the properties zonetl PD-C/RM-2400 are;developed with apartmants. The exception is'a church.. This zone'will be replaced by the RM3(existing RM-2400) zone. b. PD-C (Parking District-Commercial). This zone permits open parking lots and any uses permitted in the RM-1200 (Residential, Multiple-Family) zone. Properties in the PD-C zone are developed with a variety of land uses including industrial, commercial; single-family and multiple-family residences, and parking lots: The PD-C zone will be replaced with the "T" (Transition);zone untigi as an implementation action following adoption of the comprehensive General Plan and Zoning Cade, reclassifications are initiated for appropriate zoning for each specific property based'on existing uses, surrounding uses andahe General Plan land use designation. c. PLD-M (Parking/Landscape District-Manufacturing). This zone permits landscaping and vehicular adcessways'and was intended to be used ih'conjuncton with ML'(Limitetl Industrial) ;` and MH (Heavy Industrial) zoned property.'Only one small areain the CityJocated on the east side of Harbor Boulevard between the Anaheim Resort and the south city limits, is zoned PLD-M. As'part of the overall comprehensive Genera(Plan and'Zoning Code update; this 50-foot wide: area is proposed to be incorporated into the Anaheim Resort; Specific Plan No. 92-2 zone as discussed in Section IV of this;staff report. The area, which constitutes the west portion of a larger parcel of deal property fronting on Harbor Boulevard, is developed with parkingspaces. The adjoining land uses and zoning are commercial -Therefore; the PLD-M zone'will be replaced by the new "C-G" zone until, and if he recommendations discussed in Section IV (Amendment No. Sao the Anaheim Resort Specific Plan) are! approved. d. (O) (Oil Production Overlay). Current standards identified in Title 18 (Zoning) and Title 17 (Land Development and Resources) relating to oil production and abandonment of oil wells :apply throughout the City whether or not a'property is ocated within the Overlay zone: The !(O) Overlay;;which is dombined with base zones, is no longer necessary tiecause the' standards in the (O) Overlay have been incorporated in the new'Supplemental Uses'°chapter of he proposed Code. Furthermore, very few properties are actually developed with'oil production facilities and wells. As an implementation action following adoption of the new Zoning Code, a reclassification will be initiated on tfie (O) zoned`propertiesao remove the overlay from the base zones (which are typically residential). e. PC (Planned Community). The PC zone exists only in he Scenic Corridor and there are no zoning standards or land use limitations identified for PC zoning. Instead, `similar toahe procedures currently followed in connection'with Specific Plans, the reclassification approving the Anaheim Hills Planned Community Zone contains various Elements including Land Use and Housing; Circulation and Zoning. The Zoning Element identifies single-family residential, ' multiple-family residential or commercial zones and acreages foCspecific areas. Finalization of zoning for each area was subject to compliance witB several conditions including submittal of development criteria and final development plans hat show compliancewith the exhibits (such as the Zoning Element) approved in connection with the reclassification. Zoning to the R-1, R-2; R-3 and C-H zones (which are comparable to the existing. RS-7200; RM`-2400, RM- 17 Staff Report to the . Planning.Commission April 19~ 2004 item No. 6 :1200 and CL-HS zones) was adopted forat (east 21rseparate'parcels. The'PC' Planned Community Zone chapter can be deleted because projects built under that chapter were rezoned to specific base zones;' which are comparable to replacement zones in the'Zoning Code update. The PC zone is ho longer :needed because the base zones provideYor the existing use of the underlying properties. ' f. RM-1000 (Residential, Multiple-.Family). This zone provides for a density3hat is not 'supported: by the new General' Plan except for mined use projects that will be developed under theRew "MU".:Overlay zone in designated areas. The former Lincoln Landfill site is the only property in the City zoned RM-1000 and it is largely owned by the Redevelopment '.Agency. The majority of the site is vacanf and undeveloped (except for the southeast 'portion) and the Community Development Department is working with a'developer regarding future commercial development; The southeast portion is developed with an apartment project that was constructed ata densityof approximately 20 dwelling units per acre. Therefore; he RM-1000 zone will be replaced by the new RM-4 (existing RM-1200) zone to reflect therbnly existing land use and developmenfoh the site. ' g. CL-HS (Commercial, Limited -Hillside). The existing CL-HS zone provides for neighborhood commercial centers ih hillside areas oh sites of two to three and one halfacres inisize. Currently it applies to' one property Ipcated in the Scenic Corridor, which is zoned CL-HS(SC) "Commercial, Limited:- Hillside/Scenic Corridor Overlay." The'zone allows limited neighborhood service. uses such as beauty shops, markets, and clothing<and hardware stores. Since businesses on commercially-zoned property iKthe SceniciCorridorore .'restricted by the (SC)"Scenic Corridor Overlay" zone, a separate commercial zone: relating to hillside areas in the City is no longer necessary, The combination of the new C-G zone with `the (SC) Overlay willserve the same purpose for this propertyand, therefore, the'CL-HS .zone is being incorporated into the new C-G (General Commeroial) zone:` Ultimately, the property could potentially be reclassified to the "C-NC" (Neighborhood Center Commercial) 'zone. h. CG (Commercial, General). The CG zone' allows similar uses to the CL (Commercial, `Limited) zone. Although the zone does not require a landscaped setback along street "frontages„it does specify that 66% of any CG-zoned`propertybe used for`surfaceparking whereby severely limiting lot coverage and permitted construction. Although a zero setback scenario may be appropriate irc ome areas, most of the properties thatare zoned CG would benefit from the enhancement that a landscaped setback provides. Furthermore, It has been ahe Planning Commission's policy since April 1989 to consolidate whenever possible 'properties that are zoned CG and CH (Commercial; Heavy) into the CL (Commercial, Limited) zone. Therefore, the GG zone will be replaced by the new "C-G" (General 'Commercial) zone. i. CH (Commercial, Heavy). Most of the uses permitted in the CH zone are also permitted in the CL zone. Similar to the CG (Commercial, General) zone; the CH zone has no street setback requirement, 66% of any CH-zoned property must be used for surface parking, and it bas beenwhe city's policy for the last 14 years to consolidate CH-zoned properties into the CL (Commercial, Limited) zone whenever possible, An evaluation of the permitted and': conditionally permitted uses in his zone indicates that given the changing nature of Anaheim's commercial corridors; it is no longer appropriate ornecessary to have a commercial: zone which permits;; by right,'some of the more intense and industrial types of ' uses suchas automotive repairand servicing, and ice storage. Therefore, the CKzone will be replaced by the new "C-G" (General Commercial)'zone. 18 Staff Report td the Planning Commission April 19, 2004'- Item No. 6 j. MH (Heavy hdustrial).' An evaluation of thepermitted and conditionally permitted uses in the MH zone indicates that many of the uses are also listed in the existing ML;(Limited Industrial) zone. The N1H zone also permits'heavy industrial uses such aspotash works and brick manufacturing, which are no longer appropriate for the type of Industrial development that is taking placei in Anaheim. Furthermore, there have been no requests for heavy industrial uses fodsome time. It is proposed to consolidate: the existing MH zone with the ML zone in;the new "I' (Industrial) zone, where certain business that ate currently permitted by right in the MH zone wilL'require a conditional use permit because pecial operational'cdnditions'are applicable to'such uses to ensure'compatitiility with adjacent land uses. (12) ; Sinole-Family Residential Zones. Permitted encroachments for single-family zones have been clarified to specifically address the type of encroachment and the amount of encroachment permitted. The current Code does not list manyof the accessory structures that are being: requested by hdmeownerssuch as pool slides,'play equipment and storage sheds, whicti'may adversely impact,adjacentUSes and the neighborhood. Additionally,' he new RS-4 zone, discussed in paragraph n¢j(9) above;. has beenicreated td`accommddate single-family residential development onsmaller lots where the potential impact of'encroachments is greater. (13) Develooment Standards imSingle-Family Residential Zones. Modifications to the required setbacks and other development standards in the single-family zones. are proposed as indicated in Attachment 4`(Existing-td-New-Zones). Mosf of the development standards for the single- family,zones will not change. Setbacks in the hillside zones have been increased by five;(5) feet; however, the maximum permitted height has also been increased byfive (5) feet. This slight increase in setback brings the front and rear setbacks for the hillsidezones closer to the setbacks required for the other single-family zones in the: Gity. The new RS-1! (existing RS-10,000): zone includes a maximum 30-foot cap on the front setback whereas the existing Code requires: that the minimum front setback be 25% of theilot depth,no matter how deep the lot. Setbacks for the RS- 3 (existing RS-5000) zone have beenslightly increased; however, the maximum permitted lot coverage has also been increased and the limitation on the number of bedrooms has been eliminated, thereby allowing much greater flexibility for homeowners planning to`remodeL !Staff anticipates that the modification of these two standards will. result in fewer waiver requests for additions to single-family homes. The; required street setbacks for reversed corner lots and normal oorner lots with a reversed building frontage have been reduced for most zones as well. (14) Multiple-Family Residential'Zones. The multiple=family zones have been revised in terms of permitted uses. Ane change involves the construction of detached stngle-family units. Under the current Code, smaA lot detached single-family units are permitted subject to a conditional use permit in the RM-2400 and RM-3000 zones. Under the new Code, detached single-family units are only permitted within a housing developmeht hat alsoincludes attached single-family units. Since a new single-family residential zone (RS-4) has been created td specifidally permit small lot detached single=family development,'staff believes that detached single-family,units shoultl no Ipngecbe permitted in multiple-family~esidential zones unless such dwellings are part of a comprehensive project where the majority of units are attached. (15) Develooment Standards in Multiple-Family Residential Zones. The development standards for the multiple-family zones have beertsignificantly changed.'The standards have not been comprehensively updated In many years and the existing standards are sometimes diffidult to understand and implement.:: In addition, the standards do not necessarily result in the quality of development that'is desirable and compatible with the community. Staff worked with the Community Development DepartmenYand theirconsulting architect td create new standards that focusdn the livability and design of multiple-family structures. A significant change is the maximum permitted structural height Current Code allows maximum 2-story buildings and the 19 Staff Report to the Planning Commission April 19,.2004 Item No. 6 new Code willallow up to 4-stories by conditional use permit. Additionally, certain standards that' have typically;been granted variances in connection with new development Rave been amended toavoid future waivers. (16) Commercial Zones, The'!existing CG (Commercial, General) and CH (Commercial, Heavy) zones _ have been eliminated and two new'zones have been created. The proposed'Code includes a modified "C-G" (GenerafCommercal) zone which basically replaces the existing CL (Commercial; Limited) zone and also replaces the CG and CH zones. To implement the new General Plan,: two new zones, "C-R" (Regional Commercial) and "C-NC" (Neighborhood Commercial Center), have been created. Tfte "C-R" zone is intended for the City's large regional commercial centers sucft as Anaheim Plaza; the Festival and Anaheim Gateway. The "C-NC" zone is intended for neighborhood' erving commercial centers butfiot for `ship' commercial centers. (17) Setbacks in CommerciabZones. Street setbacks for the modified "C-G" zone' have increased sligfitly in comparison to the existing CL zones Interior setbacks remain the same with"the exception of the required etback`abutting any residential zone. Under the current Code, a minimum 10-foot wide landscaped'setback is7equired; !however,'an additional height restriction on the building! requires hat the building height not exceed one half ('/s) the setback between the r building and the adjoining residential zone. Therefore, with a 20-foot wide setback, only a 10 foot higfi structure could be permitted. Under the'new Code~'a minimum structural setbackof 20 feet ;' is required but: asingle-story building up to 20 feet high'is permitted at the setback line. New setbacks havebeen created for thenew "C-NC" and "C-R" zones. ": (78) Industrial Zones. Over time there has been a change in the type of industrial uses that are proposed and'operating throughout he City. ',Many of the heavy industrial uses that are permitted by conditional use permitin the MH.'(Heavy Irttlustrial) zone no longer exist, or are not being requested. An'analysis of the permitted and conditionally permitted uses in both the ML (Limited Industrial) andlMH zoneswas conducted to determine which useswould be excluded if he MH zone were eliminated. Staff found that most of the heavy industrial' uses, in addition to not being requested, are'no longerappropriate given the changing'characterofthe City's industtial areas. Additionally, most of the land uses that are permitted or conditionally permitted in the MH zone are `also permitted or conditionallypermitted in the ML zone and, for that reason, staff proposes elimination ofthe MH zone and combining it with the MEzone in the new "I" (Industrial) zone. (19) DeveloomentStandards in the Industrial Zone: No changes are proposed to the required structural setbacks in the industrial'zone; however, the'~equired landscaping for street setbacks is increased by ten 10 feet along arterial highways (from!10 to 20 feet) and by five (5) feet along local: and collector streets (from five: to 10 feet). A number of the City's new industrial buildings have wider structural setbacks than; required. by the current Code, and staff finds that such wider landscaped setbacks provide a notjceably enhanced look along the City's arterial corridors. Another change is that all: outdoor storage areas must be located towards therear portion of sites rather than in front of buildings where such storage is readily visible: (20) Pu61c and Soecial Purpose Zones. The "(OS)" (Open Space), "PR"- (Public Recreation); "SP" (Semi-Public) and "T" (Transition) zones are'all located in the chapter titled "Public and Special Purpose Zones." No significant changes are proposed to the "(OS)" and "PR'! zones. The "SP" zone is a new zone intended to implement thee: Water, School, and Institutional land use designations of the neW General Plan. The "T'' zone, which replaces the RS-A-43,000 (Residential/Agricultural)`zone, is not considered a residential zone'. 20 Staff Report to the Planning Commission April 19, 2004 Item No. 6 (21) ResidentiaflAgricultural Zone. The existing RS-A-43,000 (Residential/Agricultural) zone has been re-named the "T±', (Transition) zone td better represent the intent of the zone. Tfie'T" zone will serve!as a holding zone for properties that are used for agricultural purposes, are restricted to limited uses because of special conditions, are a transitional or interim use, or'are not dtfienvise zonedto another zone district forwhatever reason including being part of an abandoned public right-of-way. All'existing RS-A-43,000 zoned parcels have been identified andfollowing;site inspections, wit(be analyzed in the context of the new General Plan, the existing uses, and the surrounding zones and uses to determine the most appropriate zone'for each parcel (currently, a number of properties are developed with residential uses}; Then, as an implementation item, reclassifications will be initiated to rezone such parcels, where appropriate. The currentl2S-A- 43,000 zone is treated as a residential zone but the repladement "T' zone will. got be considered 'residential,' which will reduce the minimum settiack requirement foradjoining non-residential uses. 'For example, a number of RS-A-43,000zoned parcels are developed with churches, a nonresidential use, but waivers of the required'setback were processed when other nonresidential uses were proposed on adjacent property. Changing the classification for the "T" zone from 'residential' to 'non-residential' will avoid this issue. (22)' Scenic Corridor. Several modifications were made to the Scenic Corridor Overlay zone. The signage provisions have been modified to bring he requirements for freestanding signs closer to what is permitted elsewhere in the City, The specimen tree removal'provisions have been. modified to add more detail regarding the protection of specimen trees, and ttie size and number of required replacement trees have been adjusted to mere closely reflect recent actions taken by the City. The maximum permitted height of single-family residences;has been ncreased,tiy five (5) feet which is consistent with recently approved variances. (23) Mixed Use. Oneof the new zone districts is the "(MU)" (Mixed Use Overlay) zone. This Overlay will implement the Mixed Use land use designation in the new General Plan and will apply3o various sites citywide but, is separate from the effort currently under way in The!Platinum Triangle. A combination ofcommercial and residential uses is required underthis zone, with a minimum density of 36 dwelling units per acre do a minimum three (3) acre site; A conditional use permit is required for all projects'and development standards can be modified through the conditional use permit process. (24) Specific Plans. All SpecifidPlan chapters have been re-numbered so that cross-references between chapters in the Code are correct. With the exception of The Disneyland Resort, Anaheim Resort;` NortheasYArea, and The Summit of Anaheim HiIIs,Speciric Plans, no changes to existing specific plans are proposed under the Zoning Code update. The Disneyland Resort and Anaheim Resort Specific Plans were updated to provide for streamlined project processing, consistency between the two specific plans, additional clarity and refined signstandards.'An expansion of Tfie Anaheim Resort and associated changes to the Anaheim Resort Specific Plan (Amendment No: 5 to the Anaheim Resort Specific Plan) are discussed in Section IU of this staff report.' Changesto the Northeast Area Specific Plan are djscussed in Section V. The Summit of Anaheim Hills Specific Plan has been'fully incorporated into the Zoning Code, replacing the existing format whereby reference is made to tfie development standards whicft'are contained in a separate Specific Plan document, The Mountain Park Specific Plan is currently being revised and will be submitted to Planning Commission for consideration at a later date. (25) Special Events Permits. Several additions have been made to the special events provisions of the Zoning Code4 Businesses located in the "Tile Mile" area along State College Boulevard will be permitted to have limited promotional events.` In addition, banners will be permitted for'grand opening' events for thirty (30) days using pne special event permit, in addition td the four special events otherwise'permitted'per calendar yeas 21 Staff Report to the Planning: Commission: April 19,.2004 Item No. 6 (26) Su~olementaf Uses. A variety of accessory uses will be'specifically permittetl by the Zoning Code. Food darts, which currently; Fequire aconditional use permit; will be a permitted'accessory use for home improvement stores and hospitals without`any discretionary review, provided that the cart location complies with established `criteria. (27) Parkins. Minimal changes have been made to the parking and loatling requirements. New graphics have been added to clarify standards. Other notable changes include deleting the requirement for coveredjparking in apartmenfprojects, and placing attached single-family dwelling units'under the same parking requirements as detached single-family homes.'Under thee. current Code,: attached single-family dwelling units have the same parking ratios as apartments. ' (28) Sidns. Several modifications were made to the sign chapter The following are some fiighlights. a. Murals visible to the' public right-of-way will be permitted subject to approval of a conditional use permit. h. 'A sign program will be required for large developments and commercial centers to ensure sign consistency throughout such projects. c. The number of tenant names displayed on freestanding commercial center identification :signs willbe limited.:: d. The size of permitted'freestandng and mdnument signs will be modified to ensure a more ::appropriate scale of signage relative to the length ofstreet frontage on the underlying property. e. The letter height and permitted number of wall signs will be limited to ensure a proper scale between the building elevation'and the amount of wall signage:: f. Greater flexibility wilt be permitted for text on'on-site'directional' signs. g. .The permitted square footage of window signs will be reduced h. ProvisionsYelating to awning signs will be clarified. ' i. .Permitted service station signs will be clarified. t~ j. Proper frnishes will be required for freestanding and monument igns, including routed-out letters andfinishes on can-type freestanding signs. k. Size of permitted freestanding and monument signs in the Sceriic Corridor will be increased to be moreconsistent with the rest of the City, and the number of permitted wall signs will be hcreased for certain'building configurations. (29) Landscaoino and Screening. The landscaping ections of the Code and fencing requirements ' have. been consolidatedinto one chapter, "Landscaping and Screening." Additional landscaping details are provided to better guide the type of landscaping expected for new;projects. Maintenance provisions Rave beerYadded to ensure that andscaping is property maintained following installation. Fencing requirements are largely the same with the exception of standards' relating to screening of outdoor uses. Specifically, chain ink fencing with slats will no longer be permitted to screen outdoor storage that is located where the fencing is visible to a public right-of- 22 Staff Report to the Planning Commission April 19, 2004'. Item No. 6 way. i Staff hasfound that chain link fencing with slats does not adequately screen materials because the slats leave openings that allow the stored materials bentnd the fence to be readily discernable. (30) Nonconformitier The nonconforming regulations have been significantly enhanced to provide direction regartlng various<honconforming situations. Further, as currently specified by the Zoning Code, any use or building made nonconformmg by;a change'in zoning;or development standards may: continue to operate under most circumstances but cannot change to another use or be expanded. To give property owners some flexibility regarding improvements or enhancements to nonconforming uses or structures (and which improvementscomply with the provisions of the Underlying zone), the new Code includes; procedures wherebya nonconforming use may change to another comparable use, and a minor floor area expansion may be permitted for a nonconforming building. (31) Affordable Multiple-Family Housing. A new chapter in the Zoning Code, "Affordable Multiple- Family. Housing Developments," provides incentives to include affordable housing in market rate apartment projects. Incentives in the form ofwaivers' of certain Cotle requirements are'allowed without requiring a public hearing, with the exception of buildings over three (3) tories in height. (32) Effective Date of New Zoning Code. Based on the currenYschedule,«rit is anticipated thafthe proposed Zoning'Code will'be considered by the: City Council on May25, 2004: If an ordinance is introduced at thel same meeting, theordinance could be adopted a€tfie next scheduled Council meetirig on June; 8, 2004. Followingthe 30-day; referendum period,;the new Zoning Code would take effect on July 8, 2004. i Certain projects submitted to he City prior to that date (July 8; 2004) may continue to'completion subject to existing development standards in effect on July 7 2004, if they satisfy one'of the following; a. Any project that received a valid building permit as of 5 p.m. on the day before the effective date of the ordinance shall be permitted provided thaYCOnstruction shall have commenced and shall be'completed within a period oF365 days from the date'the building permit was issued, unless said time period is duly extended by the Building Official, b. Any project that is in plan check as of 5 p.m?on the day before the effective date of the ordinance, shall be permitted provided that a valid building permit shall have been obtained within a period of 180 days from the date of the ordinance and oonstructionshall have commenced' and shall be completed within a period of 365 days'from the date the building ..,permit is issued,. unless said timeperiod is duly extended by the Building Official. a Any zoning entitlemenf(Administrative Adjustment, Conditional Use Permit; Tentative Parcel Map, Tentative Tract Map, Variance, etc.),that has been approvetl by thePlanning Commission; City Council or Zoning Administrator asof 5 p.m, on the day before the'effective date of the ordinance, shall be permitted provided that'such project shall have commenced within the time limitation specifiedin the Resolution adopted bythe Planning Commission or the City Council, or in he Decision if approved by the Zoning Administrator; unless said time period is duly extended; by the approval authority; antl if a building permit is; required,e construction shall have commenced and shall be completed within a period'of 365 days from the date the buildingpermit is issued, unlesssaid time period is duly extended by the Building Official. Previously-approved entitlements Which expire after the effective date of the ordinance and are nofgranted an'extensio~ of time by the approval authority shall be subject to the new Zoning Code. 23 Staff Report to the Planning Commission April 19, 2004 item No. 6' d. Any zoning entitlement (Administrative Adjustment, Conditional Use Permit, Tentative Parcel.: :Map, Tentative Tracti Map, Variance, etc:) that has been submitted to the Planning Department and is tleemed complete by staff as of 5 p.m. on the day before the effective date ' `of the ordinance, shall be permitted provided that the proposal is approved or conditionally approved,by the Planning Commission,'City Councilor Zoning`Administrator; and that such r project shall have commenced'withinthg time limitation specified in the Resolutiomadopted by the Planning Commission or the City Council, or in the Decision if approved by the Zoning Administrator, unless said time :period is duly extended by the' approvalauthority; and if a building permit is required, construction shall have cdmmenced and shall. be completed within: is period of365 days from the date the building permit is issued, unlesssaid timeperiod is tluly extended by theBuilding'Official. (33) Implementation Plan. AS noted earlier in this`staff report, implementation actions in the form of reclassifications are planned as a result of three existing zones tieing either eliminatedbr significantly modified: "PD-C' (Parking Dist~idt-Commercial), "RS-A-43,000" (ResidentiallAgricultural)'and "(O)" (Oil Production Overlay). In the case of properties that are currently zoned PD-C or RS-A-43;000 (both'of which will be replaced by the'?T" Transition zone),`. the underlying?uses, the: surrounding zones and uses, and the General Plan: land use designations are varied such that no single zone is appropriate fo~all the properties. Following investigation and analysis by staff„appropriate zones will be identified for each parcel based on its characteristics, and reclassifications will ba initiated to rezone the parcels.where needed. In the case of the,(O) Overlay zone where the underlying zones and'uses vary,;the standards in the; existing Overlay are being relocated to a section titled "Oil Production' in thenew "Supplemental Uses' chapter because oil production and oil well abandonment procedures'apply to all'zones throughout thepity wherever such activities may occur. ?A reclassification will: be initiated to remove the (OJ Overlay while leaving the underlying zoning intact (for example, reclassifying certain properties from the "RS-3 (former RS=5000) - (O) Overlay";:zone to the "RS-3" zone), !. (34) Follow-uo. It is anticipated that given the complexity of this comprehensive Zoning Code update, ' follow-up actions to further clarify the Code may be necessary in tFre future. 'Although every effort was made to provide themost clear:.. and precise information in the'new Code, the impact of the new format and any new standards will not be known until development proposals based on the new Code are'submitted to the City: Staff intends to propose future modifications where necessary to address such issues. CORRECTIONS AND OMISSIONS: t (35) Following distribution of the Draft Zoning Code document and review by staff and other interested: persons, certain errors or omissions were identified which are listed in Attachment 6 (Refinements and Clarifications) and are summarized as follows: a. ,Typographical, spelling and numerical errors including incorrect Code section numbers and `references; b. Words or text that was inadvertently omitted; o. Clarificatidn of text that was difficult to understand; d. Revisions to text consisting ofadditions or deletions, and e. Modification to graphics to clarify the intent of the Code. 24 Staff Report to the Planning Commission April 19, 2004 Item No. 6 RECOMMENDATION: (36j' Staff recommends that, unless additional or contrary information is received during the public hearing, and based upon3fie evidence submitted to the Commission! including the evidence presented in this Staff Report, and oral and written evidence presented at the public hearing, the - Planning Commission adopt the attached draft Resolutioh'Attachment 14 - B; recommending that the City Council adopt Code Amendment No. 2004-00029 for the comprehensive Zoning Code update based on the findings bontained in the attached draft Resolution;i and including the corrections and omissions addressed in Attachment 6 (Refinements and Clarifcations) to this Staff Report dated April 19;2004. ;~ 25 Staff Report to the Planning Commission: April 19; 2004 Item No. 6 SECTION III - RECLASSIFICATION NO.2004-00117 BACKGROUND: (1) The 663-acre £ypress Canyon Specific Plan. (including'Zoning and Development Standards and a Public Facilities Plan);was approved by City Council on April 21,:1992 to provide for the developmenfof 1,550 dwelling units, a neighborhood commercial center, a fire station;`an elementary school, an electrical substation site, a neighborhood park and open space. '' (2) In 1995, the property was subdivided into two parcels including Parcel A (identified as the 15-acre Parcel Map No. 94-205) and Parcel B (encompassing the remaining 648-acres in the Specific Plan area): Parcel B was subsequently purchased by the State of Californiafor permanent open space uses as part of Chino Hills State Park: Parcel A; which is identified on the Cypress Canyon Specific Plan as bevelopment Area 12 (permitting up to 140 dwelling units under the RM- 2400 zone provisions),. is located immediately'adjacent to the Mountain Park Specific Plan boundary and remains in'private ownership;' An exhibit depicting the location bf the twoparcels is provided in Attachment? o this`staff report. (3) As part of the' General Plan Update; the Cypress Canyon Specific Plan area was originally proposed to tie redesignated to the Open Space designation in recognition of the majority of the site being a part of the Chino HiIlsState park After further consideration and in recognition that Parcel A is privately owned and not a part of the State park, staff is now recommending hat Parcel A be redesignated) to the Low Medium Density Residential designation with a maximum density of up to 140 dwelling units, the same density permitted for the property as partof the Cypress Canyon Specific Plan Development Area 12 provisions and that Parcel B be redesignated to Open Space (this change is identified inthe General Plan refinements in Attachment 2 to this staff report). As noted above, Parcel A is adjacent to area encompassed by ; the`Mountain Park Specific Plan, and would tie consistent with the'anticipated proposal to designate the Mountain Park Specific Plan area for Low Medium Density: Residential land uses. DISCUSSION; (4) The subject reclassification request would reblassify Parcels A and B from the Cypress Canyon Specific Plan zone to, respectively; the RM3 zone (which is equivalent to the existing. RM-2400 P ,~ zone) with up to 140 dwelling units and the OS (Open Space) zone to implement the proposed General Planland use designations. (5) It should be noted that the proposed Zoning Code doeshot include a Chapter on the Cypress Canyon Specific Plan zone in recognition ofthe subjecFrequesf to reclassify the Specific Plan area to the RM-3 and OS zones. `If this reclassification is not approved, the`proposedZoning Code would need to be revised accordingly. ` `(6) It sftould also be noted that any development proposal to implement the RM-3 zone on Parcel A would be reviewed in accordance with the requirements in effect at the time an application is submitted and apprdpriate environmental analysis would need to be completed in connection with the4equest. 26 Staff Report to the Planning Commission April 19, 2004- Item No. 6 RECOMMENDATION: (7) Staff recommends that unless additional or contrary information is received during the putilic hearing, and based upon he evidence submitted to the Commission;'including he evidence presented in this: Staff Report, and oral and written evidence presented at the public hearing, the - Planning Commission adopt the attached draft resolution'; Attachment 14 - C, recommending that the City Council'approve Reclassirication No.'2004-00117 to reclassify Parcel A to the RM-3 (Multiple-Family Residential) zone and ParceCB to the OS (Open Space) zone tiased upon the findings contained in the attached draft resolution (Attachment 14 - C). Staff also recommends that the Planning Commission, by motion, request the City; Council to consider the reclassification request concurrently with its consideration of the Fina(EIR No. 330; General Plan Amendment No!2004-00023 and Zoning Code Amendment No. 2004`-00029. 27 :Staff Report to the Planning Commission April 19; 2004 !Item No. 6 SECTION IV -AMENDMENT NO. 5 TO THE ANAHEIM RESORT 8PECIFICPLAN N0: 92-2 , r (SPN 2004-000231:: :BACKGROUND: (9) The City Council adopted the Anaheim Resort Specific Plan No 92-2 on September 27,':1994 to provide a long'}ange, comprehensive plan for future development of approximately 555`acres located within The Anaheim Resort: The Specific Plan includes zoning and'developmeht standards, design guidelihes and a public facilities planand permits the developmenfof hotels/motels„bonvention, retail and other visitor-servirig uses. Tfie zoning and development standards are set forth in the Specific Plan document and in Chapter 18.48 (td be renumbered to Chapter 18.1:16 as part of the Zoriirig Code Update) of the Anaheim Municipal Code. (2) As part of the General Plan Update; approximately 26 acres along Harbor Boulevard immediately:': south of the Anaheim Resort Specific Plartafea, between Orangewood Avenue and'tfie southern city limits (hereafter referred to as the expansion area);;are proposed to beYedesignated from the General Commercial lantl use designation to the Commercial Recreation land use designation to provide for an'expansiort of The Ahaheim Resort and development ofvisitor-serving uses within this area. (3) The boundaries of the expansion area, existing land uses and existing zoning designations are provided in Attachment 14 - D to this staff report. The surrounding and uses include abariety of ? commercial and residential uses within the cities of Anaheim and Garden Grove. DISCUSSION: (4) An amendment to the Anaheim Resort Specific Plan is proposed to incorporate and redlassify the 26-acre expansion area. into the Anaheim Resort Specific Plan zone consistent with the proposed' Commercial Recreation land use designation:` The proposed amendment would include the following actions: a. The subject properties within the expansion area are proposed to be reclassified from the CG (Commercial, General), CH (Commercial, Heavy)(CL (Commercial, Limited), PLD-M (Parking/Landscape bistrict-Manufacturing), and RS-A-43;000 (Residential, Agricultural) :zones to the SP 92=2 (Anaheim Resort Specific Plan) zone and incorporated into the f Anaheim Resort Specific Plan; C-R District with a Low Density designation (see Low Density description in subparagraph (4)b.i. below):: b. :The expansion area is proposed to be subject to the Anaheim Resort Specific Plan; C-R District zoning and development standards which' permit hotels and restaurants as permitted :primary uses under astream-lined Final Site Plan process. Hotels and Yestaurants which meet all of the requirements of he Specific Plan are scheduled as Report and Recommendation items before the Planning Commission and do not require a public hearing.'; Other visitor-serving uses are allowed by conditional use permit. As part of the Specific Plan Amendment, four zoning standards which4elate to the expansion area are proposed to be .added to the Specific Plan as follows (it sftould be noted that these proposed standards have been incorporated into the Zoning Code Update discussed in Section II' of this staff report): 28 Staff Report to the Planning Commission April 19, 2004 Item No. 6 i. Maximum Permitted Density -The Code would be amended to reflecfthe Low Density designation and would permit up to fifty (50) hotelmotel rooms per gross acre or seventy- five (75) hotel rooms per lotor parcel existing on the date of adoption of the subject amendment. Overall, this density would provide for up to 2,775 hotel rooms in the ? expansion area. It hould be noted thaf in order to encourage consolidation of parcels, - when parcels less'than an acre are combined, each parcel may retain its minimum density of 75 units`(i.e., twoparcels less than an acre each could be combined for a total density of 150 rooms). ii. Maximum Permitted Structural Height-:The Code would be amended to permit buildings within the expansion area tb have the same maximum structural height;as buildings in the existingfSpecific Plan area immediately north of Harbor Boulevard (up to approximately 230 feet); provided that the maximum Height within 150 feetof a residential zone would be limited to one-half the distance from he building to the residential zone boundary unless otherwise approved by a conditional use permit (i.e.,'a 50-footfiigh building would need to be located 100 feetfrom the residential zone boundary unless'approved otherwise per a conditional use permit).:.. iii, Setbacks Adjacentto Public Rights-of-Way -The Code would be amended to provide for the following setbacks: 1. Adjacent to Harbor Boulevard, Orangewood Avenue and,Chapman Avenue Buildings seventy-five (75) feet tall'or less would be required to have a minimum setback of twenty (20) feet and buildings greater than seventy-five; (75) feet tall would be required to`have a minimum setback of thirty (30) feet; 2. Adjacent to Acama Street, Mallul Drive and Wlken Way -Buildings thirty-five'. (35) feet tall or less would be'~equired to have a minimum setback of ten (10) feetand buildings greater than thirty-five (35) feet tall would be required to have a minimum setback of twenty (20) feet. iv. Legal Nonconforming Signs -The Code would be amended to set an abatementdate for signs which become legally nonconforming after the adoption of the Specific Plan amendment (legal nonconforming signs: are those!signs which were installed legally but no longer comply with the current code requirements). Thesigns would be required to be removed, altered or replaced 3o conform to the Anaheim Resort Specific Plan requirements fifteen (15) years from the: adoption of this Specific Planamendment, or December 31, 201:9, whichever is later. All of the7egal nonconforming Wall and ` freestanding signs in the existing Anaheim Resort Specifi6 Plan area were removed and replaced by December 31, 2002, resulting in improved sign'visibilitysnd enhanced aesthetics for the area. If this amendment is approved, staff would conduct a complete sign inventory for each of the properties in the expansion area to dpcument the type and location of existing5ignage. r c. The Speciflc'Plan Document would also beamended to incorporate an Addendum, which would include revised text, exhibits and zoning and development standards'associated with the expansion area. Abopy of the proposed Specific Plan Amendment Addendum is provided in Attachment 14 - D of this report. (5) It should be noted that this Specific Plan amendment is intended to provide regulations for development of hew visitor-serving opportunities in this ezpansionarea. Any'use or building 29 Staff Report to the Planning :Commission' April 19, 2004 Item No. 6 legally in existence at the time the amendment is adopted can continue to operate per their existing entitlements. Ifany expansions or modifications to legally nonconforming uses or buildings are proposed, the Specific Plan provides for a process to approve these types of changes (i.e.; improvements less than 5% of he building floor area can be approved by the Planning Director, improvements over 5% can be approved by the Planning,Commisson as part - of a conditional use permit). (6) The.: Specific Plan procedures permit the processing of a Specific Plan Amendment in the same manner as a zoning reclassification with the exception'that a Specific Plan Amendment requires a noticed public hearing before the Planning Cammission`and the City Council:: Further; prior to approving an amendment, the Planning Commission and City Council are required to make certain findings regarding the subject area's suitability for inclusionin the Specific Planincluding special site characteristics, General Plan consistency, land use compatibility; provision of a balance of land uses and a respect for environmental and aesthetic resources consistent with economic realities. As indicated in the draft Resolution for this specific plan'amendment in Attachment 14 - D of this report, the proposed amendment is in conformance with each of the required findings. RECOMMENDATION:: (7) Staff recommends that unless additional or contrary information is received during the public hearing and, tiased upon he evidence submitted to the Commis : n, including the evidence presented in this Staff Report, and brat and written evidence pres~~a~ted at the public hearing, the ' Planning Commission adopt the attached Draft Resolution, Attachment 14 - D, recommending thafthe City Council adopt Amendment No. 5 to the Anaheim Resort Specific: Plan (SPN 2004- 00023) to amend the boundaries ofthe Anaheim Resort Specific Plan to incorporate the subject properties within the expansion area; to reflect the text, exhibit and zoning antl development standard changes described in the Anaheim Resort Specific Plan Addendum'provided in Attachment 14'- D to this staff report; and, to reclassifythe subject properties from the CG (Commercial, General), CH (Commercial, Heavy), CL (Commercial', Limited); PLD-M (Parking/Landscape District - Manufacturing)`and RS-A-43,000'(Residential, Agricultural) to the ' SP,92-2 (Anaheim Resort Specific Plan) zone; C-R District, with a'Low Density designation, consistent witfi the Commercial Recreation land use designation for the expansion areaproposed r aspart of the General Plan Update based upon the findings contained in theattached'd~aft resolution, and including he corrections and omissionsaddressed'in Attachment 6 (Zoning Code Refinements and Clarificatipns) to this Staff Report dated April 19,2004. 30 Staff Report to the Planning Commission ApYil 19, 2004` Item No. 6 r SECTION U-AMENDMENT NO. 2 TO THENORTHEAST'AREA SPECIFIC PLAN NO. 94-1 (SPN 2004-000241 BACKGROUND: (1) The City Council adopted the Northeast Area Specific Plan on August 22, 1995 o provide'for the orderly development of the 2,645-acre Northeast Industria(Area (since re-named The Canyon) to foster the development ofawe1l-designed, high=quality business and'employment complex. (2) As part of the General Plan: Update process, Planning and'Community Development Department staffs'~eviewed the Development Area boundaries and associated zoning provisions of the Specific Plan area and are recommending a number of Pefinementsad the existing Development Areaboundaries as further described below. In'addition td hese boundary refinements; an amendment to the permitted use provisions of Development Area 4'(Transit Core Area) is being incorporated into the updated ZoningCode to allow Mixed-Use developments in proximity to the Anaheim Canyon Metrolihkstation. DISCUSSION (3) ; As part of the General Plane:. Update, the General Plan landuse designations for the area are proposed to change from.General Commercialand General Industrial to General Industrial, General Commercial, and Office Low: as described in the following tattle. The proposed '; amendment to the Northeast Area Specific Plan`would amend the development: area boundaries to reflect the revised General Plan land use designations. (4) The following table provides an overview of the requested specific plan amendment: Area i Existinc Zonino proposed Existing Proposed General Plan Zoning General Plan Designation': Designation A SP 94-1', DA 5 SP 94-1, DA 2 General Industrial (Commercial) (Expanded '? Commercial lndi~striall B* SP 94-1; DA 5 SP 94=1, DA 2 General ':' Office-Low' (Expanded Commercial (Commercial) Industrial) P C SP 94-1; DA3 (La Palma SP 94-1, DA 5 General General Commercial Core) (Commercial) - Indusfrial D SP 94-1, DA 5 SP 94-1, DA 2 General Industrial (Commercial) (Expanded ` Commercial Industrial) E SP 94-1 DA 5 SP 94-1, DA 2 General Office-Low (Commercial) (Expanded Commercial Industrial) *Note: Following the advertisement of this request,. staff determined that subject property; is currently located in DA' 3 (La Palma Core)`and that the uses allowed under said development area are'consistent with the proposed Office-Low land use designation. As result, staff is recommending that this portion of the reclassification request be deleted. 31 Staff Report to the Planning Commissions April 19, 2004 Item No. 6 (5) Development Area 2 is intended to provide fo[ increased; opportunities for a mix of lightndustrial, corporate heatlquarters,'and research and development USes with'essential upport services at strategic locations. The current untlerlying base zone used for land uses and development standards is ML (Limited Industrial);: - (6) Development Area 3 is intended to provide forbpportunities for the development of a mix of land uses: designed o take advantage of the excellent Riverside (SR-91) Freeway visibility and proximity to the commuter rail station at La Palma and Tustin Avenues, in addition to increased opoortunities'for amix of light industrial, corporate headquarters, and research and development uses with essential support services at strategic locations. The current underlying basezone for this area is the ML (Limited Industrial). (7) Development Area 5 is intended to provide forand encourage the orde --:• development of commercial retail areas tttroughoutthe Specific Plan Area, whichserv t:e demand for a wide variety of goods and services. Tfie'current underlyingtiase zone`usec - :r land usesand development: standards and is CG (Commercial, Limited): RECOMMENDATION:< (S) StaffYecommends unless additional'or contrary information is received during the public hearing and; based upon the evidence submitted, including the evidence presented in this Staff Report, and oral and written evidence presented at the public hearing the Planning Commission'adopt the attached Draft Resolution; Attachment (14 - E), recommending that the City Council adopt Amendment No. 2 to the'Northeast Area Specific Plan (SPN 2004-00024) to amend the'certain Development Area boundaries within the Northeast Area Specific Plan as described in Paragraph No; 4, based upon the findings contained in the attacheddraft resolution. ~~ 32 Staff Report to the Planning Commission April 19, 2004: Item No. 6 i SECTION VI -TERMINATION OF DEVELOPMENT AGREEMENT N0. 91-01 BACKGROUND: (1) ! In 1982, the Legislature of the State of California adopted Section 65864, et. Seq. of the California Government Cotle authorizing a City and an applicant fora development project to enter into a development agreement; establisfting with certainty what: regulations will govern the construction of tfte development project. On Ndvember23, 1982; the City enacted Ordinance No. 4377 making the: City subject to the Statute and'adopted' Resolution No. 82R=565 (Procedures Resolution) establishingprocedures'and requirements forthe consideration ofdevelopment agreements upon receipt of an application by the City. (2) On September10, 1991, the City Council adopted Resolution Nos. 91 R-263 arid 91 R-264: approving the Mountain Park Specific Plan No;`90-4 and'certifying Environmental ImpactReport No. 302 to provide a comprehensive plan of land use regulations, conditions of approval' and mitigation measures for developmentof the approximate 3;179-acre Mountain Park Project site with up to 7,966 Yesidential dwelling units, 179 acres of commercial uses, schools, parks; public facilities and open space. ?he City Council subsequently adopted O~dinance'Nb. 5253 to reclassify the property to the Mountain Park Specific PlartNo. 90-4 Zone and Ordinance'No. 5254 to establish the zoning and development standards for the specific plan as part of Chapter 18.76 ofthe'Anaheim Municipal;Code. (3) On November 5,x.1991, the City Council adopted Ordinance No. 5271 authorizing the Gity o enter into Development Agreement No. 91'-01 between the City of Anaheim and The' Irvine Company. On June 2, 1992'; Development Agreement No. 91-01 was'executed between the City ofAnaheim and The Irvine Company and subsequently recorded in the Official Records of Orange County. (4) As part of the General Plan';Update Program, The Irvine Company requested that the Citystudy The Irvine Company's contemplated revision to the Mountain Park'Specific Plan No. 90-4 to redesignate the Mountain Park land uses for up to 2,500 residential units (485units in theiow- Medium Hillsidebensity Residential'designation and 2,015 units in the Low-Medium Density Residential designation), afire station site, a park site, a school site; trails and open space. These: amended land usesrare depicted and evaluated in the proposed General Plan and associated Environmental mpact Report No. 330. Pursuant to the terms of the Development i ;~~ Agreement;: however, the. City isprecluded from amending the General Plan designations for the Mountain Park property without the oonsent of The Irvine Companyor pursuant to a termination or cancellation of the Development Agreement: in accordance with the City's Procedures' Resolution and fte terms of the Development Agreement` DISCUSSION:- (5) Pursuant to the authority set forth in California Government Code Section 65864, et seq., The Irvirie Company has submitted a letter dated March 19; 2004 and a draft Agreement requesting the City to mutually agree to a cancellation of Development Agreement No. 91=01. As defined in Section 16 of the Development Agreement, a "cancellation" is a mutual decision to terminate the Development Agreement. This cancellation would be contingent upon the City amending the General Plan consistent with the designations proposed for the Mountain Park'propertyas depicted in the Nlarch 2004 Draft City: of Anaheim Genera(Plan under the terms identified in the draft Agreement, In the March 19 letter, The Irvine Company also indicates that it will be 33 Staff Report to the ' Planning Commission: `April 19; 2004 Item No. 6' proposing a revised specific plan for the Mountain Parkproject area consistent with the. designations for the Mountain Park propertyin the proposed General Plan Update. The Specifio Plan Amendment is anticipated to be considered by the Planning'Commissibn/City Council later this year. {6) Pursuant to the City's Procedures Resolutiod No. 82R-565, the procedure for cancellation of the DeyelopmentAgreement is the same as the, procedure for entering into the'Agreement including a requiremenfthat the intent to cancel the development'agreement be provided. The City has duly noticed its intent to consider termination''of Development Agreement No; 91-01. The Planning Commission is further required to hold a noticed public hearing and determine and make a recommendation to the City Council whether to cancel the Development Agreement. The City Council is then required to consider the request at a noticed public hearing. Cancellation bf a Development Agreement requires the mutual written consent of the City of Anaheim and The Irvine Company. (7) Canceling the Development Agreement in of itself does. not change the current General Plan designations'and the current General Plan remains in effect until such time'as the proposed General PIan,Update would be adopted by the City Council and the 30-day~eferendum period was: over. (8) As previously indicated, the cancellation of this Development Agreement pursuant to the provisions of ttie draft Agreementin Attachment 14 - F'of this report, will permit the Planning Commission and City Council to consider modifications`to the Mountain Park! Property'as part of the'General Plan Update:: and the ahticipated'amendment to the Mountain Park SpecificPlan late' this year. ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed the request to cancel (terminate) Development Agreement No. 91-01 and the Initial Study (a; copy of which is available for7eview in the Planning: Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a findingi by the Planning Commission'that the Negative Declaration reflects the independentjudgment of the lead;agency; and that it has considered the proposed Negative Declaration ogether witfi any comments received during the public review process and' further finding on the basis of the Initial Study andany comments received that there is no substantial evidence that the Planning Commission's recommendation to the City Council on the project (cancellation of Development Agreement Nor 91-04)will' have'a significanteffect on the'. environment. RECOMMENDATION( (10) Staff recommends that, unless additional or contrary information is received tluring the public hearing, and based upon the evidence submitted to the Commission, including the evidence presented in this Staff Report, and oral and written evidence presented at the public hearing, the ' Planning Commission take the following actions: a By motion;: approve the CEQA Negative Declarationand recommend that the CityOouncil independently review and analyze the Negative Declaration;Yhe Initial Study and related 'documentation and evidence and find that the Negative Declaration reflects the independent 'judgment of the City: Council, and unless'additional or contrary informatioh is presented, 'determine'thattheve is no substantialevidence that the project (cancellation of Development 34 Staff Report to the Planning Commission April 19, 2004 Item No. 6 Agreement No. 91-02) wiU have a significant effect on the environment, and that the Negative Declaration is adequate to serve'as the required environmental documentation for the project; and, b. Adopt the attached draft resolution, Attachment 14 - F recommehding to the City Council that the City Council introduce and adopt an Ordinance to terminate by cancellation Development Agreement No. 91-01 `and approve and enter into khe written Agreement with The Irvine Company substantially in the form provided n Exhibit 1 to the draft resolution to mutually agree to the bancellatidn of Development Agreement No. 91-01'tiased upon the findings contained in the aftadhed draft resolution in Attachment 14 - F to this Staff Report dated April 19, 2004. ~~ 35 Staff Report to the Planning Commission April 19; 2004 item No. 6' SECTION VII -ENVIRONMENTAL IMPACT ANALYSIS FOR EIR NO. 330 $ACKGROUND: (1) On March 18,'2004 the City of Anaheim, as Lead Agency, circulated Draft Environmental ImpacP Report No. 330 (Volumes I and II)'(the "Draft EIR") for4he City of Anaheim General Plan and Zoning Code Update fora 45-day`review period which will end on May 3,2004. Said braft EIR was prepared under contract with the City and under the City's direction. The City conducted it's`< overt independent evaluation and'analysis of the Draft EIR prior to releasing"the document for public review:' (2} Draft EIR No: 330 has been prepared in conjunction with General Plan Amendment No: 2004- b0419, Zoning Code Amendment No. 2004-00029; Reclassification No. 2004-00117, Amendment NoFS to The Anaheim Resort Specific Plan. No. 92-2 (SPN 2004-00023), Amendment No. 2 to tfie Northeast Area Specific Plan No. 94-1 (SPN 2004-00024), and other related actions (the "P~oposed Actions") for Planning CommissiomConsideration. DISCUSSION: (3) Staff has found that Draft EIR No. $30 has been prepared in compliance with the California Environmental Quality Act (CEQA)'and the State and :City CEQA Guidelines;' (4) Draft EIR No. 330 (as well as the Draft General Plan and Zoning Code) and have been available for public review beginhing March 19, 2004 on the City's website at www.anaheim:heUaeneralplan. Copies of the tlocuments have also been available at the Planning Department and at City Jitiraries. The public review period will end'bn May$ 2004. (5) Draft EIR No. 330 addresses the environmental impacts including project-related and cumulative impacts associated with the Anaheim Generale Plan arid'Zoning Code Update; The Draft EIR indicates thafthe following impacts can be mitigated to an acceptable level with the incorporation of the recommended mitigations measures (as refined):;. Air Quality, Biological Resources, Cultural Resources, Geology and'Soils, Hazards and Hazardous Materials, Hydrology and Water Quality, Noise; Police and Fire, Public Services and Facilities, and Traffic and Circulation. Project impacts that are partiallymitigated, but not to a level of insignificance, include: Air Quality, Noise, and; Traffic and Circulation. ,~ (6) Drafts of a Summary of the Environmental Impacts and Mitigation Measures (Attachment 9) and the Mitigatioh Monitoring Programs associated with the; project (Attachmentr10), The Platinum Triangle (Attachment 11) and The Anaheim Resort (Attachment 12) are attached for}eference and review. ICshould be' noted that the proposed Mitigation Monitoring Program and Summary of Envronmentalimpacts and Mitigation Measu~as and the Mitigation Monitoring Programs will be ' revised as appropriate to'reflect comments received dining the public comment period'ending May 3, 2004 and evidence presented during tfie public hearing process, project refinements, recommendations of the Planning Commission and the final actions taken 6y he City Council. (7) After the public review period expires, the City; as Lead Agency, must prepare a Final EIR responding o the comments received. A Response td Commentsdocument (Volume, III) will be released at least 10 days prior to the City Council meeting date, which will respond to all written comments received dining the Draft EIR public review period. Tfie EIR No.'330 Response to Comments document will include responses addressing the publiclresponsible agency comments. 36 Staff Report td the Planning Commission April 19, 2004' Item No. 6 whichare received during the review period and refinements to the text of the EIR and the Mitigation Mohitoring Program for the General Plan and Zdning Cotle Update. Said document will - be prepared under the City's direction. The City will cohtluct it's own independent evaluation and analysis of the document.:. - (8),` The City Council must certify the Fihal EIR and make certain findings prior to approving the Proposed Actions. CORRECTIONS AND OMISSIONS: (9) ; Following distribution of the Draft EIR No. 330 document and review by staff and other interested persons, certaih errors or omissions have beeri'identified which are listed in Attachment 13 and are summarized as follows; a. Typographical, spelling and numerical errors; b, .Words or tent that was inadvertently omitted; c. Clarificatioh of text that was difricult to understand; and d. Revisions to text consisting of adtlitions or deletions. RECOMMENDATION: (10) Staff recommends that unless additional or contrary information is received during the public hearing and, based uponits review and consideration of Draft EIR No. 330 and the evidence submitted to the Commission, including the evidence presented in this Staff Report, and oral and written evidence presented at the public hearing, the Planning Commission by;motion, recommend to the City Council as follows: a. That the City Council independently review'and analyze Final EIR No. 330, including he oorrections'and omissions addressed in Attachment 13 (Draft Refinements and Clarifications) to this Staff Repork dated April 19, 2004 and frnd thatit reflects tfte independent judgment of the City Council, and unless additional or contrary information isreceivedduring the public review period or presented at its public hearing, determine that Final EIR No. 330, and the Mitigation Monitoring Programs associated`with the project (Attachment 1i)), The Platinum TFiangle (Attachment 11), and The Anaheim Resort (Attachment12) are in compliance with CEQA and the State and City CEQA Guidelines ono are adequate to serve as the required environmental documentation for the Proposed Actions. 37 ATT~-CFI ENT 1 L®CATI®N AS EXFII~ITS A-I Attachment 1A ... 5rl~n ''O n _ItiRq =iiLL _RT01$ ~ - L~ F T.. i..~l1 _' n 4 §-_ ~ , _ ~ I .. ~ ~ .~ rv~ mxv.o Y f %~?: (1. iiAFpE^I GFli;V IV7ap Location A D Anaheim City Limits _ ._..., _ ~ Anaheim Sphere-of-Influence GENERAL PLAN AMENDMENT N0. 2004-00419 CITY-INITIATED REQUEST TO COMPREHENSIVELY UPDATE THE CITY OF ANAHEIM GENERAL PLAN. ZONING CODE AMENDMENT NO. 2004-00029 CITY-INITIATED REQUEST TO COMPREHENSIVELY AMEND THE CITY QF ANAHEIM MUNICIPAL CODE, TITLE 18 (ZONING CODE). 1272b Attachment 1 B RECLASSIFICATION 'NO. 2 0 04-001 1 7 CITY-INITIATED REQUEST TO RECLASSIFY SUBJECT PROPERTIES FROM THE CYPRESS CANYON SPECIFIC PLAN (SP90-3) TO THE OS (OPEN SPACE) ZONE TO BE CONSISTENT WITH THE OPEN SPACE LAND USE DESIGNATION PROPOSED AS PART OF THE GENERAL PLAN UPDATE. ONE APPROXIMATELY 15-ACRE PARCEL WILL RETAIN ITS EXISTING LOW-MEDIUM DENSITY RESIDENTIAL DESIGNATION WITH UP TO 140 DWELLING UNITS IN THE RM-3 ZONE. TERMINATION OF DEVELOPMENT AGREEMENT NO. 91-01 Mountain Park SP 90-4 Cypress Canyon SP 903 -_.-.~ Anaheim Sphere-of-Influence Date: April 19, 2004 Scale: Graphic SUBJECT REQUEST IS FOR CONSIDERATION TO TERMINATE DEVELOPMENT AGREEMENT NO. 91-01 BETWEEN THE CITY OF ANAHEIM AND THE IRVINE COMPANY. SAID DEVELOPMENT AGREEMENT RELATES TO THE DEVELOPMENT AND IMPLEMENTATION OF THE MOUNTAIN PARK SPECIFIC PLAN WHICH PROVIDES FOR THE DEVELOPMENT OF UP TO 7,966 RESIDENTIAL DWELLING UNITS, 179 ACRES OF COMMERCIAL USES, SCHOOLS, PARKS, PUBLIC FACILITIES AND OPEN SPACE, AS MORE SPECIFICALLY DESCRIBED IN THE SPECIFIC PLAN. 1P27 Attachment 1 C Proposed Anaheim Resort Specific Plan Expansion Area Existing Anaheim Resort Specific Plan Area Date: April 19, 2004 SPECIFIC PLAN AMENDMENT NO. SPN 2004-00023 Scale: Graphic (AMENDMENT NO. 5 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2) CITY-INITIATED REQUEST TO AMEND THE BOUNDARIES OF THE ANAHEIM RESORT SPECIFIC PLAN TO INCORPORATE SUBJECT PROPERTIES, AND RECLASSIFY THESE PROPERTIES FROM THE CG (COMMERCIAL, GENERAL), CH (COMMERCIAL, HEAVY), CL (COMMERCIAL, LIMITED), PLD-M (PARKING/LANDSCAPE DISTRICT -MANUFACTURING), AND RS-A-43,000 (RESIDENTIAL, AGRICULTURAL) TO THE ANAHEIM RESORT SPECIFIC PLAN (SP92-2) AND (INCLUDING ESTABLISHING ZONING AND DEVELOPMENT STANDARDS FOR THE EXPANDED AREA) TO BE CONSISTENT WITH THE COMMERCIAL RECREATION LAND USE DESIGNATION PROPOSED AS PART OF THE GENERAL PLAN UPDATE. 1223c Attachment 1 D Attachment 1 E SITE A SPECIFIC PLAN AMENDMENT NO. SPN 2004-00024 AMEND DEVELOPMENT AREA (DA) BOUNDARY FROM DA 5 (COMMERCIAL) TO DA 2 (EXPANDED INDUSTRIAL) i ~m 1305 Attachment 1 F SITE B SPECIFIC PLAN AMENDMENT NO. SPN 2004-00024 0 AMEND DEVELOPMENT AREA (DA) BOUNDARY FROM DA 5 (COMMERCIAL) TO DA 2 (EXPANDED INDUSTRIAL) Attachment 1 G Attachmentl H LA PALMA AVE SITE D SPECIFIC PLAN AMENDMENT NO. SPN 2004-00024 AMEND DEVELOPMENT AREA (DA) BOUNDARY FROM pA 5 (COMMERCIAL) TO DA 2 (EXPANDED INDUSTRIAL) 1305 Attachment 11 SITE E SPECIFIC PLAN AMENDMENT NO. SPN 2004-00024 AMEND DEVELOPMENT AREA (pA) BOUNDARY FROM DA 5 (COMMERCIAL) TO DA 2 (EXPANDED INDUSTRIAL) 1305 ATTACHMENT 2 GENE L PLAN AMEN®MENT N®. 2004-00419 REFINE ENTS AN® CLARIFICATI®NS General Plan Refinements and Clarifications Page LU-2 --- Amend Table LU-1 to delete dwelling unit figure following SP90-4 "Mountain Park Specific Plan" reference. 2. Page LU-3 --- Amend Figure LU-1 to delete "...and The Platinum Triangle... from title and amend map by deleting Platinum Triangle and Mountain Park illustrations. 3. Page LU-5 --- Delete "the" on second line of Achieving the Vision section. 4. Page LU-11 --- Add "...those areas of the City subject to special density provisions." to end of second paragraph.. 5. Page LU-17 --- Rename Table LU-4 to read "GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY", delete reference to "Specific Plan (SP90-4)" in row describing Mountain Park and add a row to the table describing "Area A" relating to a 15-acre parcel in the Cypress Canyon Area (Parcel Map No. 94-205) that will retain aLow-Medium Density Residential Designation in the RM-3 Zone while capping the maximum density of said parcel at 140 dwelling units. 6. Add an exhibit to the Land Use Element identifying areas of the City having special density limitations to include the aforementioned 15-acre parcel within the Cypress Canyon Area, The Platinum Triangle and the Mountain Park Area. 7. Page LU-41 --- Delete "elementary" and "with active sports and nature components' in last sentence of The Hill and Canyon section. S. Page C-7 --- Amend figure C-1 to accurately reflect redesignation of southern segment of Weir Canyon :Road from a Major to a Primary Arterial Highway. 9. Page C-9 --- Delete last sentence on page. 10. Page C-18 --- Amend Goal 2.1, Policies 1, 2 and 3 as follows: 1) Make improvements to streets and intersections experiencing conditions worse than the applicable Level of Service standard by providing appropriate e=rit+gatien-improvements, including, but not limited to: ® Landscaped median islands to restrict left turns, with median opening spacing occurring a minimum of 400 feet apart, and preferably limited to signalized locations. ® Adequate driveway spacing of at least 230 feet between driveways on arterial highways. 2) Improve intersection operations by providing optimal ongoing traffic signal maintenance and Intelligent Transportation Systems operations per Institute,-- of Transportation Engineer guidelines. 3) Install new warranted signals as funding permits, with minimum preferred spacing of 1,000 feet apart. ' 11. Page G-8 --- Amend Goal 2.1, Policy 2 by adding "backdrop" prior to the word "ridgeline." 12. Page G-23 --- Delete "Further clarification within this zone reveals that..." from second to the last sentence of Mineral Resources section.. 13. Page PSF-23 ---Amend Figure PSF-7 to correct spelling of "Mountain". 14. Page PSF-29 ---Amend Figure PSF-8 to delete the fiber optic backbone illustration within Mountain Park Area while adding the following text: "The fiber optic system for the Mountain Park area will be determined in connection with the Mountain Park Specific Plan." 15. Page PSF-33 --- Amend Figure PSF-7 so as not to specify the type of school to be located within the Mountain Park Area. 16. Page S-25 --- Amend Figure S-7 to correct southern Prado Dam inundation boundary in proximity to SR-241. 17. Page GM-12 --- Amend Goal 2,1, Policy 1. by inserting "Level of Service" prior to "LOS" . 18. Page N-21 --- Amend Goal 2.1, Policy 5 by replacing "highways" with "freeways'. 19. Page CD-16 --- Amend Goal 6.1, Policy 10 by deleting "avoid" in second sentence. 20. Page C-17 ---Amend Goal 3.1, .Policy 2 as follows "Maintain and rehabilitate all components of the circulation system, including roadways, sidewalks, bicycle facilities, a~ pedestrian facilities, Intelligent Transportation systems and traffic signals". ATTACFIMENT 3 GENERAL PLAN AMEN® ENT N®, 2004-00419 GAC SIJM ARV ®F f~i~ESTI®NS AN® C® NoENTS General Plan Advisory Committee (GPAC) Questions/Comments Related to Draft General Plan Document __ (Received on April 7, 2004) Note: The following comments may only represent individual opinions and do not necessarily reflect tlae collective opinion of the GPAC. The following list does not include comments that were received relative to typographical errors in the General Plan document. uestions: Do the park acreage figures related to Maxwell and Schweitzer Parks included in Table G-1 (Page G-37) accurately reflect reductions in park area that may have occurred due to construction activities on adjacent school grounds? Does the park acreage figure for Maxwell Park include the land on which the expanded library will sit? 2. Should the provision of cemeteries be addressed in the General Plan? 3. Who will oversee the implementation of the General Plan once it's adopted in order to ensure its implementation? 4. Is there a way to address "smells" resulting from vehicle emissions, fast food restaurants, etc., in the General Plan? 5. Should the Land Use Element identify the proposed Junior High School adjacent to La Palma Park? Comments: The Circulation Element should identify a local transportation network that would allow residents and visitors to visit various activity centers in th_e City without having use a personal vehicle. 2. The City should consider "reversible" traffic lanes along its major thoroughfares in order to improve traffic flow. 3. The City should be expanding efforts to pursue the use of solar energy technology in its parks. 4. The General Plan should emphasize the importance of hospitals and educational facilities to the community. 5. The City should consider requiring that all businesses close by 11:00 p.m. or 12:00 a.m. (with the exception of pharmacies) as a means to reduce negative impacts upon adjacent neighborhoods. 6. The Circulation Element should address the need for grade separations at railroad crossings. Alternatives means of solid waste disposal (e.g., incineration, lasers, etc.) should be addressed in the Public Services and Facilities Element. 8. The Economic Development Element should acknowledge the need for both a skilled and unskilled labor force. i4TTACFIENT 4 Z®NING C®®E AMEN~EMENT N®. 2004-00029 C® PARIS®N CFIART SFI®WING EXISTING-T®-NE ZONES v h ° N x z U a F ~ .x y w 1 U ~ O O O ~ .~ ~ W 00 4. ~ 4"'+ 00 y 4 ~ N O a M II. M ~ M~ .~ '- N ~ o r o ~ orn o ,.a Q U _. `~.' 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O" N ~ G ~ ~ l0 C . a L ,C i ~ ~ ~ 3 m .. c ~ ^ ~ son " m ~ h ~° .. ~ ~ m .. m .. ro ~ ..: .U ~ 0 FU y ~ ~ ~4 ~ b ~ ~` ~ on ~4 ~ on c~ a°i c Wi s. ~ b o N c s ~ Y s ~ s~ ~ 'c ` w c 4 ~ w ' m ~ o U c c y ~ ro ~ ~ N ~ ~ ~ o U b o N ~ o U ~ a ~ N o U o. ~ N ~ L~ ~ O ~ ~ ~ ~ c~ ±y ~ ~ ~ ~ ~ ~ ~ w ~ w ~ ~ I y ^^~ a• ~ ~ . ~ N ~ ~ ~ > ~ ate. 4 N N F. ~ ~ F j. W t-i ~ ~ ~ ~ c K x ~ ~ O ~ U c a ° a ~ ~ ~ U : - O 3 ~ U ro .~ U a .,= c .~ F ~ ~ ~ ~ ~ r O 3 O n_ V v N . ~,._ ~ N L x 'y L ~ ~ ~ m _ U ' ^~ O c3 O~ U O -' ~ ~ N ° .~ .fl ~ ~ rU^ ~ ° H 00 W •~ ~ ~ O O ~ N ~ ~ U v O N > ~ bA U vi O~ ^d ~ a a O~ r ro U i UU r~ a ^ N ~ ~ ~ W .,O. U W V ~ ' U O ~ V D 'D vi DG " 7 'D ~ O U 0 R ~ i . `. i ~ O ~ ~ O O N 7 Gl D ~~ N W , . 4' ~^ ~ v,~ vim °' "O ~ m z. . m O v~ .- a y C "p b y v X 0 0 0 W ~" . ^i3 , 0 j ti~ id G• ~, m m O pO w . .. ~ ~ w ~ -o p ~ 3 ~ . ~ o-' ` ~ ~ ~ ° ~ 3 $ W O CD O .O y O C V ~ c> 7 R' W U C O b ~' b C O ci _ ~ y ~ . bA ~ O T. ~ C p N N " ~ W '~ ' y - N ' W . ~.. 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Q ~ ~ L y T y U ~ U ~ +- ~ O L ~ Q F ¢ O x O z ti nl H N T N Q~ r1 O~ ~ Q~ W W C4 Pr ~ ~ ~ ~ O 0 0 •S O L U N ATTACH ENT 5 Z®NIN(s C®DE A ENDEMENT N®. 2004-00029 TALE ®F C®NTENTS DrafC Anaheim Zoning Ordinance ATTACHMENTS Table of Contents (Chapters Only) Chapter Number Chapter Title 18.(11 lntraducti~on I5.{)4 Sinf;le-Family Residential Zones 18.06 Multiple-Family Residential Zones 18.03 Conmiercial7_ones 13.10 Industrial Zones 18.1'1 Rublic and Special Purnose Zones 18.13 Scenic Corridor Overlay Zane 1.8.2(1 Sports Entertauimcnt Overlay Zone 18 °2 Braaldmrst Commercial Canidar Overlay Zonc 18.24 South Anaheim Batilevard Conidor Overlay Gone IS?(i Mobilehome Park Overlay Zone 18_28 Floodplain Overlay Zone 13.30 Downtown Mixed Use Overlay Zone 18.32 Mixed LJse Overlay Zane 18.30 Tyues aPUses 1$.38 Supplemental Use Reeulations - 18_40 General Development Standards 18.42 Parl:ine and l~aadine 18.44 Sims 18.46 Landscapine and Screenine 18.45 Recyclina Facilities II S_6(1 Senior Citizens' Aparhnent Projects 18.52 Density Bonuses 15.54 Sex-Oriented Business 15.6 Noncon£onnities 18.58 A~ffardable Multiple-Family Fltrusina Develapments 18.60 Procedures Draft 3/1 I/04 Draft Anaheim Zoning Ordinance Chapter Number Chapter Title 18.6°_ Adminish'ative Reviews 18_64 Arca llcvclopment Plans 18.66 Conditional Use Permits 15.68 General Plan Amendments 18J0 Final Plan Recicws 15.72 SneciTic flans J 8.7-1 Variances 78.76 Zonint,4mendments IS.so Pees 1590 C;cneral Provisions 18.92 Detinitions 7.5.100 Fii«hlands at Anaheim Hills Spccit7c Plan No. 87-1 18.x02 Svcamorc Canyon Specific Plan No. 88-I 7 8.104 The Sununu of Anaheim I-Tills Specific Plan No. 88-2 78.706 PaciT7center Anaheim Specific Plvi No. $8-3 15.108 Festival Specific Plan ~No. 90-1 18.1 It) East Center Street Development Specific Plan No. 90-2 18.112 Mountain Par]< SneciTic Plan No. 90-4 18.7 14 Disneyland Specific Flan No. 92-I 1 S. l 16 Anaheim Resort Specific Plan No. 92-~ lS.l IS Idotel Circle Specific Plan No. 93-I 18.120 Northeast Area Specitc Plan No. 94-1 Draft 3/I 1/04 TTCFI ENT 6 Z®NING C®E ,OENEMEN1' N®. 2004-00029 REFINEMENI"S ~-N® CL~4RIFICAI®NS ATTACHMENT6 ZONING CODE UPDATE REFINEMENTS AND CLARIFICATIONS Additions indicated in bold, deletions not marked. CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.04 4-3 18.04.030.020 Table 4-B (Accessary Uses and Table 4-B (Accessory Uses and Structures: Single-Family Structures: Single-Family Single- Residential Zones) identifies Residential Zones) identifies Family allowable accessory uses, listed allowable accessory uses and Residential by classes of uses as defined in structures, listed by classes of Zones Section 18.36.050 of Chapter uses as defined in Section 18.36 (Types of Uses). 18.36.050 of Chapter 18.36 T es of Uses . 18.04 4-3 18.04.030.030 Table 4-C (Temporary Uses and Table 4-C (Temporary Uses and Structures: Single-Family Structures: Single-Family Residential Zones) identifies Residential Zones) identifies allowable temporary uses, listed allowable temporary uses and by classes of uses as defined in structures, listed by classes of Section 18.36.060 of Chapter uses as defined in Section 18.36 (Types of Uses). 18.36.060 of Chapter 18.36 T es of Uses . 18.04 4-3 18.04.030.050 Interpreting Classes of Uses. Interpreting Classes of Uses. The provisions for interpreting the The provisions for interpreting the classes of uses in Table 4-A, ' classes of uses in Tables 4-A, 4- Table 4-6 or Table 4-C are set i B or 4-C are set forth in Section forth in Section 18.36.020 18.36.020 (Classification of Uses) (Classification of Uses) in in Chapter 18.36 (Types of Cha ter 18.36 T es of Uses . Uses . 18.04 4-3 18.04.030.060 Any class of use that is not listed Any class of use that is not listed in Table 4-A, Table 4-B or Table in Tables 4-A, 4-B or 4-C is not 4-C is not ermitted. ermitted. 18.04 4-4 18.04.030.090 Special provisions related to a Special provisions related to a use are referenced in the . use are referenced in the "Special Provisions" column of" "Special Provisions' column of Table 4-A, Table 4-B and Table Tables 4-A, 4-B and 4-C. Such 4-C. Such provisions may include provisions may include references to other applicable references to other applicable code sections or limitations to the code sections or limitations to the s ecified land use. s ecified land use. 18.04 4-7 Table 4-F for 2 stores 2 stories the RS-4 Zone CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.04 4-9 Table 4-H for 40% excluding swimming pools 40% excluding swimming pools the RS-2 Zone .and semi-enclosed patio and semi-enclosed patio Single- structures -see Subsection .020 structures -see Subsection .020 Family below (dwellings or accessory below (dwellings or accessory Residential Zones structures shall not occupy more structures shall not occupy more than 35% of the required rear than 35% of the required rear setback, provided any such setback, provided any such structures shall comply with the structures shall comply with the setback regulations of this setback regulations of this chapter and provided other chapter and provided other comparable outdoor living area comparable outdoor living area (exclusive of the required front (excluding the required front yard, parking or driveway areas) setback, parking or driveway is available elsewhere on the lot.) areas) is available elsewhere on the lot. 18.04 4-10 18.04.100.010.0 The minimum setbacks for single- The minimum setbacks for single- 101 family residential zones are family residential zones are shown in Table 4-I. shown in Table 4-I. These Encroachments into setback setbacks apply in addition to areas are contained in the setback and yard Subsection .040 below. requirements of Sections 18.40.040 (Structural Setbacks and Yards) and 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards). Encroachments into setback areas are contained in Subsection .040 below. 18:04 4-11 Table 4-I for the 10% of the width of the lot except 10% of the width of the lot except RS-1 Zone that the side yard shall not be that the side setback shall not be less than 5 feet and need not less than 5 feet and need not exceed 10 feet exceed 10 feet 18.04 4-13 Table 4-J for Air 10% of the width of the lot except 10% of the width of the lot except Conditioning that the side yard shall not be that the side setback shall not be Units less than 5 feet and need not less than 5 feet and need not exceed 10 feet exceed 10 feet 18.04 4-15 Table 4-J for If located in side yard, must not If located in side setback, must Pool Equipment be on the side of the access gate not be on the side of the access ate 18.04 4-19 Graphic for See Exhibit A-1 See Exhibit A-2 subsection 18.04.050.020 18.06 6-15 Graphic for See Exhibit B-1 See Exhibit B-2 subsection Multiple- 18.06.090.050 Family Residential Zones Attachment II-D Page 2 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTIpN 18.06 6-6 Table 6-F for 40 feet; provided, however, that 40 feet; provided, however, that the RM-2 Zone buildings exceeding 40 Feet in buildings exceeding 40 feet or 3 Multiple- height may be permitted by stories in height maybe Family conditional use permit. permitted by conditional use Residential permit. Zones 18.06 6-6 Table 6-F for 40 feet; provided, however, that 40 feet; provided, however, that the RM-3 Zone buildings exceeding 40 feet in buildings exceeding 40 feet or 3 height may be permitted by stories in height may be conditional use permit. permitted by conditional use ermit. 18.06 6-6 Table 6-F for 40 feet; may be increased to 4 40 feet; provided, however, that the RM-4 Zone stories pursuant to Section buildings exceeding 40 feet or 3 18.06.160 stories in height may be permitted by conditional use ermit. 18.08 8-1 18.08.020.010 The intent of the "C-G" Zone is to The intent of the "C-G" Zone is to allow a variety of land uses, allow a variety of land uses, commercial including some identified for the ' including some identified for the zones two types of commercial zones Neighborhood Center described below. Commercial zone described below. 18.08 8-6 Table 8-A Studios-Recording is identified as Should be identified as "P" for the "C" in the C-G Zone C-G Zone 18.08 8-10 18.08.060:010 These setbacks apply in addition These setbacks apply in addition to the setback and yard to the setback and yard requirements of Section requirements of Sections 18.40:060 of Chapter 18.40 18.40.040 (Structural Setbacks (General Development and Yards) and 18.40.050 Standards). (Special Area Setbacks) of Chapter 18.40 (General Develo ment Standards . 15.14 14-10 18.14.100.010 The minimum setbacks for public The minimum setbacks for public and special-purpose zones are and special-purpose zones are Public and set forth in Table 14-G and shall set forth in Table 14-G and shall Special apply in addition to the setback . apply in addition to Sections Purpose and yard requirements of Section 18.40.040 (Structural Setbacks Zones 18.40.040 and the special area and Yards) and 18.40.050 setbacks of Section 18.40.060 in (Special Area Setbacks) in Chapter 18.40 (General Chapter 18.40 (General Develo ment Standards . Develo ment Standards . 18.14 14-10 Table 14-G 25 feet from any property line, 25 feet from any property line, public right-of-way line, recorded public right-of-way line, recorded private accessway easement, or ; private accessway easement, or recorded hiking and equestrian recorded riding and hiking trails trails easement. easement. Attachment II-D Page 3 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.18 18-2 18.18.040.030.0 Trees that were planted or Trees that were planted or 306 . caused to be planted by the caused to be planted by the Scenic homeowner or previous homeowner or previous Corridor homeowner as part of an original homeowner as part of an original Overlay landscape plan and are not landscape plan and are not Zone located in the area between the located in the area between the main dwelling unit and a public or main dwelling unit and a public or private right-of-way. private right-of-way or in a commonly viewed and maintained slope. An arborist certificate is not required for this provision, but other materials such as photographs shall be provided to demonstrate eli ibilit . 18.18 18-8 18.18.040.090.0 Pruning to the point of injuring a Topping or any tree or pruning 907 tree; and to the oint of in'urin a tree; and 18.18 18-11 18.18.090.060.0 A maximum of one freestanding A maximum of one freestanding 602.01 or monument sign is permitted on or monument sign is permitted on any frontage abutting a scenic any frontage abutting a scenic expressway, major arterial, expressway, major arterial, hillside primary arterial, and hillside primary arterial, and hillside secondary arterial. hillside secondary arterial provided that there is a minimum of three hundred (300) feet of frontage for each sign and that the minimum distance between such signs shall be three hundred (300) feet. 18.20 20-3 18.20.020.070 A retail store selling any articles, As defined in subsection devices, contrivances, 18.116.070.060.0611 of Chapter ' Sports instruments or paraphernalia of 18.116 (Anaheim Resort Entertain- interest to drug users, as defined Specific Plan No. 92-2). ment in Ghapter 7.10 'Advertising, Overlay Display and Sale of Zone Paraphernalia to Minors,' Section ' 7.10.020'Definitions,'subsection of this Code. 18.20 20-12 18.20.110.030.0 Maximum floor area ratio.. The Maximum floor area ratio. The 301 maximum floor area ratio shall be maximum floor area ratio shall be 0.30 (thirty one-hundredths) or 0.30 (thirty one-hundredths) or 0.50 (fifty one-hundredths), as 0.45 (forty five one- depicted on the'Development hundredths) or 0.50 (fifty one- Intensity Plan' in Section 4'Urban hundredths), as depicted on the Design' of the Anaheim Stadium 'Development Intensity Plan' in Area Master Land Use Plan. Section 4 'Urban Design' of the Anaheim Stadium Area Master Land Use Plan. Attachment II-D Page 4 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.24 24-3 18.24.030.020.0 Site Development Standards Site Development Standards 206.02 (Section 18.20.XXX); (Section 18.20.130); south - Anaheim Boulevard Corridor Overlay Zone 18.24 24-3 18.24.030.020.0 Required Landscaping (Section Required Landscaping (Section 206.03 18.20.XXX . 18.20.150 . 18.24 24-6 18.24.060.030.0 Adjacent to Anaheim Boulevard, Adjacent to Anaheim Boulevard, 303.01 a minimum front yard setback of a minimum front setback of not not less than seventeen (17) feet less than seventeen (17) feet wide shall be required, as wide shall be required, as measured from the front property measured from the front property line. line. 18.24 24-7 18.24.060.030.0 For lots with a depth greater than For lots with a depth greater than 303:04 or equal to one hundred and ten or equal to one hundred and ten (110) feet, a minimum fifteen (110) feet, a minimum fifteen (15)-foot wide landscaped rear (15)-foot wide landscaped rear yard located between the setback located between the dwelling unit and any accessory . dwelling unit and any accessory building shall be required, building shall be required, providing no less than three providing no less than three hundred seventy-five (375) hundred seventy-five (375) square feet of usable square feet of usable recreational/ leisure s ace. recreational/ leisure s ace. 18.24 24-7 18.24.060.030.0 Garages and accessory buildings Garages and accessory buildings 303.07 separate from the primary separate from the primary dwelling unit shall maintain a dwelling unit shall maintain a minimum five (5) foot wide side minimum five (5) foot wide side yard along one side of the setback along one side of the ro ert line. ro ert line. 18.24 24-8 18.24.060.030.0 Each dwelling unit located ' Each dwelling unit located 307.03 adjacent to a major street shall : adjacent to a major street shall incorporate a front porch with ° incorporate a front porch with minimum area of forty-five (45) minimum area of forty-five (45) square feet and a minimum depth square feet and a minimum depth of five (5) feet. This front parch of five (5) feet. This front porch shall not encroach into the shall not encroach into the re uired front ard. re uired front setback. 18.28 28-5 18.28.070 In the event of any conflict In the event of any conflict between any provision set forth in between any provision set forth in Flood Plain this chapter and any provision set this chapter and any provision set Overlay forth in Chapter 17.28 (Flood ' forth in Chapter 17.28 (Flood Zone Hazard Reduction) or any other Hazard Reduction) of the provision of law, the more Anaheim Municipal Code or any restrictive provision shall prevail. other provision of law, the more restrictive rovision shall revail. Attachment II-D Page 5 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.32 32-2 Add Missing text Interpreting Classes of Uses.. 18.32.030.050 'The provisions for interpreting Mixed Use after the classes of uses in Tables Overlay .18.32.030.040 32-A, 32-B and 32-G are set Zone forth in Section 18.36.020 (Classification of Uses) in Cha ter 18.36 T es of Uses . 18.32 32-7 18.32:080.010 Minimum Distances -Residential Minimum Distances -Residential Uses. The minimum distances Uses. The minimum distances between parallel walls of two (2) between parallel walls of two (2) .main buildings or between two (2) main buildings or between two (2) parallel facing walls of the same parallel facing walls of the same building shall be the sum of the building shall be the sum of the yard depth requirements of both . setback requirements of both walls, as determined by the walls, as determined by the provisions of Subsection .020 of provisions of Subsection .020 of Section 18.06:090 (Building Section 18.06.090 (Building Setbacks) in Chapter 18.06 Setbacks) in Chapter 18.06 (Multiple-Family Residential (Multiple-Family Residential Zones), whether such spaces are Zones), whether such spaces are covered or o en to the sk . covered or o en to the sk . 18.36 36-4 18.36.040.020 The total period that a guest can Delete entire sentence. occupy rooms may not exceed Types of fourteen (14) days during any Uses consecutive ninety (90) day eriod. 18.36 36-10 18.36.040.180 This classification includes This classification includes Retail Sales- fortune-telling and stores selling fortune-telling and stores selling General clothing, hardware, art, books, clothing, hardware, art, books, flowers, jewelry, over-the-counter flowers, jewelry, over-the-counter and/or prescription drugs, and/or prescription drugs, flooring, furniture and flooring, furniture and merchandise through the County merchandise through the County of Orange Women, Infant and of Orange Women, Infant and Children (W.LC,) program. Children (W.LC.) program (provided it is not in combination with any other use that requires a conditional use permit) as defined in Cha ter 18.92 Definitions . 18.38 38-10 18.38.060.070.0 Unless and until federal Delete entire sentence. 702 regulations or orders provide Supplement- OthefWlSe, the operator of any ai use Regulations facility shall provide physical proof of compliance with 47 CFR 1.1307, 1.1310 and 2.1093 to the extent applicable within thirty (30) days of initial operation of any facility and again upon the annual anniversary of the date the application for the facility is a roved. Attachment II-D Page 6 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.38 38-16 18.38.080:060 060 Length of Occupancy. No .060 Type of Building. The guest shall be permitted to rent Bed and Breakfast Inn shall be supplement- accommodations or remain in located in asingle-family ai use occupancy for a period in excess residence deemed by the City to Regulations of fourteen (14) days during any be of architectural and/or consecutive ninety (90) day historical significance and that period. complies with all provisions of the .070 Type of Building. The California Building Standards Bed and Breakfast Inn shall be Code as adopted by the City. located in asingle-family .070 Location. The Bed and residence deemed by the City to Breakfast Inn shall be located on be of architectural and/or an arterial highway. historical significance and that complies with all provisions of the California Building Standards Code as adopted by the City. .080 Location. The Bed and Breakfast Inn shall be located on an arterial highway. 18.38 38-16 18.38.080.090 .090 Expiration of Delete entire subsection Conditional Use Permit. .0901 Prior to the exercise of any conditional use permit for a Bed and Breakfast Inn, the owner of the property shall record a covenant against the property in a form approved by the City Attorney providing for the expiration of the permit and termination of the use as set forth above, which covenant shall be binding upon any successors in interest. :0902 Any conditional use permit issued by the City for any Bed and Breakfast Inn shall be subject to an express condition that the permit shall expire and the use shall terminate (unless a new conditional use permit is approved) upon any transfer of ownershi of the ro ert . Attachment II-D Page 7 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.38 38-20 18.38.130.090 .090 The person conducting .090 The home occupation the home occupation shall obtain shall be operated in supplement- a City business tax certificate for conformance wifh all ai use Regulations and shall register the home applicable laws. occupation with the Planning .100 The person conducting Department on forms provided for the home occupation shall obtain such purpose, together with a City business tax certificate for payment of a filing fee as and shall register the home established by resolution of the occupation with the Planning City Council. Department on forms provided for such purpose, together with payment of a fling fee as established by resolution of the Cit Council. 18.38 38-22 18.38.160.010 Ground-mounted mechanical or Ground-mounted mechanical or utility equipment and other such utility equipment and other such similar equipment shall be similar equipment shall be screened from view in all screened from view from all directions (360 degrees) from all public rights-of-way, public public rights-of-way, public property, and adjacent non- property, and adjacent non- industrially zoned properties as industrially zoned properties as may be seen from a point six (6) may be seen from a point six (6) feet above ground level on the feet above ground level on the .adjacent non-industrially zoned adjacent non-industrially zoned property. ro ert . 18.38 38-23 18.38.160.040 Site, elevation and landscape Site, elevation and landscape plans showing the screening for plans showing the screening for all new utility devices visible from atl new utility devices visible from all public rights-of-way, public all public rights-of-way, public property, and adjacent non- property, and adjacent non- industrially zoned properties as industrially zoned properties as may be seen from a point six (6) may be seen from a point six (6) feet above ground level on the feet above ground level on the adjacent non-tndustrially zoned adjacent non-.industrially zoned property, public right-of-way or property, public right-of-way or public property shall be submitted public property shall be submitted for Planning Department review for Planning Department review. for conformance with the adopted guidelines titled "Utility Equipment Screening Guidelines and S ecifications." 18.38 38-23 Add new No original text, new subsection Exception. Setback and subsection .050 screening requirements for public to 18.38.160 utility equipment may be :modified by the City for life safety and/or access reasons, or as otherwise established by guidelines ado ted b the Cit . Attachment II-D Page 8 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.38 38-23 18.38.180 Oil Production as defined in Oil Production as defined in Chapter 18.36 (Types of Uses) is Chapter 18.36 (Types of Uses), supplement- al use subject to the provisions of including abandonment of Regulations Cha ter 17.12 Oil Drillin and P ( 9 wells are sub ect to the 1 Production Regulations) of the provisions of Chapter 17.12 (Oil Anaheim Municipal Code, and to Drilling and Production the following additional Regulations) of the Anaheim provisions. Municipal Code, and to the followin additional rovisions. 18.38 38-32 18.38..230.140 Prior to issuance of a building Pricr to issuance of a building permit for a second unit, the permit for a second unit, the property owner shall provide property owner shall provide written proof to the Planning written proof to the Planning Department that an Department that an covenant unsubordinated covenant setting (including agreement and forth the following requirements, consent from any lender in a form satisfactory to the whose interest is secured by Planning Department and City the property) setting forth the Attorney's Office, has been following requirements, in a form recorded in the office of the satisfactory to the Planning Orange County Recorder: Department and City Attorney's Office, has been recorded in the office of the Orange County Recorder: 18.38 38-33 . 18.38240 Administrative A royals Administrative Reviews 18.38 38-36 18.38.240.110.1 Nothing in this section shall be Nothing in this section shall be 101 construed to prohibit traditional construed to prohibit traditional non-commercial holiday non-commercial holiday decorations for the period from decorations and any other Thanksgiving Day through national holiday, provided the January 5`h of the following year decorations do not contain and any other national holiday, advertising and comply with all provided the decorations do not ; applicable City Fire Codes. contain advertising and comply with all applicable City Fire - Codes. 18:38 38-36 18.38.240.120 All flags and banners shall be All flags and banners shall at all kept clean and any frayed, times be maintained in good discolored, damaged or and attractive condition. deteriorated flag or banner shall be replaced or repaired immediate) . 18.40 40-1 18.40.020.010 Lot Area General. No lot area Lot Area -General. No lot area shall be reduced or diminished shall be reduced or diminished General such that the yards or other open ' such that the yards or other open oeveiopment standards spaces shall be smaller than spaces shall be smaller than prescribed by this title, nor shall prescribed by this title, nor shall the density of population be the number of units and/or increased in any manner except building square footage be in conformity with the regulations increased in any manner except established herein. in conformity with the regulations established herein. Attachment II-D Page 9 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.40 40-1 18.40.030 Church steeples may exceed this Religious institution steeples or General eight (8)-foot limit if approved by similar structures may exceed ~eveioPment standards a conditional use permit. this eight (8)-footiimit if approved b a conditional use ermit. 18.40 40-2 18.40.040.020.0 The minimum setbacks for all The minimum setbacks for all 201 non-residential and multiple- non-residential and multiple- family lots and .parcels adjoining family lots and parcels adjoining one or more public or private one or more public or private streets or vehicle easements streets or vehicle easements shall be measured from the shall be measured from the closest building to the following: closest building to the closest of the followin 18.40 40-2 18.40.040.020.0 Front Setbacks for Residential Front Setbacks for Single-Family 202 Lots and Parcels. Residential Lots and Parcels. 18.40 40-2 18.40.040.040 All buildings used for educational All buildings used for educational purposes, for institutional purposes, for.institutional purposes classified as purposes classified as "Community Assembly' in "Community Assembly' in Chapter 18.36 (Types of Uses), Chapter 18.36 (Types of Uses), or for similar purposes shall have or for similar purposes shall have a landscaped setback of fifteen a landscaped setback of fifteen (15) feet from every boundary (15) feet from every boundary line of a property in any line of a property in any residential zone. residential zone or residential use. 18.40 40-3 18.40.040.060 If a lot abuts another city or If a lot abuts another city or county boundary, the setback county boundary, the setback from the boundary line shall be from the boundary line shall be determined based upon the most determined based upon the land appropriate zone, given the use and zone of the abutting city proposed land use and type of or county. development, of the abutting city or count . Attachment 11-D Page 10 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.40 40-3 18.40.050.020 .020 Landscaping of Setback .020 :Landscaping of Setback Areas. Required landscaping Areas. Required landscaping General ' shall be provided in accordance shall be provided in accordance Development standards with Chapter 18.46 with Chapter 18.46 Landsca in ( P~ 9)~ Landsca in For ro erties ( P 9) P P within the boundaries of the SE Overlay Zone, all required structural setbacks and yards adjacent to public streets and .arterial highways shall be landscaped and permanently maintained with lawn, ground cover, shrubs and trees as specified in subsection 18.20.150.010 'Setback Landscaping' of Chapter 18.20 (Sports Entertainment Overlay Zone) and as specified in the "Plant Palette" and the Design Guidelines for the Sports Entertainment (SE) Overlay Zone. 18.40 40-4 18.40.060.010 Anticipating that changes will Anticipating that changes will occur in the local neighborhoods occur in the local neighborhoods and the City generally, as a result and the City generally, as a result of noise as well as activities of activities associated with the associated with the City's City's development and growth, development and growth, the the dedications and dedications and improvements in improvements in this section are this section are deemed to be deemed to be necessary to necessary to prevent congestion , prevent congestion and other and other hazards that are hazards that are related to the related to the intensified use of intensified use of the land and to the land and to preserve the preserve the public health, safety public health, safety and general and general welfare. welfare. Attachment 11-D Page 11 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.40 40-4 18.40.060.020 The right-of-way for all streets, The right-of-way for all streets, highways, sewers, storm drains, highways, sewers, storm drains, General alleys and trails which abut or alleys and trails which abut or Development standards cross the subject property shall cross the subject property shall be dedicated to the full width be dedicated to the full width required by the City Engineer in required by the City Engineer in accordance with the Circulation accordance with the Circulation Element of the General Plan and Element ofthe General Plan and the City of Anaheim Standard any applicable Specific Plan, Details, as amended by any and as clarified by the City of master plan or precise alignment Anaheim Standard Details or approved by the City Engineer; Precise Alignments .approved prpvided, however, that no by the City Engineer; provided, dedication shall be required to however, that no dedication shall widen a major or primary street to be required to widen an arterial the additional width required to highway to the additional width meet the Critical Intersections required to meet the Standard standard. Required setbacks Detail for Supplemental Lanes shall be :measured from the Intersection Layout. Required ultimate right-of-way shown on setbacks shall be measured from the Circulation Element of the the ultimate right-of-way shown General Plan and the City of on the Circulation Element of the Anaheim Standard Details, as General Plan and as clarified by amended by any master plan or the City of Anaheim Standard precise alignment approved by Details or Precise Alignments, the City Engineer, including the approved by the City Engineer, Critical Intersection standard including the Standard Detail for applicable to the property. Supplemental Lanes Intersection La out. 18.40 40-4 18.40.060.030:0 When the City Engineer has When the City Engineer has 302 determined, in the interest of determined, in the interest of public health, safety and general public health, safety and general welfare, that some or all of the welfare, that some or all of the improvements should be delayed improvements should be delayed until a future date, the obligations until a future date, the obligations may be fulfilled in either of the shall be fulfilled in either of the followin wa s: followin wa s: 18.40 40-4 18.40:060.030.0 ' Where the future date is known, a Where the future date is known, a 302:01 faithful performance bond in the faithful performance bond in the form approved by the City of form approved by the City of Anaheim and in an amount to be . Anaheim for the period of time determined by the City Engineer that the improvement is shall be posted to guarantee . deferred and in an amount to be construction at a future date; or determined by the City Engineer shall be posted to guarantee construction at a future date; or 18.40 40-5 : 18.40.060.030.0 Nothing herein shall be construed Delete subsection 303 to relieve any property of any obligation to comply with any requirements imposed as a condition of approval for future ermits. Attachment II-D Page 12 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.40 40-5 18.40:060.040 .040 Improvement of Right-of- .0303 Supplemental Lanes Way-Critical Intersections. In Intersection Layout. In the case General the case of properties abutting all of properties abuttngall or any Development or any portion of an intersection portion of an intersection standards designated on the Circulation designated on the Circulation Element of the Anaheim General Element of the Anaheim General Plan as a Critical Intersection, Plan as supplemental lanes, as compliance with the obligation set forth in the Standard Detail imposed by Subsection .0302.02 for Supplemental Lanes above shall be met by installation Intersection Layout, compliance of all required improvements, or with the obligation imposed by payment of a sum of money in an Subsection .0302.02 above shall amount determined by the City be met by installation of all Engineer to be sufficient to pay required improvements, or for all required improvements, payment of a sum of money in an except those improvements of amount determined by the City costs related directly to Engineer to be sufficient to pay improvements for the Critical for all required improvements, Intersection standards which are except those improvements of in excess of standards otherwise costs related directly to applicable to the street or improvements for the .highway being improved. Supplemental Lanes Intersection Layout which are in excess of standards otherwise applicable to the street or hi hwa bein im roved. 18.40 40-5 New subsection Relocated text from .0304 Nothing herein shall be .0304 after 18.40.060.030.0303 construed to relieve any 18.40.060:030.0 property of any obligation to 303 comply with any requirements imposed as a condition of a rovalforfuture ermits. 18.40 40-5 18.40.060.050 .050 Street Lighting and Cable :040 Street Lighting and Cable Television Facilities. Street Television Facilities. Street lighting facilities and CATV lighting facilities and CATV underground structures shall be underground structures shall be installed prior to issuance of installed prior to issuance of occupancy permits in accordance occupancy permits in accordance with the official street lighting plan with the official street lighting plan and CAN specifications and CATV specifications approved by the Public Utilities approved by the Public Utilities General Mana er. General Mana er. 18.40 40-5 18.40.060.060 .060 Public Utilit Easements. .050 Public Utilit Easements. 18.40 40-5 18.40.060.070 .070 Fire Protection Facilities. 060 Fire Protection Facilities. 18.40 40-5 18.40.060.080 .080 Automatic Exem tions. . .070 Automatic Exem tions. 18.40 40-5 18.40.060.080.0 .0801 The following building .0701 The following building 801 permits are exempt from the permits are exempt from the requirements imposed by requirements imposed by Subsection .020 of this section: Subsection .020 of this section: Attachment II-D Page 13 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.40 40-6 18.40.060.080.0 :0802 The following building .0702 The following building 802 permits are exempt from the permits are exempt from the General requirements imposed by requirements impdsed by Development standards Subsections .030 through .070 of Subsections .030 through ..060 of .this section: this section: 18.40 40-6 18.40.060.090 090 Discretionary .080 Discretionary Exemptions. The Planning Exemptions. The Planning Commission may grant Commission may grant exemptions from any of the exemptions from all or a portion requirements imposed by of the requirements imposed by Subsections .020 through .070 of Subsections .020 through .060 of this section in accordance with this section in accordance with the procedures established in ' the procedures established in Chapter 18.60 (Common Chapter 18.60 (Common Procedures)forthe processing of Procedures)forthe processing of variances except that the findings variances except that the findings set forth in Section 18.74.060 set forth in Section 18.74:060 (Findings) of Chapter 18.74 (Findings) of Chapter 18.74 (Variances) shall not be required (Variances) shall not be required and provided that before any and provided that before any such exemption is granted by the such exemption is granted by the Planning Commission, it shall be Planning Commission, it shall be shown that either: shown that either: 18.40 40-6 18.40.060:090.0 .0901 There is no reasonable .0801 There is no reasonable 901 relationship between the need for relationship between the need for the required dedication and the required dedication and improvements and the type of improvements and the type of development project on which development project on which such requirements are imposed; such requirements are imposed; or or 18.40 40-6 18.40.060:090.0 .0902 The cost of the required .0802 The cost of the required 902 . dedication and improvements dedication and improvements unreasonably exceeds the unreasonably exceeds the burden or impact created by the burden or impact created by the develo ment ro'ect. develo ment ro'ect. 18.40 40-6 New subsection No original text, new subsection .090 Decisions of the City .090 after Engineer shall be appealable in 18.40.060.090.0 accordance with the 902 procedures established for Discretionary Exemptions, and subject to the findings in subsection .080, except that said appeal shall be to the City Council. 18.42 42-11 18.42.060:020 Driveway cuts for single-family Driveway cuts for single-family residences shall comply with residences shall comply with the Planning Detail No. P-1 Planning Detail for Permitted (Permitted Open Parking Spaces Open Parking Spaces and and Driveway Cuts for Single- ' Driveway Cuts for Single-Family Family Residents). Residents, as adopted by resolution of the Planning Commission. Attachment II-D Page 14 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.42 42-14 18.42..090.010.0 Where such parking area is Where such parking area is 101 adjacent to the front yard of the adjacent to the front setback of Parking residentially zoned or the residentially zoned or and residentially used lot, the wall residentially used lot, the wall Loading shall be reduced to thirty-six (36) shall be reduced to thirty-six (36) inches in height to a depth equal inches in height to a depth equal to the required front yard depth of to the required front setback the adjoining residential property. depth of the adjoining residential ro ert . 18.42 42-17 Graphic for See Exhibit C-1 See Exhibit C-2 subsection 18.42.030.010.0 105 18.42 42-18 Graphic for See Exhibit D-1 See Exhibit D-2 subsection 18.42.080.030 18.44 44-1 18.44.010 It is the further purpose of this It is the further purpose of this chapter to enhance the visual chapter to enhance the Signs quality of the City; to safeguard appearance and visual quality of and enhance property values in the City; to safeguard and residential, commercial and enhance property values in industrial areas; to protect public residential, commercial and investment in, and the character ; industrial areas; to protect public of public thoroughfares; to aid in investment in, and the character the attraction of tourists and other of public thoroughfares; to aid in visitors who are important to the the attraction of tourists and other economy pf the City; to reduce visitors who are important to the hazards to motorists and economy of the City; to advance pedestrians; and, thereby, to community design and safety promote the public health, safety standards in keeping with the and welfare. general plan of the City; to reduce traffic and other hazards to motorists and pedestrians; and, thereby, to promote the - ublic health, safet and welfare. Attachment II-D Page 15 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.44 44-1 18.44.020 Except as otherwise provided for Except as otherwise provided for and in this chapter, it is unlawful for in this chapter, it is unlawful for Signs 44-2 any person to construct, erect, any person to construct, erect, enlarge, alter or relocate within enlarge, alter or relocate within the City a sign as defined in this the City a sign„ as defined in this chapter, without first obtaining the chapter, without first obtaining the appropriate permits from the City. .appropriate permits from the City. This chapter is not intended to ' This chapter is not intended to invalidate Chapter 4.04 (Outdoor invalidate Chapter 4.04 (Outdoor Advertising Signs and Structures Advertising Signs and Structures - General) or Chapter 4.08 -General) or Chapter 4:08 (Outdoor Advertising Signs and (Outdoor Advertising Signs and Structures -Near Freeways) of Structures -Near Freeways) of the Anaheim Municipal Code. In the Anaheim Municipal Code. In case of inconsistencies, the ' the event of any conflict provisions of Chapter 4.04 or between this chapter and Chapter 4.08 shall apply. Chapter 4.p4 or 4.08 of the Anaheim Municipal Code, the applicable provisions of Chapter 4.04 or Chapter 4.08 shall prevail. All signs, regardless of content, shall be subject to the provisions of this chapter. Any noncommercial message may be substituted for the copy of any commercial sign allowed underthfs Cha ter. 18.44 44-6 18.44.030.540 "Under-Marquee Sign" means a Under-Awning Sign. "Under- pedestrian-oriented, double-sided Awning Sign" means a sign hung over a walkway, or pedestrian-oriented, double-sided beneath an awning, sign hung over a walkway, or perpendicular to the face of the beneath an awning or arcade, building to which it is attached. perpendicular to the face of the building to which it is attached. 18.44 44-8 18.44.050.010.0 Marquee or electronic reader- Marquee or electronic reader- . 101 board signs for an amusement board signs for an amusement facility, theater, lodging facility, facility, theater, lodging facility, church, community service school, automobile dealership organization, school or (which automobile dealership is automobile dealership (which the major tenant of a minimum automobile dealership is the three (3) acre site) or use major tenant of a minimum three identified as Community & (3) acre site), subject to the Religious Assembly as set limitations of Section 18.44.090. forth in subsection 18.36.040.030, subject to the limitations of Section 18.44.090. 18.44 44-10 Add new No original text, new subsection ' Noncommercial Messages. subsection .030 This chapter does not prohibit to 18.44.070 the display of a small, temporary sign with noncommercial messa es. Attachment II-D Page 16 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTfON 18.44 44-15 18.44.110 In addition to the aggregate area In addition to the signs permitted of signs permitted elsewhere in elsewhere in this chapter, the Signs this chapter, the following types following types of signs may be of signs may be permitted subject permitted subject to the to the limitations and conditions limitations and conditions rescribed herein: rescribed herein: 18.44 44-15 18.44.110.010 Wall signs are allowed in non- Wall signs are allowed in non- residential zones unless residential zones unless otherwise provided herein, otherwise provided herein. The provided the total area of any total aggregate area of wall such sign(s) shall not exceed ten sign(s), including the area of percent (10%) of the area of the ' awning signs or similar signs face of the building to which such affixed to :the building sign(s) is attached or two elevation, shall not exceed ten hundred (200) square feet, percent (10%) of the area of the whichever is less. Wall signs and face of the building to which such freestanding signs shall avoid sign(s) is attached or two duplicate text imagery. Wall hundred (200) square feet, signs shall comply with the whichever is less. Wall signs following provisions: shall avoid text imagery duplicative of freestanding signs on the same property. Wall signs shall comply with the followin rovisions: 18.44 44-16 18.44.110.020 . Wall mounted or freestanding Wall mounted or freestanding signs shall not exceed a height of signs shall not exceed a height of six (6) feet in height. six (6) feet in height. All directional signs shall comply with line-of-sight distance requirements set forth in subsection 18.44.080.080. 18.44 44-16 18.44.110:040 One (1) on-site marquee, not to One (1) on-site marquee, not to exceed twenty (20) square feet in exceed twenty (20) square feet in area, or a height of five (5) feet area, or a height of five (5) feet may be located where may be located where changeable copy is needed for changeable copy is needed for churches, schools and similar religious :institutions, schools institutions. and similar institutions. 18.44 44-20 18.44.190 Temporary for-sale or for-lease Temporary for-sale or for-lease signs for the purpose of signs for the purpose of advertising single contiguous advertising single contiguous grouping of lots or units for sale grouping of lots or units for sale or lease in the City of Anaheim or lease in the City may be may be permitted subject to the permitted subject to the following followin rovisions: rovisions: 18.44 44-21 18.44.190.020.0 Off-site tract signs may be Off-site tract signs may be 201 permitted on any vacant property permitted on any vacant property in any zone within the Anaheim in any zone within the City. Cit Limits. 18.44 44-24 18.44.250.030.0 That in any case the maximum That in any case the maximum 301 height of any billboard shall not height of any billboard shall not exceed thirt -six 36 feet; exceed thirt -six 36 feet. Attachment II-D Page 17 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.44 44-24 18.44.250.030.0 That within a three hundred (300) That within a three hundred (300) 302 foot radius of any structure used foot radius of any structure used Signs primarily for residential purposes primarily for residential purposes, the maximum height of any the maximum height:of any billboard shall not exceed twenty- billboard shall nbt exceed twenty- seven 27 feet. seven 27 feet. 18.44 44-24 18.44.250.040 All freestanding billboards shall All freestanding billboards shall be constructed on steel su orts be constructed on steel su orts. 18.44 44-24 18.44.250.050 Li htin Li htin . 18.44 44-32 Graphic for The same graphic shown twice to Graphic shown once referencing and subsections illustrate two code sections. See two code sections. See Exhibit 44-42 18.44.030.240 . Exhibits E-1A and E-1B E-2 and 18.44.120 18.44 44-36 Graphic for See Exhibit F-1 See Exhibit F-2 subsection 18.44.030.540 18.44 44-38 Graphic for See Exhibit G-1 See Exhibit G-2 subsection 18.44.080.020 18.44 44-40 Graphic for See Exhibit H-1 See Exhibit H-2 subsection 18.44.080.090 18.46 46-11 18.46.110.120 Screening of Utility Devices. All Screening of Utility Devices. All new utility devices, including but new utility devices, including but Landscap- not limited to utility boxes and not limited to utility boxes and ng & irrigation back-flow devices, irrigation back-flow devices, Screening . visible to any public right-of-way visible to any public right-of-way shall be screened by landscaping shall be screened by landscaping and/or decorative fences or walls . and/or decorative fences or walls as shown on site, elevation and except life safety equipment landscape plans submitted for that is required to be ' Planning Department review for completely or partially visible conformance with the adapted by the City. Plans shall be guidelines titled, "Utility submitted to the city including Equipment Screening and Color site, elevation and landscape Standards/Specifications - plans indicating compliance Guidelines for New Utility with this provision. Plans shall Devices on Private Property." also be subject to review and Plans shall also be subject to approval by the City Traffic and review and approval by the City Transportation Manager for line- Traffic and Transportation of-sight visibility. Plants used to Manager for line-of--sight visibility. screen equipment shall be of a minimum size adequate to fully screen the equipment within one 1 ear of lantin . 18.52 52-2 18.52:020.090 incentive(2) incentive(s) Density Bonuses 18.52 52-1 Entire chapter All definitions Capitalize all defined terms to 52- 7 Attachment II-D Page 18 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.52 52-4 18.52.040.040 6 person 5 person Density Bonuses 18.56 56-3 . 18.56.040:010.0 Asingle-family residence Unless otherwise provided in 105 developed with a nonconforming the Code, asingle-family Noncon- setback may be expanded residence developed with a fortuities provided the following can be nonconforming setback may be shown: expanded provided the following can be shown: 18.56 56-3 18.56.040.010:0 The addition is not a second unit. Delete subsection 105.05 18.56 56-5 18.56.060.030 New Signs. No new signs shall ' Delete subsection be allowed on a parcel until all existing non-conforming sign(s) are made conforming or removed. 18.56 56-7 18.56.100.010 The deadline for removal or A reasonable amortization alteration of a nonconforming period establishing the deadline structure may not be fixed at a for removal or alteration of a date before the expiration of the nonconforming structure may be normal life of the structure, as fixed by the Planning determined by the Planning Commission. Commission. 18.56 56-7 18.56.100.020 No order shall require the Delete sentence. removal or alteration of the nonconforming structure within ten (10) years from the time such order is made. 18.58 58-1 18.58.010 The purpose of this chapter is to The purpose of this chapter is to encourage the construction of encourage the construction of Affordable housing for very low income housing for Very Low Income Multiple- households, by providing certain Households. In return for Family incentives to Qualified Housing providing Affordable Units, the Housing Developments as a matter of Applicant may obtain certain Develop- right, and other incentives as a' incentives to Qualified Housing ments ' matter of discretionary action by Developments as a matter of the City. The standards and right, and other incentives as a incentives for Qualified Housing matter of discretionary action by Developments are intended to the City. The standards and provide a quality and supportive incentives for Qualified Housing living environment for very low Developments are intended to income families that are provide a quality and supportive compatible with surrounding land living environment for Very Low uses and neighborhoods. Income Households that are compatible with surrounding land uses and nei hborhoods. 18.58 58-1 18.58:010 Chapter, 18.44 (Density Bonus) , Chapter, 18.52 (Density Bonus) Attachment II-D Page 19 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.58 58-2 18.58.020 Affordable Rent" means the Affordable Rent" means the amount of monthly ihousing amount of monthly housing Affordable expenses, including a reasonable expenses, including a reasonable Multiple- allowance for utilities as allowance for utilities as Family determined by the Anaheim determined by the Anaheim Housing Housing Authority, paid by a Housing Authority, paid by a Develop- tenant for an Affordable Unit tenant for an Affordable Unit ments which amount shall not exceed which amount shall not exceed thirty percent (30%) of fifty thirty percent (30%) of fifty percent (50%) of the area median percent (50%) of the area median income for Orange County, income for Orange County, .adjusted for household size, as adjusted for household size, as provided in Section 18.58.030, provided in Section and divided by twelve (12). 18.58.030.030, and divided by twelve 12. 18.58 58-2 18.58.020.100 "High Service Transportation "High Service Transportation Corridor" means multimodal Corridor" means multimodal transportation corridors that transportation corridors that afford easy access to bus and rail afford easy access to bus and rail alternative transportation modes alternative transportation modes as approved and updated by the as approved from time to time City Traffic Engineer. For bus or and kept on file by the City rail travel, active transportation Traffic Engineer. For bus or rail corridors are those fixed routes travel, active transportation with peak period service corridors are those fixed routes headways of fifteen (15) minutes with peak period service or less at 6:00 to 9:00 a.m. peak headways of fifteen (15) minutes period. or less during the 6:00 a.m. to 9:00 a.m. eak eriod. 18.58 58-2 18.58.020.130 "Parking Incentive' means if "Parking Incentive" means a granted pursuant to Section reduction, granted pursuant to 18.58.050, a reduction in the Section 18.58.050, in the number of parking spaces number of parking spaces otherwise required for the otherwise required for the Qualified Housin Develo ment. Qualified Housin Develo ment. 18.58 58-2 18.58.020.160 Professional On-Site Professional On-Site and Management" means an Management" means an 58-3 apartment management company apartment management company that has sufficient experience, that has sufficient experience, organizational stability and organizational stability and capacity to manage the project. capacity to manage the Qualified The management company shall Housing Development. The employ afull-time resident management company shall manager exclusively employed to employ afull-time resident manage the project. manager exclusively employed to manage the Qualified Housing Develo ment. 18.58 58-3 18.58:020.170.1 Each Affordable Unit shall be of a . Each Affordable Unit shall be of a 706 minimum size as set forth in . minimum size as set forth in the Section 18.58:030.050 hereof; underl in zone; Attachment II-D Page 20 4/15/2004 CHAPTER PAGE 'CODE ORIGINAL TEXT ' CORRECTION SECTION 18.58 58-3 18.58.020.170.1 Upon completion of the Qualified Upon completion of the Qualified 710 Housing Development and prior Housing Development and prior Affordable to occupancy, the owner of the to occupancy, the owner of the Multiple- project shall provide for Qualified Housing Family Professional On-Site Development shall provide for Housing Develop- Management of all of the units in Professional On-Site ments the Qualified Housing Management of all of the units in Development; and the Qualified Housing Develo ment; and 18.58 58-4 18.58.030.040 The design and appearance of The design and appearance of the Affordable Units shall be the Affordable Units shall be compatible with the design of the compatible with the design of the total housing development. Qualified Housing Develo ment. 18.58 56-4 18.58.030.050 Each Affordable Unit shall meet Delete entire subsection. the minimum size requirements set forth below: 18.58 58-4 18.58.040.010 Provided the applicant agrees to Provided the applicant agrees to construct and restrict an construct and restrict an additional ten percent (10%) of additional ten percent (10%) of the units as Affordable Units, the the units as Affordable Units in Qualified Housing Development excess of the number of shall receive, upon request from Affordable Units required for the applicant a Density Bonus. ' the development to qualify as a Qualified Housing Development pursuant to subsection 18.58.020.170.1704, the Qualified Housing Development shall receive, upon request from the applicant a Densit Bonus. 18.58 58-5 18.58.040.030 The Density Bonus Units shall be The Density Bonus Units shall be included in the calculation of the included in the calculation of the total units in the Qualified total units in the Qualified Housing Development for the - Housing Development for the purpose of determining the total purpose of determining whether number of Affordable Units the total number of Affordable required pursuant to this chapter. Units proposed to be constructed meet the re uirements of this cha ter. 18.58 58-5 18.58.040.050 The provisions of this chapter The provisions of this chapter shall not apply to, and the shall not apply to, and the Density Bonus permitted by this Density Bonus permitted by this chapter shall not be available for, chapter shall .not be available for, any project applying for a density any Qualified Housing bonus pursuant to Chapter 18.52 Development applying for a (Density Bonus). ' density bonus pursuant to Cha ter 18.52 Densit Bonus . Attachment II-D Page 21 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.58 58-5 18.58.050:010 A Qualified Housing A Qualified Housing Development that meets one or Development that meets the Affordable more of the criteria set forth in criteria set forth in Subsection Multiple- Subsection .020 below shall, 020 below shall, upon request Family upon request from the applicant, from the applicant, receive a Housing Develop- receive a Parking Incentive as Parking Incentive as follows: menu follows: 18.58 58-5 18.58.050.020 In order to qualify for the Parking In order to qualify for the Parking Incentive described in Subsection Incentive the site must be .010 above, a Qualified Housing within one-quarter (1/4) mile of Development shall (a) provide a High Service Transportation and pay for one (1) local bus or Corridor. A Qualified Housing other transit pass serving Orange ' Development shall provide one County for each Affordable Unit of the following: in the Qualified Housing Development; such pass to be kept in effect and available at all times such Affordable Unit is occupied, and (b) identify one or .more of the following factors, which shall demonstrate a measurable reduction in the demand for parking at the Qualified Housin Develo ment: 18.58 58-5 18.58.050020.(' (a) The Qualified Housing .0201 Provide for one (1) a) Development is constructed local bus or other transit pass within pne-quarter (1/4) mile of a serving Orange County for High Service Transportation each Affordable Unit in the Corridor Qualified Housing Development as requested by the tenant. Such pass to be kept in effect and available at all times such Affordable Unit is occu ied; or 18.58 58-5 18.58.050.020( (b) Asocial service facility .0202 Asocial service facility b) (such as a daycare center) or (such as a daycare center) or service amenity (such as a . service amenity (such as a grocery store or pharmacy) is grocery store or pharmacy) is provided on-site or within one- provided on-site or within one- quarter (1/4) mile of the project. quarter (1/4) mile of the Qualified Housin Develo ment. 18.58 58-5 . 18.58.050.030 The applicant shall provide Delete entire subsection. parking spaces that are open and uncovered to the extent such is commercial) reasonable. Attachment II-D Page 22 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.58 58-5 18.58:050.040 Every Qualifed Housing Every Qualified Housing Development receiving a Parking Development receiving a Parking Affordable Incentive shall be subject to a Incentive shall be subject to a Multiple- limitation on the number of limitation on the number of Family vehicles permitted in the project vehicles permitted in the Housing Develop- equal to the number of parking Qualified Housing menu spaces provided.. Development equal to the number of parking spaces rovided. 18.58 58-6 18.58.060.010 In adding to the Parking In addition to the Parking Incentive, the applicant shall Incentive, since the need for receive, upon applicant's request, incentives will vary by additional incentives to facilitate Qualified Housing the inclusion of the Affordable Development, the applicant shall Units. Since the need for receive, upon applicant's request, incentives will vary by project, the additional incentives to facilitate applicant shall receive, upon the inclusion of the Affordable applicant's request, any of the Units in accordance with this following incentives: Section. Notwithstanding the foregoing, applicants seeking Development Incentives for a 4-story building shall be subject to discretionary review in accordance with subsection 18.58.060.020. 18.58 58-6 18.58.060.010:0 See Exhibit I-1 See Exhibit I-2 1 18.58 58-8 18.58.060.020 Applicants seeking development Applicants seeking Development incentives who propose Incentives who propose construction of a four (4) story construction of a four (4) story building shall be subject to the building shall be subject to the discretionary review of the discretionary review of the Planning Commission by Zoning Administrator by being .applying for a Conditional Use required to apply for and obtain Permit as set forth in Chapter - a Conditional Use Permit as set 18.60 (Procedures) and Chapter forth in Chapter 18.60 18.66 (Conditional Use Permit). (Procedures) and Chapter 18.66 The applicant shall demonstrate (Conditional Use Permit). The to the satisfaction of the Planning applicant shall demonstrate to the Commission that such incentive satisfaction of the Zoning does not negatively impact Adminstrator that any adjacent land uses. requested Development Incentive does not negatively im act adjacent land uses. Attachment II-D Page 23 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.58 58-8 18.58.070,010 The Pre-file process is designed The pre-file process is designed to identify issues of concern to identify issues of concern Affordable related to a project application, to related to a Qualified Housing Multiple- ' review preliminary plans for Development application, to Family compliance with City ordinances 'review preliminary plans for Housing Develop- and standards and to determine compliance with City ordinances menu the adequacy of the application. and standards and to determine The pre-file process fora the adequacy of the application. Qualified Housing Development The pre-file process for a is intended to streamline the Qualified Housing Development overall permitting process by is intended to streamline the providing an opportunity for the . overall permitting process by applicant to obtain development providing an opportunity for the requirements early in the process applicant to evaluate his or her in order to minimize revisions. compliance with development requirements early in the process in order to minimize revisions. 18.58 58-8 18.58.070.030 Each applicant shall have Each applicant shall have obtained the preliminary approval . obtained the preliminary approval of the Community Development of the Community Development Department with respect to Department with respect to compliance with the affordability compliance with the affordability requirements of this chapter prior requirements of this chapter prior to submission of a formal to submission of a formal application to the Planning .application to the Planning Department. Department and the Community Development Department pursuant to Section 78.58.080 A lication Submittals . 18.58 58-8 18.58.080 !t is the intent of this chapter that Moved to Section 18.58.110 and Qualified Housing Developments 18.58.080.010 shall be reviewed by both the Planning Department and the Community Development Department for compliance with the provisions of this chapter, including affordability and design requirements. Applications shall be reviewed by other city departments where appropriate. The regulations and procedures set forth in this chapter shall be available at the City and shall a I throw hout the Cit . 18.58 58-8 18.58.080.010 Application forms for this chapter Application forms for this chapter shall be made available to the and copies of the regulations public. and procedures set forth in this chapter shall be made available to the public at City Hall. Attachment II-D Page 24 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTfON 18.58 58-8 18.58.080.020 The application may be initiated The application may be by the verified owner or owners submitted by the record owner Affordable of each property comprising the or owners of each property Multiple- proposed Development Site. comprising the proposed Family Development Site Housing Develop- ments 18.58 58-9 18.58.080.040 If applicable, an application If applicable, an application pursuant to this chapter shall be ' pursuant to this chapter shall be processed concurrently with any processed concurrently with any other discretionary application(s) other discretionary application(s) required to permit the Qualified required to permit the Housing Development. Unless construction of the Qualified the proposed project requires that Housing Development. Unless discretionary actions be taken by the proposed Qualified Housing the Zoning Administrator, Development requires that Planning Commission or City discretionary actions be taken by , Council, final approval or the Zoning Administrator, disapproval of an application Planning Commission or City shall be made by the Planning Council, final approval or Director. disapproval of an application shall be made by the Planning Director. 18.58 58-9 18.58.080:050 In addition to the requirements In addition to the application, the identified in the application, the applicant shall provide at the time applicant shall provide at the time of application, an executed letter of application, an executed letter of understanding in such form of understanding acknowledging as is reasonably satisfactory to the basic terms of the Affordable the City acknowledging the basic Housing Agreement, including terms of the Affordable Housing the number of Affordable Units Agreement, including the number required under this chapter, as of Affordable Units required well as the unit type and under this chapter, as well as the affordable rent schedule for such unit type and Affordable Rent units. Approval of such letter : schedule for such units. from the Community Approval of such letter by the Development Department shall Community Development be a prerequisite to undertaking Department shall be a final action on the application. prerequisite to the Community Development Department and Planning Department undertaking final action on the a lication. Attachment II-D Page 25 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.58 58-9 18.58.090.010 All applications submitted to the Within thirty (30) days of Planning Department will be submittal, all applications Affordable processed to determine their submitted to the Planning Multiple- completeness. This processing Department will be processed to Family generally occurs during an initial determine their completeness, Housing Develop- 30-day period, and includes including review by a variety of ments review by a variety of individuals individuals and agencies to and agencies to identify whether identify whether additional .additional information is needed information is needed to fully to fully process the application process the application throw h the final decision. throw h the final decision. 18.58 58-9 18.58.110 Review of submitted plans shall It is intent of this chapter that include both the Planning and submitted Qualified Housing Community Development pevelopment applications be Departments, and shall also reviewed by both the Planning include but not be limited to other Department and the city departments. Such review Community Development shall include compliance with this Department for compliance chapter and other city codes, and with the provisions of this compliance with the following: chapter, including affordability and design requirements. Applications shall be reviewed by other City departments where appropriate. Such review shall include a review of compliance with this chapter and other City codes, and a review of compliance with the following standards: 18.58 58-10 18.58.120 Not later than ten (10) days after Not later than ten (10) days after the completion of the review, the the completion of the review and city shall inform the applicant that execution of an Affordable the requested proposal has been ' Housing Agreement by the approved, that alternative or applicant, the City shall inform modified additional incentives the applicant that the requested pursuant to Section 18.58.060 proposal has been approved, that have been approved in lieu of the alternative or modified requested incentives, or that the Development Incentives application has been denied. pursuant to Section 18.58.060 have been approved in lieu of the i requested Development Incentives, or that the application has been denied. Notification of any decision made by the Planning Director with respect to an application shall be given in writin to the a licant. 18.58 58-10 18.58.130.010 Appeals may be filed by anyone . Appeals may be filed by any dissatisfied with the decision on applicant dissatisfied with any the application for a Qualified decision made on the application Housing Development. for a Qualified Housing Develo ment. Attachment II-D Page 26 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.58 58-10 18.58.130:020 Any appeal of the Planning . Any appeal of a decision of the Director's decision shall be filed ' Planning Director shall be filed Affordable with the Planning Commission for . with the Planning Commission for Multiple- consideration as a "Reports and consideration as a "Reports and Family Recommendations' item. If the Recommendations" item. Any Housing Develop- a royal authorit is not the pP Y a ppeal of a decision made by merits ' Planning Director, the appeal anyone other than the Planning authority for decisions under this Director shall be made in chapter shall be as set forth in accordance with Section Section 18.60.140 (Appeal 18.60.140 (Appeal authority) of authority) of Chapter 18.60 Chapter 18.60 (Procedures). Procedures . 18.58 58-10 18.58.130.030 An appeal must be filed within ten An appeal must be filed by the (10) days after the decision by applicant within fifteen {15) days the Planning Director. from the date indicated on the written notification of the decision made by the Planning Director. 18.58 58-10 18.58.140 The approved term to exercise an The approved term to obtain entitlement for a Qualified building permits, thereby Housing Development shall be ' exercising the entitlement fora one (1) year from the date of Qualified Housing Development approval. shall be one (1) year from the date of a royal. 18.58 58-10 18.58.150.010 Applicants utilizing this chapter Applicants utilizing this chapter shall enter into an Affordable shall enter into an Affordable Housing Agreement with the City Housing Agreement with the City in accordance with this chapter prior to the approval of any and inform and substance application for a Qualified acceptable to the City. Housing Development in accordance with this chapter and in form and substance acceptable to the Cit . 18.58 58-10 18.58.150.020 The Affordable Housing The Affordable Housing Agreement shall be binding to all Agreement shall be binding on all ' future owners and successors in future owners and successors in interest. interest. 18.58 58-11 18.58.150.030.0 A description of the additional A description of the Density 306 incentive(s) being provided by the Bonus, Parking Incentive and City; Development Incentive(s), if an bein rovided b the Cit ; Attachment II-D Page 27 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.58 58-11 18.58.150.030.0 The obligation of the owner to The obligation of the owner to 310 provide frst priority to people who provide first priority to people who Affordable live or work in the City to rent the live or work in the`City to rent the Multiple- Affordable Units and the Affordable Units to the extend Family obligation to provide the Anaheim permitted by law and the Housing Develop- ' Housing Authority, at initial lease- ' obligation to provide the Anaheim ments up, with a sixty (60) day priority to Housing Authority, at initial lease- refer rental applicants under its up, with a sixty (60) day priority to Section 8 Housing Choice refer rental applicants under its Vouchers Waiting List and its Section 8 Housing Choice Affordable Housing Waiting List; Vouchers Waiting List and its Affordable Housing Waiting List, to the extent ermitted b law; 18.58 58-11 18.58.150.030.0 The obligation of the owner to The obligation of the owner to 311 provide an acceptable written provide prior to the execution management plan to the of the Affordable Housing Community Development Agreement, an acceptable Director setting forth the owner's written management plan to the policies and procedures for Community Development renting, managing, maintaining Director setting forth the owner's and operating the Qualified policies and procedures for Housing Development to assure renting, managing, maintaining a healthy and secure living and operating the Qualified environment for the residents; Housing Development to assure which is consistent with a healthy and secure living reasonable business practices environment for the residents; and property management which is consistent with standards established in Orange reasonable business practices County, California; and property management standards established in Orange Count ,California; 18.58 58-11 18.58.150.030:0 A description of remedies for A description of remedies for 312 breach of the agreement by breach of the agreement by either party (the City may identify either party (the City may identify tenants as third party tenants as third party beneficiaries under the beneficiaries under the a reement ; a reement ;and 18.58 58-11 18.58.150.030.0 Other provisions to ensure Other provisions to ensure 313 implementation and compliance implementation and compliance with this chapter and the . with this chapter, matters Affordable Housing Agreement. ' addressed in the application and the Affordable Housing A reement. 18.60 60-1 18.60.130 18.60.130 Appeals -general 18.60.130 Appeals -general. Procedures Attachment II-D Page 28 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.60 60-2 18.60:020:030 The Zoning Administrator shall The Zoning Administrator shall have the authority, after holding a have the authority, after holding a Procedures public hearing as provided in public hearing as provided in Section 17.08.060 of Chapter Section 17.08.060 (Advisory 17.08 (Subdivisions) of this Code, Agency) of Chapter 17.08 to make determinations on (Subdivisions) of the Anaheim applications for tentative parcel Municipal Code, to make maps. This authority shall be determinations on applications for limited to the following: tentative parcel maps. This authority shall be limited to the followin 18.60 60-2 18.60.020.040 The Zoning Administrator shall The Zoning Administrator shall consider and make a decision or consider and make a decision or recommendation on an recommendation on an application based on the findings application based on the findings set forth in subsection set forth in subsection 18.62.040.060 (Findings) for 18.62.040.060 (Findings) for modifications of standards for modifications of standards for nonconforming lots as set forth in nonconforming lots as set forth in Section 18.56.020 Section 18.56.020 (Nonconforming Lots) of Chapter (Nonconforming Lots) of Chapter 18.56 (Nonconformities) and 18.56 (Nonconformities) and modifications of use for modifications of use for nonconforming uses as set forth nonconforming uses as set forth in 18.56.030 (Nonconforming in subsection 18.56.030.030 Uses) of Chapter 18.56 (Modification of Use) of Chapter Nonconformities . 18.56 Nonconformities . 18.60 60-2 18.60.020.040.0 The Zoning Administrator shall The Zoning Administrator shall 401 either deny or recommend approve, conditionally approve approval of the modification(s) or deny the modification(s) based based on all applicable provisions ' on all applicable provisions of of Chapter 18.56 Chapter 18.56 (Nonconformities) (Nonconformities) and other and other provisions of this title provisions of this title applicable applicable to the zone in which to the zone in which the subject the subject property is located. ro ert is located. 18.60 60-2 18.60.020.040.0 A decision of the Zoning Delete subsection 402 Administrator to deny the modification(s) is final and may not be appealed. A recommendation of the Zoning Administrator to approve the modification(s) shall be placed on the consent calendar of the City Council. 18.60 60-3 18.60.020:040.0 .0403 Any action of the Zoning .0402 Any action of the Zoning 403 Administrator shall be taken in a Administrator to approve, public meeting, but no notice of conditionally approve or deny public hearing shall be necessary ' a permit application shall be before such action. taken in a meeting open to the public. Notice of the meeting shall not be required before such action. Attachment II-D Page 29 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.60 60-3 18.60.040.010 Contents. An application shall be Contents. An application shall be filed on forms prescribed by the ' filed on forms prescribed by the Procedures Planning Commission and Planning Director and contain all contain all re uired information. re uired information, 18.60 60-3 18.60.040.020 The chapter describing a specific Eligible applicants for a type of .permit or entitlement also specific type of permit are sets forth who can bean identified in the chapter applicant. describing that specific type of ermit. 18.60 60-3 18.60.050 All applications submitted to the Development permit Planning Department will be applications submitted to the reviewed to determine their Planning Department will be completeness. This processing reviewed to determine generally occurs during an initial completeness. This processing 30-day period, and includes generally includes review by a review by a variety of individuals variety of individuals and and agencies to identify whether . agencies to determine whether additional information is needed additional information is to fully process the application necessary to process the through the final decision. application through the fnal decision. 18.60 60-3 18.60.050.010 After the initial review period, if The Planning Department shall the application is deemed make a written determination complete, City staff shall continue of completeness within thirty to process the request. If the (30) days. If the application is application is incomplete, the deemed complete, City staff shall applicant shall be informed in continue to process the request. writing that additional information, If the application is incomplete, as specified in the letter, must be the applicant shall be informed in provided. writing that additional information, as specified in the letter, must be rovided. 18.60 60-4 18:60.070 The acceptance of the withdrawal Acceptance of the withdrawal shall'be without :prejudice to the ' shall be without prejudice to the a lication. a lication. 18.60 60-4 18.60.100 Notice of the public hearing shall Notice of the public hearing shall be provided as required by state be provided as required by state law. The description of the law, including special property shall include a reference provisions for drive-through to the nearest putilic street facilities. The description of the intersection and the direction of property shall include a reference the project site relative to that to the nearest public street intersection. Notice is required to intersection and the direction of be comply with state laws, the project site relative to that including special provisions for intersection. drive-throw h facilities. Attachment II-D Page 30 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.60 60-4 18.60.110.010 The approving authority shall The approving authority shall take action on the application in take action a development Procedures accordance with the time permit application in°accordance requirements in Sectipn 65950 of with the time requirements in the California Government Code, Section 65950 of the California or the section that may be Government Code, or the section subsequently adopted to replace that may be subsequently Section 65950, unless extended adopted to replace Section by mutual written agreement of 65950, unless extended by the applicant and the approving mutual written agreement of the authority. applicant and the approving authorit . 18.60 60-4 18.60.110.020 The approving authority may The approving authority may establish conditions of approval. establish conditions of approval which are deemed reasonable which are deemed reasonable and necessary to carry out the and necessary to carry out the ur ose of the s ecific ermit. ur ose of the s ecific ermit. 18.60 60-5 18.60.120 Not later than ten (10) days after Not later than ten (10) days after the adoption of a resolution for approval, conditional approval, or approval, conditional approval, or denial of a permit application or denial of a permit application or an appeal, the Planning an appeal, the Planning Department shall prepare and Department shall prepare and mail to the applicant and property mail to the applicant and property ' owner a formal written notice of pwner a formal written notice of the action. the action. 18.60 60-5 18.60.130 Appeals provide an opportunity Appeals provide an opportunity for the reconsideration of land for reconsideration of land use use decisions in a ublic hearin decisions in a ublic hearin . 18.60 60-6 18.60.130 No original text, new subsection .070 Prior to the City Council public hearing, an appeal may be withdrawn by : the party who filed the appeal provided the withdrawal is submitted fn writing to the City Clerk prior to or at the public hearing. However, if more than one party has filed an appeal, all of said parties must withdraw their appeal, otherwise the City Council shall consider the request. If a valid withdrawal is submitted the decision of the original approval authority shall stand as the final decision at the end of the on final a eal eriod. 18.60 60-6 18.60.160 The approval term maybe The establishment term maybe lengthened to match the approval lengthened to match the term of a concurrent land use establishment term of a application on the subject concurrent land use application ro ert . on the subject ro ert . Attachment II-D Page 31 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.60 60-6 18.60.170 18.60.170 EXTENSION OF 18.60.170 EXTENSION OF TIME TO EXERCISE TIME TO COMPLY WITH Procedures .ENTITLEMENT. CONDITIONS OP'APPROVAL. The approved time period to The approved time period to satisfy conditions of approval to satisfy conditions of approval to exercise an entitlement may be establish an approved use or extended at the discretion of the structure may be extended at appropriate approval authority. . the discretion of the appropriate approval authority. 18.60 60-7 18.60.170.020:0 The extension of time will not The extension of time will not 201 extend the approval beyond two extend the approval beyond two (2) extensions of time, with each (2) extensions, with each extension not to exceed one (1) extension not to exceed one (1) year, or any greater or lesser time year, or any greater or lesser time increment specified in the original increment specified in the original resolution, or decision if approved resolution, or decision if approved b the Zonin Administrator. b the Zonin Administrator. 18.60 60-7 18.60.170:020.0 Cost of inspection is established Cost of inspection is established 204 pursuant to Section 1.01.389.030 pursuant to Section 1.01.389.030 of the Anaheim Municipal Code, of the Anaheim Municipal Code, and shall be paid by the applicant and shall be paid by the applicant prior to consideration of the time prior to consideration of the extension by the determining extension application by the bod a royal authorit , 18.60 60-7 18.60.180 Requests for reinstatements or Requests for reinstatements or renewals of atime-limited permit renewals of atime-limited permit or variance shall be made in shall be made in writing no later writing no later than six (6) than six (6) months after the months after the expiration date expiration date of the permit of the permit sought to be sought to be reinstated or reinstated or renewed, and must renewed, and must be be accompanied by an accompanied by an application application form and the required form and the required filing fee. flin fee. 18.60 60-8 18.60.180.020 Upon application for extension of Upon application for extension, time, the expiration of the permit the expiration of the permit shall shall be stayed until a formal be stayed until a formal action action has been taken on the has been taken on the extension extension request, but in no event request, but in no event for more for more than one 1 ear. than one 1 ear. 18.60 60-8 18.60.180.030 An approval for an extension of An approval for an extension time shall be granted only upon shall be granted only upon the the applicant presenting evidence applicant presenting evidence to to establish the followin findin s: establish the followin findin s: Attachment II-D Page 32 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.60 60-8 18.60.190.010 Such amendments would Such amendments include tenant typically include tenant improvements, remodeling where Procedures improvements, remodeling where the total building square footage the total building square footage is not increased, facade is not increased, fagade remodeling and minor building remodeling and minor building additions where parking is not additions where parking is not impacted. im acted. 18.60 60-8 18.60.190.020 Minor amendments would Minor amendments require and typically not be subject to a public Planning Commission or Zoning 60-9 hearing but would be scheduled, Administrator consideration to as appropriate, for Planning determine whether the Commission or Zoning amendment is in substantial Administrator consideration to conformance with the use and/or determine whether the the plans that were originally amendment is in substantial approved. Such review authority conformance with the use and/or may approve in whole or in the plans that were originally part, conditionally approve, or approved. Such review authority deny the amendment. Minor would have the discretion to amendments do not require a approve, approve in part, or deny public hearing unless the the amendment. The review review authority determines, in authority would also have the its discretion, that a public discretion to decide that a public hearing is appropriate. hearin would be a ro riate. 18.60 60-9 18.60.190.030 The review authority would have The review authority may the discretion to approve, approve in whole or in part, approve in part, or deny the conditionally approve, or deny amendment. the amendment. 18.60 60-9 18.60.200.010.0 That the permit or variance That the permit granted is being, 104 granted is being, or recently has or recently has been exercised been exercised contrary to the contrary to the terms or terms or conditions of such conditions of such approval, or in approval, or in violation of any violation of any statute, statute, ordinance, law or - ordinance, law or regulation; re ulation; 18.60 60-10 18.60.200.010.0 That any such modification, That any such modification, 107 including the imposition of any including the imposition of any additional conditions thereto, is additional conditions thereto, is reasonably necessary to protect reasonably necessary to protect the public peace, health, safety or the public peace, health, safety or general welfare, or necessary to general welfare, or necessary to permit reasonable operation permit reasonable operation under the conditional use permit under the permit as granted. or variance as ranted. 18.60 60-10 18.60.210 The Planning Commission, on its : The Planning Commission, on its initiative or at the request of City initiative or at the request of City staff, or requst of the property staff, or request of the property owner may initiate a process to owner may initiate a process to terminate any permit that is no terminate any permit that is no Ion er in use. Ion er in use. Attachment II-D Page 33 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.60 80-10 18.60.210.010 If the property owner protests the If the property owner protests the termination or fails to reply prior termination or fails to reply prior Procedures to action being taken, the to action being taken; the proposed action shall be proposed action shall be considered a revocation and shall considered a revocation and shall be processed pursuant to Section be processed pursuant to Section 18.60.180; provided, however, 18.60.200; provided, however, that a permittee who does not that a permittee who does not continue to legally occupy the continue to legally occupy the property does not have the property does not have the authorit to affect the termination. authorit to affect the termination. 18.66 66-2 18.66.040.020. No original text, new subsection ,0208 Affordable Multiple- Family Housing Developments Conditional over three (3) stories. Use Permits 18.74 74-3 18.74.060.030 ' Special Findings. Before the Special Findings. There are approval authority, or City . instances expressly set forth in Variances Council on appeal, may approve the Code where the required a variance relating to parking as findings set forth in subsection provided in Section 18.42.110 .020 for granting of a variance (Parking Variances) or are not appropriate, and dedications and improvements as alternative required findings provided by Subsection have been identified, including .18.40.080.090 of Section but not limited to, variances 18.40.080 (Dedications and relating to parking as provided Improvements), it shall make a in Section 18.42.110 (Parking finding of fact, by resolution or Variances) or dedications and written decision, as identified in improvements as provided by those sections. Subsection 18.40.080.090 of Section 18.40.080 (Dedications and Improvements). Before the approval authority, or City Council on appeal, may approve a variance in said instances, it shall make findings of fact, by resolution or written decision, as identified in those sections. 18.74 74-2 18.74.040.020 The Zoning Administrator shall The Zoning Administrator shall have the authority to hear the have the authority to consider standards listed below, except and make decisions on that requests for modifying more variances of the standards listed than two standards shall be below, except that requests for considered by the Planning modifying more than two Commission: standards shall be considered by the Plannin Commission: Attachment II-D Page 34 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.90 90-1 18.90:020.020 Conflicting Provisions. Where Conflicting Provisions. Where General provisions of this title conflict, the provisions of this title conflict, the Provisions most stringent standard shall most stringent standard shall apply unless otherwise specified. ', apply unless othenvise,specifed. Where provisions of this title conflict with provisions of law which are determined to preempt and supersede the City's authority pursuant to its Charter to make and enforce all laws and regulations in respect to municipal affairs, the provisions which preempt and su ercede this title shall a I . ' 18.92 92-3 18.92.040 "Arterial Highway." A roadway "Arterial Highway." A roadway used primarily for through traffic ' used primarily for through traffic Definitions that is designated by one of the that is designated by one of the following terms on the Roadway following terms on the Planned Network map in the General Roadway Network map in the Plan: Resort Smart Street, General Plan: Scenic Stadium Area Smart Street, Expressway, Resort Smart Scenic Expressway, Major Street, Stadium Smart Street, Arterial, Hillside Major Arterial, Major Arterial, Primary Arterial, Primary Arterial, Hillside Primary Hillside Primary Arterial, Arterial, Secondary Arterial, Secondary Arterial, Hillside Hillside Secondary Arterial, Secondary Arterial, Collector Commuter Street and Hillside Street and Hillside Collector Commuter Street. Street. 18.92 92-5 18.92:060 New definition "Cover Charge." An admission fee imposed upon patrons including advanced prepayment for meals and similar fees. 18.92 92-13 18.92.210 An establishment that is engaged Add to the end: primarily in the business of No admission fee, cover preparing and serving meals for charge, advance pre-payment immediate consumption either on for meals, or similar fees shall or off the premises. The term be imposed upon patrons as a "primarily" shall mean that food condition of entry to the and nonalcoholic beverage sales premises. comprise a minimum of sixty percent (60%) of the gross income from the establishment's business operations. The food preparation or kitchen area for a restaurant shall be permanently designed for food preparation and food storage purposes and shall constitute not less than twenty percent {20%) of the gross floor area of the restaurant, includin outdoor dinin areas. Attachment II-D Page 35 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.92 92-16 18.92.220 "Setback, Required." The "Setback, Required." The minimum dimension between a minimum dimension between a Definitions structure and the adjacent public structure and the'adjacent public right-of-way such as a street, right-of-way such as,a street, highway, expressway or freeway; highway, expressway or freeway; or any adjacent private vehicle or any adjacent private vehicle accessway easement, excluding accessway easement, excluding private driveways; or any railroad private driveways; or any railroad or any equestrian and hiking trail or any riding and hiking trail easement; or any interior easement; or any interior ro ert line. ro ert line. 18.92 92-17 18.92.260 New definition "Women, Infant and Children (W.I.C.) Store." A store that sells merchandise through the County of Orange Women, Infant and Children (W.I.C.) program and does not include fast-food services or other services separate from typical W.I.C. transactions. 18.102 102-6 18.102.080.100 Required Location and Type of Required Location and Type of Wall - A four (4) foot high wood Wall - A four (4) foot high wood Sycamore split rail fence shall border the split rail fence shall border the Canyon northern side of the ten (10) foot northern side of the ten (10) foot Specific wide equestrian and hiking trail wide riding and hiking trail Plan adjacent to the southerly adjacent to the southerly boundary of the Development ' boundary of the Development Area (The Summit boundary). Area (The Summit boundary). 18.104 104- 18.104.080,010.: Equestrian, hiking and biking Riding and :hiking trails in 22 0104 trails in conformance with City of conformance with City of The Summit ' Anaheim and/or County of Anaheim and/or County of of Anaheim ' Orange MasterPlans. Orange Master Plans. Hills Specific Plan Attachment II-D Page 36 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.112 112- 18.112.100.010 : Equestrian, hiking and biking Riding and hiking trails and 48 (A)(2) trails and picnicking areas. picnicking areas. Mountain Park Specific Plan 18.114 114-2 . 18.114.010.010 Purpose. The regulations set Purpose. The regulations set forth in this chapter have been forth in this chapter have been Disney- established to provide for orderly established to provide for orderly land development of, and upon development of, and upon Resort adoption of an ordinance adoption of an ordinance Specific reclassifying said property to SP reclassifying said property to SP Plan 92-1 (the "Zone"), shall be 92-1 (the "Zone"), shall be applicable to that certain property applicable to that certain property (hereinafter referred to as the ' (hereinafter referred to as the "Specific Plan area") described in "Specific Plan area') described in that Specific Plan No. 92-1 that Specific Plan No. 92-1 document (hereinafter referred to document (hereinafter referred to as the "Specific Plan") marked as the "Specific Plan") marked "Exhibit A" and on file in the "Exhibit A" and on file in the Office of the City Glerk approved Office of the City Clerk approved !by the City Council on June 29, by the City Council on June 29, 1993; and as amended on April 1993; and as amended on April 12, 1994 (Ordinance No. 5420); 12, 1994 (Ordinance No. 5420); June 20, 1995 (Ordinance No. June 20, 1995 (Ordinance No. 5503); October 22, 1996 5503); October 22, 1996 (Ordinance No. 5580); July 13, (Ordinance No. 5580); July 13, 1999 (Ordinance No. 5689); and 1999 (Ordinance No. 5689); and March 19, 2002 (Ordinance Np. March 19, 2002 (Ordinance No. 5807) or as the same may be 5807) or as the same may be hereinafter amended in hereinafter amended in accordance with the Specific Plan accordance with the Specific Plan Amendment procedures set forth Amendment procedures set forth in Chapter 18.93 (Specific Plans). in Chapter 18.72 (Specific Plans). (Ord. 5503 § 1; June 20, 1995; (Ord. 5503 § 1; June 20, 1995; Ord. 5580 § 1 (.part); October 22, Ord. 5580 § 1 (part); October 22, 1996. 1996. 18.114 114-2 18.114.010.030 Organization. In accordance with Organization. In accordance with the provisions of Chapter 18.93 the provisions of Chapter 18.72 (Specific Plans), the standards (Specific Plans), the standards herein are patterned after the herein are patterned after the zone districts and definitions zone districts and definitions contained in Title 18 (Zoning). contained in Title 18 (Zoning). (Ord. 5378 §1 (part); June 29, ', (Ord. 5378 §1 (part); June 29, 1993.) 1993.) Attachment II-D Page 37 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.114 114-3 18.114.020.040 District Boundaries. The Specific District Boundaries. The Specific Plan area is divided into five land Plan area is divided into five land Disney- use Districts (the "Districts"): use Districts (the"`Districts"): land Theme Park District, Parking Theme Park District,. PaFl=.ing Resort District, Hotel District, Future District, Hotel District, Future Specific Expansion District and District A. Expansion District and District A. Plan The Specific Plan area and The Specific Plan area and District boundaries are identified District boundaries are identified on Exhibit 3.3b (Development on Exhibit 3.3b (Development Plan) of the Specific Plan : Plan) of the Specific Plan document. The project area legal document. The project area legal description is provided in Section description is provided in Section 9.0 of the Specific Plan 9.0 of the Specific Plan document. Modifications to the document. Modifications to the configuration and size of the configuration and size of the District boundaries may result District boundaries may result from technical refinements and from technical refinements and site conditions in the subdivision site conditions in the subdivision and/or Final Site Plan process, and/or Final Site Plan process, and may be modified in and may be modified in accordance with the procedures accordance with the procedures set forth to subsection . set forth in subsection 18.114.040.020 (Final Site Plan 18.114.040.020 (Final Site Plan Approval) without amendment to Approval) without amendment to the Specific Plan. Precise District the Specific Plan. Precise District boundaries shall be established, boundaries shall be established, as hereinafter prcvided, by the as hereinafter provided, by the submittal, review and approval of submittal, review and approval of subdivision maps in conjunction subdivision maps in conjunction with the subdivision process as with the subdivision process as set forth in Chapter 17.08 set forth in Chapter 17.08 (Subdivisions) and Title 18 (Subdivisions) and Title 18 (Zoning) of the Anaheim (Zoning) of the Anaheim Municipal Code and/or (Final Site Municipal Code and/or Final Site Plans) in accordance with Plans in accordance with subsection 18.114.040.020 (Final subsection 18.114.040.020 (Final Site Plan Approval). The Zoning Site Plan Approval). The Zoning Map of the City shall reflect the Map of the City shall .reflect the boundaries of the District as boundaries of the District as defined in conjunction with the defined in conjunction with the recordation of subdivision maps recordation of subdivision maps or approval of Final Site Plans if or approval of Final Site Plans if no subdivision is involved. no subdivision is involved. 18.114 114- 18.114.050 18.118.050 LAND USES AND 18.114.050 LAND USES AND 14 SITE DEVELOPMENT SITE DEVELOPMENT STANDARDS -GENERAL. STANDARDS -GENERAL. Attachment II-D Page 38 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.114 114- 18.114:050.090. Signs Permitted. Signs shall be Signs Permitted. Signs shall be 21 0908 permitted as provided in Section permitted as provided in Section Disney- 18.114.130 (Sign Regulations) 18.114.130 (Sign Regulations) land except as otherwise restricted by except as otherwise restricted by Resort subsection 18.114.130.060 subsection 18.114.130.060 Specific (Business and Identification (Business and Identification Plan Signs), Exhibit 7.Oa (General Signs), Exhibit 7.Oa (General Sign Standards Matrix) and Sign Standards Matrix) and Exhibit 7.Ob (Hotel/Motel Sign . Exhibit 7:Ob (Hotel/Motel Sign Standards Matrix) found in Standards Matrix) found in subsection 18.114.130.0604 subsection 18.114.130.060.0604 (Sign Standard Matrices) and (Sign Standard Matrices) and subsection 18.114.130.070 subsection 18.114.130.070 (Automotive Service Station (Automotive Service Station Si ns . Si ns . 18.114 114- 18.114.050.100. Land which is vacant for over one Land which is vacant for over one 24 1010.02 (1) year may be screened by a (1) year may be screened by a chainlink fence and green scrim chainlink fence and green scrim as required in (a) above; as required in .01 above; however, the fence shall be however, the fence shall be relocated so that a minimum relocated so that a minimum three (3) foot high and minimum three (3) foot high and minimum ten (10) foot wide berm, or a ten (10) foot wide berm, or a minimum three (3) foot high minimum three (3) foot high hedge screen located in a hedge screen located in a minimum three (3) foot wide ' minimum three (3) foot wide landscape area shall be planted landscape area shall be planted adjacent to the public right-of-way adjacent to the public right-of-way in front of the chainlink fence with in front of the chainlink fence with scrim. Landscape on said berm scrim. Landscape on said berm or hedge screen shall be or hedge screen shall be maintained in a healthy condition maintained in a healthy condition as described in subsection as described in subsection 18.114.050.110 (Landscaping), 18.114.050.110 (Landscaping), and shall conform to the Design . and shall conform to the Design Plan. Plan. 18.114 114- 18.114:060.050. From a point eleven hundred From a point eleven hundred 32 0504.02 (1,100) feet east of the centerline (1,100) feet east of the centerline of Disneyland Drive to the of Disneyland Drive to the western right-of-way of Harbor western right-of-way of Harbor Boulevard: nineteen (19) feet . Boulevard: nineteen (19) feet minimum, with landscaping ' minimum, with landscaping consistent with Design Plan consistent with Design Plan Cross Sections numbers 2a and Cross Sections Numbers 2a and 2b. 2b. 18.114 114- 18.114.105 18.78.105 POINTE ANAHEIM 18.114.105 POINTE ANAHEIM 46 OVERLAY. OVERLAY. Attachment II-D Page 39 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.114 114- 18.114.130.010. .012 Lighter Box Sign. An .0124 Lighter Box Sign. An 61 0124 illuminated sign that contains illuminated sign that contains Disney- words, numbers or symbols, words, numbers or symbols, land designed to be an integral part of designed to be an integral part of Resort the architecture of a service the architecture of a service Specifc station, and intended to be station, and intended to be Plan placed above the fuel pumps of a placed above the fuel pumps of a service station for purposes of service station for purposes of providing light for the working providing light for the working area and commercial area and commercial identification. . identification. 18.114 114- 18.114.130.070. Such signs shall use the standard Such signs shall use the standard 61 0701:03 Anaheim Resort monument sign Anaheim Resort monument sign design and conform to the design and conform to the appropriate size as specified in appropriate size as specified in Exhibit 7.Oa (General Sign Exhibit 7.Oa (General Sign Standards Matrix) in paragraph Standards Matrix) in paragraph 18.114.130.060.0604 (Sign 18.114.130.060.0604 (Sign Standard Matrices )and in Standard Matrices) and in accordance with Planning accordance with Planning Standard Detail No. 7 on file in . Standard Detail No. 7 on file in the Plannin De artment. ' the Plannin De artment. 18.114 114- 18.114.130:060. Must be designed as part of a Must be designed as part of a 84 0604 (Exhibit coordinated architectural, coordinated architectural, 7.OA) -General informational, regulatory and informational, regulatory and Sign Standards directional sign program for the directional sign program for the Matrix, On-Site project, project and may be designed Directional per Planning Standard Detail knformational No. 8. and Guidance Signs, Other Limitations Attachment II-D Page 40 4/15/2004 CHAPTER ' PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.114 114- 18.114.130.060. A special district has been A special district has been 87 0604 (Exhibit created on Disneyland Drive created on Disneyland Drive Disney- 7.OA) - between Katella Avenue and Ball between Katella Avenue and Ball land Hotel/Motel Road. Hotels/Motels developed Road. Hotels/Motels developed Resort Sign Standards in this district may integrate the in this district may integrate the Specific Matrix, allowable sign area specified for allowable sign area specified for Plan Freestanding freestanding monument signs freestanding monument signs Monument into a feature landscape element, into a feature landscape element, Sign, Note (F) such as a wall or other landscape such as a wall or other landscape feature that expresses the feature that expresses the architecture or thematic character architecture or thematic character of the development or of the development or establishment. This sign area establishment. This sign area shall be defined according to shall be defined according to Code Section 18.78.130.010 Code Section 18.114.130.010 "Area of Sign" in the Sign Code. "Area of Sign' in the Sign Code. This feature landscape element This feature landscape element shall be used for identity signage shall be used for identity signage in .lieu of the standard monument in lieu of the standard monument sign base and can include the sign base and can include the street address, professional street address, professional affiliations, and vacancy affiliations, and vacancy information. These feature information. These feature landscape elements are to frame landscape elements are to frame the entry drive of each major the entry drive of each major hotel and can occur on one or hotel and can occur on one or both sides of the main driveway both sides of the main driveway entrance to the hotel. The entrance to the hotel. The landscape element can extend landscape element can extend into the required landscape into the required landscape setback, with the provision that: setback, with the provision that: (a) a minimum 7-ft. setback from (a) a minimum 7-ft. setback from the public right-of-way be the pubtic right-of-way be maintained; (b) that the maintained; (b) that the landscape element does not landscape element does not violate the City's vehicle sight . violate the City's vehicle sight distance standards; and, (c) that distance standards; and, (c) that ' it does not create a continuous it does not create a continuous wall along the Disneyland Drive wall along the Disneyland Drive frontage. The maximum height of frontage. The maximum height of the landscape element within the the landscape element within the required landscape shall not required landscape shall not exceed 10 ft. and there shall not exceed 10 ft. and there shall not be more than two sign faces per ' be more than two sign faces per hotel entry drive, consistent with hotel entry drive, consistent with the Design Plan sign standards. the Design Plan sign standards. The type of sign illumination The type of sign illumination permitted shall be the same as permitted shall be the same as those permitted under those permitted under FREESTANDING MONUMENT FREESTANDING MONUMENT SIGN listed above. SIGN listed above. Attachment II-D Page 41 4/15/2004 CHAPTER PAGE : CODE ORIGINAL TEXT CORRECTION SECTION 18.114 114- 18.116.130.060. Must be designed as part of a Must be designed as part of a 90 0604 (Exhibit coordinated architectural, coordinated architectural, Disney- 7.08) - informational, regulatory and informational, regulatory and land Hotel/Motel directional sign program for the directional sign program for the Resort Sign Standards project. project and may be designed Specific Matrix, On-Site per Planning Standard Detail Plan Directional No. 8. Informational and Guidance Signs, Other Limitations 18.116 116- 18.116.070.040. One (1) banner may be displayed One (1) banner may be displayed 14 0402.01 upon the premises provided the upon the .premises provided the Anaheim banner is used in association with banner is used in association with Resort an on-site convention, a grand an on-site convention, a grand Specific opening, the temporary opening or any other event that is Plan identification of a new business, determined by the Planning cr any other event that is Director to be in conformance determined by the Planning with the goals and policies of the Director to be in conformance Specific Plan. The message on with the goals and policies of the the banner shall be limited to the Specific Plan. The message on . name, logo of the business the banner shall be limited to the ' and/or the event. The banner name, logo of the business shall be securely attached to the and/or the event. The banner building wall on which it is shall be securely attached to the displayed. building wall on which it is dis la ed. 18.116 116- 18.116.070.050. Interior setbacks less than two (2) Interior setbacks less than two (2) 16 0512 times the height of any proposed times the height of any proposed building or structure when such building or structure when such building or structure is within one building or structure is within one hundred fifty (150) feet of any hundred fifty (150) feet of any single-family residential zone single-family residential zone boundary (other than property boundary (other than property under a resolution of intent to any under a resolution of intent to any commercial zone) or property commercial zone) ), or, for within the Specific Plan area property located south of encompassed by the MHP Orangewood Avenue, within Overlay as shown on Exhibit one hundred fifty (150) feet of 3.3.2a (Mobilehome Park (MHP) any multi-family residential Overlay Zone.) zone boundary(other than property under a resolution of intent to any commercial zone), or property within the Specific Plan area encompassed by the MHP Overlay as shown on Exhibit 3.3.2a (Mobilehome Park (MHP) Overlay Zone.) Attachment II-D Page 42 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.116 116- Structures within one hundred Structures within one hundred 17 fifty (150) feet of any single-family fifty (150) feet of any single-family Anaheim residential zone boundary (other residential zone boundary (other Resort than property under a resolution than property under a resolution Specific of intent to any commercial zone) of intent to any commercial Plan or property within the Specific zone), or, for property located Plan area encompassed by the south of Orangewood Avenue, MHP Overlay as shown on within one hundred fifty (150) '.Exhibit 3.3.2a of the Specifc Plan feet of any multi-family document, (Mobilehome Park residential zone boundary (MHP) Overlay Zone) exceeding (other than property under a a height equal to one-half ('h) the resolution of intent to any distance from said building or commercial zone), or property structure to said zone or overlay . within the Specific Plan area boundary. Dedicated streets shall encompassed by the MHP be included in calculating Overlay as shown on Exhibit distance. 3.3.2a of the Specific Plan document, (Mobilehome Park (MHP) pverlay Zone) exceeding a height equal to one-half ('/~) the distance from said building or structure to said zone or overlay boundary. Dedicated streets shall be included in calculating distance. 18.116 116- 18.116.070.080. Maximum Permitted Structural Maximum Permitted Structural 21 0801 Height. The maximum structural Height. The maximum structural height of any building or height of any building or structure, including roof-mounted structure, including roof-mounted equipment, shall not exceed the equipment, shall not exceed the maximum heights defined in maximum heights defined in Section 18.40.080 (Structural Section 18.40.080 (Structural Height Limitation Anaheim Height Limitation Anaheim Commercial Recreation Area).- Commercial Recreation Area). For those properties located For those properties located south of Orangewood Avenue, south of Orangewood Avenue, the maximum height shall be the the maximum height shall be the same as the height defined in same as the height defined in Section 18.04.035 for the Section 18.40.080 for the intersection of Harbor Boulevard intersection of Harbor Boulevard and Orangewood Avenue. and Orangewood Avenue. Attachment II-D Page 43 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.116 116- 18.116.070.080. Height Adjacent to Residential Height Adjacent to Residential 21 0802 Zones and the MHP Overlay. The Zones and the MHP Overlay. The Anaheim height of any building or height of any building or Resort structure within one hundred fifty structure within one,hundred fifty Specific {150) feet of any single-family (150) feet of any single-family Plan residential zone boundary (other residential zone boundary (other than property under a resolution than property under a resolution of intent to any commercial zone) ' of intent to any commercial or property within the Specific zone), or, for property located Plan area encompassed by the south of Orangewood Avenue, MHP Overlay as shown on within one hundred fifty (150) Exhibit 3.3.2a of the Specific Plan feet of any multi-family document, (Mobilehome Park residential zone boundary (MHP) Overlay Zone) shall npt (other than property under a exceed a height equal to one-half ' resolution of intent to any (Y~) the distance from said commercial zone), or property building or structure to said zone within the Specific Plan area or overlay boundary. Dedicated encompassed by the MHP streets shall be included in Overlay as shown on Exhibit calculating distance. Heights 3.3.2a of the Specific Plan greater than one-half the distance ' document, (Mobilehome Park from said building or structure to (MHP) Overlay Zone) shall not said zone or overlay boundary exceed a height equal to one-half may be permitted subject to the (Yz) the distance from said approval of a conditional use building or structure to said zone permit as set forth in subsection or overlay boundary. Dedicated 18.116.070.050 (Conditional streets shall be included in Uses and Structures). calculating distance. Heights greater than one-half the distance from said building or structure to said zone or overlay boundary may be permitted subject to the approval of a conditional use permit as set forth in subsection 18.116.070:050 (Conditional Uses and Structures). Attachment II-D Page 44 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.116 116- 18.116.070.090. Adjacent to local streets within Adjacent to local streets within 22 0901.04 the Specific Plan area, the the Specific Plan area, the Anaheim minimum setback for buildings minimum setback for buildings Resort thirty-five (35) feet tall or less thirty-five (35) feet tall or less Specific shall be ten (10) feet; for shall be ten (10) feet; for Plan buildings greater than thirty-five buildings greater than thirty-five (35) feet, the minimum setback (35) feet, the minimum setback shall be twenty (20) feet. Local shall be twenty (20) feet. Local streets include: streets include: (a) Alro Way. (a) Acama Street (b) Casa Vista Street. (b) Alro Way. (c) Mountain View Avenue. (c) Casa Vista Street. (d) Cast Place. (d) Mountain View Avenue. (e) Vermont Avenue. (e) Mallul Drive (f) West Place. (f) Cast Place. (g) Wilken Way (g) Vermont Avenue. (h) Zeyn Street. (h) West Place. (i) Wilken Way Il) Zeyn Street. 18.116 116- 18.116.070.104 Signs Permitted. Signs shall be Signs Permitted. Signs shall be 24 1005 permitted as provided in Section permitted as provided in Section 18.48.130 entitled "SIGN 18.116.130 entitled "SIGN REGULATIONS" of this chapter REGULATIONS" of this chapter except as otherwise restricted by , except as otherwise restricted by subsection 18.48.130.060 entitled subsection 18.116.130.060 "BUSINESS AND entitled "BUSINESS AND IDENTIFICATION SIGNS," IDENTIFICATION SIGNS," Exhibit 7.Oa entitled "General Exhibit 7.Oa entitled "General Sign Standards Matrix' and Sign Standards Matrix' and Exhibit 7.Ob entitled "Hotel/Motel Exhibit 7:Ob entitled "Hotel/Motel Sign Standards Matrix' found in Sign Standards Matrix" found in paragraph 18.116.130.060.0604 paragraph 18.116.130.060.0604 (Sign Standard Matrices) and (Sign Standard Matrices) and subsection 18.116.130.070 subsection 18.116.130.070 (Automotive Service Stations (Automotive Service Stations Si ns . Si ns . 18.116 116- 18.116.130:060. Vehicle entrance or exit signs Vehicle entrance or exit signs 52 0602.32 which incorporate business which incorporate business name(s) or other advertising not name(s) or other advertising not in compliance with subparagraph in compliance with subparagraph 18.116.130.060.0601.03, 18.116.130:060:0601.03 (Informational, Regulatory and (Informational, Regulatory and Directional (IRD) Signs Visible Directional {IRD) Signs Visible from the Public'Right-of-Way). from the Public Right-of-Way). Attachment II-D Page 45 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.116 116- 18.116.130.060. Must be designed as part of a Must be designed as part of a 58 0604 (Exhibit coordinated architectural, coordinated architectural., Anaheim 7.OA) -General informational, regulatory and informational, regulatory and Resort Sign Standards directional sign program for the directional sign program for the Specific Matrix, On-Site project. project and may be designed Plan Directional per Planning Standard Detail Informational No. 8. and Guidance Signs, Other Limitations Attachment II-D Page 46 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.116 116.6 18.114.130.060. A special district has been A special district has been 1 0604 (Exhibit created on Convention Way and ' created on Convention Way and Anaheim 7.OA) - Disneyland Drive between Katella Disneyland Drive between Katella Resort Hotel/Motel Avenue and Ball Road. Avenue and Ball Road.. Specific Sign Standards Hotels/Motels developed in this Hotels/Motels developed in this Plan Matrix, district may integrate the district may integrate the Freestanding allowable sign area specified for allowable sign area specified for Monument freestanding monument signs freestanding monument signs Sign, Note (F) into a feature landscape element, into a feature landscape element, such as a wall or other landscape such as a wall or other landscape feature that expresses the feature that expresses the architecture or thematic character architecture or thematic character of the development or of the development or establishment. This sign area establishment. This sign area shall be defined according to shall be defined according to Code Section 18.48.130.010 Code Section 18.116.130.p10 "Area of Sign" in the Sign Code. "Area of Sign" in the Sign Code. This feature landscape element This feature landscape element shall be used for identity signage shall be used for identity signage in lieu of the standard monument in lieu of the standard monument sign base and can include the sign base and can include the street address, professional street address, professional affiliations, and vacancy . affiliations, and vacancy information. These feature information. These feature landscape elements are to frame landscape elements are to frame the entry drive of each major the entry drive of each major hotel and can occur on one or hotel and can occur on one or both sides of the main driveway both sides of the main driveway entrance to the hotel. The entrance to the hotel. The landscape element can extend landscape element can extend into the required landscape into the required landscape setback, with the provision that: setback, with the provision that: (a) a minimum 7-ft. setback from (a) a minimum 7-ft. setback from the public right-of-way be the public right-of-way be maintained; (b) that the - maintained; (b) that the landscape element does not landscape element does not violate the City's vehicle sight violate the City's vehicle sight distance standards; and, (c) that distance standards; and, (c) that it does not create a continuous it does not create a continuous wall along the Convention Way or wall along the Convention Way or the Disneyland Drive frontage. the Disneyland Drive frontage. The maximum height of the The maximum height of the landscape element within the landscape element within the required landscape shall not required landscape shall not exceed 10 ft. and there shall not exceed 10 ft. and there shall not be more than two sign faces per be mare than two sign faces per hotel entry drive, consistent with hotel entry drive, consistent with the Design Plan sign standards. the Design Plan sign standards. The type of sign illumination The type of sign illumination permitted shall be the same as permitted shall be the same as those permitted under : those permitted under FREESTANDING MONUMENT FREESTANDING MONUMENT SIGN listed above. SIGN listed above. Attachment II-D Page 47 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.116 116- 18.116.130.060. Must be designed as part of a Must be designed as part of a 64 0604 (Exhibit coordinated architectural, coordinated architectural, Anaheim 7.06) - informational, regulatory and informational, regulatory and Resort Hotel/Motel directional sign program for the directional sign program for the Specific Sign Standards project. project and may be designed Plan Matrix, On-Site per Planning Standard Detail Directional No. 8. Informational and Guidance Signs, Other Limitations 18.118 118- 18.118.140.010. Exposed Neon Signs. A sign Exposed Neon Signs. A sign 28 0115 where the neon or argon/mercury where the neon or argon/mercury Hotel illuminated glass tubing is visible illuminated glass tubing is visible Circle and not shielded from view by . and not shielded from view by Specific any material or sign structure. any material or sign structure. Plan 18.118 118- 18 118.140.010.: Flag. Any fabric attached to a Flag. Any fabric attached to a 28 0116 flagpole and complying with flagpole and complying with Section 18.79.113.060 entitled Section 18.118.113.040 entitled "FLAGPOLES," and containing "FLAGPOLES," and containing distinctive colors, patterns, or distinctive colors, patterns, or symbols, and used as a symbol symbols, and used as a symbol of a overnment or other entit . of a overnment or other entit 18.118 118- 18.118.146.010 Hotel/Motel/Vacation Ownership Hotel/Motel/Vacation Ownership 38 Resorts Sign Standards Matrix. Resorts Sign Standards Matrix. Hotel, motel, and vacation Hotel, motel, and vacation ' ownership resort name signs ownership resort name signs shall comply with the provisions shall comply with the provisions of that certain Matrix entitled of that certain Matrix entitled "18.118.146.101 Hotel/Motel/ "18.118.146.101 Vacation Ownership Resorts Sign Hotel/Motel/Vacation Ownership Standards Matrix' as hereinafter Resorts Sign Standards Matrix' set forth in this Code and the as hereinafter set forth in this provisions of which are Code and the provisions of which ' incorporated herein by reference. . are incorporated herein by reference. 18.118 118- ' Table Table incorporated by reference. Table added to Chapter (see next 41 to 18.118.145.040 page). 118- Permitted Sign 43 Standard Matrix (General Sign T es 18.118 118- Table Table incorporated by reference. Table added to Chapter (follows 44 to 18.118.146.101 Table 18.118.145.040 Permitted 118- Hotel/Motel/Vac Sign Standard Matrix (General 47 atipn Ownership Sign Types) on next page) Resorts Sign Standard Matrix Attachment II-D Page 48 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.120 120-8 18.120.050.040. Christmas tree and pumpkin Christmas tree and pumpkin 0401 patch sales lots and/or stands patch sales lots and/or stands Northeast shall be subject to compliance shall be subject to compliance Area with the provisions of Chapter with the provisions of Chapter Specific 6.42 "Christmas Trees" 6.42 (Christmas Tree Lots and Plan andSection 18.62:050 (Special Pumpkin Patches) of the Event Permits) of Chapter 18:62 Anaheim Municipal Code and (Administrative Approvals). Section 18.62.050 (Special Event Permits) of Chapter 18.62 (Administrative Reviews). 18.120 120-8 18.120.050.040. Special Events and Temporary Special Events and Temporary 0405 Signs, Flags, Banners and Signs, Flags, Banners and Balloons. The temporary use of Balloons. The temporary use of premises for special events as premises for special events as defined in Chapter 18.92 defined in Chapter 18.92 (Definitions) shall be subject to (Definitions) shall be subject to ' compliance with the provisions of compliance wish the provisions of Sections 18.62.050 (Special Sections 18.62.050 (Special Event Permits) of Chapter 18.62 Event Permits) of Chapter 18.62 (Administrative Approvals) and (Administrative Reviews) and 18.38.180 (Temporary Signs - 18.38.240 (Special Events) of Special Event Permit) of Chapter Chapter 18.38 (Supplemental 18.38 (Supplemental Use Use Regulations) of this Code. Re ulations of this Code. 18.120 120- 18.120.070.040. Christmas tree and pumpkin Christmas tree and pumpkin 28 0401 patch sales lots and/or stands patch .sales lots and/or stands shall be subject to compliance shall be subject to compliance with the provisions of Chapter with the provisions of Chapter 6.42 "Christmas Trees" and 6.42 (Christmas Tree Lots and Section 18.62.050 (Special Event Pumpkin Patches) of the Permits) of Chapter 18.62 Anaheim Municipal Code and (Administrative Approvals) of this Section 18.62.050 (Special Event Code. _ Permits) of Chapter 18.62 (Administrative Reviews) of this Code. 18.120 120- 18.120.070.040. Special Events and Temporary The temporary use of premises 28 0404 . Signs, :Flags, Banners and fcr special events as def ned in Balloons. The temporary use of Chapter 18.92 (Definitions), shall premises for special events as be subject to compliance with the defined in Chapter 18.92 provisions of Sections 18.62.050 (Definitions) shall be subject to (Special Event Permits) of compliance with the provisions of Chapter 18.62 (Administrative Sections 18.62.050 (Special Reviews) and 18.38.240 (Special Event Permits) of Chapter 18.62 Events) of Chapter 18.38 (Administrative Approvals) and (Supplemental Use Regulations) 18.38.180 (Temporary Signs - of this Code. Special Event Permit) of Chapter 18.38 (Supplemental Use Re ulations of this Code. Attachment II-D Page 49 4/15/2004 CHAPTER PAGE CODE ORIGINAL TEXT CORRECTION SECTION 18.120 120- 18.120.080.040. Christmas tree and pumpkin ' Christmas tree and pumpkin 38 0401 patch sales lots and/or stands patch sales lots and/or stands Northeast shall be subject to compliance shall be subject to compliance Area with the provisions of Chapter with the provisions of Chapter Specific 6.42 "Christmas Trees' of this 6.42 (Christmas Tree Lots and Plan Code and Section 18.62.050 Pumpkin Patches) of the (Special Event Permits) of Anaheim Municipal Code and Chapter 18.62 (Administrative Section 18.62.050 (Special Event Approvals) of this Code. Permits) of Chapter 18.62 (Administrative Reviews) of this Code. 18.120 120- 18.120.080.040. The temporary use of premises The temporary use of premises 38 0404 for special events as defined in for special events as defined in Chapter 18.92 (Definitions), shall Chapter 18.92 (Definitions), shall ' be subject to compliance with the be subject to compliance with the provisions of Sections 18.62.050 provisions of Sections 18.62.050 (Special Event Permits) of (Special Event Permits) of Chapter 18:62 (Supplemental Chapter 18:62 (Administrative Use Regulations) and 18.38.180 Reviews) and 18.38.240 (Special (Temporary Signs -Special Events) of Chapter 18.38 Event Permit) of Chapter 18.38 (Supplemental Use Regulations) (Supplemental Use Regulations) of this Code. of this Code. 18.120 120- 18.120.090.040. ' Christmas tree and pumpkin Christmas tree and pumpkin 50 0401 patch sales lots and/or stands patch sales lots and/or stands shall be subject to compliance shall be subject to compliance with the provisions of Chapter with the provisions of Chapter 6.42 "Christmas Trees" and 6.42 (Christmas Tree Lots and Section 18.62.050 (Special Event Pumpkin Patches) of the Permits) of Chapter 18.62 Anaheim Municipal Code and (Administrative Approvals) of this Section 18.62.050 (Special Event Code. Permits) of Chapter 18.62 (Administrative Reviews) of this Code. 18.120 120- 18.120.090:040. Special Events and Temporary : Special Events and Temporary 50 0404 Signs, Flags, Banners and Signs, Flags, Banners and Balloons. The temporary use of Balloons. The temporary use of premises for special events as premises for special events as defined in Chapter 18.92 defined in Chapter 18.92 (Definitions) shall be subject to (Definitions) shall be subject to compliance with the provisions of compliance with the provisions of Section 18.62.050 (Special Event Section 18.62.050 (Special Event Permits) of Chapter 18.62 Permits) of Chapter 18.62 (Administrative Approvals) and (Administrative Reviews) and 18.38.180 (Temporary Signs - 18.38.240 (Special Events) of Special Event Permit) of Chapter Chapter 18.38 (Supplemental 18.38 (Supplemental Use Use Regulations) of this Code. Re ulations of this Code. Attachment II-D Page 50 4/15/2004 CHAPTER PAGE CODE SECTION ORIGINAL TEXT CORRECTION 18.120 120- . 18.120.100.040. Christmas tree and pumpkin Christmas tree and pumpkin 61 0401 patch sales lots and/or stands patch sales lots and/or stands Northeast shall be subject to compliance shall be subject to compliance Area with the provisions of Chapter with the provisions of Chapter Specific 6.42 "Christmas Trees" and 6.42 (Christmas Tree Lots and Plan Section 18.62.050 (Special Event Pumpkin Patches) of the Permits) of Chapter 18.62 Anaheim Municipal Code and (Administrative Approvals) of this Section 18.62:050 (Special Event Code. Permits) of Chapter 18.62 (Administrative Reviews) of this Code. 18.120 120- 18.120.100.040. Special Events and Temporary Special Events and Temporary 61 0404 Signs, Flags, Banners and Signs, Flags, Banners and Balloons. The temporary use of Balloons. The temporary use of premises for special events as premises for special events as defined in Chapter 18.92 defined in Chapter 18.92 (Definitions) shall be subject to (Definitions) shall be subject to compliance with the provisions of ' compliance with the provisions of Sections 18.62.050 (Special Sections 18.62.050 (Special Event Permits) in Chapter 18.62 Event Permits) in Chapter 18.62 (Supplemental Use Regulations) (Administrative Reviews) and and 18.38.180 (Temporary Signs 18.38.240 (Special Events) of -Special Event Permit) of Chapter 18.38 (Supplemental Chapter 18.38 (Supplemental Use Regulations) of this Code. Use Re ulations of this Code. Attachment II-D Page 51 4/15/2004 EXHIBIT A-1 18.04.050:020 (Lot Width on Cul-de-Sac or Knuckle Lots) SciUnck Lrnc \ _. 90' ~~ T.ot Widdt t Pi~oherl)~ Li~ie 0 .. .~..~. '1}apical Cul-do-Say EXHIBIT A-2 18.04.050.020 (Lot Width on Cul-de-Sac or Knuckle Lots) Setback Tine Loy Width -i 1 -. 1?roperfy Li~tc `l:Vpical Cul-de-Sae EXHIBIT B-1 18:06.090.050 (Setbacks Between Buildings) ~- Setback Between Walls Fir Buildings of Building Setback f2equirernent Different Heights Setback Equals A_,B 2 T 7 >ExxrsaT s-2 18.06.090.050 (Setbacks Between Buildings) For Buildings of Setback Required I~i~Fferenl Heights Between Building Walls Setback Eduals L ~ 2 EXHIBIT C-1 18.42.030.010.0105 (Garage Parking) Garage or Covered Parking 5{aces ~ ~ - I~ot Permitted I ~ i .._ ... 2 w.. ~- ~ ~~ Garage or Coy=erec! Parking S}~aces - - - -• i-'.~ ~ _.l ~ ~- 1~o Tandem ~'~,: ="'~~ Parking 1-Iere Garage or Covered Parkring Spaces EXHIBIT C-2 18.42.030.010.0105 (Garage Parking) Garage or Covered Pailcing Spaces ~ .~ ~ ~ ~ Garage or Covered Not Permitted ~ ~ ~ Parking Spaces I ~ ~ r w.._ _.. ~~ t.-----.... EXHIBIT D-I 18.42.080:030 (Drive-Thru Requirements -Separate Ordering Devices) Drive thn lane I 100' minimum -{-- - - distance from ordering device /i to ordering tvindo~a I I Separate orderiug device Service WIDaO6V Main Building Minimum Distance GO' from start of drive thnl lane Milrirnunt 16' imler radius ~6' outer radius for all corners I 0 Start of dm•e thnt lane 18.42.080.040 Drive-Tluv Requirements -Without Separate Ordering Devices) Minimum 160' I for fast food. I 100' for other uses Drive Tlrru Lanel Service Window Main Buildine Minimum I6'innerradius 26' outer radius for all comers 't` Vehicular Path EXHIBIT D-2 18.42.080.030 (Drive-Thru Requirements -Separate Ordering Devices) Separate ordering device 100 minllRtlll] distance from ordering device to ordering ~vindo~v Sen~ice window lvlain Building 60' minimum distance fi•om start of drive thni lane to ordering windoH~ or device 1Vllllnnnm 16' 1I111eI radlAS 26' outer radius for all comers 1 I Start of drive tUnl lane 18.42.080.040 (Drive-Thru Requirements -Without Separate Ordering Devices) Minimum 160' drive thru for fast food, 100' Minimum for other uses 16' inner radius T 26' outer radius for -~ / all. comers EXHIBIT E-lA 18.44.030.240 (Lighter Box Gasoline Service :Station Sign) Canopy Sign Lighter t TypcoFSen EXHIBIT E-1B 1$.44.120 (Lighter Box Gasoline Service Station Signs) Gannpy Sign i Ligtrter [ Type of Seri EXHIBIT E-2 18.44.030.240 (Lighter Box Gasoline Service Station Sign) 18.44. i20 Canopy Sion i Lighter 1 Type of Sen 18.44.030.540 (Dnder-Marquee Sign) EXHIBIT F-1 18.44.030.540 (Under-Awning Sign) EXIIIBIT F-2 18.44.080.020 (Number of Sign Faces) 135° 140° EX~IIBIT G-1 EXHIBIT G-2 18.44.080.020 (Number of Sign Faces) 1.80° 1.35° EXHIBIT H-1 18.44.080.100 (Permitted Location of Freestanding Signs) Parcel Width °1~"' Property Line ~+ Minimum ? _ .From. Ultimata Ri~,ht-n1=Way EXHIBIT H-2 18.44.080.090 (Permitted Location of Freestanding and Monument Signs) Parcel l1'idth "W" Property Line /~~~ i~tnimum 2, From Ultimate Rig3it-of=~'Jay EXHIBIT I-1 18.58.060.010.01 ORIGINAL TEXT: :0] Reduced minimum lot setbacks as set forth below: SETBACKS FROM STREETS Two-Story Structures Adjacent to SFR Adjacent to Other Uses Street Setback* Interior Setback Interior Setback Prima Window/Exterior Door 20/15 30 15 Seconda Window 20/15 IS 10 Balconies 20/15 30 15 Blank Wall 20/15 15 10 Minimum Landsca e Setback n/a 5 5 Three-Stor Structures Adjacent to SFR Adjacent to Other Uses Street Setback* Interior Setback Interior Setback Prima Window/Exterior Door 20/15 35 15 Seconda Window 20/15 20 10 Balconies 20/15 35 15 Blank Wall 20/15 20 10 Minimum Landsca e Setback n/a 5 5 Four-Stor Structures°° Adjacent to SFR Adjacent to Other Uses Street Setback* Interior Setback Interior Setback Prima Window/Exterior Door 20/15 55 15 Seconda Window 20/15 45 10 Balconies 20/15 55 15 Blank Wall 20/15 45 10 Minimum Landsca e Setback n/a 5 5 * Qualifying Housing Developments on Arterial Streets as indicated in the General Plan Circulation Element shall require a minimum twenty (20) foot wide street setback while those fronting on all other streets shall require a minimum fifteen (15) foot wide street setback. ** Four-Story subject to discretionary review by the Planning Commission pursuant to Section 18.58.060.002. ~XI~IBIT I-2 18.58.060.010.01 REVISED TEXT: .O1 Reduced minimum lot setbacks as set forth below: SETBACKS FROM INTERIOR PROPERTY LINES Two-Stor Structures Adjacent to SFR Adjacent to Other Uses Interior Setback Interior Setback Prima Window/Exterior Door 30 15 Secondar Window l5 10 Balconies 30 15 Blank Wall 15 10 Minimum Landsca. e Setback 5 5 Three-Stor Structures Adjacent to SFR Adjacent to Other Uses Interior Setback Interior Setback Prima Window/Exterior Door 35 15 Seconda Window 20 10 Balconies 35 15 Blank Wall 20 10 Minimum Landsca e Setback 5 5 Four-Stor Structures* Adjacent to SFR Adjacent to Other Uses Interior Setback Interior Setback Prima Window/Exterior Door 55 15 Seconda Window 45 10 Balconies 55 15 Blank Wall 45 10 Minimum Landsca e Setback 5 5 Four-Story subject to discretionary review by the Zoning Administrator pursuant to Section 18.60.020.020. For purposes of this Section, minimum setbacks shall be determined independently for each story of the structure. A1'TCIiMENT 7 RECLA~SSIIFICATI®N N®. 2004-00117 CYPRESS C.4NY®IV L®Ci4Tl®N P Attachment No. 8 ATTACH ENT 8 TER ~ AT6ON OF DEVELOPMENT AGREEMENT LETTER REQIlEST1NG CANCELLATION OF DEVELOPMENT AGREEMENT .~ E I ICE C® March 19, 2004 Ms. Sheri Vander Dussen Planning Director City of Anaheim Planning Department, #162 P.O. Box 3222 Anaheim, CA 92803 Re: Mountain Pazk Development Agreement (No. 91-01). Dear Sheri: In 1991, the City of Anaheim and The Irvine Company entered into Development Agreement No. 91-O1 to facilitate the development of 7,966 dwelling units in Mountain Pazk. As we have discussed, The Irvine Company is pursuing a revised specific plan for the Mountain Pazk project which will significantly reduce the development intensity. The City's General Plan update which is currently in progress, reflects the development intensities which are anticipated for the revised project. Please accept this letter as a request to cancel Development Agreement No. 91-01 subject to the amendment of the City's General Plan as currently proposed or other mutually agreeable terms. It is our understanding that consideration of the cancellation of the development agreement would be concurrent with the City's consideration of its General Plan update. I look forward to working with you in implementing our mutual vision for Mountain Pazk. Please do not hesitate to contact me to discuss this matter at .(949) 720-2609. Dan Miller ' Sr. Vice President Entitlement & Public 550 Newport Center Drive, Newport Beach, California 92660-7011 (949) 720-2000 ATTACFIMENT 9 ®RAFT SUMMARY ®F EIR fV®. 330 ENVIR®NMEIVTAL I PACTS AIV® ITIGATI®N MEASURES DRAFT SUMMARY OF SIGNIFICANT IMPACTS AND MITIGATION MEASURES GENERAL PLAN AND ZONING CODE UPDATE EIR N0.330 A detailed discussion and analysis of project impacts and recommended mitigation measures is presented in Section 5 of the General Plan and Zoning Code Update EIR No. 330. The following briefly summarizes the significant environmental effects of the proposed project, the recommended mitigation measures and the level of significance after mitigation. Project-related impacts have been mitigated to the extent feasible. However, there are some project-related impacts that are unavoidable and cannot be mitigated to a less than significant level. These impacts will remain significant after mitigation and are briefly summarized herein. The EIR also identifies other impacts which are either not considered significant or are beneficial effects of the proposed project, however these impacts are not the focus of this summary. Section 5.1 AESTHETICS Significant Impacts The General Plan and Zoning Code Update will not significantly impact aesthetic resources within the City of Anaheim. These resources within the City will be protected through the implementation of the Green Element and Community Design Element of the General Plan. The Green Element recognizes the inten•elationship of Anaheim's open space, conservation, recreation and landscaping resources and builds upon it. Said element combines parks and recreation, open space, conservation, and public landscaping into a comprehensive plan to beautify the City. The Community Design Element provides policy guidance for the built environment by providing guidance for aesthetically enhancing arterial cosidors and recognizing the relationship between quality design and economic viability, stability, and growth. No mitigation measures are required. Mitigation Measures No mitigation measures are required. Significant and Unavoidable Impacts No significant unavoidable impacts related to aesthetic resources are anticipated as a result of project implementation. Section 5.2 AIR QUALITY Significant Impacts The proposed project is expected to generate emissions levels in exceedance of South Coast Air Quality Management District's (SCAQMD) threshold criteria for CO, ROG, NOx, and PM10 in the South Coast Air Basin. Goals and policies are included in the General Plan will facilitate continued City cooperation with the SCAQMD and Southern California Association of Governments (SCAG) to achieve regional air quality improvement goals, promotion of energy conservation design and development teclwiques, encouragement of alternative transportation modes, and implementation df' ^' transportation demand management strategies. However, the significance of impacts as a result of construction would need to be detem~ined ou aproject-by-project basis as future development applications are submitted. Although the project will result in significant regional air quality impacts, the proposed project is consistent with the Air Quality Management Plan (AQMP) and other regional plan strategies to reduce the number of trips and the length of trips in the region, and to improve the balance between jobs and housing at the subregional level. The AQMP recognizes that emissions due to trips and mode choices are not only a function of the transportation system, but also relate to the proximity of housing and job-generating land uses, and proximity of jobs to transportation infrastructure and transit. Mitiuation Measures ~.2-1 Prior to the issuance of grading permits, the property owner/developer shall include a note on all grading plans, which requires the construction contractor to implement the following measures during grading. These measures shall also be discussed at the pregrade conference. • Use low emission mobile construction equipment. • Maintain construction equipment engines by keeping tUem tuned. • Use low sulfur fuel for stationary construction equipment. • Utilize existing power sources (i.e., power poles) when feasible. • Configure construction parking to minimize traffic interference. • Minimize obstruction ofthrough-traffic lanes. When feasible, construction should be planned so that lane closures on existing streets are kept to a minimum. Schedule construction operations affecting traffic for off-peak hours. • Develop a traffic plan to minimize traffic flow interference from construction activities (the plan may include advance public notice of routing, use of public transportation and satellite parking areas with a shuttle service). 5.2-2 The City shall reduce vehicle emissions caused by traffic congestion by implementing transportation systems management techniques that include synchronized traffic signals and limiting on-street parking. 5.2-3 The City shall encourage major employers, tenants in business parks and other activity centers, and developers of large new developments to participate in transportation management associations. 5.2-4 The City shall consider the feasibility of diverting commercial truck traffic to off- peak periods to alleviate non-recurrent congestion as a means to improve roadway efficiency. At the individual development project level, it is recommended that the City apply'the following mitigation measures to future development projects: 5.2-5 The City will encourage the incorporation of energy conservation techniques (i.e. installation of energy saving devices, construction of electric vehicle charging stations, use of sunlight filtering window coatings or double-paned windows, utilization of light-colored roofing materials as opposed to dark-colored roofing materials, and placement of shady trees next to habitable structures) in new developments. 5.2-6 The City will encourage the incorporation of bus stands, bicycle racks, bicycle lanes, and other alternative transportation related infrastructure in new developments. Signifieant and Unavoidable Impacts Although the mitigation measures listed above will reduce air quality impacts to the extent feasible, associated air quality impacts will exceed AQMDs threshold criteria for CO, ROG, NOx, and PMio and remain a significant and unavoidable adverse impact. Section 5.3 BIOLOGICAL RESOURCES Significant Impacts Implementation of development consistent with the General Plan and Zoning Code Update will result in both direct and indirect significant adverse impacts to wildlife and vegetation occurring in the Hill and Canyon Area. The General Plan will allow for the introduction of residential land uses into largely undisturbed areas. Such constmction has the potential to have a significant impact on sensitive vegetation communities, individual plant species, existing riparian areas and significantly impact wildlife through the elimination of habitat and food resources when vegetation communities are removed. The majority of impacts to sensitive vegetation communities and wildlife species wilt occur as a result ofproject-specific activities developed pursuant to the General Plan and Zoning Code Update. At the time individual development applications are submitted, the City will assess development proposals for potential impacts to significant natural resources pursuant to CEQA and associated State and Federal regulations. Additionally, wildlife movement could be deterred by traffic, increases in the levels of nighttime lighting, and direct and indirect impacts on wildlife crossings. Development within the Hill and Canyon Area could cause an increase in both vehicular traffic levels and nighttime light levels. Both of these factors have been found to deter the movement of many animals. In addition, the washes, which are tributaries to Gypsum Canyon Wash, are extensively utilized as wildlife travel routes and could potentially be impacted either directly by the placement of fill or indirectly by the placement of bridges within the Hill and Canyon Area. Due to the importance of the Gypsum Canyon underpass as an important wildlife crossing for some species, the impacts associated with planning the Mountain Park area are considered potentially significant. The Gypsum Canyon underpass provides a feasible option for wildlife movement of several species between the Santa Ana River and Gypsum Canyon and one of only a few potential crossing points linking large mammals between the Chino Hills and the Santa Ana Mountains. Development of the Mountain Park Specific Plan area would remove riparian and other habitat currently providing cover and would increase the distance that animals would need to traverse. This increase would further deter wildlife from utilizing this area as a wildlife crossing. Mitigation Measures To reduce localized impacts of development an biological resources, the following mitigation measures shall be required for projects within sensitive plant communities and wildlife corridors and/or for projects containing sensitive wildlife species: 5.3-1 Retention of rare communities shall be incorporated into building and project design to the maximum extent practical. Rare communities include oak, riparian and wetland, walnut woodland, and coastal sage scrub. If retention is not practical, healthy specimens shall be relocated and/or replaced. 5.3-2 Property owners/developers will be required to restore and re-vegetate where the loss of small and/or isolated habitat patches is proposed. 5.3-3 if construction activity is timed to occur during the nesting season (typically between March 1 and July 1), developers will be required to provide focused surveys for nesting birds pursuant to California Department of Fish and Game requirements. Such surveys shall identify avoidance measures taken to protect active nests. 5.3-4 Removal of nonnative trees shall be permitted only outside the nesting season. 5.3-4 Any crushing of existing habitat during the breeding season of the gnatcatcher shall occur only under the supervision of a biological monitor. 5.3-6 Preserved and/or protected areas will be identified by the project biologist and isolated with construction fencing or similar materials prior to clearing or grading activities. Protected areas include existing woodland and coastal sage scrub adjacent to revegetation areas and individual trees and patches of native habitat to be preserved within revegetation areas. 5.3-7 Lighting in residential areas and along roadways shall be designed to prevent artificial lighting from reflecting into adjacent natural areas. 5.3-8 Prior to the issuance of grading permits for any project potentially affecting riparian or wetland habitat, the property owner/developer shall provide evidence that all necessary permits have been obtained from the State Department of Fish and Game (pursuant to Section 1601-1603 of the Fish and Game Code) and the U.S. Army Corps of Engineers (pursuant to Section 404 of the Clean Water Act) or that no such permits are required, in a manner meeting the approval of the City of Anaheim Planning Department. If a Section 404 Permit from the ALOE is required, a Section 401 Water Quality Certification will also be required from the California Regional Water Quality Control Board, Santa Ana Region. 5.3-9 Prior to issuance of a grading permit for any project potentially affecting the Gypsum Canyon underpass, the property owner/developer shall submit a biological resources analysis, which assesses potential impacts to wildlife movement. Significant and Unavoidable Impacts With the implementation of the project mitigation measures, no significant and unavoidable impacts to biological resources would result from implementation of this project. Section 5.4 CULTURAL RESOURCES Significant Imnacts Implementation of the General Plan and Zoning Code Update will potentially impact cultural resources, specifically historic structures and archaeological and paleontological resources. Identified historic structures and sites that are eligible for National Register of Historic. Resources listing, particularly in the Anaheim Colony area, maybe vulnerable to development activities accompanying revitalization. The majority of the historically designated structures is located in residential areas of the Anaheim Colony and generally is located within the Anaheim Colony Historic District. The General Plan does not contain any goals or policies that specifically address archeological and paleontological resources and their protection if they are encountered during any development activity. Review and protection are afforded by CEQA for those projects subject to discretionary action, particularly for archaeological resources. However, mitigation is recommended to ensure impact to previously undocumented resources can be avoided. Mitigation Measures 5.4-1 City staff shall require property owners/developers to provide studies to document the presence/absence of historic resources for areas with documented or inferred resource presence. On properties where resources are identified, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations o£a qualified specialist. 5.4-2 City staff shall require property owners/developers to provide studies to document the presence/absence of archaeological and/or paleontological resources for areas with documented or inferred resource presence. On properties where resources are identified, such studies shall provide a detailed mitigation plan, including a monitoring program and recovery and/or in situ preservation plan, based on the recommendations of a qualified specialist. 5.4-3 All archaeological resources shall be subject to the provisions of CEQA (Public Resources Code) Section 21083.2. Significant and Unavoidable Impacts With the implementation of the project mitigation measures, no significant and unavoidable impacts to cultural resources would result from implementation of this project. Section S.5 GEOLOGY AND SOILS Significant Imnacts Build out of The Recommended Land Use Alternative has the potential to expose future residents to the effects of geological hazards, including groundshaking, seismically induced surface rapture, liquefaction, and slope instability leading to mudslides and landslides. Property damage, personal injury, and loss of life may result from a major earthquake in the Anaheim area. Regional active faults are typical of Southern California, therefore, it is reasonable to expect a moderately strong ground motion seismic event to occur in the City of Anaheim in the future. No other significant impacts will result due to the implementation of the General Plan and Zoning Code Update relative to erosion, landslide potential (other than the impacts represented by earthquakes), or soil expansion. Mitigation Measures 5.5-1 The City shall require geologic and geotechnical investigations in areas of potential seismic or geologic hazards as part of the environmental or development review process. All grading operations will be conducted in conformance with the recommendations contained in the applicable geotechnical investigation. Significant and Unavoidable Imnacts With the implementation of the project mitigation measures, no significant and unavoidable impacts relative to geology and soils would result from implementation of this project. Section 5.6 HAZARDS AND HAZARDOUS MATERIALS Sienificant Impacts Hazards and hazardous materials pose potentially significant impacts relative to the implementation of the General Plan and Zoning Code Update. These impacts could result due to the location of sensitive uses (ie. residential, churches, schools, etc.) to hazards or the transport of hazardous materials through the City, as well as from wildland fires. While no contaminated sites are currenCly listed within the City, the General Plan and Zoning Code Update proposes locating residential and other sensitive uses in areas previously used as industrial and commercial and would locate new residential uses adjacent to existing industrial and commercial uses. Residential and other sensitive uses will be impacted by any upset or accident involving the release of hazardous materials. Also, there is a small increase in the potential amount of residential uses adjacent to railways running through the City, which are considered hazardous sites, as well as being routes used to transport hazardous materials. The increase in residential uses adjacent to major roadways in the City also represents an impact related to the transport of hazardous materials along these routes. Finally, potentially significant impacts could result due to the transport of hazardous material in Anaheim's air space. With the implementation of the General Plan and Zoning Code Update, wildland fires would continue to pose a significant threat to the people and structures of Anaheim. The central and western portions of Anaheim are highly urbanized and relatively built out; however, the Hill and Canyon Area is more susceptible to wildland fires as a result of its larger proportion of vegetation and open space. Mitigation Measures 5.6-1 Prior to issuance of the first residential building permit in a future mixed-use zone, the City of Anaheim shall adopt a "Good Neighbor Program" which requires future residential projects to provide a Notification Letter and prepare a Safety Plan. The Good Neighbor Program shall require that prior to the issuance of a building permit for amixed-use residential project, that the property owner/developer send a Notification Letter to businesses in proximity to the project to inform them of the presence of the sensitive use (i.e., residential land uses). The letter shall request that the mixed-use project property owner/residents be notified of any accident at the nearby businesses that may involve the release of hazardous substances. The Good Neighbor Program shall also require that the future project property owner/ developer prepare a Safety Plan, which shall be implemented ongoing during project operation that includes staff training, emergency tools, and first aid provisions, supervision of children or other individuals in an emergency situation, and ashelter-in-place program for when evacuation is not appropriate or practicable. 5:6-2 Prior to the final building and zoning inspections for any residential project within 1,000 feet of a use that has the potential to release substantial amounts of airborne hazardous materials (determined to be "Category 1, 2, or 3" hazardous materials), the project property owner/developer shall submit ashelter-in-place program to the Planning Director for review and approval. The shelter-in-place program shall. require the property owner/developer to purchase a subscription to a service that provides "automated emergency notification" to individual residents (subject to meeting minimum standards set by the City) of the project. The shelter-in-place program shall include the following: The property owner/developer shall be required to purchase a minimum 10- year subscription to such a service that would include periodic testing (at least annually). The CC&Rs for each individual project shall require that each property owner and/or project Homeowners Association (HOA): Maintain a subscription following expiration of the initial purchased subscription. Maintain in a timely manner the database of resident phone numbers in conjunction with the service. Provide appropriate agencies (police, fire, other emergency response as identified by the City) with information on how to activate the notification via the service provider. o The CC&Rs for each individual project shall require that each resident provide the property owner/HOA with a current phone number for the residence and/or individual residents; this would include timely notification following the sale of a unit and would require notification if the unit were rented or leased or subject to any other change in occupancy. 5.6-2 Prior to issuance of any discretionary permit for a current or former hazardous waste disposal site or solid waste disposal site, the project property owner/developer shall submit a Phase I Environmental Site Assessment to the City. If possible hazardous materials are identified during the site assessments, the appropriate response/remedial measures will be implemented in accordance with the requirements of the Orange County Health Care Agency (OCHCA) and/or the Regional Water Quality Control Board (RWQCB), as appropriate, 5.6-4 Prior to issuance of a building permit, new development project property owner/developers .shall use the most current available Airport Environs Land Use Plan (AELUP) as a planning resource for evaluating heliport and airport operations as well as land use compatibility and land use intensity in the __. proximity of Los Alamitos Joint Training Base and Fullerton Municipal Airport. 5.6-~ Applicants seeking approval for the construction of new development or fiie operation of a heliport or helistop shall comply with the State permit procedure provided for by law as well as conditions of approval imposed or recommended by the Federal Aviation Administration (FAA), by the Airport Land Use Commission, and by Caltrans Division of Aeronautics. 5.6-6 City staff shall review new development projects for their compliance with the State of California Department of Transportation, Division of Aeronautics, CaliforniaAiryort land Use PlanningHaradbook. Significant and Unavoidable Impacts With the implementation of the project mitigation measures, no significant and unavoidable impacts relative to hazards and hazardous materials would result from implementation of this project. Section 5.7 HYDROLOGY AND WATER QUALITY Significant Impacts The implementation of the General Plan .and Zoning Code update would not significantly impact water quality, groundwater supplies, or Che potential for flooding, though potentially significant impacts may result due to runoff. The majority of the City is built out and therefore runoff volumes are not expected to increase significantly. However, a number of drainage facilities within the City are currently deficient and will be impacted by new development. Mitigation Measures 5.7-1 The City shall work with the Orange County Flood Control District to ensure that flood control facilities are well maintained and capable of accommodating, at a minimum, future 25-year storm flows. 5.7-2 The City Engineer shall require that new developments conduct a drainage study and mitigate its drainage impacts if the development creates a deficiency in an existing storm drain facility or discharges to an existing deficient facility. 5.7-3 The City shall require that new developments and/or significant redevelopments prepare a drainage study to be reviewed and approved by the City Engineecand mitigate its drainage impacts to the satisfaction of the City Engineer. Significant and Unavoidable Impacts With the implementation of the project mitigation measures, no significant and unavoidable impacts to hydrology and water quality would result from implementation of this project. Section 5.8 LAND USE AND RELEVANT PLANNING Significant Impacts No significant impacts are anticipated relative to land use and relevant planning. The proposed project involves a comprehensive update to the City of Anaheim General Plan and Zoning Code. The Recommended Land Use Alternative forms the basis for the General Plan and Zoning Code Update and represents a guide for the City's future development. The land use patterns and areas identified are intended to provide the basis for more detailed land use designations, densi ies and development standards established in the Zoning Code. The Recommended Land Use Alternative along with General Plan Goals and Policies strive to preserve, revitalize, and ensure compatibility throughout the City. The proposed General Plan and Zoning Code are consistent with the goals and policies of the City's Specific Plans and Redevelopment Areas. The proposed project is also consistent with ten core Regional Comprehensive Plan and Guide policies relevant to the proposed project. Therefore, the project is consistent with regional plans and policies. Further, the projecC meets or is consistent with the intent of the majority of SCAG ancillary/advisory policies. Finally, the proposed General Plan and Zoning Code Update fully complies with the provisions of the NCCP/IICP for the Centra]/Coastal Subregion. Mitigation .Measures No Mitigation measures are required. Significant and Unavoidable Impacts No significant unavoidable impacts related to land use and relevant planning are anticipated as a result of project implementation. Section 5.9 MINERAL RESOURCES Sienificant Impacts The State of California designates one MRZ-2 area and three specific areas of regionally significant mineral resources within the City. Changes in land use resulting from implementation of the proposed General Plan and Zoning Code Update would not significantly impact mineral resources in the MRZ-2 area because land in this area is largely built out or already planned for development. The three sites of regionally significant mineral resources contain construction aggregate-sand and gravel from which extensive amounts of the sand and gravel aggregate have been removed. The Land Use Plan designates these sites for industrial, commercial, residential, or other uses. Under Section 2764(b) of SMARA, findings must be made regarding whether the future land use is compatible or not with the existing mining operations. As stated above, the current operations in the Hill and Canyon Area (Mountain Park 10 Specific Plan Area) are scheduled for closure in December 2004, therefore the land use designations specified in the General Plan and Zoning Code Update would not conflict with the operation of the mine. Mitigation Measures No Mitigation measures are required. Significant and Unavoidable Impacts No significant unavoidable impacts related to mineral resources are anticipated as a result of project implementation. Section 5.10 NOISE Significant Impacts The implementation of the General Plan and Zoning Code Update has the potential to result in significant noise impacts due to construction, aircraft flights, increased rail transport and use, and the siting of sensitive uses (including, but not limited to schools, churches, and residential uses) near freeways and major roadways. Impacts due to the location of sensitive uses will be reduced through the implementation of the mitigation measures, but many roadways within the City are expected to exceed 65 CNEL. As a result, in locations where these roadways are .adjacent to existing sensitive uses, the impacts are expected to remain significant. Other impacts will be reduced to less than significant through the implementation of the mitigation measures. Mitigation Measures 5.10-1 Prior to the issuance of building permits for any project generating over I00 peak hour trips, the project property owner/developers shall submit a final acoustical report prepared to the satisfaction of the Planning Director. The report shall show that the development wilt be sound-attenuated against present and projected noise levels, including roadway, aircraft, helicopter and railroad, to meet City interior and exterior noise standards. 5.10-2 Prior to issuance of a building permit, new development project property owner/developers shall use the most current available Airport Environs Land Use Plan (AELUP) as a planning resource for evaluating heliport and airport operations as well as land use compatibility and land use intensity in the proximity of Los Alamitos Joint Training Base and Fullerton Municipal Airport. Significant and Unavoidable Impacts Implementation of the proposed General Plan Goals and Policies, existing codes and regulations, and mitigation measures listed above will reduce all potential short-term and 11 long-term noise impacts to the extent feasible. However, many roadways within the City are expected generate noise levels in excess of 65 CNEL. As a result, in locations where these roadways are adjacent to existing sensitive land uses, the impacts are anticipated Yo remain significant. Section 5.11 POLICE AND FIRE Significant Imnacts The proposed General Plan and Zoning Code Update would increase the overall demand on fire and police protection services in the City of Anaheim. Future growth in accordance with the General Plan and Zoning Code Update is expected to create the typical range of fire service calls, including structure fires, garbage bin fires, car fires, and electrical fires. New fire facilities and apparatus will need to be provided in order to provide adequate response times to serve future growth. Therefore, the City of Anaheim's costs Co maintain equipment and apparatus and to train and equip personnel would also increase. In addition, the redistribution of the population into areas where there are currently no residences, could necessitate the reassignment of certain kinds of resources pertaining to fire and police services. However, the additional personnel and materials costs may be offset through the increased revenue, and fees, generated by future development. Mitigation Measures 5.11-1 Future projects will be reviewed by the City of Anaheim on an individual basis and will be required to comply with requirements in effect at the time building permits are issued (i.e., impact fees, etc.) or if an initial study is prepared and the City determines the impacts to be significant, then the project will be required to comply with appropriate mitigation measures (i.e., fire station sites, etc.). Significant and Unavoidable Imnacts With the implementation of the project mitigation measures, no significant and unavoidable impacts to police and fire would result from implementation of this project. Section 5.12 POPULATION AND HOUSING Significant Impacts The implementation of the General Plan and Zoning Code Update will increase the population and housing throughout the City. The amount of housing proposed in the Recommended Land Use Alternative will accommodate future projections for population growth in the City. The Recommended Land Use Alternative and the goals and policies of the General Plan accommodate additional housing and locate it near employment centers, which helps to meet state mandated fair share housing production targets. Housing and employment will be located in The Platinum Triangle, responding to the City's goals and policies for jobs/housing balance. Also, SCAG's regional growth l2 policies are met by locating housing near employment and activity centers and making it conducive to modes of transportation other than the automobile and by providing workforce housing. Downzoning and redevelopment of housing to lower densities will only occur on a voluntary basis and, thus, will not displace residents. Mitigation Measures No Mitigation measures are required. Significant and Unavoidable Impacts No significant unavoidable impacts related to population and housing are anticipated as a result of project implementation. Section 5.13 PUBLIC SERVICES AND FACILITIES Significant Impacts The implementation of the General Plan and Zoning Code Update will not significantly impact schools, libraries, wastewater treatment or capacity, landfill capacity, or the City's compliance with solid waste and wastewater regulations. Private services, including natural gas, telecommunications, and cable services will also not be impacted. However, impacts on water supply and infrastructure are potentially significant under the Recommended Land Use Alternative. Increases in water demand for projects throughout the City and specifically in The Platinum Triangle and Anaheim Resort will require mitigation to reduce the impacts on the water supply infrastructure. Further, sewer capacity may be exceeded in many areas of the City as a result of the introduction ofnew or additional commercial, industrial, and mixed-use land uses. These areas include The Platinum Triangle and The Anaheim Resort expansion area as well as several areas with existing sewer deficiencies, including the Gateway, Gene Autry, Katella Avenue, Arrowhead Pond, and Stadium Sewer Districts. Mitigation measures for water and sewer services will reduce the impacts to less than significant. Mitigation Measures Water Services 5.13-1 Prior to issuance of building permits, future projects shall demonstrate compliance with the following water conservation measures to the satisfaction of the City Engineer: Install a separate irrigation meter when the total landscaped area exceeds 2,500 square feet. (City of Anaheim Water Conservation Measures) 13 • Use of efficient irrigation systems such as drip irrigation systems and automatic systems that include moisture sensors. (City of Anaheim Water Conservation Measures) • Use of low-flow sprii~kter heads in the irrigation system. (City of Anaheim Water Conservation Measures) • Use ofwater-conservation landscape plant materials, wherever feasible. (City of Anaheim Water Conservation Measures) • Low-flow fittings, fixtures, and equipment including low flush toilets and urinals. (City of Anaheim Water Conservation Measures) • Use of cooling tower and waterway recirculation systems. (City of Anaheim Water Conservation Measures) • Use of water efficient ice machines, dishwashers, clothes washers, and other water using appliances. (City of Anaheim Water Conservation Measuresj. 5.13-2 Prior to the issuance of the first building permit or grading permit, whichever occurs first, future projects in The Platinum Triangle shall comply with the adopted Stadium Business Center Water Facilities Fee Program (Rule I SD of the Water Utilities Rates, Rules, and Regulations per Resolution No. 99R-142, effective September 22, 1999). 5.13-3 Prior to the issuance of the first building permit or grading permit, whichever occurs first, future projects within The Anaheim Resort Specific Plan Expansion Area (along Harbor Boulevard, south of Orangewood Avenue to the south City Limit) shall comply with the adopted Anaheim Resort Area Water Facilities Fee Program (Rule 15E of the Water Utilities Rates, Rules, and Regulations per Resolution No. 95R-140, effective September 15, 1995). Sewer Services 5.13-4 Prior to approval of a final subdivision map or issuance of a grading or building permit, whichever occurs first, the City Engineer shall review the location of each project to determine if it is located within an area served by deficient sewer facilities or the proposed project, with peak flows provided by the property owner, will create a deficiency in an existing sewer line. If the City Engineer determines that either condition exists, the property owner/developer shalt conduct a sanitary sewer study to be reviewed and approved by the City Engineer. If the project will increase sewer flows beyond those programmed in the appropriate master plan sewer study for the area or if the project currently discharges to an existing deficient sewer system or will create a deficiency in an existing sewer line, the property owner/developer shall be required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer and City 14 Attorney's Office. The property owner/developer shall be required to install the sanitary sewer facilities, as required by the City Engineer ko mitigate the impacts of the proposed development based upon the applicable sewer deficiency study, prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever occurs first: Additionally, the property owner/developer shall participate in the lnfrastruchire Improvement (.Fee) Program, if adopted for the project area, as determined by the City Engineer, which could include fees, credits:, reimbursements, or a combination thereof. Sienificant and Unavoidable Imoacts With the implementation of the project mitigation measures, no significant and unavoidable impacts to public services and facilities would result from implementation of this project. Section 5.14 RECREATION Significant Impacts Implementation of the General Plail and Zoning Code Update will increase demands on recreational facilities due to increasing population and employment in the city. The Green Plan, in the Green Element identifies the general locations of new park facilities and areas of park deficiency. Deficiencies are typically located in residential areas already identified as deficient and no new impacts are anticipated. Continued compliance with the City of Anaheim park dedication ordinance would mitigate any potential impacts to recreational facilities. Additionally, the Green Element also incorporates goals and policies to preserve open space, ridgelines, public scenic vistas, and specimen trees. Open space preservation includes both habitat preservation and outdoor recreation. Goals .and policies also help ensure that development near regional open space resources, such as the Chino Hills State Park, would be sensitively integrated into surrounding sensitive habitat areas. Mitigation Measures No Mitigation measures are required. Significant and Unavoidable Impacts No significant unavoidable impacts related to recreation are anticipated as a result of project implementation. Section 5.15 TRAFFIC AND CIRCULATION Sienificant Imnacts 15 The implementation of the General Plan and Zoning Code Update will impact the traffic and circulation in the City. No impacts are anticipated for air traffic, parking or emergency access and the implementation would not increase hazards due to roadway design. However, impacts on seven intersections in the City are considered significant. These intersections, listed below, are projected to operate at a Level of Service (LOS) E or F. • Dale Avenue/Lincoln Avenue • Harbor Boulevard/Bail Road • Sportstown Way/Katella Avenue • Tustin Avenue /La Palma Avenue • Tustin Avenue /SR-91 westbound ramps • Imperial Highway/Santa Ana Canyon Road • Weir Canyon Road/SR-91 eastbound ramps Implementation of mitigation measures will improve the operation of all but three of the intersections. The following intersections would operate at a LOS E or F despite mitigation: • Harbor Boulevard/Ball Road • Imperial Highway/Santa Ana Canyon Road • Tustin Avenue /La Palma Avenue Impacts to these intersections would remain significant and unavoidable. Mitigation Measures 5.15-1 The City shall continue to coordinate with Caltrans (designated as lead agency) and the City of Yorba Linda to implement the planned grade separation at the intersection of Imperial Highway/Orangethorpe Avenue. 5.15-2 The General Plan Circulation Element and :associated Planned Roadway Network Map (Figure C-1 of the General Plan), identifies those roadways that are planned to accommodate current development and future growth established by the Land Use Element. Roadways will be constructed as development occurs and as funding becomes available.. In addition to the roadways identified on the Planned Roadway Network Map, the following improvements will be necessary to maintain acceptable levels of service within the anticipated theoretical buildout identified in the General Plan: Intersection of Dale Ave./Lincoln Ave.; add an additional EB right turn lane • Intersection of Harbor Blvd./Ball Rd.; add a 4`~' WB through lane 16 • Intersection of Sportstown Way/Katella Ave.; change NB lane configuration from 1/1/2 to 1.5/.5/2 • Intersection of Tustin Ave./La Palma Ave.; change SB lane configuration. from 2/3/1 to 2/4/0 (would require triple left turn lanes on the NB or WB approach to mitigate to LOS D) • Intersection of Tustin Ave./SR-91 WB ramps; add a second NB left turn lane • Intersection of Imperial Hwy./Santa Ana Canyon Road; add a NB right tum lane (would require triple lefts SB or EB or a 4th through lane NB to mitigate PM peak hour to LOS D) • Intersection of Weir Canyon Road/SR-91 EB ramps; add a 4th SB through lane 5.15-3 The City shall pursue all available funding, including Measure M funding, necessary to implement the circulation improvements identified in the City's Circulation Element and Mitigation Measure 5.15-2. Implementation of transportation improvements identified in the City's Circulation Element and Mitigation Measure 5.15-2 shall be conducted in coordination with Caltrans, the County of Orange, the Orange County Transportation Authority (OCTA), and surrounding jurisdictions. To qualify for Measure M funds, the City of Anaheim must comply with the Countywide Growth Management Program component requirements and have an established policy framework for the required Growth Management Program through the adoption of a Growth Management Element. The updated Growth Management Element will maintain provisions of the existing Growth Management element which: 1) establishes policy statements that identify acceptable traffic levels of service (LOS); 2) commits the City Co implement a development mitigation program; and 3) commits the City to implement a development phasing and monitoring program. 5.15-4 Prior to issuance of building permits for new development forecast to generate 100 or more peak hour trips, as determined by the City Traffic and Transportation Manager utili2ing Anaheim Traffic Analysis Model Trip Generation Rates, the property owner/developer shall be required to pay the City of Anaheim for all costs associated with updating the applicable Transportation Model to include the trips associated with their proposed development. This model update will be used to determine and program the extent and phasing of improvements necessary to accommodate the proposed development. If the model demonstrates that the proposed development will cause an intersection to operate at an unacceptable level of service (LOS "E" or "F" depending on the location), the property owner/developer shall be responsible for constructing its fair share of necessary improvements to maintain acceptable 17 levels of service for the anticipated theoretical buildout of the General Plan as identified in the City's Circulation Element and Mitigation Measure 5.15-2. 5.15-5 Prior to issuance of each building permit, appropriate Traffic Signal Assessment Fees and Traffic Impact and Improvement Fees shall be paid by the property owner/developer to the City of Anaheim in amounts determined by the City Council Resolution in effect at the time of issuance of the building permit with credit given for City-authorized improvements provided by the property owner/developer; and participate in all applicable reimbursement or benefit districts which have been established. 5.15-6 Prior to approval of the first final subdivision map or issuance of the first building permit, whichever occurs first, and subject to nexus requirements, the property owner/developer shall irrevocably offer for dedication (with subordination of easements), including necessary construction easements, the ultimate right(s)-of- way as shown in the Circulation Element of the Anaheim General Plan adjacent to their property. 5.15-6 Prior to final building and zoning inspection; and, ongoing during project operation, the property owner/developer of projects anticipated to employ 250 or more employees shall join and participate in the Anaheim Transportation Network/Transportation Management Association. 5.15-8 For a hotel or motel development in the Anaheim Resort Specific Plan Expansion Area, which exceeds 75 rooms per gross acre, the property owner/developer shall. enter into an agreement with the City to the satisfaction of the City Traffic and Transportation Manager and City Attorney's office to implement Traffic Demand Management (TDM) measures sufficient to maintain actual trip generation from the development at a level that does not exceed the number of trips assumed by the Anaheim Traffic Analysis Model. Significant and Unavoidable Impacts The proposed project would result in significant unavoidable adverse impacts to the following intersections: • Harbor Boulevard /Ball Road • Imperial Highway /Santa Ana Canyon Road • Tustin Avenue / La Palma Avenue As stated earlier, two intersections, Harbor Boulevard /Katella Avenue and Imperial Highway/Orangethorpe Avenue, are Congestion Management Program (CMP) designated intersections and although they are designated with LOS E, because they are classified as CMP intersections, LOS E is an acceptable LOS grade. These intersections could be improved with extraordinary improvements, including triple left lanes or additional through lanes. It is important to note, however, that these improvements may l8 require additional righC-of--way acquisition that could impacC existing adjacent land uses beyond what would occur through the maximum feasible configuration. As a result, if the extraordinary improvements are not implemented, impacts to these intersections would remain a Significant Unavoidable Adverse Impact. Section 6 CUMULATIVE IMPACTS Cumulative impacts are a result of anticipated project impacts. Anticipated cumulative impacts are similar to that of the Project in all areas except related to public services and facilities. Only mitigation to address the impacts identified in Section 6.15, Cumulative Impacts Related to Public Services and Facilities are considered feasible and, therefore, are the only mitigation measures discussed below. Section 6.15 CUMULATIVE IMPACTS RELATED TO PUBLIC SERVICES AND FACILITIES Mitigation Measures: 6.15-1 Prior to the approval of a final subdivision map or issuance of building or grading permits, the City Engineer shall review the location ofeach project to determine if it is located within an area served by deficient sewer facilities or if the proposed project with peak flows provided by the property owner will create deficiencies in existing sewer lines, or if the proposed project will increase sewer flows beyond those programmed in the appropriate existing master plan sewer study for the area. If the City Engineer determines that any of the above conditions exists, the property owner/developer shall conduct a sewer study to be reviewed and approved by the City Engineer and guarantee mitigation of any impact to adequately serve the area to the satisfaction of the City Engineer and City Attorney's Office. The property owner/developer shall be required to install the sanitary sewer facilities required by the City Engineer to mitigate the impacts of the proposed development based upon the applicable sewer deficiency study and prior to acceptance for maintenance of public improvements by the City or final building and zoning inspection for the building/structure, whichever comes first. Additionally, the property owner/developer shall participate in the Infrastructure improvement (Fee) Program, if adopted for the project area, as determined by the City Engineer, which may include fees, credits, reimbursements, or a combination thereof. 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N n H ~ ~ ~' C f0 LN ~ ~ 4, o S 0 ~ U ~ N C g O ~~ E ~Ud~a~ O `O ~ O' [0 ;O IO f~ . .r 0 "^C -NO NvU ='Z ~Q ~ y y N C N ~L' N O S m 0 c app ink>d:g o Qo m~~ mo w ~~3 mo o c ~ ~ w ` ` ~ m-''m ~.X m ~ N 3 NO .° ~ mom 0.3 - L ~ o S a i y d m O N m m D. m 'r-/Oi .LJ O~ E - c L O c~~ O1 ' ~O 3 a~ °' ~_> w m ~ ~ ° cL . -orYE m mc of ~ ~c OO~co~ UL ~ N 'C ~ L V N~ n'Z '=O 'J w0 N O~ j U 0 U C C U O 'O 0 3 a C ~, G j > N N ~> U N ~ O C C O ^p = T L ~~~ ~ O ~C U O L` N j C N c ' N _f, 1 C m ... ~ w a L N > _ e °' a o O N~ ^V ~ O U O N O Ip N N N O S (~ N w0 .~ ~O O _p ~ N m . ~ L C L ~O •U U T N C N C ~O ~- a N .[0 'L.. C .' S o ~ o o m o`c d c ~ a`' `~ m~~a E ~ pv ~ mw m5°'_- c o~ i a =0 ,~ ~ ~ U_ Q O N. ° N ~ ` C m N (0 m N o ` N.L a N N.. N N ~ O~ ~ Om .'po c~a mcic~0i- i i.DO mm-o ~E n mo:oo>,c1°icLi ~ ~ mm ~o c. Eo ~O o C Nt, ~~ ~ .C ~ N U W~ ~~ N U 'C N~ l9 = O ~ N N U C N 3~U~' ` od~o o~p. ~c~ ~a ~~~~NE~~c p 0. o. . C f0 o a~ U N ~ ~~` o I-E~Hai i i Hd~cEo m c i 3oa~o~ E a a~ ° n° n.aa i E a N u? C F~ G O ++ N O V ~ m Da L _ c G -O C p ~. O m~ N m m m N N O ° N ° m Q ` =o ~ ~ =o =o `o c ~ m m c ~ m ; ~ G ~ C ~ m j N > fO > 0] > CO C 'C "O ~ W c Q N C c ~ W c 0] O ~ C~ C C G N ~ G~ C N ~ C~ C C Q ma m a~ d D omdo ooda~ wS` OiE~°'c r ~'Ec r mEc r °~Ec r ~EcEc r r ~EcEc r r ~ o~-o ' C C o C _ o C ' o C ' U o ~- C U o o ' N N m C d.- C .- l9 'y C d.- > f0 N C d.. N N C d.- .- ~ ~ O S] d~- d c. .- (0 y c0 N L d.- d•- (0 N > N > N N N q~ > f0 N > ~ N ~ N N ] N ~ N ~ ~ooao aoo aoo aoo a aoooa aoooo `m ~ ~ E o N N S ~ T _ m m N = - U .c N N N mm Lc - o 0 0 -0 0 ~d~ E a>> m E N d a E y ~ o ~ N N U m Q O~ N o U~ o R C c o ~ U O G C N . N N ~~ o w- ~ E m ° ~ m o~ L 3 m o ~-o f0 m ` ° o L c N m~ _ a o~ o m E c ~ N o ° N o c d N ~~ V Loa ' o c ~n U E m = d.C o o .c N «N. E U ~ T'C d~ C~ . ° 3~ - o! o Q c , m a - Vi v . ~ddoc. .E~mm ° v „ , o~m3._O o°-NE°- ?m~cm a mc a i `° SEE ocm oo~m3 c>-o ~ ° o ~ o > r>.~ - oo 'E Nom ' °N' 3O C ~O ~ m c dm 2 0 o m o a~ a 'o dm ~ a~ ~L- . . m~ vNiN o 3 °-~°. yovEd d~U ~3E Ew'~ `" ~ L ' dam °~~Lm - O L N cr ~ ~ J N C o°'~o~a~ °' ° acic°~ ' E o~ U (0 .- o~c U m w ... mNLN".Nmo~ 'ENwa~> ~ iLa~'. c~ a s EE NNC .- mmm E . f N` d O d C .L-. m d~ L O C O O N V d D N N O ~= 0 ~ E o U~oo~~Eo mNmo_mm °c=N -N ~Ua~ Omm Arno ~ ~ ~ i m ~ E'g ~ o ~ m a .° ~ d-G Nii p% v -v~ 3 a~ o L o m ~ m ~ rn :~ . >.o~ N~ ~ Q^d 'o m Q m c ~ d~ m ~v c o Qa~ ° E m d 0 U o m c c o r ~ m ~ L c~ •D ~ d~ N Um m~?cQ~o .D ~ ~mcocm d _- o mo ~~ > o 3 N o o 3°0 N ~~ 'X'o fd a-o 3L'~ cL2 `0_ o'm~ -°.`-° N . o~Y E o ~a >r > o ~ o E _ .~ o m m - ° a~ o ° o U Om ~ ~- d acv my m e ~ aN~ ` ° D o o O E o o .- c ~ rn~ c _ o v ~ N~ i °~ ~3 U ~ ~ ~.c ~m ~ o °'m.~ m °~ _L ca 3c i a :..E• m3m~ o ~.~ j, '- me°m~m, '-' E~ oic ~O 'o m3o~ ~m~ ~ B E U NNON(O~UC?) . `~ o a E N m~~ C NBC ~' w~~ ' _ N NN O U C c o N NUNS p c t o! N""w d o N N ~ c~ ~ C (0 O V U O 'D Q .U ~ T O 'C l0 F G . N O W . U O O E N O ~ J ~` N N 1] ~ c N N~ j 01 O oNa~.~~Qad`m' N > `o o_°dmEc ..+ ~mE > o N N G Ecc a U c n U "odw w E ` Um _ ` L a ¢ ° U ~ ° O da i 3 e om ° m x a t $ m m d o_Q ° °~ v 3 c ~¢ U c ~Ha ic - ° c l i F m a M V ~ (O W ,- N (O CO (O (D ' Q I~ ~ N ~ u7 ~ ~ ~ ~ Z Q } G ~ • O ~ D Y 2 O) C N O~ N C C O~ ~ ~ C . C C J ~a ma `o ma aCi ~ E ~ E U r O C f0 m N na~-a J a~ .>_ m aooo 0 w U ~ d :~ .o E rn~o O N ~ o '> c ~ m m c -o N L.N. C ~ N N ~` N QY m ov~~ > o~'o '00 C ~ C 3 .~ ~ O) l0 O O) >. ~ ~.l U m W ~ a m ~~~ Q aU o N N - C L C LEn~ w a ;~ o ~ w U > o N m tL-~'m~ M C1 01 ~ ~ ._ m m c c N N ~~ O m~ O C N .- C n N C N ._ C n!%) m m > m o > aoo aoo m a ~ ~ . coo d o ~ .E ~~oa E ' m _o N °-JJm C ~~ O ~O p N N -O Q D1 > N ~ C 'O m ~ n > ~ (0 O N~ N N~ O O G~~ O U C ~a~sa~ . mcJi~-NE°a C N N C N a > N in y N O S . 3 ~ ° m a a s `m 3 E m o n Q c y O~ N C 0~ a N O d~~ U ` n m ~ m r m ~~ ~ c . ° U~~' ~ E~Q w~ OI Q d O. C N m C ' O d~ C O C O (0 0_ ~ N ~ m m ~ m._ ~ U m N 'O L 01 L N c tea.- c- (0 . . .. J 'N L N C O T '~ ~ N "O Ul LL N y . 00.0~d3o C N .JOO~mJ~ N ".~ O ~ N ~ N o J ~ N C ~ ~ ~ _ m C J (a U C O x m a m m O N N L C O O OIL ~ O~ C C N N~ N L C Q1 C C Y N 0~ 0) ~ V ~ N C~ m~ Cl m Q'~ c ~ ? a L U .- N 3 > ~ ~' .E O C {p - oa N ~ ~n ~ °' g~~'~F - ~ .a V1 C a~~ `o ~~ O O > ~. oaoEc `o _ o _ N O ~-- O ~ ~ l t t f l f L C N E ~ c0 .-. N N ~J ~ E m a~'m C LL n N N ~'E c~ .~ C O ~ N ~N U ~ n._ - ~ d ? o aooa ~~ U U C U O_L C~viE. mcm~-3 . 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Nmo L ~N ~0 ao aE ~ aa i via mcmoz ' 0 C ~ -• m N e ' o ~ U ~'~ m~ d~ N E w o S J vi ~ N~ E ~ ~ L ~c o Em~ ~~?o. m Ems m o E"- i E y a N~ v `0 c m'o ~ o _ a;. mm ~ c a~ ~ °~ m a'o 00 N r w C~ c N T O o ?~c i O Q 3 Z lON E~ ~ ~ N N D p a~ om NU L~ S C oENO ad N o~m . ~=m~°m~ ~~~ = rnm~' o~o Y VOi oL``, mc o `-'og o~a~m K oa~v ~ ° mmm cc ' Zm~U U ~ ~3 c a ~oo ' ~~m o~ .= rnE ~ QO NC~ a N ' O~ ~~ ~~ N o a o m _ d u~ o N o N U c vi o~ O ~~' 0 o m a ~ m L O a N /1 ~ ~ t C~ N N L 0 N ( O T Cl C O) ~ N ' 0 ~ N ' OD7 N m C y -O ~ p .- C L ~ N a ~ E ~ 3 3 oL 3 Vi j `~ o Ta ~N g N ! ,~ ~ z N E O ~ ai p ( a ' O ~ N - N N (U N O d O p L 0 -O O N N • O N C O O L Y LL O ~ N E L . C L w N in oc N o ~ m mm a~ N3a~o mQ mN 0 . N > m 0 ~ E l o c o o N~ N c N o o. N N N (0 0 ~ • O E ' N O ~- ~p U- a y v N a~o E . . . e . . L L f0 7 N a` 3 NLL ~(/J ~ d ~ N ~ r ~ ~ ~ c O . ~ E O U m = m ~ O M N O) - Q1 N C ' N . C O1~ N m C m~ ' O ~ m c - o~ c - C ° N W cm ' , .NW cm ° e `a ma - `a ma ° Q ~ C C o an d o C - C E a E ~ ~ c a' 'C O~ O U r O 'C O .- ~ N N •N > .- ~ N N ~N > > _ a~ > ° m . ° a~ . _ ° . _ a ~ 0 0 ~ d 0 0 ~ ~ ~ U "C s° O1 C C ~-~aUi ~ m ~ a~ noaci O `mE E wsL(Y mL 3'0 `o_ m - ~ o aoi-~ E ~_ o m Q) N "' m N "O d ?~ O T.N. C (6 d U N m C a o~Ew>.` m~ m Q1 ~uam~ a~ c °o ~> ~° ac o omor nm O O ~m o O ~_wa~ ' O ~ ~ L ~ E ~ O O) ~ Q d N U O) >. ` L U - O O 'T' 'O = N ~ ` N N >. (0 _~ me a>i ~ ~ ?w a~ ' om c a°i o d ~ ~ m ac o p ° oLL ` ¢ ~ `~ 3 m -o Nr ' - Ew °- ~ o vi °S ~ oa i m~o~T ..L oL o N... m ~ o E mU °~w -w o-~~ m aN o .C '- m o ~ >. ~ E=or o c N 'EFm~~~ ~ `o m c o ~~ a a 3 ~ E a~ w ~ ~ c vi o.`~ o i a >~~ a~.o E ~ c ar-=~oa .c E 3CJ ~ o m E~ >. . w 3~ m >' o~ o >-o 0 v 4L`m~m~°aEi ' ~ '~°-~>.yw Z`~rn~=N ` O-cOO-~c T' aY°.E~` o a ~ rn cNS~~-vioa Em: ~.~~,~vi m m mc°03 ~w~ m w~mrmov . E o EE~ N =o~mVm~~ c~ oNOmn m r cul°-mm N m•-n ~~~ w °O -~E N. O N O lV ~' _ ... P N X Vl ~ N .>'. y~ N~ N ~ O U~ 3 ~ C~~ N~ g ~~~~~y> u ~° o '->-o~~3aai~c o mCU~~aci i°.a~ ~Eoaa y NE3 °'o~~~~ m c o m~ ~m ~ w ~ o ~ ~ •n oo~~o m o ` ° ~° wU ° r ~` ~ L o F- Z`~ m 3 omo2 :o ° '= m N~ Q~ _ m >. 3 u i > 'O C c ~- a i ' " ~ m ~ L o - N ~ F C gy ~ N Q~ '.C. w ~ N L L N N N U N N O ~O C >. O~ O O L >+ ~ > N C B r ~+ N N W N N .C O B U p N - ~ f0 Q C w C O O N ~ C L l9 .U O) U ` C U N O) (0 U N N . ~0 ~ (0 ~. d~ N d m=~ c ~ mL p a``i~ ~ a~ 3 N m >~ m N i e o~mO a~ mc o ' d ~~° ~~ U.- ~ ~ c°-mc ~~ v o r w o _c>, X. s o 3 x NQO~a~ a ! o~ w. z ~ Ea c o ~ d mN'~ ~Q-o o w¢~~'~ o C >Em- a~m~3m c 'O Zmmo~ c a i a~ E~~'a~°-c° o,c i .cmo ~ oN U a~3~ °- mN a i o'-mE Y i m c c~ m ~~ P N C ~ S c ~ C O O ~ o . ~ O .d 0 'O O 01 C >. N d Ol N O d N >~ y ( O O N~ O U ~ o y >>a~m`~~ a c-o~m~c~ o'' va~iNO_°~ co~>,~om~ m.=>~v~ m a ~~~ mQO o v . - ~E ~ ~ a.~ E ~ a3i m dL _ ~~ QU `w m ~ a°i~L ~a-ca oLa~owm ` Z oa'>mL'-°~ ` c'>Umm `cma~v~~N UmLmorE a 3tnO mr~ y a o ~' m 3vv o ~' ~ E'o ~ n m m ~'Ua m~ 3 ~ m 3 ~ co `m v c7 ; (`7 v ui f0 u'i e ' E ti m ~ c o c o ~ N c o N N . N C C > . ~ O Q U ~ Q C ;V C Nw'~ O ~ C 41~ O O .- ~~~ ~~ >O E C O O E o U ~ ~ N U ~ y ~ o_N c ~ ac ° o > m aoo~ ~ o m ao~ m C N c .0- _ N p 0 m N G m E Z L (O L V O O . _ O C U N~ W L m L~ N .°. C "O N N m a m ~ ~~ 3 3 o c w rnm c~ a ° m ~ co m .. m ~o -oo~'o - o m c oZ `- p-'D a°i ~o m y 'm a~~-o~ o~d:=_ ° L o~ tmi~n~m owl iri aci d ° m E m o °~ c v m e a~:E~-o ~ op E E i a U J d (0 ~ L N N 0 -O L ~ OI O O 'O C N t~ l` ~ N O > D_. N U J ~ O ~ Q Em y C -O T o o O O U =O ' ~ lD ~' N U Q~ d ' N W fa ~ ~nd n- o o ° o v mQ ~ o~E U ° ' V oar ~UE.°N ' .-~~~~ m ~m >'o:em Lrn ° - a °E o o E m m c or ~ o m.n ~O ai f0a~ Q~ E m c° ~ QaY .3 C O « .° O w U~ d C 3c C N '.f0 U > Q ~ (0 N ' o ~ 3°~ (Q ~.`-. N .D ~ J c O (0 ~ p m ~° m Z E •m c Y d ~ ~? L m o o m O' m ~' o c a °- I ~.U ~~ N ao ~ m ~ $ , m m~ a m v o~ m ~~ Qa 'O O U N O N L C W ~p 3 ~' Y -o C ~ m ` N d (n >` N d C O} N ~ U . ~p N J j C O ~ O O. U/ 3 N T ~ C °oa~a~ C O C ommoa~ >om"O a~ 3 > ~°> Ornc = o . ? - `~ m~° Q `o ~~ cN~c '~3EU o~ ago a i . a i _ o 'm L ` E U~ ~ m~ ~ 2 vai o ? om = E ~m ~ o s >. m ~ ~ - I F ~ Z C .O C N O C YL" ~ O 3 N a =_ N O b N O O C O c Z O O (U O` ( j C 0 0) N O y C " 0 ' O a r C~ C C O C O~ C C C C C L N >`` ~ m N N 3 C O c c ' C C L (0 U C U U ~ U ~ C U U U O 0 N Z~ N~ O C O N N~ _ N N _ U1 O O C O ~ 47 0 C d rna m O o ~ m c m ~ s c ` m i 3 U~ o . i a C9~ °O°~ N ~ m "= d c°~ m d c cc ° m ~ ~~ c ° c m o ~m c a~ N N 0 o- 0> d O m op~ "O ~ `p Z~ ... c ~ c d ~m Z~5t0 1 L I- ~ rn2 L p H~w-ow . m~ E o C'J f a e e e . o 0 N ~ _~ u'i ui 'O C .O C O N O y U U ~j C ` ~ > O C Q :y YS~ > o ~ m ~ O ~ E a~'E m U ~ y'C ~'C ~ N ~ (0 ~ N ao~aoa aycTL >. Nw Nw mU E o 0 otn ~w m ~ ° 'd pro.°~ a0 aci J ~ d aci wF= ~v~ ~w m~ m E~~O-1O ~U vi mL E~ s d o o. m~o~~mop~~~maow°'~o ~ ° m v JU Jr~ `o~m ~ m aZi °'> ~~'-gig t~ o ~1°70..m J C~ O c C j J~ C~ C O ~- N N C c~~ E m~ c a~° i~ °- > a E i E c cL i a> > a E C~ `~ CO ~ U ~~ T L tJO W C 3 U N d cL °-'~ DC 3 oo..z'O m~ m E ~ ~~ o °... W o a m o c m m~ ~ a E i=_ E a ~ m T m a c e °' c ~~~` ~° o~ w a c i o m 3~ ~° ac i U m '~Em~°'c~o~E c~caaiEa~o~ > o J ~ ~ ~ H'3 ~ ~ ~ m d U ~ s o - E c W o J vi >.Q~.c m o m E= o- ~-U 4 0 ~U o E d~~~w ~~'a ~ o~ o °~ _ _ vJ i Z.~ ~ m- o rn. ~°~~ U ac i m ac i w_ 0 0 D_ D o E ~ U O N~ O w ~ O L~ U M O y~ J a oo~,.mm E L~ c aN cO.~E o o c ~ oww c~o N C .- E T OL,.. C E U Y O O N N l0 C mm U o ai c.c E o oL o~° E E m U C !E N O S 01 J N N~ -O C c E E N C ~~ ~ ~L.+ N~ C Q O E N OO !2 ~ UO ~ N Fw:~ ~ C N p N Od r=.L.. C7 N V1N n.d M _~ lfl -C O N 'y O) w -~ C_ ~ ~ ~ J C s° G ~p C o ~ o EC a~EC o O Vl C ~ .- O. C c Q N N ~ ~ N .? oi-aoo w m m y ~ N ~ U o o o '~- ~ c a~ v o w o E c o~ o y a m L m o E E a~-or ~~ ~ m o E° Qo>o~° OEo~o.m o.a 'o-o Q m O ~ m a>'imc~owmoc~' C .N L >. U O_'E U N' N o a « vi a o. ~ ~ c m .E o o~~ ~ Y ~ o m ~L ~ c ~ 3~ E y O J 001 N o~i~~m~'~~~o . E d C fD 'O N O d c ~ U U= w a ~Eoo_s~"m3°o N O N E ~ d O C N c°o m m o.~= am'o l0 ~ O N U J t~ J O F'_' O N U~.. - d d N IO -C ~ N N N~ C O O~ O N~ N~ 0 0~ C U tq i_ E O O T N T U C O. O Ol ~ (0 C y C f9 ~ O 0-YOF Q O U SH NL. U d .~ N ~ N y a ~ o m o ~ c ~ > >,w -a~i c m E mt~- > °' m a- o mmp:- o ~ m Y ~ a>i~-° a2 ~"--oc "O ~ w y ~. ~ N vOi N C ~ ~'°o N o c o~ m- E n J ,. ~ c J o D_ O O N ~ ~ W O .O C U C m m - 'y 'm :... o " m~ o E ~' ~° ~ ~ C N o N ~ s ~ o o ~ w a ~o~°~acia~im yoo°>•o.U C ~ D_L O U O E ~-° ~ o.c~ N O N v ~ti- o E o ~~ >'C., ~ ` ~ EmiuvNj~'~~' J r~ ~ c C~ '~ N ~ U~ O O N N rG c 0 . ~ E 0 U m c ` ~ C C 'p C O ~ 'O C O Y. C O l0 N O) N O) C O N (p 'N 01'j C O f0 ~N _ ~ C ~~ _ C _ ~ _ C N :0 C ~ O O) ~ ~ 0/ C N~ C O O C G V m N~ CO N W C CO N S ~ m C N C .- S C N (p N N o > '> O O a . . Y C [0 C O N N ~ G~ C O N a N ~ C jp C O d O N NN'O ~ C (9 G~ ~ O¢ o N. a~ L ~EomE > >ECE r ~EomEc~ C ~Eo~'E~m . C c ~~ a.~ ~ ~p C ~ m m m '~ c ~ m N C m y '~ ~~ m c~ N c n a c c a~- .o a~- a~- > > m ~ a c c a~- >~ m > .n a c c a._ c m ~ m ~ ~ a~ ? _ _ o ~ m ~ o m m > ~ ` > o m m > m aoran^ doooo aor -aoo¢o aoFn_ooa f0 - C N O w m Y N ~ C L N "' OIL C N E ~ N ~ N~ 0 7 p >~ C 0I O C ~ N N C N N N dj L E L U o~ T m~ 3 ~_ ~ " .+ ~ p S E T L N N ( O N 0_ C C L 01 G O a N a a (0 . 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N L N C ~ U N (00 ~ A~ N N at L p d C C N a d ` [0 aN L O ~ 3 0a O P N X !n ~ 'O L N L N O a w 3 N T (0 ~ ~ [0 ~~ C N T N Q N N c0 U O C O> t O d U F O O ' d 'L" m L O c U D a¢ N p j~ ¢. p O ~ C Q N O N 0 0 0 3 a ~ U ~ N . ~ ~ 3 m : c E d N R ..TJ ¢ ~ w C N v d E v aa~ "' o ' > a> ~ a N .~ o o y¢ ~ E c NU.o o v - c ` m mEo~ L. .~ N c -o y > ° Yo°m.L . w a~ c • mocc c ~O oEDm m om mo N m~ l- a i>. o ~ v, N N E -O E L N o'. a i mZ` (0 'O E U N C C i~E na 4- O~ (0 47 m a i m O d T w N CL-. E . -. O N N~ O .O `~ O .~ ~~ N C O O V a a Ol L W ~ O 0I N~ '~ p of a o d L c ~ `o ~ ~E v ~ o m o °~ ~ r c o ~° c o. Y c c~0- ~~ ' ' NoEE53a~ a¢ o m'-mo p ~~ NL°~ dwd°cNm c~m a`am a~ omo m~_c LLd n U~Nm¢ . . . ': u~ co r w ~ ~ ~ .- ~ N N LO l0 G E ATTACFIMENT 11 ®RAFT ITIGATI®N M®NITORING PR®GRAM F®R TFlE PLATINUM TRIANGLE vi U m n. m c .T 0 N o r O ° Z ~O C N T Q ~ ~ o d a E (7 Z ~ ~ J ~ z E ~ a F Q 0 Q ~ .LN.r aLLZ V, H O ~ a o D 2 ~ a W F ~ O- Z ~- a '° O O ~ a ~ o ~- Z Z o o O a w ~ o ~ U N N d m c a ~ ~ E a o {Q = C c c N ~ E a_ a O N ~ `m o ' c W C7 Chi O N V c ~ C O C ° ~ O C .N ~ d 0 '~ m ~ a o ,~ o ~ ~ ~ a .O U a H .= 0 c `g °-m°-' ~~ ~ °' c - d a~~ELL U ~ N N m O a m c °~N~OE E o o " a IO 'U N ~..N. N c N U a N N C O r 0I~ N-O m m ~ m > N ~ > h r aE mU 3 ~ o L a ~ c U N N d C 3ccoi~0~ o ~_t ~> N U ?~ N NL-~ s o ~ o m N O U N O N m~~'m.o p~c ° ~ m Qo~Em ~ C C N N N N ~ m~ E v o~.E~~ No.~Eo ~~ °~ m m ~ ~ m w C'~~p C O ~C O' O O C N O'O N (0- C N w d ~ .p 01 mm~Er E F E ~ U .E o~~ V C~> C= c0 EN~ 3 oc= ~pw N~a~OiEa3i > vi p'j (0 C O r N d d a~ N ~ L O C.L.. n=w oc~3a~ .~p m o E ~ O ~ ~ g~~Nm (0 ~ Q ~ ~~ `m 0 o N a rna~ ~ o C O O O - . to N O N E o~ n,a'> cv ~~_¢~ a~Ecc m ~ o_ 3 j N .p. fn O L N N >. 7 t. ~._ C ca~_Eo w>mE0- ~ L N O O U o_ y '3 ~ m a~ E-~ aci c~ °~r`-°a~ .~~Qac W ~ "o L .o N L m r- N3 a~ m c w- o 0 NcE~' -OON .= ~ c :D _ o N ~ O U m o ~ E G ~7 ~ ~ s c a N ~ m'3 y ~-o~.~ N m m ~ E a~ ~ mEmL o c `o U N O N l0 N= U ~y3mai d N N O U _ ~ N m°'~~E N C O ~ UO LoQ~o 3'~.p Q~ Nm cm u=i f0 (0 N L C U = ~ N N .N. C U y O N U C "- c w m m E ¢~ ao.m U d U C '"' m 0) SOU .ate c ~ v E m,..a~ ~ ~ ` N N C ~ r ~ ~ ? O.O N N U N C o~ocm ~o~ .~Eppa ~ m N ~ O L L 0= m O wo3~'~ ~E~~n ~ C 01 U1 C O O. ~~amm a~:. rnE c E'E ~:~ N C N «O N -O O~._Y C mL ow m o~..~ ~ m :-'3 E,D a a~o N f0 0 X L 01 ~'U :_ N N 3 w~li`~ my ~ D.U O t- c 3'3 N ~ C-O N wamoc O _ (0 w E a a ~'°oE.o a L O O N ~ m > r~~a .Eoo~o ~3o~m i- aELy M 3~ E~ a~ m ~a d m T U N ~ L .n Qo-o._. m E m 3 rn ~- E O c N N > ~ `o~~ m 0 'O C N ~= C ~ ~_ N ~ 3 E °-' ~ o~m m m m ~ -oo 'E~oc c O w ~ N C L O-O N `° _ E~~ N O ~ O. m3 d ao,c~o .) N L O U N m C p N d L C N s aN~UE m m`m m m m o >.~c o OIL d 7 N d C U C Q C 0 0 C ~ O m.U °' `00~~62 c o m d O c o >> a= o U ~ N-O U 01 O ~ ~ N .E "O `- ~ C "O o c ° o ~ U N N 0 0 m mo`~E~ a c ~ N o ~ m ~ C L C N N d 0 0 0 o my E U w ~~omm L_ ~ G ~ N ~ _3 N ~ N (6 ~ !0 NL= v wry N 3 c w m ~ m ~ ~ ~ OaL N C E .. vim, o.~~`o (0 ~ Q1 .+ o E~ ~ E o w c E ELLS ~ O O co ,gym m E E E °- d p U (0 C N ~ U- O L o L~ c 3 N i~ C d C C C' d C O O V .` ~ ,~U== .aO. U N O C O `' m m m E'0 a L E c c °' E O ~ O ~ L U C N w _N L N w L A 7 w m m C N C a = N "-O r "o c d C ~ d~ C 0 'NO ~ocom cE c~EovE wQ o~EN~m ~-°o Oar m E V ~ c m 0 c 0 U y c O C o ~ c ~ ~ a~ N o C E '~ a ~O >. ~ m ~ fn ~ m ~=~ ,= E N N ~ p_ N -O c _ m m m L .O to ~ U .~ ::. ~ C O)_ C ~ ~ L L .+ (9 -O m m v O ~ a o- m m O ~ C T O E m c o ~ C m o m ~ ~E c ~' o L E O ~ N O N C o d C o ~° a °- x O ~ LL l9 '~ U E ` aN `o c o~ c .' ._ m .n 'ti 0 a O U m N .N.. 0 z G an O Or on 0 .~ 0 0 .~ LL" G ~r' N iii E ..0. f7 .U. a 0 .~ b .N O U O U Y U O 0 a :.' O z iF 0 G `' 0-° N` O.! E O U..:.:. ._ .. .. _... U C U C ~ c O FL N Fr ..:. O N ~ -O N y - O N C 'C C n N O N C n O N N ao ~ E ~ c ~ E ~ c ~ U NF U N~' N: N jn o o a mo a mo °T -° m a m ~, ~> m a~ O E o0 o r>>c ~ m ~ N m aNi oo m~ ~o r L °mc L~ n ~ N N N w C N U °°i C ' N U ° L ~ 3 C c` U N N U~ .. ., N O > °'.O [O YconUE (0 ~ ~. O-~ N m ono L °~ P m .` Z w N a i p, N ~E ° w N N ~p U~ °c T p~ N N E O 'O N N n m o> °. m y d E N a T Q p N ° N E« d N ~ ~p > w d 'O N :° cY c.... `o. ~ ° o > N m n ~ c~ m T > O o ~ o mo E .X ° mv ~~ m~E oTVOO a~~ m3-c o a >- o mmam O°ai o»o do~~3 oo °amo~ o~ c mo ~ -°~ oa~oOaN o aca c~O~ ° °~~~ mE.o»O E ~ in°~ ~° °-oa-°ma i Soo ' E T -° L O N E ~ C CI E~ O ' ~ N C N c 0 ~ (` X N (0 NL = ` O ~ O C C .O T n N ~ ~ O U A L C O N C ~ N F L E p_ N N C . L S O L a°~ T j N d ~ C N O > 40 ` N N N O L.. 7 L 'c N N .~ N N O ~' O) ` N E ~ p ~ N f0 °r°~c~O~ mE~~O~°' ° -n °-' ~~v E3N °oin'pnm ~ °Ow ALL. o aci ~ ° m E ~ ° -° m N.o ~ r ~ c E b °' °o E ° N~ ~ a~.N.~ m 0 " o E c ` 0 _ ° o m O-U' d C° cmm~m O n ~a~ .c w m°' N - ° ~ O N C o mss ~ 4 O) ~ o ' C ~ L O~ d N F d N [0 C n~ -O U) -+ N O (0 'C ~ p~ O T O T= O L L (` d V ,c « 01 E O p L d N 01 ~ o ° ~ ~~ ~ N m N E ° E°j c O ° ° a, m w. d - o m ~ e ° E N~ po d ma i c> m im a m` L EE m ° p Eo, ~ o Eo -°o °«. w ` -~ ~ ~w °' o F-. rn ~ ~ m N A ~ ° N mm ~ m - ° 3 °O _ ~ NN ,~ ° > ~ ~ N U U i E O. ma i .D E n C o>> 10 `o -maK N N rcN E O C ~ O n (0 O ~~~ ~~ ~ C m - ~ ° N ~ >' °~ ~ L N O' V o~c c° N °~ N o~ r ~ E N ~ j = 0 W ° m ~ c.,_, c m° ° m Etn ~ ° m ~ aNi -°o aNi me m m m~ m E~ ~ m E o~ m o ~ s o ~ E ° 0 f ~ O O O N p~ N N 'O N O y ~~ O U_ - U N C_ O_ O O . Tai U ~ ~ .L] L (0 ~ Ul "~~~m°-Y ~E~~' >> ~a ~~ Z O1~a~0i ino`o mcc , Z~'mY rnm>, ~U o m o c m m° o ° -~ E ~L voi `~~ ~ E o 3 oU T° m n~ o 0 o as m E~'~aniafOm - o~OEN mE V, E~ N inc° ~` ° ~NO Ew'c ' NEo3° n.~~ o~v,ac~v ~. o oaoi m° E-o E°'w arna . om o ~cr ~° gn o~:oo ~a~=FEE o . -°om~moa 'moo ~~ rn°O °E~ . oo> j~c°i oQm>m ~ja m ~E a~ ~E~ °-- L y m~ °~OO °a~0 °Qm m ~ m ~ ~cN~ 'O cQ c d ~ o c° nE f0 ~ N g N °. o~ n° ai a o° t Q E N c N ~ v c a~ ~~ -0tn . ~~EUa~o-oo. N N L 3p~c N O ' ~OE" C L c°~ U ~E' 01 m°' onm-°N , ~ Zrn~~ Q E o` m~~°o' '~°E o n m~ m > pow m DoE i m~m ~'° m °' N - N ` ° m ~~ m m-o o . ~ .,.., N° ° N m a i ~ H U ~~ `m m E ' B o d o °a i b N.o m 3 a i ` oia~ a~ ~ L~Ea>i l`-~ no ~~~ ~'~d ~`~° o~~'o mo~ o 'w n ~ ° a ~°-'oo~ ~o° m w. ~ o ~ > ~ ° o v ~ v i a - ~ H mocm °~m -° o.u iwcc ' co_rn UQ aci°c O` n ~ ~ m~o'~:°_c `mr°Eu i ~E`~ i ~ g oQ~3~ ~ Lm;aa~a~~ o_ Eo. n >cUHHw >Nndm Om U w ~.~.. Q O .LJ 3 c I- I- O N (Q F- Q N e e e e e e K U ~ ~ o p 'o ~ - ~:: ' , Z Q ~ U N w .n O O ~- ` ° U N~ p_ m N G G N C O ' E Z ~°° m ,cmco c I- p UmN> ... m o c m~-mno ~ m c ~- ~ Q c ~0'v E o o ~ '' c m ~F ° c m ~ ` ' ~ . a y o,n3 g. c o c m da N my o " O a m'o z ~o z a ESN d' ~ N F- N N C' O U7;`.. o: E` 0 U ....... ` O 1 U C ~ ~ C U ~ O ° C 'O .N . m.. C jp h .C ~ I_ ' Q N >_ LL ~`O N Y -° d O C Y - ° y 0 U C Y D) O'C O O C ° m N O E °~ C a o 3 E E c ~i E~ m U m ~ E m ~ ' ~m~m ~m~n mm a omn a0 m~ o rn ° d~oaow C C p Y ~` C ~ ~ > w - ~ 33 m ~ ~pO °`~ c L S O ~ ~ w r O ~ c d ~ O N ° O m 0 N B C O > 3 o a ~ o ~~ E ii ~'~ a`~i o a`ni o o m° m °- ~ c c a i ~ ~ L j E~ m Y ° .. m ~` ° C ~ o c~ U~~ ~ c o a 3 d c ~ m or ~> o n o f ~ m E ~ m E'3 m N °_' o 0 Y Eo> a~ d of ~m~ U° o m ~ Q ~ ~ m ms w cc~°-m ° °- > 3~ c ~ m - „° ° '~ v °a i t-.O ` c N o .°. ~. ~ ~ m g E me m pL >o .. a~ > E'yc m ~co m~ °"~"'LO°''i cQ-° '- o~~mc ar~ 3 ~E~,N`m o. o'o ~mE. ~~r mac -o omo ~ o °c mm. m3 o_~ ai E° ~ o m 3> o m H c ~ ~' o mw m~ T c o . E g o oE? c~ ` ~> 3~.o` -°pc ~ p~opc ~a~~ ~ ocoo°- E o ¢ 4 ; o. , m E a° ~'c ~ E N ~~~° m a o N ~° N m ms y ~ ° v o & m E a i m . m - nL c d a o ~ c 'v ' ° s; ~ _ a°~ . . 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E> o ' o ~ ~.- ~~ c'- m a i ° ° c ~n ° m E m ~ ~ ~ o ~~O1°>f6° ~ m ya N m Emm c o ° ~mm ~ ' ~ ~ ~c -orn`o L- omyno ca iami~ ~o im ~w~a oEwY E ~~°- c?~ N ' " C L C ° G ° ~ r ~ m G~ v O d L C O, j an d ~. O m 0 ~ am.. T p m t~ N m> O W 'U O ~ N (0 01 ~U C Ul ' d O ~~ c y ~ O) (~ p m O C '3 -O N N N~ L m m ~ ' c m m E ~ m °'v,° °~mw ~~ my a~ni:g > . cQEm c~ ~~mrnm aa~c ~ VLp Lmw Hu,~I-u o ~ m m~~ i-a°i~ m~m°-Ea ~3°~O- ccTi aoo~o ' amo~ o Q m C7 'c a o F '~ cn ~ -o w m^ '~ Q a i~ '~ 8 m ii ;n v~ r ~ o E a v x ~ c~ m ~ m e e • o e o e • e • m F m Z o I- !L~ 0) c Ol C C ~ C ~ .O C E wm o m C m 1-. : o m m'~ c O m C C m O, N } _ Ola W C ~ O O. ~ N C' H O O O) U J ,. Q m Z -• CJ ~ m N o ch ~ ! N U N Q ~ (C' 0 .p).<; a ;; E` 0 U c 0 ' w ~. c ~ Q m > o ii p 'm o ~ Q ~ N C~ C ~ C j N. C'- -c ~ o p U E o'er o mo O o E ° 0 o m m m ~ ~ N ~ Ni C C ~' ~ N = p ~l- n~ O ( O ~ O cn d~ o a o w a o a a o m cn d~ '~ u,a~m C O CL C m C M E-OO N O y. 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C ~ O N O m O ~~~ 01 ~ E . ~ ~ L C ~ U _ °" E O ~ O ~ ~ ~ V L N C L N ` L N C ° L N ~ O U° .~+ ° N ~ C ? i- ~ YO ~ 3 o .~ ~ o N c ~ m r o "O N L O f0 C N N c F ° '_ '= L L O ° ° N m m . ~ N N ° H Y U ~ c N N -O ° > C L G U (0 ~ C E T L N ypOCOO ~ ~ w o o E ° N c ` N F mm`" °~0~v u~v~ y ~ m n o ~ ~ . ° c' c o m ,o °~m~ ' o~ o o N o ° c ' m m cri~ m o m d o ~ - n i m d Ea-° af9E a c c m `mo % ~N ~~'E'~no ~ a>> ' ° y ° ~° n o - U m m ° ~nm O n~ > m ~ E ~~NOm a im ° ' '° ~ L !? ~ ° ~.. c ~ o~ n o o m ~ ~ amcw y- oEF c o. ~ N~ p ' r .o _ UOL~~ h ° ° i m o o ~`y ° v v o d i c w .- m o u, E o x mY-_ ~ m E ~n~ ~ E v °am ~~ ~ m c ' o ww ~ a~i ~ m~ E3~ ~ ~ ~d N ~ ~ N w 0 r 5 ~ E ~ ~ N ~ c : o c U ~° (6 ~ u) ~ O L 41 O N N N U N y C N N N O N ' ~ N (0 a m U t9 f9 N ~ w ~ N N .D N N C ~ (0 N>> (0 ~ O O Q o U O w 0 a~~EmU~a ° ~ ~ Ea ~ m.- o a V! a ~ L L N w~o°~E> °- w (0 ~ ° ~ ~ . m ~ . - o ~ ~ ~~ E ~ U G > o E U °' ~ O' T` N m U N~ N O C O` .a N N N ' ~ >~om ~ c~ O ° N v E >- 0 P ?' x m m~ m~ ~O c O ' ~ a-ovd' U S ° a 3 N w N U c 'O ~~ ~~ ~ N ~ w d C m U U ° j E .. 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J U O m ~ d O- ~ N O U m W O E C U O m c 0 -O_ ~ J C N C N p m L J _m C m m ~EtE` ° -mom m~ N° ~ ~mmn.~ E ~'~~ N ~ c ~ N m m ,~ m`"~~- '~ am ~ m inT~Ea g ~ YNO m m 3 ~ ~ a~~~ °m ~o'~ ~d3 ocm°~ ma ~ ~ N~ m iri ~ .L w E . m m ° E o '3 m m o t ~ m E ~ ~f . o ~ o 'm c m - ~ o T~ o . c m d a- m N o_ N O m ~~ ~ m n m W m~ ~~ ~ N m J N C ~ N c 4. ~ O my r ~ L °~U m Nm~ mm3 L U O O) L m~ S oi i ~ m C fq g o'o Y N C c ~ E L U o m ~ ~' o o N E o= '° ~ ~ i N m o~ 'Z ~ m J m '~ E ~ '~ m 'o` ~ m ~- o~` > n ~ 3~'? m m~~ oim` '~ > rnO1w m aL o m E o o ~ m m ' ~ t m N m a c c` m m ° N~ c -mr $ o _ ~ c ~ - o 3 o E m c~F w o_ m N °' o E o m a vi m -J o.~ X ~ 0 3 0 c 0 -m'. ~° ~p N m U O. ~' m m ~ l0 N Z 'O N D c e m m N ~~ m J m .. "' ~~ L C L C m ~ (0 J` ~~ m > 3 r c m _ ._ o m `m o~ rJ N c L L m ° axi ~. ;~ U ~ 3 w N N °~ ° o . . . mc ~ ~ a m oN~ - v ~~ c ~ ~~'3'.3> 3 m N mv, -o 3~ w _ ~a $m O C L O. O . r m Z C . 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N N J a~ d o J N d 2 S ~ m J m a~ c ocn ao~o LLo~o aom aoww ' ~ m _LO m vi ~ N a E vi ~p ~' o c N N a 'n m ~ . .3 NL ~~ ~ m o ~ ~~ - m Eo o m 3 ~~ 3 N O O L N m ~ E ~ (0 d ~ N N d' N O ~ L ~` N N T (p v 1 O." ~ > C C (0 -O ~ N ~J :.+ U J N ~ EA '~ a J N E _ C ~~~N~'gF m Ea E m vi m c ~'~ -o°QJaNi v f° W N ~~o-m'o ~ i. c C U .C U~ N C N Ui d (0 O 'O L O 'O ~ Ul N O N ~~ N U U N C rn ~ N ~ c o w o 0 o m.~ N E o ~ o ~ N ._~ ° o c c ~ o N m.~ .a a ~o.;J ~ o ~N.pcm~m?y O La o m ~, U v N l9 ~ N °~m C o-o_~.°>FNC N U J ~- °-o a w N U O N C jp C L. C N O O C ~' O N J U U ~ > ..~ ~ Qj 'p U C R C N Y N T N L C~ O S L N -O ~ O] ~ _ L E "~ C1 O N f~ N O . Q C ~ 3 . U ::. O L '. 0- N U N C U~ U~ d CL _ .. N O LL' N > ~ V ~ ~ Z O> C~ C (d O ~ ~ p ~ 0 O d N U N ~ . 'O ~ .. T .~ L C '~ i l9 N U N N 'O N N Oma~ 0' °~ N d > O "'m o c°ic~ ~ oc U X f0 s ~°'~ Z~~om ~ o~ ~ ~ ~ ON 01 >~ +-. p NN~o E EE ° o N A a~.m E ao m E ~ w - o~ .w3mo~~m ~ '`m~ m a : o ico~c N 'D Ol c O~ ~ N ~ L •~ U .°.~ N > ~ ` N N L ~ ~ 0 ~ N C >. U Cn U L i U (~ ~ N ~ ~ j E . m` c m a~ o ~ ~w N c o a~ m ~ d t to c ° c3 ° o~ T ~ a~ o ' ` ~ ° ~ E rn . .. E ° . om ~ >, w -~ J m ° J o vi ~ o LL o f ~ o_~ ~n ~ w J 3 N c i m _°am m ~ N E O3co~ J N '- 0 - o~~u i U N C C N O w ~ .-. lD 0 N` N N C N p O : C U g a ~ n~.a vw~•o ~.° ,C ~ w w 3 E m° ~ ~ oa a.mn w o yL ~'~ o c 2" aoi~ ~ ~ ~ o o~~ ~~ m O ` C ` J U ? L j U N ~ N "' O O N F C J O. U~ T.~ O (n C LL w C l N N fn E N ~ m (UO C O 1 a'O ~ O L ~' O~~ U ~O N O w O. ~ N ~ C A N O ~ 01 m~ C~ N~ N' C C U C N N C G 3 C O ' O.'~ C O U 'C o ° E= U C ~ C ~ L N C O ._. 01 o N~ U N- . C C U N .` w J ~ $, c o m ~~ o~ o a~ m 3 0~ m > ~ ~ ~ a~ ~ _rnm ° m c m~ 3~ on m r ~ ~ m~ ~ • ~ N~ l9 C w U D¢ o G E w N y e ' L ~ N d p ~~ C O Z O (O ~ U (0 F~ N w C D. 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C .J > N U 0I C O ~ p X O 0.3 ~' oN ~° ¢~ ~ `°'m a2 J~o ' a~ ' NNNO ~ N oo mo .na~Dc ~ m N o c p>.N ~ > I Orn ? u~ m ~~~ ~o UE EU T~Nm~Nv G •D E N d 7~ N E~ O O C i C o e ' e e e a m • e e e • ~ C~ O~ N U. . (p n Ni T . U O > = U N d O ~ O L O N C 1-' U~ U (0 C U "O N C N 11 O~ (UO ~ N (n O O p U U N U C ~ ~ ~ ~ GI C •E y 'O V J "O I-. O ,Jp .. N O .O .J N O J .O ~ E ` 9 o E ~E `o o d m a d a~0i oa _ d m a m o '. m` Z r N c+~ ~ ~ ~ C` O'' O: Ef o _ __. U ~ T U U Ol.1 c C C C C N:.C fn O N N C Q N N ~y ~y C...O r_ C W c0 w C C O ~ ~ C d~ C~ C ° w, N N E N = N_ '~ O1E°'~E° (~ l0 l9 Ua f9 a O UI E N ~ m°~ o~ o S Ec m ~ ~ N N EO_ E c C N~ N U 'C O o ~- l6 ' ~ O~ c p G ~p C ~p C o~ L .. ~ ~ .C U .C O U .- N C C O . ~' O ~ d N N > C °. C B O. O ~01 C (0 m m ~ C O C a .o a> Z 0~ m m d o o ' ° c d 0 a ww aa u. O= LL aooinaoa _~ c . 'c m ~ `- ~ ~ °- ti 3 aim Nm ~ 19 0~ ~ o' o. m w o. 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N N 2 a N > ~ (0 > O N N f0 ~0 N N L O N p -\O ~ (0 N ° ~ EIv m ~ ~ ~ m o` Z c'- ~ w a c ~ ~ c o N mU o ~° ° av ~ o o EU N o m° 'v o m ~~ o i c a~ d~ ~a 0 Nam c ~ .o ya; ~Ewo~ p~~ NoL ~o~mo `o o oowfOaNia>io ~v~U~E ~mN - c n °~ ° m E~o EvmU~c .c f/1 p C 41 Q N w p !q N " N L . C ~_ ~ O d N > O ` o-mm . U d d O O O o. Noaca~ 3 0 0 ~ ~ omf0p~ C C mmc ~ ~ O y O C~ ° Ec'~pmo aO: m L E ~ C E O ~ ° > y E ~L >'~' ° ~ ai.~ ° ~ ~o- o io ~~ > cLiL . ~ aci ~ o. ° ` a > ~~ m - .N o °~ o ~ ~~ o ~ m m~= m EL E mv._ ~ , mL '0 '= d N C D c ~ > C~ '41 p d N N p N O N O C T U r d N~ L C~ - O 0 ,~„ O O V C j 0 3 q 0 0~ N m >~ ` ~ c ~ "' C p ~ p 'c O; °~ D o E ~' mLO L L ~~ p° "U N N N . ~a` o 0~ 0 U m C N f0 f0. c_ . " , mw~ . .cin° a w ~3 E ~ ~ ~ T ~ ~ - E ~O N oc~ ? o >,~am~ Q i L a ~~'° ` acv; oEcc~a i u i m'~O °~ ~ a~ o m c ~ o °c ~ ° o d o E L L ~~ ~ °~ ~ m N 3 ~- C O N O` J d ~ y m ~ ~ O N N O _ a~ L S O m a -' L N?- F N(nQ Q OU OL G a O .C UL E_ ~ ~-o o HoQ Y. O U m L N >~ ~ >. 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N V m ..+'C O N ~ C ' C °~ ~ ~m~ Emm . ~m Nmm ~ o Eo~Uaim Yo,~ ~ m c mc~o m E o ac m ~ ~ ~ca `o» m`o-_ p. o _-o Lm ~ a~^~N? ac m~ m ~ o ~ m o m° ~~ c m N rn 3 o ~ c C O~ p rmn m~~~ c m w a ~~°m N~rmo a i ~Er o~'~o~~~~y rmm T m ` ~ m~~o $a iow~ i ~-aa c3a~~ o~~u>°- mo ~ m t O U I C O N m m a ~ U ._ m m m L U O ~ C r m. L~~~ G N O O C '.S ~~ (`0 N !q Cl ~ w ~ C W C O O '"-' m m U m y C N N m ~~ L m~ N~ (a °~ N U ~O N C 'N C~ ~ N dmm oc~0io_fl-~ ' ~~cm a~oa`o~aNim~o > cmia~oN .D d N " ` N E C C p .J N "~ m U U m O-'D ~ m 'C ~ N~ m ~ oo o Ew ~~ E ~T ~ . . m j m 0) >` ~E.oo C c~m o°=am m m 0 '~ 'y N mo~c m O O N C C Cl j m m + . Ol OL-' C (~ C t=p m~ c m a7 ~~ 0>~ O d d m f0 O l C .'C.r C O _ c m ~ j ~ c L r o a aci m E~ L~~~~ c ~ a m ~ ~Y y L m m.m~ w v,-° E.p ~ m `~ U mY N~ c m E c ~ ' m ~ °. ~°o o3o w,c c a i`0 o r .3o EEmo~ 3 mc'~« m~~ m _ ~ m m C U N a7 N m~ (0 C~ U m_~ C U N ~ N m d m ---. O ~ m ~ ~ N N . ~e .O N C r ~ m O) ~ L ' D .L • ° O ~ m o m O cv o.3 ~ o~ 3 or O N ~ m a~-a ~ o o~ ~ a~ ~ o 0-3 °r~ o ~o~ a? cma-o0 3a>i.~ ~o°. OdCOOC_mm ~a~N , m.D~~ ood~?o op'- m~wmomm.aa_'`"g. o~~`° U ~a m U E L ~~ 'C C~ C °- L d O U O" U~ 'C `0 E U m C >. c m o m m. ~ w > ° m m. a a7 m ~a E a~ L m C T m 3 m ~ ° m~ a > m •o cnv¢~ o. > oo¢mm °~o .c w m m -o c o. °I-mNO.3tnv¢~o~ > o¢NL U " o-m~y o~ L O m 0.-- > m L U a _ s m . H ~ ~ m m (Q C .L-. m CA C4 >. O dL O. ,m s ~€ ~ ~ N O ~ N,. o ~ ~ ~ m ~ O m 1] O. a o m aw c"" m 0 ~ Z N u 0 0 E u N U Y z 4 a Q U O O S ~-TTC0-IMENT 12 ®RAFT MITIGATI®N MONITORING PROGRAM FOR THE ANAFIEIM RESORT ~ is _C ,^, " _C ~^. ~ cJ c3 L fO v ~' G C o cCi N in ~.. t.. v. i J T C. ._"'. ~ r~rn O .~ W p °' E c° gy ~o ~~v~~ p~ ~ o.E.-o .. p-° ' ' c, -°a"io .~ b ti N~ L .... c~ p a ~ O C o U O G u W r 'O .~, a o m D b c p o U U 0 .~ ro~ ° w G O b U O ° ;~ .. y ~ t O U . , C . , .~ v. U C~ N b C~~ '~ [tl O r b > U .. ~ .O U C W- U C v .. .~ ~ .^- v~ N O O C. . Cu U 4J ~ (/~ F ~ CJ N ~ U i 'D y ~ ~--~ c ~ W~^ w „ ^ c c ^~ '~ ~ p ~ Q id ~ ''~ U U U O 4. ~in i U o G -U• v ~ ' N , .. w ' O O ~ '9 O . U . . o, a U v ~ "~ Q U T G N ~~ U N ~ .U. D, G W U~ ~ O cCO Q ~ w « ~ ~ ~ ~ ~ y ° " ° 'y ^ '^ o ~ c C L Q/i 4" _ . O 3 N p 'C _ :i ~ C ~ c~ N .U O F F V G ~ W 0. . W7 V U > G N~ ~ y 0 y L N~ . W N .~ .. ry ~n N '~" . c c ~ ° ' 0. ~ ' ' m~ Y ` y .o 'ayi c G v L o Q ~ ~ ~ c ° ^ c ., w ^ y vUi W nCj T O W ~ 7 W U o ri .. G °- _'' . Y 3 o F o co d U Q v a°i A (A ~ v L Q ~ ~ ~ ~ O O 'C ~ C v w ~ ' '. ~ z0 ~ ^ cf G U ~ ,s ~ U"~ y N ~b 0 owv c O Q ~ c ~ ~ o O F r ` N w ~ N G' C U U ..N. U c3 YO _L L p G T' ~ W " C i c r r :._ --, c~ O C - 4, W C . n O Q~ ~ o a m~ q o~~ v F ~ .~ o„ c c aCi ° x Z C -0 Q h e O ~ ?~ U ' G W O r U L i .r ° _ = ~ ~ ~ .. y . > L LJ .V = N _ U c Y ~ s .+ ~ ~ W o C F U pp .r s 'C O r"'j C y U tU. c C 4, ~ ~ '~'' O b •-' "" C F a ~ ._ L~ L F C y G ~ C .W O ~ ' O O ~' G cCtl G .b "' ~ U P..fn p .. U N C O R U C .a ~ W p ~ rJ O U ~ y W F G• ' ~" itl C ~7 > G o y, ti F c U n••F ~ 3 ~ ca .d ~ F ~ .°~. ~ w a~ c'L ~0. _ ~ ~ , v v, ++ ~ G 5 °' p ~ [-~ °~d n v G ~a G•v F ~ °~ 027 °"a cye c p a i . . W w L H O C 6' U C C OL C C G R cJ N LT .N W '+'-, F. ~ G z ^ °' c ° ' ai o f .- . . ~- c m~ m b' C° N J ~ • • ~ ' A U C h y ~. O ' O Q .. W. ? w " . ~ O ~ ~-' > O + Fs L ~ C r ~ , ~ . ~ P.~ O ' m U y , .. o ' w O . F o our °,o °' 8.3 c y ° ~ o ~ ~ .~' v ~" ~ ° ~ Q ~ G ~~~ ~~ U ~~ ~ .D O ~ c1 C C C C F q .~ ~ O C O ~ L Q •~ '• p •U w Q U ` ' «p 0 G LL O . y itl .b G4 ~ c o w F n a C ^J ~ o °' C : S ' y ~~ E a cu °ti' U p s. , c w H~ v 3 0 ~ °" v E' c o '~ ,c o ~'~' au o v ° `° e 0 cJ °' ~ E > ~ U N a •'-°:~°s i .o •~ O a C "°~. C a i ~ ~L" C ~ ' O "~ F3o °' ~ ooh '~ W ~ U y d ~~ Q b .~ ~ ,G w C ~"" ~ R N U F •O ~ !" c c .`d. ~ m y o n ... c T .^ ~ ~ ~ m .. v E~~ ~' O w L C y T 'r .C C C W m G U C E s C 4. N w O C w W C J _ O : ~ 3 K O v i.. L o ° e u ^ co S o~. G c a .. c° ~ c •c U a o w F a. c ~:. y' . CC -0 3 cC O E s c 3 X W y° . a N € z F" -- ni `~ v vi ~ T ~, G O 0.::.'. E 0 U O) U C °~ 01 U C O) U C 0 C C `,G O C C C tG O C tG O : ' W ~ C'- C ~ Ul °l C 0. C N N 01 C O Q C C N E ~ Ol C °- C N N V N °) C O- C N N ;ao;: mE~' wELC wE ~g wEmc~ wEmc N~ 'C ' U m 'C O o U N r U ¢ N U in ~ O C ' U m 'C O ' N Q' C N C C 0.C ` N F- 'N .O 0.~~- _ ~ Y N N' d 0.> Z TU. ~ ~ N I- L 0.0 .. O Y f0 F y .O O_-O. Boa n ~o mo a~oorn'UO ado mo¢ ado m U C m C L ~ N w C O C .. _ N C c0 N` 0. ° O p N O "' N .3 L ° p~ o ~ C d N 0. m U E°° o N N N Z _N L ~° O d 0.:C m C C O- ~ ~ L c '~mw'a~ ac~~OT r -m Lmo ao m c~ N ' ~ _ to c E ~° o N r m c i a i moo m ~L _ a N O C T N O r ° °- ~ O 0 > m ' C O .o L o w ~ ~~ N a o . . m 'n N ~O C U G f9 ld L C N D N L C F- C o ° ° °:° m~ m ° aU c ° N -° E ` ~ g ~~>,m mo cv°i ~ o'~~ ~ ? o ~ c 3 ~ - o ~ ~ ~ o m ~ ~ C O m ° ~ d ~ ~ v m-o E ~ ~ 4l "~ ~ N N ~ ~ N w O° N N Z 3~ " ~~ ~ ~~~3E ~ a m4 af0i o aEi mm o'- m Tom o~ c m ~ m ~ ~ ~ ~ E > ~ >.~ > E -O' -~ m u~cEm C ~a~amc O L N DoE '- o ~ ._ C O~ ¢ 3m C N « . 3~N'C E C Q 3Em , C N ~ a~ ° C~ N L ° j C~ N ° N L a ~ ~ 'C ~ vi .~ r N F c °~ 'C p ~ m E p ~ N O O an ~ N O C O C o_d E- dg o m N ~- C o-~ m i o c o c E. off. o a L C L O N N Z C C~ ~ ~ N (/~ L 3 l9 t N C f ll O) C C L°¢ N U J Z O O m U D J W O~ U N '. 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NEE ~a~m o.n ° N ~ m Eoa m° m pm. m p c Z` ~ c n m N °' m c y ~ m oL m ~ a ~ ~ ~ E E ~ ~ i a a i E E o~ m ° - n ~a~y Eta ~ a a v E°'m o~ D~ ~ ~ ~m E- o ~ p N m a ,~ o o c ' o p c m v, o ... c ~ ~ ' ~ >,m pmo ~ = a~~~ E m c ~ Nm ° mgo >,mm may mrn ~ c _ccmm o00 ao3 m F~N~ ~°'` r cm p w -°EO1 0~ °o`~cinv, Emo o~d m o m a. m al-~ " ~OOO aci~nm aNi m m~ m mf0m E? c w o m~wm• mm> ~°.~m E~~E -> ~ ma p u ~'~ °'o >mom> ~° "- m c o d p a ~~p a~ m > or~o > ~ ~~ m~ 3 m~~'-p m .o c rnm o N ~~ ` °' m F' m E C >. ~ _ m U N O> N m O C .~.., ~ ~ ~ C m m o ~~ o ~ ,E m ~ ~ a~ p ~ N c vi m o E n. m aNi 4 E a ~ m ~ y a~ ~ ~ ~ gc~ -°~ 'm m ~ oc ~ E > S>, E°o"-~ `-=cap r ~ N L - ° ~~~ a:.m~ °m> E ~ o i o 3 ~E o°m - pE ~o.aE E o_mmo- -m Evi ~ nm ~ ~n pm a~~ o ~m ~o ~~O ` °d °o O1E O~ ot ° m ~~ ~oF=oE oa a NUi w' ~o m m cm ~ a o ~ .~ c Q a~ Q'o cn~om ~ ~U o ~ ~ n ~~~ m c ~ ~ U ' E N C ~ c u mN E °~>.~ Eaci m mv ~>, a2i.mn ° o~~ m~ ' o~o~m o~oa i _ °~ U~ ~ ~ ~Z r .c ~~ i m a ~ c m F o t~ N m a~ ° o m i d ~ ~ ~ N~~ o ' r r. m~°~~Z pm°-m n w'o~ • p ~pc n ~ iv ._ y°o° °r n m. ~m~ ~ d ma~ ~~ ~ ._ Q` W m N O ` N U m = 0 0 c p~ ~ N C~ C~ 'O > w L C m 0 ~p ` N N «, ~ O U N d O w = ` ~ ~- ~ O1ao O '_ U`o C d Q N ON N ~~33 m >E m ~ t=OnS N L ~ mtnno .ccc10c' i 0 pEm . = E . o c~ wUoom t I-°O~a a ti Qw° m a ci -o ai c { o U ~ ~ C N ~ U y C D) C N C m m O U ~ '-° ~ d .~ ~ 5 o rn m U C H ^ c y~ c 01 ~ C O1 O c . p O) C '~ ~ C O c O ° c c a an°iOO o fi ` ; r. m ~~ ~. ~.: Z.. ' r> +i r~ i . c r C 0.,'. r: . ~ E' o :. . _ ... _.. U ,: o; ~' m` . a r s~ ~- : .N o( G ~C! O O n~ 4l N r tq C O N W N O ~ Y f/1 C ~ N_ O -O N > ` O _ ° mc> i '~ G~ ~~ O EE r-. j boo ~~m . Q o N m O - o-.no >p _ ~ ~ U~ >~'~ _ ~ -'O N V n 3 L ~ ° ~ n o ~ ~- C U _ O U ~p O O O ~> ~ U C' f0 ~ . c . C . + U c N L C ~ " C ~ > . 3 D 0 U7 _ Vl ~ > C O > O l0 O 19 C ~ N . L ~ m C ° ° Ul •^ C fA ° ' N + m oovio ic~ oa ~°o o L E~ °-~ ~ • s ~~, c a v -oo e oo~°- QEoo~ _ ~co. tomn o~ > Ho3 o `m O~awi ~o O N~ E o~ E o c m E 3 ao o aL >~ u N m o ~ o~ m o . Q E ~ m o > w o m- ~ c m d m o m m ~° vi oa m a m o O . m m c c ~°'rn° oop Fc°' om.~ai Em ~ E ~ °°E 'm o imui °a ' > ` E o~v, ct > a° m °-c m > ~ ~ ~ nN ° N E o c~ °' o- i m o a d d ~~ n-o N'S ¢~ mo . c c o E ~ -~ m Yr E o~N r m x o a~ ~ E w - ~L p rn m a rn aL ° ~ ° . `~L a~ ° E c m t mm ~ E . a ~ .o ? 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' ' E c° E a~ U N ~ y 1 (0 I ~ O~ C N -O ~ ' L - ~ N 'y "p V Y [0 N ` j C> ado ~o ~ W aom p 7 !L~ cnao N? w a O N oo oa~~ N N C orn ~ C N~ N O .tA y C T N ~ L 3 ~ 'D N O ~ N O E ~ °- ~ y d O 'm N 3 O ~ ~ w ~ ~ O > X- 7 ~ ° v ~ v ~ ~ ~ n ° c v- ~ c o m ° m c m o m. ~ C O N ~ N U ;_ N O ... ~~ O C L N O N > ~ ~O y L> O" «. ~ m N - N U .N N N C ~ EL m ui c i o_E a N m y~ ~ ~ o E o u o~ c'O c m °~ o d " j>° ' ~mo a= ~ ~ ~ ~ `or o-mm 'S.m ~0o 'on °c ~n o m E a~ v m U. E d S L 3 r ~ m o ~ N ~ m r ~ °- .° m o> > >, ° n. ~ a. a .n ~ a o~ _ o N N E C 7 m f- C W c U N O N .O O C m Ul ~ N O „ >i -O O O N o .° ' m ` E ~'m' m_o Oy ~N'. N U c o~ > N o m N ° ~. o o a i ' io~t a icy a oom~ ' m n. oa`~i o~u,~yc >:~n a~~o ~ E°o mr ~ m~ w . EL 3vEc°a~ m~ m.37~~ ~ a- o ~~ w~ c m a ~°1yv oc Ni o E m ° ~ ~o o ' ~~ . n o o ° m c0 L ~ m c ° a i cL y s ~ 3 ` ~ v v ~j ~'v ~ o 3~° ~ a i m - a i m Nw m~ N E w° m 3 o 0 m o. mom a~ m~ _ •o L aw l9 L _ c r C (0 "O N CO ' t~ 0 'N 'O ' L E y N~ d N 0 . 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" c c ' o 'c o ~ - m m ~ ~E n ~~n~ -~ .n a2 E `o ~a~°v~ aorn¢¢ m Y "° t c d y ~ a~ ~ ~ c ~°:J _ m 'o o c ~ m ~ m , o L U c ~_ ~ E C~ c~ ' r C N ~ m w y O ._ N O ' ° (0 N C N ~ o ° ~ o o > ~ ~ ~ N c ~ c ~ ° Y ~ ~ o O o. a m > mo~` o>o..o o~ ~~-o~ E °'vEo- E~ n o`" -o o o cm~Ea~ ~O m~ ~N~r ~ o ~° ' ~ - m ~ v i ~ ~ ~ ° °cmm c U ° ~ ~ E ° 3 Ey~E~o~ _EN' cco.Em ._a~co. ~o m~0 >~O ~ m > ~ m °m~°~°m2 ` -- ' ~'Y~ ~ ma~ ~>m E~~° ~ w •_ ~ ~ m~ o~om m `~ o~m>>,°mc m`moa v~cNOt 'to~a Di m~ ~ oa moo ° o ~ ~ o o~° o T~ U L o~ ~~ m E m Q a o? ~~ E~ m~ c m ~ E o. °Ec°i3"m_o ~acioo ~~c=~°~ °'E°~ E~ a°io .o .o =tea ~ m c .m tG c~ o_ ~ N .a .~ m ~ ~° ~ m m n °: ~ a °~ a ii ~0 2 L o >. S O O N .O C C C ~ C 3 O N C C N O N C N ' U L OI U Z >' p L L E (Q N O Vl .-. ~ O ~ j N N ~ N ~ N N m ° ~ mQ ~ ~ `o~°'° i ~ a c p 3 n,y m ~ c N `° ~" E da a~ a~ ~ U N ~ W O O . N , N 'O U ~ O N~ O 3 W C O O d O ~. _ O_ L d ~O O. C > d O. j ° 'O C U_ O j L T O rA :_ .... > ~ L C C O ~0 .:.. ~ L d N O . C N~ ~ O ~ y ' ~ ~ d N Q~ 4: m m ~UQ mF-o v o °~ o o a~ Eui me m at ~ m m o c ~ a`~c > >, ~ ° ° o E'° a~ E E~ m ° m E ~' mo . or !~ ~~ ~ ~ c ° ' o ° o °' E-o m ~~ °= m~ n ~- m ~ Z U ~ > c N ~~ N o o c u m~'a~ ~m°m ~ o LL Y ~vaooo E~ >.~~ > ' 'o o ~ L L mr 0 0 ~ y ~o T m~ a ~ E~~ o 3 ~ o ~ a~ E a °d c v rn~° 3 o f ~~ a ~ o ~~ Im o ,e arc>m°o d~~ _ m~ >-om ~m~o ~a~Oi o~'n om o-~o Ems ` cam.o~'orn °.c~r~n y~~~~~ c~~.C oid ~~ 2~ ai5.~ ! C C ( G O `O 'C N .a ~.'O ' c ~ ~ 3 ~ O~ C .O N l O N E O_ OI LL C O) C C N O) C ~ O- .Q U G C A N O 0 3~ >~ a o. c a N B >+ C _= 9 C >~ G~ -O T C CO O O •~ ~~ . E 'N . C. y "o° ~ o `o~ ms ~ o ~ rn° E ~~ ~ ~° m a~ m a~'> axi ~ axi °'~ axi > ~~' °' axi . O m ~ C » C m O ~Or O ~ lO (Oa ~ N ~w- din ~y L C d'~ N ~N ~ O E N~O w Nj C N D ~N N ` O ~' N NL V L> I-Q U dL O.I-U G LO F__U NL NL V H UH D_ L D)::. O N Q~ ` O. N .'.' N _ C O O L D N L N '_' L U .- ., H m S oa c~ ;~ ~ 0 3 n. ° o w n~ c I- m ~ 3 ~ cd .a ci ~o ai m U C f0 ~' > ~ O N i n ~ N .•" L LL w E °' L o d ~ c .E o. > m m..: F ~ a oo` Q y~j~-ii m O > m c ~ ' o ~ _o ~ O .L] ~ - U a`rn' om0 o ~ :. a~ N.L. N N . m m> E cD s m ~ g~z ~ ~ C O m7 d`' E O Ui ~ O ~ ~ C m 01 r O)' p~ C f0 LL G O ~ N ~ .. ~ ~ CO - - N ~ C ~ . N ~ C G.: = m `0 m G m o O C G N o,o ~ ~ E~ w E U C ~'E W E c ~ ~ ~ U m .n a Z E C [0 ~ c o.- V Y f0 y .n n'- omm-om dO(OQO mm> d~f~ >Om2 d~i~^ 7 ~ ~ L ~ d L m ~ ~~ OI c l9 ~~ d ~on c ~ mm ~ -omEic om°° .oN ~ - ~ om ~ 3 o o N~o > m Q ~ ~ ~ O m ~. m Ol ~ (0 °~ m ° N~ p_o 0 C c m~ ' ~~ ~ w p> ~ m ~ C N m f O~ O m O) ~ d `~ C C 'D ~ ~> ' ~ m ~ m U p ~ m m~ m y ~ f ~ ~ . n O T ~r O V~ m p E m y ~ d> N LI' ~ ~> L ` m L m N :n C. m ~ L m W m r m rn L . o r m ~ ~ m~ . 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N y. ci ca m"mo a i~m- o ~ c i o c m ~m c o ~ o o _ m n O o m> - ~"~- N -w mo E>•~y-- - ~ O ° m ~ ~ ~ mU a c 3 o'mv ~ m~ 'c ~ ~ c m Oi mENLL rm ~~N Nm ~>~ BE ` ~ `~~ a >~ °'= `o~ 'o - -mm -cm`~mc ' ..m ~ d c c mc a-O' m`m rn m~ mE _ ~ c °~ ~ c ° _ .E ~ o n N m ' o '- m~ ~ >. ~ 3 S 0~ ' a m o -o ~ fO L- m L m T 3 m L m m o N ll ? m lU ~L O w y c 01 ~ o 7 =~ y N L = N .n~~ cc (0 'Smrn > mE .. ~ oc ' ~ mar > m X ~ m ~ mW . c m'v°m o "O N m ~ m v> a i m m 'O .T. c ~ in c C W m y m m ` ~ ` OI o c V ~~ a i w o L E m w ~ i m m Q ~'~ a~rnU ~ a~ m ~ o a ~ ~ c' ~ ~ ~ nE~ w ro c ~ a . mm E o c rn m a m >' m O1 ° m °~ 3 U 3 c B o'o- c ~O m mom 3 0 -L ~ tn ~i ~ ' m . m OL m m nL m m m .X m ..~ _ nuly E~ Q ~0.~ ~'~ Tom 3 E >'~ ~Tm .o m m m c ~~v E Y ~.C ~ m m° ~~ m m ° m m r m m ~ , ~n ~ mo a i a - - U m o o m a E F ~ ~ E N a i 'o -o `o ntq " n- m ~ 3 m c a ~ m L C L O n .~ o E? m m ,C m . m N .. _ ~ O y N ~> '-~ N L U m LL y Q O H w d N L ~ 4.m--• !A C m m ~ O~ n y 3 O.O i`~ °~~m~a ` 3yani m'oN mmm-° ma .~ o~ ZQ~~tn~m Q3~ ~~~ w Fdoa ~~ cu W ~ m U N N w ~ C ` LL y m U W W F m'~~O c O O J 0 0 ~~ ~ m m ~ mnm> . mE mE p o~o`s j m m a w m o Z 4 ac m:c m '° - Q N~~ m o c m o c m w m o->~,j . ° ` ° ` U ~ E ` - g ` ' g ` ' ~ ~ ` g i a a m a m a n o ii w c ~ o '~ U ^•N m S] N M ~7 ..1 m m' E co co co p~ r w.m.~ ~: ~ z ai ~ v of m ~ ~ rn ri m ri - ri C 0 . ~ a;:, E 0 c m o; N ~ C .N ~ N _,p ._ O D .N. 0'.. . 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O U N ~ N~~ d' ~ N d ~ N N 01 ~ N E C U 3 N d w C ~ .t. d C L ~ N "' • ` O N N w N ~ E O. ` C ~ ~ E a N C O m E p m~ ~ >. ~ w ~ `m ~° op >,N' m~ °'.np ss Er r in in ~ 'p ~EoNEcmo ~ o d~ cLL z a ~ c w t 'x ~ d ~~~ mL c a d m~ m o 3 N~ p m a m 3a cL °~ oL d ~ m p r y m ~ d ~ '~ ~ d Ol >~ ` r ~ ~ a~ p« O d..+ "J (0 (O ~ .U N N O] t9 N D_ U H o N N (0 . T.~. p c i ~ N N C ~ c ~ jp OC`. d >, ~ O o~~oa~a c ~ ~ ~ p ~O ~mm3m~ 3a10i LL 0 ~ ~N ~ o~'•~ i_ ~a iwu~ a a c E ~ ~ m m =~ °' ~ ~ t m~ °~ o;cQ N °"~ 2 my O o ° c N m > o.c `°~ ° E o L > c ~ v mom mpa~~~ >:av,vV=a `~ U m C O N ~ ~ ~o.soEo ~m . O (p > Q ~o_w~N E f ~N E ~ N U a N m C C w N O. 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N > m a~ o ` ~r m m o« .° cr ~ E -OC aci c . o ~ o ~ ~ a~.w o ° a~ ~ o~ E ~ o d~ m E m o ~ we ~ ~ ~ooac~Lm ~° T.n~>'°.m c>,v3m >~ ° ~w~' ° m ~~~°~ EwEoayc~w c °~~'~~ o o ° 0 oE oo ` ~ E ° w m E ~ _ E3 o cviEdo N ~n`m-c o m O Q = ~ ° mma O `01 °C~N ~ °°'CN NN~ ~~~ C~Q CN `>+dC ElOy ~C. o~ uciin-~~~ ~~EmmyEp maci>.~~o °~c m~O.nm`-°NC°~ mm L C ... N~ r ~~ U 3~ E E ; N `- O U N d d N`~ T N y E- C~ O)..-. ~ O. ° E ~ ~~c ~' aciN c ~ _ ~ ~c c~ o ~ ° a>i N V .~ ~ ~~~~ ~ c"- c ono c ~'~~o`r °-o ~~ m~E~°o ~mQ~ oc-o ~ =~c°mm~~om~ 'a~m~'W c-o EU d 'O C 7- N C` ~ O" ~ > (0 C_ ~p ~ !? U N > U d N ~ C - 0°` E O) O C p C U f0 ~ ~ fn ~ (p U c > (0 (0 ~ O ~ ~ o ' = C C Ol ' ~ (0 as E3 ' -°moE~° °o-OC>>m° ~` t~~ °~~na `m~`o_mGaNi~ UQ ~ ay - >3m-EC >`m~O°N°m>. ~ mo°rG >~-° a».a~yEN~ Ew ~ ~ '°E~ ~ ~o ~ m ° m E ~ ~ ° wo°TQ N ~ oU N p ~. o N p 41 . O ~a i~L ` 3 m_ im ~~c a o ~ a i ' ( - O ~ N L y U= d N C l0 3~ O` E N- ~. U L t E d 3 N U C S 0 C N N ~~ c U d b~ U ~ O. C °' G ~ `. ° ~ ~ ~ (0 N U (0 >. o °- C~ O C~ ~ ° .L-. ~ o a~ Eo-~mo E~v ,~Wm~~F ,oa o°U~o°~ ~v `o°->~~2 Q- ~U ~ c d y > O) ~ m $ d U .«>. > N~ o~ ~ o a w 01 w ° o m ao o ~ ~d OI O O !A ~ E L o ~- ~ o u~ ~ te, N °J c~ O - 01 d > ~' L f0 ~ > ~ N d ~ ~ _ (0 ` ~ °' >` N N ~ U ~ y N c O N fn y ~ ~ ~ c ~ Q v~ -°o a ~ Na-o ~ ~ N rn ~ a3 ~ aEim L ° m w. ~ ~ c U N C .C ~ N N N r ,_ ° ° "_' ~ C (` U ° ~ ~ C N E w U C 'o C C m T C w C T L.L.. '~ c C U o .4 '_. ° ~ 4 -. ~ ~`` c p ' U ° °~ ° ~ N C mN ~ ~ ~o a i L a io° N~a ~i ~•°- oEa i iacia a Eo ~u ,~~E ~ . Oy oEa i ' m ' ~ ~ 'C > ~ „" udi v 'C a ~ c N ~ ~ a ~ ~ r a ~ > U > c ~ ° ~ ~ o m a ~ > O > N E d . » . a i ~ i a i a d E m.. r v am y=oo~o~ ... c'Na.~a~ ~ Q~oQpa~oaL Eaa~aE~ w. o F na o L m '- ~' a a~ '~-w o ~ E rnEtA E ° n~ 3 n a ~ E 'i v ~ E L m ° v a`~i o_ d .. _ . n . .. d ai _ m L a ° N f9 F- N N ~ Z LL y U U Q ~ G ~ N E °' F L U I L > .E ... ~ N . 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B L N ~ m E N m m ` ~~ j ~ o .~ ~p o~ 3 o 0~ U ~ ~ r ~ a I ~ `m m 3~ cQrm m~~ ~vi > c~NC ~ ° ° N$c ~°-cm o N ~ ~ . O m 3 N c i - - ~ O 01 .L.. OC '~ oo O ~_ (` ~~ :N m L D U (0 U N N~3mo> L ~ N C lD U c ~ -O- C ~~ 'C C C m~~ X H acio _ m~~ y ~ ~ m _ N cY ~ ~ m.~~mv m.n N . m L.N c'~w v n~ y a° m ~ o vim c m ~a>E cv w°>• ~ o a~~oam-occ T~5.>o~'' r'm ~ ~Em ~ wN~c ~ a°~c L~ v i ocvN °oom3 ma~ acaap,~ mE E ~aNi~° ~=apio ~ ~ m~)'E NL m$ c ~ Nm Emm.°om m m mY c~ ° a.° •~ ~=a N mm m N t~ v) N C a i C m U m N N a a m O~ N~ d 'C m C L m .U - V U~ ~ ~ o m .J ~~ c m~ o ~ C~ E E=m - a,~ c~ ~a m c c mwF °~ y c N m~ c .~ a'c o.° °~ m v_ N 3 ° ` ~ N oI;J m °~ no 3 3 c c a~ o- m m ~'~~ ~ ~ o m:~ Q >, ~ mm m c o m c'. d ~ ~ vj fb O c ~ ~ a I ~i O 'O c0 O O O"'00 'O ~ '00 v m vi N ~ U d• E ~ "O O ~ L m O ~ E a~ m LL V L - 2 2 O n L L L O > y > ~~ N O N L y N C N D/ O C ' O L -O ' N N N N d N » O C 01 N~ N OI "O d C N N N C N d N N > >. c E D' U> E~ x o ~ ~ 3 C p O a) ~ N E ~ N ~ ~w cc `m-p . L Q c o)o ~Q E ~ ~ ° a . N ~ ~ A N c U `mv m a) ~ c ~ m a ° c . mm.N ca ~j3-° O o~ ~~ o~ o ~oH ° rn ~ p + m ~~c i ~- Yom . L , d ~ N O C~ O L V N >` ~ O N OI (0 /a N O N ~ N U~ 0 (0 - 3 O 'O C z O E N O C N p N L O "O C . U~ N N C L 'C .J :p y N~ d N ~ w O. C G ~~ ' .C C ~ N ""' c >. N N ~ ~ N~ Ol C c F-RNE m NN v ~INO3 ' a)' a~$~ o)o)v °- ° mm ~ Em~O E!?. a o- a) ao i ma a i>.~ aN ia~ m`0a v ` ~ U N >, u,~n a~c m ~ >, U °E ~ a~ O ° I-_ a d ~ c 'f0 ~~ ' ~ U S N o m .` o. O. j, 0~~ N E C ' 2 m E ~ d 0~ OIL E U~ ' m ~~ N ~ m ~+-' a ~ .N p r d C m N a ' w t T« N U a) L~ p 0- OL _ a) m E c L G N~ m d 3 p N N N O N L f0 N (0 ~ L N E N L ~ ° E O N p~ N d N F- .r N E m O. I- (0 "O N f~ N N'C.+ C O. N E ^ w N F- "O ~ Q I ~-- - N (0 O_.~ ~ v c 1° .o c L U OI C ld L U O W ~ -p ~ N N W Ol ° m ° N R O .E C ~ .. O m . L m ~ U .J j= C ~ m C U LL m w c _ c' m E d a N 0 N O N E 1 N O~ O~ o p o m o m c `o 'c c c ° ° o d LL d. N ~ O ~. m "O'. ~.!N ;..~, ~ ~. M V ID -' N ~ ° _ _ C 0, ~ d. ~. PC1 E O _ U ` L O S o N m ~ C ~ .N ~ C ~, o N . . a' ~ E No N = ._'~ u°i ~ .V Y N ~ .U Vin 'C ~ v. N ~ ~ ~ ~ > ~ ` N N ._ d~ ~~in O a~oo~' ~ U ~ LO ~ N G~ U 3 C ~ ~p °' . .r ° ~ ~ '? ~ ° W C m m C ~ N m w o w a o?~ O oL E~w ~° c C~ v ~ ~ o ~ N . 'U O N ' w ~~ N (0 N ~ O .° N C d O .L,,, C t .~' O) C C y C r N C N N '~ L O Ul C C O w~ 01 O C~ a~~ O N arm C~ E° 'C N _O c r ~ w ~ ~ O mm N N ~.~3 C L .O .J m m= "O U 'C ~ d d O r C 'O ~r 'o ~ O1 ~ .-'_'w`° ~ o°'ca U °> wr oE° ii~ ~c a a i . C ~ ._ c ~ N N Q.0 ~ 'C y L N a N ~ "- L "O m 'N C > N N « O m o ~ E vac m ` a m L L 3~ ~ aQU m° E . m o m ~~ a d = o ~.~ o m~ `o . w a c y ~ a o c w m e y y; L N ~G L 1] ~' O L N O U N (0 N (0 . .. L O '-C-o >. O1 ~ C c a L d ~ N N ~ o a~ o w u~'o~ p o g o m o~ m o _ ~ W- ~ N .a ~. ~ ._ d ~- O _ N Y~ C ~ = 'D N N N U o~ O o. N m y O ~0 G N OU ~ ~ 3~ n N~ t w U . + ~ (6 O d E >~~O EL a" c m. m o o c :E rnd ~ ~ p m s »v -Omaci ~ ~~~ mf0 °Q~~ ~ ~ao mo~z ~'o~mom ~°E o ov~° ` `-~ mow.° o ow vo'c 'm-omE oOEo~n o m om p° 3 o 'o m~ °_ ° `o c o a~.c.° ~O c o m ~ m o o_ m E moa~c r ~ o m c >c3 m o m E m L c myE v m E m =aoo o E m m ' ' o n a ~ o_~ ~ ~~ w ~ o~ o: o m ~ ~ aa~ m ~ c . mo' aNY ~ ~ Q~ s° o ' o~w awc .c o> H~~m cm °'m m n3 mo~na~ ~ Q~o c ~oE~ a~m3 ~.ncr 'oy amcFc w H U (0 N d U Q N 01 ~ H U (0 (0 U V W W of O O C . ~ ~ ~ y W o = a ~ _ U m a m Q a ¢ a p o ~' o ~' w o m o m ~ a c7 a` c~ J Q =o ~'~ ~ . -tea ~ ~ N = ' W ~ .- N ~. ~ Z V (h M G l O:'. . . ~. ...: ~::. E o_ U '. `o:' i, V- .m .; d c o'.. . . O fA +-~ C o 'c a~ O a ° -~n,. ~.: p/ E m c r c ~ ~ m aom G y C C L ° ` ~ N O lV ~ p ~~ m 0 i ~ p N U N W ~ U N -° 'm C Q -O ~ N ~ C~ 'C (Q O m~ C O~ O C O~ ~~ d 0. 'O O - ~~ 'O O m C L N O U N~ N N- O N N c C ~_ L.. LO .O m N 0 . O O _O O~ p j 0 O w l ~> O~~ d N w (Q C O °' O ~ O C C O.t C O. C p U Ol O N O +_~ O d . . L C . C O ~O m°oa~~ d -° U~,L~ oc o N 0~3 O N 0° ~° -O ~ ° o ~ a ~ 0 0~ E- o ~ m ` ~-` L "O E ~ am ~ O O N ~ p ~ L 3 N .O ~ N C Q'~ ~ ~ ~-°'° 3 ° o m mo ~ m o`T' ~ ~~' ° J O> N O c O Q m y N y W O m~ C X "0 " f0 N O N 0 O N - C c ~ N 'O G L... O d G'~ ~O 'O T N e w m l9 O N O. N t0 d O~ T w~~ L c~ ~~ O U O m N N Y D N y0 N C O . °'~ uo~ °~ 3mm~~n mNm oo° n N T w ~ L ~ C t0 'C m N ~ C p N . > O. O N- °. ~ O m U N m U ' ~ L ~~° ° N m o. 3 ~ - N " C ~ (0 mo c ~ ~ O- O 0 ~~ ~ (p m N v m " w O C E o- o o h N ~~ 0 °L-~o o:~ L o ~ ° °.°-a~o~m ~3c mmE ~ aco~ o~c ~.- `m ~ a`~ w g c m a~ ~ ° a~ ~ Tv~. ~ p a p ~ U N~ d O p~ ^L" N~ 0 0 S O N y ° v °. ~ a E ! O O C Y C C 3 O- ° W n /1 O C C~ f ' ~` d N- ° C O ° m ~ ~ Q~ v E ° Q ~n~ 3 aa~ o. N U O - U N d U "O F- C L U (0 W '.p14.: O _C N E _ ~ ~ ~~ ` ' m ~ d o m C O C ~ am c d ~ ~. o =.~: ' U, ~ N 7 N c LLI ~ ~ Z i O Z r ° n W ~+i ATTACFIMENT 13 DRAFT EIR N®. 330 ® FT REFINEMENTS AND CLARIFICATI®NS DRAFT Refinements and Clarifications EIR No. 330: General Plan and Zoning Code Update Following the distribution of the Draft Environmental Impact Report No. 330 and its review by staff and other interested persons, certain errors or omissions were identified which are listed in this Attachment to the staff report: • Page 1-1, Section 1.1 Introduction, 15` sentence: Add Anaheim after the words "City of." • Page I-13, Table 1.2-1 Summary of Environmental Impacts, Mitigation Measure 5.3-9: The sentence should read, "Prior to issuance of a grading.,." o Page 1-17, Table 1.2-1 Summary of Environmental Impacts, Mitigation Measure 5.6-5: Delete the words "Ensure that", uppercase the "A" in "applicants," and add the word "shall" after "helistop." ® Page 1-18, Table 1.2-1 Summary of Environmental Impacts, Mitigation Measure 5.6-6: Add the words "City staff shall" before the word "review." Lower case the letter "R" in the word "Review." ® Page 1-20, Table 1.2-I Summary of Environmental Impacts, Mitigation Measure 5.11-I: Add the word "to" after "will be required." • Page 1-21, Table 1.2-1 Summary of Environmental Impacts, Mitigation Measure 5.13-1: Correct the font used for the mitigation measure. ® Page 2-3, Section 2.4 Incorporation by Reference, 4°i bullet point: Remove the registered trademark symbol (OO) after "The Anaheim Resort." ® Page 4-3, Section 4.3 Project Characteristics, 3"~ paragraph: Remove the registered trademark symbol (©) after "The Anaheim Resort." g Page 4-11, Table 4.3-1, General Plan Land Use Comparison for Purposes of Environmental Analysis, 5`h bulleted source: Change "Center for Demographic Research (2002) to "California Deparhnent of Finance (January 2002). Page 4-11, Table 4.3-1, General Plan Land Use Comparison for Purposes of Environmental Analysis: Replace table iu document with the following table: .-_ _. TABLE 4.3-1 GENERAL PLAN LAND USE COMPARISON FOR PURPOSES OF ENVIRONMENTAL ANALYSIS 2002 Exlsting land Use Existing General Plan Proposed General Plan Remaining Buildout Potential Sin le Famil Dwellin Units 45,807 49,929 55,463 9,656 Multi Famil Dwellin Units 55;979 76;892 73,697 17,718 Total Dwellin Units 101,786 126,621 129,159 27,373 Po ulation 337,700 418,509 403,773 66,073 Commercial 5 uare Foota a 9,029,400 22,042,977 14,885,342 5,855,942 Office S uare Foola e 7,775,167 6,233,184 15,021,049 7,245,882 Industrial SF 44,467,380 44,030,706 30,614,730 -13,852,650 Total SF 61,271,947 72,306,867 60,521,121 •750,826 Commercial Em to merit 25,829 111,173 95,453 69,624 Office Em to merit 25,567 21,871 58,793 33,226 Industrial Em to merit 121,189 85,594 63,292 -57,897 Other Em to merit 29,793 18,677 33,858 4,065 Total Em to merit 202,378 237,315 251,397 49,018 Notes: • The figures contained herein are based on GIS mapping data prepared as part of the General Plan and Zoning Cade Update. • 2002 existing dwelling unit data arid non-residential square footage provided by the City of Anaheim. • Dwelling unit projections assumes 50-50 split of SF and MFdwelling units in the Low Medium Density, Hillside Low Medium Density, and Hlllside Medium Density categories for the Existing General Plan. • Dwelling unit projections assumes 50.50 split of SF and MFdwelling units in the Low Medium Density and Hillside Low Medium Density categories for the Recommended General Planand Reduced Intensity Alternative. 2002 population source: Center far Demographic Research(2002) • Population projections assume average household size of 3.3 for non-mixed-use designations and 1.5 for mixed-use designation, • 2002 employment data provided by Parsons Bdnckerhoff. Employment is based on existing square footage of employment genemling land uses and traffic trips. • Hotel rooms are inGuded in the Commercial square Footage. • Open space acreage is not shown. ® Page 4-18, Section 4.3.2, Physical Development Under the Proposed General Plan, Intermodal Transportation Center, 2°d paragraph: Delete the word "The" from "The Anaheim Resort." ® Page 4-27, Section 4.3.4, Zoning Code, Sports Entertainment Overlay (SE) Zone, 1'`r sentence: Delete "as defined in Chapter 1.8.92 (Definitions), which" and replace with "and." • Page 4-27, Section 4.3.4, Zoning Code, Sports Entertainment Overlay (SE) Zone, 3`d sentence: Delete ",as set forth in this chapter." ® Page 4-27, Section 4.3.4, Zoning Code, Sports Entertainment Overlay (SE) Zone: Delete the 6d' sentence, "The regulations contained in this chapter shall apply in addition to, and where inconsistent with shalt supersede, any regulation of such underlying zone." ® Page 4-29, Section 4.3.5, Amendment No. 5 to the Anaheim Resort Specific Plan, lst paragraph, I5` sentence: Add "No. 92-2" after "Anaheim Resort Specific Plan." ® Page 4-33, Section 4.3.5, Amendment No. 5 to the Anaheim Resort Specific Plan, 151 paragraph of page, 2°~ and 3`d sentence: Delete the "a" at the end of "No. 0085a." ® Page 4-33, Section 4.3.5, Amendment No. 5 to the Anaheim Resort Specific Plan, 1s1 paragraph of page, last sentence: At the end of the sentence, add "..as Mitigation': Monitoring Program 0085a." ® Page 4-33, Section 4.3.7: Delete 4°i bullet, "Deletion of a segment of Santa Ana Street from the MPAH between Olive and East." • Page 4-35, Figure 4.3-4, Northeast Area Specific Plan Amendment No. 2: Replace map with a same map produced with a higher image quality. ® Page 5-l, Section 5.1.2, Environmental Setting, Visual Character, 2"d to last sentence: Remove the registered trademark symbol (®) after "The Anaheim Resort." • Page 5-2, Section 5.1.2, Environmental Setting, Visual Components, Viewsheds, 15` sentence: Add the word "the" before "Hill and Canyon Areas." a Page 5-3, Section 5.1.2, Environmental Setting, Regulatory and Policy Setting, General Plan, l5` sentence: Add "(ERNE)" after "Environmental Resource and Management Element." • Page 5-7, Section 5.1.4, Analysis of Environmental Impacts, 3`d paragraph, 2°~ to last sentence: Add the word "the" before "Cypress Canyon." ® Page 5-9, Section 5.1.4, Analysis of Environmental Impacts, 4°i paragraph, 3`d and 4th sentences: Replace the sentences with "This change, however, is carefully managed through General Plan policies and a new Platinum Triangle Mixed-Use Overlay Zone, Design Guidelines, and Public Realm Landscape and Identity Program, which .are being prepared to implement The Platinum Triangle Mixed-Use designation and will be considered by the Planning Commission and City Council shortly after adoption of the General Plan and Zoning Code Update." ® Page 5-1Q 151 paragraph, 151 line: Delete the word "redevelopment." ® Page 5-10, 15` paragraph, 3"~ line: Replace the words "directly east of with "adjacent to." ® Page 5-1Q 15` paragraph, last sentence: Delete the last sentence, "West of Harbor Boulevard are existing hotel uses..." ® Page 5-10, 3`d paragraph, 2nd sentence: Delete the comma after the word "regulation." ® Page 5-17, 3rd paragraph, 5`h line: Delete the extra space between the words "various" and "control." ® Page 5-28, 2"d paragraph, 2"d line: Add the word "the" between "implement" and "following." ® Page 5-38, 2"d paragraph, 7`h line: Change the sentence to read as follows, "The following sensitive wildlife species have been observed in the Hill and Canyon Area: San Diego horned lizard,..." • Page 5-43, 7°i paragraph (in the Impact Analysis section), 5'~' line: Add a comma between "sycamore riparian" and "cottonwood-willow riparian." • Page 5-51, 1~` paragraph: Delete the last sentence, "But the sleepy little community..." • .Page 5-52, 7"'paragraph: Delete the word "of' that follows "...in 1970 and listed..." • Page 5-57, 5°a paragraph, 5°' line: Add an apostrophe to "...mountains ridgelne..." • Page 5-69, 1" paragraph, 3rd line: Change "6.0" to "5.8." The sentence should read `...(magnitude 5.8 or more)." • Page 5-80, last paragraph, 2"d line: Change the sentence to read, "...decomposed or dissolved, and are removed from..." • Page 5-82, 3`d paragraph, 2"d sentence: Change the sentence to read "A mitigation program is in place to stabilize..." • Page 5-86, last paragraph, 2"d sentence: Change the "four heliports" to "five heliports." In the next sentence, it should read, "They are two Anaheim Police Department..." • Page 5-87, 2"d paragraph, ls` sentence: Add an "s" to the end of the word "handle." • Page 5-107, 6`~' paragraph, l" sentence: Change the second "the" to the word "also" so the sentence reads, "The Santa Ana .[liver is also Orange County's main river system." • Page 5-123, Table 5.7-4, footnotes: Superscript the "1" in the 3`d line and move the line down to be the last line in the footnotes. The footnotes should read: P-... E - ... I - ... -Access... • Page 5-125, 1" paragraph, 3`d line: Add "City of before "Anaheim." • Page 5-125, 2"d paragraph, 2"d line: Delete the "ly" from the end of the word "potentially." • Page 5-139, ls` paragraph, ls` sentence: Add "Anaheim" after "City of." • Page 5-142, 2"d paragraph 3rd line: Delete, "..., including" and replace with "and includes." In the following sentence, change it to read, "The Mountain Park Specific Plan area is annroximately 3,000 acres..." • Page 5-142 to 5-143, Table 5.8-2: Combine the table into one table and place on one page. • Page 5-144: Add amap/figure to • Page 5-148, 6`~ paragraph, 3`d line • Page 5-149, 4`h paragraph, I" line Program." • Page 5-149, 5°h paragraph, 4`t' line Orange." show the locations of the City's redevelopment areas Change the letter "1" to a number "1" in 1995. Add "(CMP)" after "Congestion Management Add "for the" between "NCCP" and "County of ® Page 5-155, Table 5.8-4, 3`d row, 2"~ column, 9°' line: Add the word "and between "current" and "future." • Page 5-156, Table 5.8-4, 4'~' row, 1S1 column, 3`d to 4°' hne: Add the word "that" between "areas" and "need." • Page 5-156, Table 5.8-4, 7°i row, 2"d column, 2"~ line: Add the letter "n" to "ag especially..." • Page 5-169, 3`d paragraph, ls` line: Add "Federal Highways Administration" before "FHWA" and place parentheses around "FHWA." • Page 5-169 through the remainder of Section 5, page numbers: Add the "5" before the page number. • Page 5-173, 3`d paragraph, 2nd sentence: Add "the" before "Eastern..." • Page 5-177, 3`d paragraph, last sentence: Add "was" between "Mr. Bromley" and "unable." • Page ~-197, ls` paragraph, 2"d line: Delete the word "for" following "2,330 feet,..." • Page 5-197, 5`~' paragraph, 3`d line: Delete the letter "s" at the and of the word "includes." • Page 5-197, 5`~' paragraph, last line: Change the word "above" to "below." • Page 5-205, 1 s' paragraph, 2"d line: Correct the word "Pan" to be "Plan." • Page 5-214, 4`~' paragraph (under Impact Analysis), last sentence: Sentence should read, "The additional units allowed by the proposed project will help meet the City's RHNA goals." • Page 5-235, 4°' paragraph, 3`d line: Change "the Resort Area" to "The Anaheim Resort." • Page 5-235, 5'h paragraph, ls` line: Correct the word "of' between "north" and "Ball." • Page 5-244, 1 s' paragraph, 2nd line: Replace "Ball Road".-with "the Southern California Edison Easement." • Page 5-244, 1" paragraph, 6`h sentence: Add "be" into "... Triangle will be approximately..." • Page 5-248, last paragraph, 1" line: Add "overlay" after "...proposed mixed-use." • Page 5-265, last paragraph (under Impact Analysis), ls` sentence: Change the sentence to read, "...require new development in the City to ensure that two..." • Page 5-269, Section 5.15.2, 1" sentence: Replace the "surface streets" with "local streets." • Page 5-270, 3`d paragraph, 2"d line: Add a number "1" to the end of "SR-9." • Page 5-275, 3`d bullet point: Correct the street widths to read, "It has a typical right-of- way width of 72 feet with no access and 84 feet with access." • Page 5-275, 4°' bullet point: Change "Commuter" to "Collector" and add "to 76" after the number "64." • Page 5-275, 5"' bullet point: Change "Commuter" to "Collector" and correct "42" to "48" and correct "54" to "60." • Page 5-275, Congestion Management, 12°i bulleted intersection: Correct "SR-O1" to "SR-91." • Page 5-275, Congestion Management, 15`x' bulleted intersection: Correct "SR-001" to "SR-91." • Page 5-276, Public Transportation, ls` paragraph: Delete the sentence "There are no transit lines east of SR-55 Freeway to serve the eastern portion of the City." • Page 5-276, Bikeway System, ls` paragraph: Replace "three" with "two." Add the word "and" between "Class 1," and "Class IL" Delete the words ", and Class Ill." Delete the sentence "Class III Bikeways are commonly referred to as bike routes and provide for shared use with pedestrian or motor vehicle traffic." • Page 5-277, Figure 5.15-2: Correct the spelling of "Existing" in the title of the map. • Page 5-279, Figure 5.15-3: Delete "Class III" bikeways from the legend and the map. Add Class II lanes on: o Brookhurst Avenue, between Kateila Avenue and Lincoln Avenue o Euclid Avenue between Katella Avenue and Lincoln Avenue o Anaheim Hills between Nohl Ranch Road and Santa Ana Canyon Road • Page 5-291, 1"paragraph: Correct "Appendix E" to "Appendix H." • Page 5-297, 2"~ paragraph, 4`~' line: Correct "Appendix E" to "Appendix H" • Page 5-297, 3`d paragraph, 151 line: Add the word "future" after the word "following." • Page 5-297, 3`~ paragraph, ]s' bullet point: Replace the words "and interchange with" with the word "o£" • Page 5-297, 3`d paragraph, 3`~ bullet point: Add "and Jamboree expansion" to the end of the sentence. • Page 5-297, 3`~ paragraph: Add two future roadway .additions: o Oak Canyon Road extension to Gypsum Canyon Road o Santa Ana Canyon Road extension to Coal Canyon Road • Page 5-301, ls` paragraph, 5`h line: Delete "to Imperial Highway." • Page 309, 4`h paragraph: Add the following to the updated General Plan Network: o Downsizing of Santa Ana Canyon Road from Weir Canyon Road to Gypsum Canyon Road o Downsizing of Weir Canyon Road to SR-241. • Page 309, 5`h paragraph, 1 s` sentence: Delete ", an increase of 28% over today's volumes." • Page 309, 5°i paragraph, 2"d sentence: Delete ", and increase of 13% from existing levels." • Page 321: Delete the 5°' paragraph, "Ocher rail plans...linking 13 cities." • Page 321, 6'~' paragraph, i~' sentence: Replace "High Speed Rail" with "SST" and replace "Las Vegas via Prim, Barstow/Victorville, and Ontario" with "Ontario International Airport with a future possible extension to Las Vegas." • Page 32 t, 6'~' paragraph, last sentence: Replace the word "south" with "north." ® Page 329, 2nd paragraph: Delete the last sentence, "The maximum feasible ... exclusive right turn lane." • Page 329, 4°i paragraph, 2"d sentence: Add "through the existing MPAH:" to the end of the sentence. • Page 5-329, bullet list at bottom of page: Add the full street name to the intersections listed: o Dale Street/Lineoln Avenue o Harbor Boulevard/Ball Road o Sportstown Way/Katella Avenue o Tustin Avenue/La Paima Avenue o Tustin Avenue/SR-91 West Bound Ramps o Imperial Highway/Santa Ana Canyon Road o Weir Canyon Road/SR-91 East Bound Ramps ® Page 333, IS' paragraph, 2"d sentence: Replace the word "two" with "one" and delete "Harbor Boulevard/Katella Avenue and." ® Page 5-335, 3`d bullet point: Delete "Way" after "Sportstown." ® Page 5-335, 6°i bullet point: Delete "would require triple lefts SB or EB or." ® Page 5-335, bulleted list in Mitigation Measure 5.15-2: Spell out all road names lie. Ave. should be "Avenue"). ® Page 5-337, 2"d Impact Analysis Section, 2"d sentence: Delete the word "adopted" that follows "The City has." ® Page 5-338, ls' Impact Analysis Section: Deleke the 2"d sentence, "The city has established a residential parking permit program in response to parking constraints within certain neighborhoods." ® Page 6-1, Chapter 6, Cumulative Impacts: Add the Cumulative Impacts project list to this chapter. ® Page 6-7, Section 6.15, 2"d paragraph, 3`d line: Add "expansion of sewer and storm drain facilities" after "flood control systems." ® Page 6-7, Section 6.15: Delete the text "No cumulative mitigation measures are necessary" and add the following mitigation measure: Mitigation Measure 6.15-1: If a project will increase sewer flows beyond those programmed in the appropriate master plan sewer study fe >> +. area , or if the project _ currently discharges to an existing deficient sewer system, vill create a deficiency in au existing sewer line, the property owner/developer sha;'.'~ ue required to guarantee mitigation of the impact to adequately serve the area to the satisfaction of the City Engineer. Page 8-14, ls` paragraph, 6'~' line: Change the end of the line to read "the Anaheim Resort Specific Plan..." Remove the registered trademark symbol (®) after "The Anaheim Resort." Volume II: Include the City of Anaheim Ainerzdments to the Ormrge County Master Plrnt of flrterin/ Highwnps, Sa~p~lementn/ Report, dated March 25, 2004 to the Appendix of EIR No. 330 (See attached Exhibit 1 -A color copy of this report is available for review at the City of Anaheim, Planning Department). CIT'E' ®F AI~iAI~EIIVI A1VIEI~TI)1VIEl~i'I'S 'I'® T'IIE ®1~l~TGE C®IJl~T'I' 1VIAS'I'EI~ PLC ®F r~l~'I'E1~IAI_, I-IIGIIWEIYS SUI'PLEl0~IE1~'I'AL IMP®I~T CITY ®F r~I~AIIEIIVI AlVIEl~i)1VIEI~TS T®'I'I3E ®I~1~1GE C®IJI~TY liZASTEI~ PI,AIi~ ®~ Al~'I'EI~IAI, ~IIGI-IW~1YS 'I'ECIIl\TICAI, AI~tALYSIS IMP®I2T Submithed to: Orange County Transportation Authority Prepared for: City of Anaheim Prepared by: Parsons Brinckerhoff Quade & Douglas, Inc. March 25, 2004 INTRODUCTION As part of its General Plan update, the City of Anaheim has identified several circulation system changes to its long-terns roadway master plan. Since some of these changes affect roadways on the current Orange County Master Plan of Arterial Highways (MPAH), the City requested the Orange County Transportation Authority (OCTA) to initiate a cooperative process Co evacuate the impact of these changes and amend the IvIPAH. This report presents the technical evaluation of these changes. This report Frst presents the proposed MPAH amendments, then the technical assumptions and methodology, followed by the evaluation of impacts, and recommended mitigation measures. PROPOSED MPAH AMENDMENTS The proposed MPAH amendments fall into two categories: 1. administrative changes to eliminate roads which no longer serve an MPAH function due to recent freeway access changes; and 3. substantive changes to the MPAH roadways in tests of classification change or elimination From the MPAH. These changes fall into three categories: (1) changes to individual streets in the portion of Anaheim west of SR-SS to better reflect current circulation needs; (2) changes to Fairmont Boulevard and Santa Ana Canyon Road in the portion of Anaheim between SR-SS and Weir Canyon Road; and (3) changes in the portion of Anaheim east of Weir Canyon Road associated with updated development plans in Coal Canyon and for the Mountain Park development in Gypsum Canyon. The Cechnical evaluation in this study addresses the traffic impacts of these changes. Administrative Changes Three MPAH amendments are associated with recent freeway access improvements through the City of Anaheim. • Remove Loara Street on the north side of I-S from the MPAH. This segment of Loara Street is on the MPAH because there used to be an offramp from northbound I-S onto Loara Street. The I-S improvement project relocated this offramp to Euclid Avenue., so Loara Street no longer serves an MPAH function. • Remove Crescent Street from the MPAH between Loara Street and I-S, and between I-S and Brookhurst Street. Plans for a Crescent Street overcrossing were abandoned with the I-S widening project, so with the removal of Loara Street these segments of Crescent Street no longer serve an MPAH function. • Remove Commercial Street east of Lemon Street from the MPAH. This segment of Commercial Street is on the MPAH because there used to be an onramp from Commercial Street to eastbound SR-91. The SR-91 improvement project relocated this onramp to Lemon Street, so Commercial Street no longer serves an MPAH function. Chances in Western Anaheim Figure 1 shows the locations of proposed MPAH amendments in all three areas of the City, and summarizes the proposed amendments in tabular form. The three proposed amendments imthe western portion of Anaheim are highlighted in purple, and are described below: Remove Gilbert Street from the MPAH between Crescent Street and Lincolu Avenue. Gilbert Street is a two-lane collector street, and the General Plan update determined that this portion of Gilbert Street should be closed to through traffic to support a planned recreational center, and that this closure would not create significant adverse impacts on Magnolia Avenue and Brookhurst Street. a Realien Lewis Street south of Katella Avenue to connect with Gene Autry Drive rather than with Anaheim Wav and reclassify Lewis Street from Primary to Secondary in this seement. The General Plan update determined that north-south vehicle circulation through this area would be more efficient with the realignment, and a Secondary classification is appropriate to accommodate the forecast traffic volumes. ® Reclassify State College Boulevard beriveen Lincoln Avenue and SR-91 from Primary to Maior. The General Plan update determined that this portion of State College will require six lanes to accommodate the forecast traffic volumes. Chances between SR-55 and Weir Canyon Road The General Plan update determined that the planned Fairmont Boulevard overcrossing of SR-91 should be removed from the long-temp plan, and that Santa Ana Canyon Road would need only four lanes of capacity in certain segments in the future. The proposed MPAH changes are shown in green in Figure I and described below: ® Remove the Fairmont Boulevard overcrossine of SR-91 from the MPAH (between La Palma Avenue and Santa Ana Canyon Road) but retain the segment from La Palma Avenue to SR-91 as ri;;ht-af--way reserve Wending further evaluation of needs in the upcoming SR-91 Maior Corridor Study. The planned freeway overcrossing is not needed to enhance ciroulation in this area, but the MCS will study corridor improvement options including a potential interchange at this location connecting with Fairmont Boulevard on the north side of SR-91. Reclassify Santa Ana Canyon Road from Maior to Primary between Lincoln Avenue and Lakeview Avenue, and between Imaerial Hiehwav and Festival Drive. Chances in the Mountain Park area Since the previous General Plan update, development plans for the far eastern areas of Anaheim (Gypsum Canyon and Coal Canyon) have been substantially scaled down. Coal Canyon is now planned to remain as open space, and the Mountain Park development planned for Gypsum Canyon includes much less development than previously envisioned. There are several changes to the planned roadway system which accompany these updated land use plans. The proposed MPAH changes are shown in yellow on Figure 1 and described below: ~'i~re 10 ~ ®~~ ~~ Y' CREECENi RESCEI ' _~ LINCOL4 ~-~ R°FOVIA RANGE _~ Ren ° w ~. belt' aEnRh s - ed Changes in Main Park Area Cawngrada Gypsum Cyn Irom b l0 4 lanes though SR-91 Interchange Soulhem leeninus at gale to Mountain Park Description of Prop Remove segment of Gypsum Cyn connecting wl SR-241 H Weir Cyn Roadway Gilbert Si: Crescent to LincoN i State College: Lincoln l0 41 Lew is SC connect to Autry Fairmont overcrossing SR-91 Santa Ana Cyn Pd: Imperial to Festival D Santa Ana Cyn Rd: Lincoln to Lakeview Santa Ana Lyn Rd.: Weir Cyn to Gypsum Santa Ana Cyn Rd: Gypsum Cyn to Coal I Gypsum Cyn: Santa Ana Cyn Rd Through Gypsum Cyn: 241 to Santa Ana Cyn Fld Weir Cyn:lrom existing iermo~us to EI"C ed Changes Ana Cyn Area ossing SR91 onto Ana Cyn Imm 0 4 lane primary N Festival Reclassifv Santa Ana Canvon from Maior to Primary (undivided) from Weir Canvon Road to ~nsum Canvon Road. With the planned land use changes this segment of Santa Ana Canyon..- Road no longer requires six lanes, and afour-lane undivided roadway is appropriate because the topography constrains the opportunity for a full Primary right-of--way and left turn laneswill only be needed at selected locations (for access to existing residential streets, the existing church and the planned fire station). e Remove Santa Ana Canvon Road from the MPAH between Gvnsum Canvon Road and Coal Canvon Road. The closure of the Coa] Canyon interchange and the designation of Coal Canyon as open space eliminate any need for constructing this segment of Santa Ana Canyon Road. o Reclassifv Gvnsum Canvon Road from Maior to Primary from Santa Ana Canvon Road through the SR-9l interchange. The downscaling of development planned for Mountain Park will result in less traffic demand through this interchange. ~ Remove Gvosum Canvon Road from the MPAH between SR-241 and the entrance to the Mountain Parl: development south of Santa Ana Canvon Road. The downscaling of development planned for Mountain Park will remove the need for an arterial street through this area. Roads through the Mountain Park area will be private roads. Reclassifv Weir Canvon road From Maior to Primary between Oak Canvon Drive and SR-~41. The downscaling of development planned for Mountain Park and the removal of the Jamboree Road extension (from Santiago Canyon Road to Weir Canyon Road) from the MPAH (now being proposed by the City of Orange in cooperation with OCTA) will reduce the future traffic demand on this segment of Weir Canyon Road.. With the deletion of planned Gypsum Canyon Road east of SR-241, Weir Canyon Road will terminate at the interchange with SR-241. This interchange is planned to have ramps to/from the south only, due to geometric constraints. METHODOLOGY The effects of the proposed MPAH amendments .are analyzed under long-term conditions, assuming full buildout of development in .accordance with the City of Anaheim's updated Genera] Plan Land Use Element. Key components and assumptions of the analysis are summarized below. Traffic Model Traffic forecasts were prepared using the Anaheim Traffic Analysis Model (ATAM), which OCTA has determined to be consistent with the Orange County Transportation Analysis Model (OCTAM). Land Use and Roadway Network Scenarios Three scenarios were evaluated: 1 Land use is Existing Anaheim General Plan Bui]dout in City of Anaheim, OCTAM 2025 elsewhere; existing MPAH network 2A Proposed Anaheim General Plan Buildout in City of Anaheim, OCTAM 2025 elsewhere; proposed MPAH network with Jamboree -- 2B Proposed Anaheim General Plan Buildout in City of Anaheim, OCTAM 2025 elsewhere; proposed MPAH network with proposed East Orange network and land use and without Jamboree Intersection Level of Service Calculation MethodoloEy Intersection Capacity Utilization method consistent with OCTA guidelines. Lane capacity of 1700 vehicles per hour, v/c adjustment of 0.05 for clearance interval. Study Area Intersections Peak hour level of service (LOS) forecasts were prepared for all signalized intersections in Anaheim. Those affected by the MPAH changes are included in this report. . Level of Service Standards and Thresholds of Significance o LOS standard is peak hour intersection LOS D; LOS E at CMP intersections. o A significant adverse impact occurs if traffic changes due to the MPAH amendments increase the intersection peak hour volume/capacity ratio by 0.02 or more and the resulting LOS is LOS E or F (v/c = 0.9I or higher). Mitigation Mitigation measures are recommended far intersections projected to experience significant adverse impacts as a result of the proposed MPAH amendments. EVALUATION OF IMPACTS Western Anaheim The proposed MPAH amendments in western Anaheim include the deletion of Gilbert Street north of Lincoln, the realignment of Lewis Street south of Katella, and the reclassification of State College Boulevard south of SR-91. Figure 2 presents the results of a select link assignment from ATAM, showing estimated travel paths of existing traffic on the segment of Gilbert Street between Lincoln and Crescent. Most of the trips using Gilbert Street are trips within this portion of Anaheim, though a portion of these trips are using Gilbert Street to travel to/from I-5. Figure 3 presents the ATAM estimate of average daily traffic under Alternative 1 (current General Plan and current MPAH) and Alternative 2B (proposed General Plan with proposed MPAH amendments). Projected volume changes on Magnolia and Brookhurst are minor because Gilbert is not projected to carry a substantial traffic volume. Table 1 summarizes the peak hour v/c and LOS for the six key intersections around this segment. The results show that the peak hour levels of service are within acceptable levels with this change -the worst LOS occurs at Magnolia/Lincoln where the PM peak hour LOS is D. 0 0 0 0 o u~ 0 0 0 ooln~-oo O~ N 0 0 0 0 0 0 0 0 0 ~ O ~- ~ Ln N u7 `- II 11 II II II II II n J J J J J J J J f-aal-HI-1-F'~ Q J J J J J J J J 0 ~ ~ ~ 0 J J J J J J J J W W W W W W W W ~ ~ ~ ~ ~ ~ ~ ~ Figure 3: Future ADT in Gilbert Street Area Alternative t Alternative 2B i ~ ~~~,~ Table 1 __. Peak Hour LOS in Gilbert Street Area Alternative 1 Alternative 2A Alternative 2B Lanel uscis EUSIin9Ana11cim GUneral PlannaildoWin Cllyol Mnlleil¢OCTAAI 2025elsewpem:curtenl MPAH nelvNat PmpvseGAnaNCim Gpneml PlanBwklvul in Cilyol AnaM1eim.OCTAM 2025 o1sewimm:pmposetl hlPAH. nelwoM xilhJamporm eacnsron mpose na mim enera an u ovl in ilyo A^aM1eim. nCTAM118p25 elsewherelpmpoSetl MPAH ^elw^k wilN WOn^sea EaslAm^9a naIVAA ana mnG aw wiuw m Jameo me eaensi^ n Intersection AM LOS AM VC PM LOS PM VC AM LOS AM VC PM LOS PM VC AM LOS AM VG PM LOS PM VC Magnolia /Crescent A 0.50 A 9.59 A 0.46 A 0.59 A 0.47 A 0.60 Magnolia /Lincoln A 0.51 C 0.72 B 0.64 D 0.88 B 0.65 D 0.83 Gilbert /Crescent A 0.32 A 0.30 A 0.31 A 0.30 A 0.32 A p.30 Gilhert /Lincoln A 0.41 A 0.58 A 0.47 B 0.64 A 9.47 B 0.62 Brookhursl /Crescent G 0.71 C 0.73 C 0.75 8 0.70 B 0.69 C 0.72 Broakhurst /Lincoln B 0.65. B 0.65 B 0.70 C 0.73 B 9.68 C p.72 Figure 4 presents ADT For the Lewis Street realignment area. The realignment results in slight decreases along Katella Avenue. Table 2 shows the peak hour LOS at intersections in this area. All intersections are projected to operate at acceptable levels with the change; the worst LOS in this area is at State College/Orangewood with a morning peak hour LOS D. Table 2 Peak Hour LOS in the Lewis Street Area Altemallve 1 Allemallve 2A Altema0va 20 LunO Uae la Etaling pnahe~m Genvm lPlan 6uiltlom In Pmp v¢vJ Anaheim General Plvnamltlvul in Chyvl Pm POaeM1AnpM1aim Genaml Pl¢n BUiIEOUI i^Cilyol Lhyolgnvhv' m.OCiAM 2025 eIS V.MVrv. curtvnl Awh eim GU AM ]035 e1¢vwTe~e: pao pvs NA1PAH A^aM1eim.LLTAM1130}SVMewM1e~e;Pmpva vCMPAH MPAH neIVmM rwlvm lk with JamOOrev anenaivn ^alvmM Mlh p~oPoaetl Eaal GmnOe ne lvm ~k aPalinp ¢new¢Ihv YI JamOmev eaenalon e Intersection AM LOS AM VC PM LOS PM VC AM LOS AM VC PM LOS PM VC AM LOS AM VC PM LOS PM VC Anaheim Way /Katella A 0.56 B 0.69 B 0.63 C 0.73 B 0.61 C 0.73 Lewis /Katella A 0.49 B O.6fi A 0.48 B 0.70 A 0.48 B. 0.70 Anaheim Wa / Orangewood A 0.43 A 0.60 A 9.36 A 0.49 A 0.3fi A 0.4B Slate College/Katella D 0.62 D 0.63 C. 0.77 C 0.79 C 0.77 C 0.78 Slate College / Sportstown A. 0.59 A 0.52 A' 0.58 A O.Sfi A 0.58 A 0.57 Stale College /Gene Autry C 0.76 A 0.35 C 0.76 A 0.34 C 076 A 0.35 Stale College / Orangewootl D 0.83 C 0.71 D 0.83 B 0.70 D 0.83 C 0.72 The future ADT for State College Boulevard between Lincoln and SR-91 ranges from about 40,000 to 52,000. This vo]ume exceeds the ADT which can be accommodated by a four-lane primary street, which is approximate]y 40,000. The six-lane Major classification will be needed in the future to accommodate this traffic volume at acceptable LOS. Fairmont Boulevard/Santa Ana Canvon Road The proposed MPAH amendments in this portion of Anaheim include the deletion of the planned Fairmont Boulevard overcrossing of SR-91, and classification change on portions of Santa Ana Canyon Road from Major (six lanes) to Primary (four lanes). Alternative I Figure Q: Future ADT in Lewis Street Area Alternative 2B __ ~ „ r. _ ~ 4 ~ ~ `~ ~ ,~ ~ 1 ~ ~~ ¢ Kalella i '' .. I c /~~ ~ ~ ~ I. ---,... ~ 'ro ~~ ~ ~ ~' I:v %:: I ~ '° n >k Orange~woa ~~ 1~. `~ ~/~ ~~. i~ ~'j ~~~ ~ ~~ ~ Y{ Table 3 summarizes the AM and PM peak hour intersection levels of service in this area. With the existing General Plan land use and current MPAH (Alternative 1), three intersections in the area are -- projected to operate at LOS E or F -Imperial Highway/Nohl Ranch Road, Fairmont Boulevard/Santa Ana Canyon Road, and Imperial Highway/Weir Canyon Road. Table 3 Peak Hour LOS in the Fairmont/Santa Ana Canyon Area Allomativv 1 Altomalivv 2A Allemative 2B Lanrlu¢e 15 EUahn0Anal:elm Genvvl Plvn BUigaul In OI Anahalm GCTAM112N5 CIr l n ProPOaM Anahvim General Plan Bu:pvNln Cilyol A h l GCTA1 120?S PropvxvC Anaheim Genervl Plan B:uNVUI1n ChVp1 Anaheim OLiAM 3035e15eMere;ryvPoxW AIPAII . v aew wa. x:manl Y MPAH nelvmrk na e m. . O1xeMnepm Po¢vr1 AI PAH rgrR V.+I1:JamLOrea eilenaron vArR xflll prvPVxW Eavl OmMe relvurk aW lan:1 vaM Vn ul Jamhorevvr en ran Intersection AM LOS AM VC PM LOS PM VC AM LOS AM VC PM LOS PM VC AM LOS AM VC PM LOS PM VC Margarita /Santa Ana Cyn Rd A 0.45 C O.7B A 0.39 C 074 A 0.40 C 0.72 Imperial Hwy / Omngethorpe A O.SB. D O.B3 A 0.60 D 0.02 A 0.60 -0 0.82 Imperial Hwy 1 La Palma C 0.79 D 0.84 0 0.87 C 0.73 D O.BB C 0.75 Imperial Hwy / SR-91 WB Ramps B: O.fiS B O.fi5 B 0.69 G 0.71 B O.fi9 B 0.70 Impedal Hwy / SR-91 EB Ramps C 0.75 D 0,83 B 0.65 C 0.77 B 0.64 C 0.80 Imperial Hwy /Santa Ana Cyn Rd. C 072 D 0.04 D 0.88 F rn~1C E '. :0.92 E 3(gB Imperial Hwy / Asd. BemaNo A 0.59 A. 0.39 B 0.66 A 0.47 B 0.64 A 0.4fi Imperial Hwy / Nohl Ranch Rtl. E 0.91. B O.fi9 E 10.94 D 0.01 D o.es ^ 0.84 Impedal Hwy /Riser Valley Trail A 0.55 A 0.45 A O.Sfi A 0.46 A 0.57 A p 48 Chdsden / La Palma A 0.43 A O.Sfi A 0.39 A 0.57 A 0.46 A 0.59 Via Cortez /Santa Ana Cyn Rd. A 0.56 8 0,63 0 0.62 C 0.73 8 0.69 G 0.74 Fairmont I la Palma A 0.33 A 0.3fi A 0.3fi A 0.47 A 0.43 A 0.49 Anaheim Hills Rd /Santa Ana Cyn B 11.61 C 0.70 B 0.69 C 0.76 C 0.70 C 0.78 Anaheim Hills Rd / NohLRanch Rd B 0.61 D 0.05 C 0.74 B 0.67 C 076 C 0.77 Canyon Rim / NMI Ranch Rd A O.Sfi A 047 A 0.56 A 0.49 B 0.62 A O.Sfi Fadmont /Santa Ana Cyn Rtl D 0.80 F ~... ur A 0.54 A 0.59 A 0.54 R 0:62 Mohler/Santa Ana Cyn A 0.45 B 0.61 A 0.43 A 0.48 A 0.44 A 0.5 Festival Dr /Santa Ana Cyn A 0.31 A 0.52 A 0.33 A 0.43 A 0.34 A 0.44 Rooseselt /Santa Ana Cyn A 0.37 B 0.62 A 0.34 A 0.58 A 0.35 A 0.50 Weir C n / La Palma A O.SB C 0.75 C O.T7 C 0.73 C 0.78 C 073 Weir Cyn / SR-97 WB Ramps A 0.52 B 0.63 B -0.66 D 0.84 B 0.62 C 0.78 Weir Cyn / SR-91 EB Ramps A 0.52 C 0.77 C 0.73 E ,10;9 C 074 E . ::A193 Weir Cyn /Santa Ana Cyn Rd B 0.61 E 0;94 C 0.71 E '0:91 B 070 0 0.80 Weir Cyn / Monte Vista A, 0.55 B O.fi9 B 0.69 D 0.84 A 0.59 C 0.75 Serrano/Weir Cyn Rtl. B 0.65 A 0.51 C 0.75 B 0.67 C 0.71 A 0.55 Weir Cyn I Oak Cyn Dr A 0.41 A 0.39 A 0.51 A 0.47 A 0.33 A 0.4 Weir Cyn I SAVI Ranch C 0.79 C 0.80 C 079 D 0.89 C O.7fi D 0.87 The impacts of the MPAH changes are as follows: _ • The LOS at Imperial Highway/Nohl Ranch Road is projected to worsen slightly, but the land use and MPAH changes in East Prange will reduce peak traffic through this intersection and bring it to an acceptable level (LOS D). • The LOS at Fairmont Boulevard/Santa Ana Canyon Road will be reduced to an acceptable level. • The LOS at Weir Canyon/Santa Ana Canyon Road will be reduced somewhat, and the land use and MPAH changes in East Orange will reduce it to an acceptable level (LOS D). • The LOS at Imperial Highway/Santa Ana Canyon Road is projected to drop to LOS F; the changes in East Orange reduce the v/c somewhat but this intersection is still projected to operate at LOSE. This intersection would therefore experience a significant adverse traffic impact from the MPAH chances. • The LOS at Weir Canyon/SR-91 EB ramps is projected to drop to LOS E; the changes in East Orange reduce the v/c somewhat but this intersection is still projected to operate at LOS E. This intersection would therefore experience a significant adverse traffic impact from the MPAH chances Mountain Park area The proposed MPAH changes in this area of Anaheim are associated with the reduction in planned~land- use intensity in the Gypsum Canyon and Coal Canyon areas. Figure 5 presents the forecast ADT for roads in this area, and Table 4 summarizes the AM and PM peak hour intersection levels of service. The only intersections projected to operate at LOS E or F in any future scenarios are Weir Canyon Road/Santa Ana Canyon Road and Weir Canyon Road/SR-91 Eastbound ramps. These impacts have been identified previously in association with the amendments for Fairmont Boulevard and Santa Ana Canyon Road. All other intersectiols in the area are projected to operate at acceptable levels withouC and with the proposed MPAH amendments. Table 4 Peak Hour LOS in Mountain Park Area. Allemallve 7 Allemallve 2A Alternative 28 Lantl use la Ep¢Ilnp Anahmm GVneral PlanauilflvN in LilyvlAnaM1VVn,OLTAM 2035elvwmcre curtenl MPAH nvlwvrk Prvpvsetl Anaheim General Plan BUJtlvN In Cllyvl Anaheim,OCTAM 2P15elavxTme;pmpce¢OMPAH nvlxoM Vnlh JamOV ee¢a4vnvivn Prvpas°E gnuAeim GVpural Plon auilGV Ul in Gllyvl gvpheim,OCTgA12035aNVxhere.PVpv¢vCM1IPAH xvrk x"Ih Prvpv¢etl EV¢I OranOa hBIWfF Vn01an0 eaip Mlhvul JVmhvree ellen¢ivn u Intersection AM LOS AM VC PM LOS PM VC AM LOS AM VC PM LOS PM VC AM LOS AM VC PM LOS: PM VC Weir Cyn / La Palma A 0.58 C 0.75 C 0.77 C 0.73 C 0.78 C 0.73 Weir Cyn/SR-91 WB Ramps A 0.52 B 0.63 0 O.fifi D 0.84 B 0.62 C 0.78 Weir Cyn/SR-91 EB Ramps A 0.52 C 0.77 C 0.73 E „: OS95 C 0.74 E '0;93 Weir Cyn /Santa Ana Cyn Rtl 8 0.61 E ,0;94 C 0.71 E -~ 0.91 B 0.70 D 0.88 Weir Cyn / Monte Vista A 0.55 B 0.69 B O.fi4 D 0.84 A 0.59 C 0.75 Serrano /Weir Cyn Rd. B 0.65 A 0.51 C 0.75 B 0.67 C 0.71 A 0.55 Weir Cyn /Oak Cyn Dr A 0.41 A 0.39 A 0.57 A 0.47 A 0.33 A 0.40 SenanG /Oak Cyn Dr A 0.45 A 0.57 A 0.49 A 0.60 A 0.55 A 0.57 Serrano /Canyon Rim A 0.35 A 0.44 A 0.35 A 0.47 A' 0.41 A 0.47 Gypsum Cyn / SR-97 WB ramps A 0.39 B O.fifi A 0.39 A 0.57 A 0.40 A 0.56 Gypsum Cyn / SR-97 EB ramps A 0.37 A 0.58 A 0.34 A 0.53 A 0.34 B 0.65 G psum /Santa Ana Cyn A 0.29 C 0.77 A p.29 A 0.59 A 0.26 B 0.63 Weir/ 24TOn Ramps C 0.73. A 0.59 C 0.73 D 0.87 A 0.4fi A 0.43 Weir/24108 Ramps A 0.15 B O.fiS A 0.26 B 0.67 A 0.15 A 0.35 Figure 5: Future ADT in Mountain Park Area Alternative 1 Alternative 2B MITIGATION MEASURES As discussed in the evaluation section above, the intersections of Imperial Highway/Santa Ana Canyon Road and Weir Canyon Road/SR-91 EB ramps would experience significant adverse impacts from the proposed MPAH changes. This section identifies potential mitigation measures for these locations, Imperial Hiehwav/Santa Ana Canvon Road Addition of an exclusive northbound right turn lane will improve the future PM peak hour V/C at this intersection fo 0.93; however, this improvement alone will not fully mitigate the impact at Chis intersection since the V/C in Alternative 1 is 0.84 (LOS D). Implementation of one of these additional two improvements would improve the fuhire LOS to D at this intersection: Convert the exclusive northbound right turn lane to a fourth northbound through lane o Add a third southbound lefr turn lane Weir Canvon Road/SR-91 EB ramas Addition of a fourth southbound through lane (possibly as a shared lane approaching the eastbound loop onramp) will improve the future PM peak hour LOS at this intersection to D. TTACH~AENT 14 RES®LTIOfVS TABLE OF CONTENTS -RESOLUTIONS SECTION RESOLUTION QR DESCRIPTION A General Plan Amendment No, 2004-00419 B Zoning Code Amendment No. 2004-00029 C Reclassification No. 2004-00117 D Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 (Tracking No. SPN 2004-00023) • Exhibit 1: Legal Description • Exhibit 2: Addendum to the Anaheim Resort Specific Plan E Amendment No. 2 to the Northeast Area Specific Plan No. 94-1 (Tracking No. SPN 2004-00024) F Termination of Development Agreement No. 91-01 (Tracking No. 2004-00001) • Exhibit 1: Development Agreement with The Irvine Company Attachrraent 14-A- Resolution for Genera! Plan RESOLUTION NO. PC 2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISION -- RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2004-00419 WHEREAS, the first Anaheim General Plan was adopted in 1963 and has been subsequently amended over the years as conditions warrant; and WHEREAS, the last significant update of the General Plan was adopted in 1984 and since that time conditions and community priorities have changed; and WHEREAS, while various elements of the general plan have been updated at differing times, and provide useful guidance, other portions needed to be strengthened to deal more effectively with contemporary issues, update its content and improve its format and usability, address relevant local conditions, and be internally consistent and easy to use; and WHEREAS, the General Plan was prepared following an extensive public outreach process providing active involvement of Anaheim's stakeholders, including its residents, employees, business owners and decision makers, which included a series of "visioning" workshops, a citywide General Plan Rally at Angel Stadium, public surveys, presentations to various neighborhood groups and a number of Planning Commission and City Council workshops; and WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, 200 South Anaheim Boulevard on April 19, 2004, at 1:30 P.M., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said General Plan update and investigate and make findings and recommendation in connection therewith; and WHEREAS, The Anaheim City Planning Commission, after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, including the Staff Report to the Planning Commission dated April 19, 2004, which is incorporated herein by this reference, does find and determine the following facts: 1. That the General Plan update has been prepared in compliance with state General Plan guidelines 2. That the updated General Plain is comprehensive in nature, effectively addressing each of the topics covered in both the mandatory and optional elements. 3. That the updated General Plan accurately represents the community's view of its future as determined through an extensive public outreach effort. 4. That the updated General Plan will provide local decision makers with a series of effective goals and ,policies on which to base future land use decisions. 5. That the updated General Plan is consistent with the goals and policies set forth in the adopted 1998- 2005 Housing Element and that revisions to the Land Use Element will not reduce the number of housing units below the City's identified regional housing need pursuant to Government Code Section 65584. 6. That each City department has participated in the General Plan update effort and concurs with each of the goals and policies contained therein. 7. That the updated and consolidated General Plan is internally consistent, streamlined and user friendly 8. That the General Plan Advisory Committee reviewed the proposed General Plan on April 7, 2004 and recommended its adoption. WHEREAS, Draft EIR No. 330 and the Mitigation Monitoring Programs associated with the project ("Draft EIR No. 330") were prepared in conjunction with General Plan Amendment No. 2004-00419, Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Specific Plan Amendment No. SPN 2004-00023 (Amendment No. 5 to The Anaheim Resort Specific Plan No. 92-2), Specific Plan Amendment No. SPN 2004-00024 (Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and other related actions (the "Proposed Actions") for Planning Commission Consideration; and WHEREAS, the Planning Commission independently reviewed and considered Draft EIR No. 330, and the evidence submitted, including the evidence presented in the Staff Report to the Planning Commission dated April 19, 2004, and oral and written evidence presented at the Planning Commission's public hearing; and WHEREAS, the Planning Commission recommended that the City Council independently review and analyze Final EIR No. 330 and find that it reflects the independent judgment of the City Councit, and unless additional or contrary information is received during the public review period or presented at its public hearing, determine that Final EIR No. 330, and the Mitigation Monitoring Programs associated with the project (Attachment 10 of the Staff Report), The Platinum Triangle (Attachment 11 of the Staff Report), and The Anaheim Resort (Attachment 12 of the Staff Report) are in compliance with CEQA and the State and City CEOA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission has reviewed the updated General Plan together with any comments received during the public hearing process. BE IT FURTHER RESOLVED that, pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2004-00419 - a comprehensive update of the Anaheim General Plan. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of April 19, 2004. ATTEST: CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION Attachment 14-i3 Title 18, "Zoning Code" RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR ZONING CODE AMENDMENT NO. 2004-00029 BE GRANTED TO AMEND TITLE 18 "ZONING" OF THE ANAHEIM MUNICPAL CODE IN ITS ENTIRETY WHEREAS, the Zoning Code was originally adopted in 1929 and has been updated a number of times over the years; and WHEREAS, pursuant to Section 18.03.020 "Amendments-General" of the Anaheim Municipal Code, provisions of Title 18 may be amended whenever the public necessity and convenience and the general welfare require, when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, the Anaheim City Council did direct preparation of a comprehensive new Zoning Code for the City of Anaheim, which will apply citywide; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code Amendments; and WHEREAS, the City's Planning Consultant, City Staff and the City Attorney's Office have prepared proposed amendments to Title 18 of the Anaheim Municipal Code designated as Zoning Code Amendment No. 2004-00029, copies of which have been provided to the Anaheim City Planning Commission, including certain corrections and modifications thereto which are set forth in the Staff Report to the Planning Commission dated April 19, 2004 (the "Proposed Zoning Code Amendment"), which documents are incorporated herein as though set forth in full; and WHEREAS, the Proposed Zoning Code Amendment includes proposed amendments to Specific Plans, primarily to clarify and renumber provisions, which amendments are consistent with the goals and policies of the Anaheim General Plan, as the Planning Commission has recommended that it be approved, and with the purposes, standards and land use guidelines therein; and WHEREAS, the Proposed Zoning Code Amendment will, if adopted, amend Title 18 "Zoning" of the Anaheim Municipal Code, in its entirety; and WHEREAS, the City Planning Commission did :hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of state law, to hear and consider evidence for and against the Proposed Zoning Code Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the Planning Commission, having reviewed and considered the Proposed Zoning Code Amendment, has determined that the public necessity and convenience and the general welfare require its adoption, in that the Proposed Zoning Code Amendment: 1. Implements the Land Use .Element of the Anaheim General Plan, as the Planning Commission has recommended that it be approved, 2. Facilitates the use and ease of finding land use and development information in the Zoning Code, 3. Updates the permitted land uses and standards to reFlect the many development factors and design trends which have changed over time, and 4. Assures that the Zoning Code complies with recent state statutes and other applicable laws. WHEREAS, Draft Environmental Impact Report No. 330 and the Mitigation Monitoring Programs associated with the project ("Draft EIR No. 330") were prepared in conjunction with General Plan Amendment No. 2004-00419, Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Amendment No. 5 to The Anaheim Resort Specific Plan No. 92-2, Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and other related actions (the "Proposed Actions") for Planning Commission consideration; and WHEREAS, the Planning Commission independently reviewed and considered Draft EIR No. 330, and the evidence submitted, including the evidence presented in the Staff Report to the Planning Commission dated April 19, 2004, and the oral and written evidence presented at the Planning Commission public hearing; and WHEREAS, the Planning Commission has recommended that the City Council independently review and analyze Final Environmental Impact Report No. 330 ("Final EIR No. 330") and find that it reflects the independent judgment of the City Council, and unless additional or contrary information is received during the public review period or presented at its public hearing, determine that Final EIR No. 330 and the Mitigation Monitoring Programs associated with the project (Attachment 10 to the Staff Report) to the Planning Commission dated April 19, 2004), The Platinum Triang{e (Attachment 11 to the Staff Report), and The Anaheim Resort (Attachment 12 to the Staff Report) are in compliance with the California Environmental Quality Act ("CEQA") and the State and City CEQA Guidelines, and are adequate to serve as the required environmental documentation for the Proposed Actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council approve the Proposed Zoning Code Amendment. 2004. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 , 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I .have hereunto set my hand this day of .2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION Attachrnent 14-C Reclassification No. 2004-00117 RESOLUTION NO. PC A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION - --- THAT PETITION FOR RECLASSIFICATION NO. 2004-00117 RELATIVE TO THE CYPRESS CANYON SPECIFIC PLAN AREA, BE GRANTED, UNCONDITIONALLY WHEREAS, on March 8, 2004, the Anaheim City Planning Commission initiated a Reclassification application, pursuant to Resolution No. PC 2004-22, for real property situated in the City of Anaheim, County of Orange, State of California, described as follows: Parcel A (approximately 15 acres) -Parcel Map No. 94-205, being a subdivision of a portion of Parcel 1 as shown on Exhibit "B" of that certain "Lot Line Adjustment LL 85-22" recorded August 15, 1985 as Instrument No. 85-304375 of official records in the Office of the County Recorder of Orange County, California. Parcel B (approximately 648 acres) -Parcel as shown on Exhibit "B" of that certain "Lot Line Adjustment LL 85-22" recorded August 15, 1985 as Instrument No. 85-304375 of official records in the Office of the County Recorder of Orange County, California, excepting Parcel Map No. 94-205. WHEREAS, on April 7, 1992, pursuant to the .procedures set forth in Chapter 18.93 of the Anaheim Municipal Code, the City Council of the City of Anaheim adopted Ordinance No. 5296 amending the zoning map to reclassify certain real property described therein into the Cypress Canyon Specific Plan No. 90- 3 Zone subject to certain conditions as specified therein, and Ordinance No. 5297 relating to the establishment of Zoning and Development Standards for the Cypress Canyon Specific Plan No. 90-3 by the addition of Chapter 18.77 to said Code; and WHEREAS, in connection with adoption of Specific Plan No. 90-3, the City Council certified FEIR No. 298 with a Statement of Overriding Considerations and the corresponding Mitigation Monitoring Program; and WHEREAS, the Cypress Canyon Specific Plan No. 90-3 Area is generally bounded by the Cleveland National Forest to the east, the Riverside (SR-91) Freeway to the north, unincorporated open space within the City's Sphere-of-Influence to the south, and the Mountain Park Specific Plan Area to the west (the western boundary of the Cypress Canyon Specific Plan area is approximately 5,712 feet east of the Gypsum Canyon Road/Santa Ana Canyon Road intersection); and WHEREAS, on June 6, 1995, the City Council adopted Ordinance No. 5500 amending Ordinance No. 5296 relating to the Cypress Canyon Specific Plan No. 90-3, which amendment revised certain of said conditions of approval as set forth in Ordinance No. 5296 ("Amendment No. 1 "); and WHEREAS, on January 11,2000, the City Council adopted Ordinance No. 5716 amending Ordinance No. 5296 relating to Adjustment No. 1 to the Cypress Canyon Specific Plan No. 90-3, which adjustment authorized self-service laundry establishments subject to the approval of a conditional use permit; and WHEREAS, on June 6, 1995, the City Council adopted Ordinance No. 5500 amending the conditions of approval set forth in Ordinance No. 5296 relating to the Cypress Canyon Specific Plan No. 90-03, which amendment revised Condition No. 1 C and Condition No. 2 of Ordinance No. 5296 pertaining to Parcel Map No. 94-205; and WHEREAS, on March 8, 2004, pursuant to Chapters 18.03 and 18.93 of the Anaheim Municipal Code, the Anaheim City Planning Commission, by its Resolution No. PC2004-22 initiated (for the purpose of presenting an application for study and consideration at a public meeting) an application to reclassify the approximate 663-acre area Cypress Canyon Specific Plan No. 90-3 Area to the OS (Open Space) Zone to be consistent with the Open Space land use designation proposed for the Cypress Canyon Specific Plan Area as part of the General Plan Update Recommended Land Use Alternative {"the Cypress Canyon Specific Plan Area") in conjunction with applications to reclassify three other project areas including properties located in The Platinum Triangle, properties located in the Central Anaheim Area and properties including and adjacent to the Kwkset site as further described in Resolution No. PC2004-22; and WHEREAS, after further consideration and in recognition that the Cypress Canyon Specific Plan Area consists of two parcels including Parcel A (a privately-owned 15-acre parcel) and Parcel B (a 648- acre parcel which has been purchased by the State of California for permanent open space uses as part of the Chino Hills State park), staff is recommending that General Plan Amendment No. 2004-00419 provide for the redesignation of Parcel A to the Low Medium Density Residential designation with a maximum density of up to 140 dwelling units, consistent with the number of units permitted by the Cypress Canyon Specific Plan Development Area 12 provisions and Parcel B to the Open Space designation; and WHEREAS, the proposed Low Medium Density Residential designation for Parcel A is the same designation proposed for the portion of the property encompassed by the Mountain Park Specific Plan area immediately adjacent to Parcel A; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed reclassification and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed reclassification would reclassify Parcels A and B from the Cypress Canyon Specific Plan No. 90-3 zone to, respectively, the RM-3 (Residential Multiple-Family) zone for a total of 140 dwelling units and the OS (Open Space) zone. 2. That the proposed General Plan Update (General Plan Amendment No. 2004-00419) designates the area encompassed by Parcel A for Low Medium Density Residential land uses at a maximum density of 140 dwelling units and the area encompassed by Parcel B for Open Space land uses. 3. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 4. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to this property and to the zones and their permitted uses generally established throughout the community. 5. That the proposed reclassification 1s compatible with surrounding zoning designations; and that approval will establish consistent eland use and site development standards for the area; and WHEREAS, Draft EIR'No. 330 and the Mitigation Monitoring Programs associated with the project ("Draft EIR No. 330") were prepared in conjunction with General Plan Amendment No. 2004-00419, Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Amendment No. 5 to The Anaheim Resort Specific Plan No. 92-2 (SPN 2004-00023), Amendment No. 2 to the Northeast Area Specific Plan No. 94-1 (SPN 2004-00024), and other related actions (the "Proposed Actions") for Planning Commission Consideration; and WHEREAS, the Planning Commission independently reviewed and considered Draft EIR No. 330, and the evidence submitted, including the evidence presented in the Staff Report to the Planning Commission dated April 19, 2004, and oral and written evidence presented at the Planning Commission's public hearing; and WHEREAS, the Planning Commission recommended that the City Council independently review and analyze Final EIR No. 330 and find that it reflects the independent judgment of the City Council, and unless additional or contrary information is received during the public review period or presented at its public hearing, determine that Final EIR No. 330, and the Mitigation Monitoring Programs assgciated with the project (Attachment 10), The Platinum Triangle (Attachment 11), and The Anaheim :Resort (Attachment 12) are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council approve the subject Petition for Reclassification, unconditionally, to authorize an .amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the Cypress Canyon Specific Plan No. 90-3 Zone to RM-3 (Residential Multiple-Family) (for Parcel A) and OS (Open Space) (for Parcel B) BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject 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 2004. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 , 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION Attachment 14-® Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 RESOLUTION NO. PC 2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISION - - RECOMMENDING TO THE CITY COUNCIL ADOPTION OF SPECIFIC PLAN AMENDMENT NO. 5 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92- 2, TO (1) GRANT THE RECLASSIFICATION, (2) AMEND THE ZONING AND DEVELOPMENT STANDARDS, AND (3) ADD A SUPPLEMENTAL DOCUMENT TO THE SPECIFIC PLAN. WHEREAS, on September 27, 1994, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan No. 92-2, to provide a Tong range, comprehensive plan for future development standards, design guidelines and a public facilities plan, and permit the development of hotel/motel, convention, retail and other visitor-serving uses; and WHEREAS, in connection with the adoption of Specific Plan No. 92-2, the City Council certified Environmental Impact Report No. 313, with a Statement of Findings and Facts and a Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67-acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, on October 12, 1998, the Planning Commission denied Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, to amend the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the addition of "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92-2, which .adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks .and yard requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance No. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 0.73-acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, on September 21, 1999, the City Coundil adopted Ordinance No. 5703 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on April 5, 2004, the Planning Commission approved Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2, which adjustment proposes to amend the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non- conforming building and recommended to the City Council that it adopt an ordinance incorporating said proposed adjustment; and WHEREAS, a fourth amendment to the Anaheim Resort Specific Plan No. 92-2, to amend the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to streamlined projechprocessing has been incorporated into the City's Zoning Code Update; and WHEREAS, on March 8, 2004, pursuant to Chapters 18.03 and 18.93 of the'Anaheim Municipal Code, the Planning Commission, by its Resolution No. PC2004-22, initiated Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 (for the purpose of presenting applications for study and consideration at a public hearing) for an approximate 26-acre area (hereafter referred to as the expansion area) located immediately south of the existing Specific Plan boundaries along the east and west sides of Harbor Boulevard between Orangewood Avenue and the southern City limits including properties fronting along the following streets (all frontage numbers are approximate): 1,363 feet adjacent to the west side and 2,641 feet adjacent to the east side of Harbor Boulevard; 626 feet adjacent to the south side of Orangewood Avenue, east and west of the centerline of Harbor Boulevard, 371 feet adjacent to the north and south sides of Wilken Way, east of the centerline of Harbor Boulevard; and, 850 feet adjacent to the north side of Chapman Avenue, east of the centerline of Harbor Boulevard. Property addresses include 2101-2207 South Harbor Boulevard, 2100-2340 South Harbor Boulevard, 500-510 and 614 West Orangewood Avenue, 450, 460 ad 620 West Wilken Way, and 421, 503, and 531 West Chapman Avenue, located in the City of Anaheim, County of Orange, State of California and as depicted in Attachment A to this Resolution; and WHEREAS, as part of the General Plan Update, the General Plan land use designation for the expansion area is proposed to change from General Commercial to Commercial Recreation; and that Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 would amend said document to be consistent with the revised General Plan land use designation; and WHEREAS, the expansion area is located adjacent to the approximate 1,052-acre Anaheim Resort, which is designated on the City of Anaheim General Plan for Commercial Recreation land uses; and WHEREAS, Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 is proposed to revise the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating the subject properties within the expansion area from the CL (Commercial, Limited), CH (Commercial, Heavy), CG (Commercial, General), RSA-43,000 (Residential/Agricultural), and PLD-M (ParkinglLandscape District -Manufacturing) Zones to the SP92-2 (Anaheim Resort Specific Plan, C-R District) Zone; amend Chapter 18.48 of the Anaheim Municipal Code (Section 7.0 (Zoning and Development Standards) of the Specific Plan) to reflect said reclassification as set forth in Zoning Code Amendment No. 2004-00029; and, incorporate an Addendum (Attachment B) to the Anaheim Resort Specific Plan document; and WHEREAS, the Specific Plan identifies maximum development densities far all properties in the Zone, and that the subject properties are proposed to be designated "Low Density" allowing up to 50 hotel/motel rooms per gross acre or 75 hotel/motel rooms per lot or parcel existing on the date of adoption of said Specific Plan Amendment, whichever is greater; and WHEREAS, the Anaheim City Planning Commission did hold a publiohearng at the Anaheim Civic Center, 200 South Anaheim Boulevard on April 19, 2004, at 1:30 P.M., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against said Specific Plan Amendment and investigate and make findings and recommendation in connection therewith; and WHEREAS, The Anaheim City Planning Commission, after due consideration, inspection, investigation and study made by itself and on its behalf, and after due consideration of all evidence and reports offered at said hearing, does find .and determine the following facts: A. That the property proposed for this specific plan has unique site characteristics such as topography, location or surroundings which are enhanced by special land use and development standards in that it is located immediately adjacent to the existing Anaheim Resort Specific Plan area. Development of visitor-serving uses in accordance with the Specific Plan development standards along Harbor Boulevard between Orangewood Avenue and the southern city limits would provide for enhanced aesthetics and visitor- serving opportunities along this corridor which provides an entry to The Anaheim Resort. B. That the proposed specific plan is consistent with the goals and policies of the Anaheim General Plan as amended and with the purposes, standards, and land use guidelines therein in that the expansion area is proposed to be redesignated to the Commercial .Recreation land use designation as part of the General Plan Update Program. The proposed amendment would implement the Commercial Recreation land use designation, goals and policies. C. That the proposed specific plan results in development of desirable character which will be compatible with existing and proposed development in the surrounding neighborhood in that incorporation and reclassification of the expansion area into the Anaheim Resort Specific Plan would encourage development of new quality facilities which complement the existing convention and visitor-serving uses in The Anaheim Resort and provide for the amendment area to be developed with enhanced development and sgnage standards. The proposed Specific Plan Amendment standards also address development standards (i.e., height and setback requirements) to minimize the impact of commercial development on adjacent residential neighborhoods. D. That the proposed specific plan amendment contributes to a balance of land uses in the City of Anaheim in that the proposed amendment would provide for the extension of Anaheim Resort visitor-serving uses along Harbor Boulevard to the southern city limits and would provide for a balance of land uses by providing a compatible transition between residential and commercial uses. E. That the proposed specific plan respects environmental and aesthetic resources consistent with economic realities. The expansion area would be subject to the Anaheim Resort Specific Plan zoning and development standards (as proposed for amendment) and design guidelines and Mitigation Monitoring Program 0085A. WHEREAS, the proposed Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 legal description (Attachment A) and Addendum (Attachment B) are attached to this resolution and incorporated herein; and WHEREAS, proposed changes to the Anaheim Resort Specific Plan No. 92-2 Zoning and Development Standards reflecting the reclassification of the subject properties are incorporated into Zoning Code Amendment No. 2004-00029 and are incorporated herein. WHEREAS, Draft EIR No. 330 and the Mitigation Monitoring Programs associated with the project ("Draft EIR No. 330") were prepared in conjunction with General Plan Amendment No. 2004-00419, Zoning Code Amendment'No. 2004-00029, Reclassification No. 2004-00117, Amendment No. 5 to The Anaheim Resort Specific Plan No. 92-2 (SPN 2004-00023), Amendment No. 2 to the Northeast Area Specific Plan No. 94-1(SPN 2004-00024), and other related actions (the "Proposed Actions') for Planning Commission Consideration; and WHEREAS, the Planning Commission independently reviewed and considered graft EIR No. 330, and the evidence submitted, including the evidence presented in the Staff Report to the Planning Commission dated April 19, 2004, and oral and written evidence presented at the Planning Commission's public hearing; and WHEREAS, the Planning Commission recommended that the City Council independently review and analyze Final EIR No. 330 and find that it reFlects the independent judgment of the City Council, and unless additional or contrary information is received during the public review period or presented at its public hearing, determine that Final EIR No. 330, and the Mitigation Monitoring Programs associated with the project (Attachment 10 of the Staff Report), The Platinum Triangle (Attachment 11 of the Staff Report), and The Anaheim Resort (Attachment 12 of the Staff Report) are in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation far the Proposed Actions. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above Endings, the Anaheim City Planning Commission does hereby recommend that the City Council of the City of Anaheim take the following actions: A. Approve Amendment No. 5 to the Anaheim Resort Specific Plan No. 92-2 to: 1. Revise the legal description and the depiction of the Legal Description Areas set forth as Attachment A to Ordinance No. 5454 to add the expansion area as set forth in Attachment A to this Resolution, which attachment is incorporated herein by this reference; and, 2. Incorporate an Addendum into ^r'ie Anaheim Resort Specific Plan No. 92-2 document as set forth in Attachment B to this Resolution, which attachment is hereby incorporated herein as though set forth in full. B. Authorize the amendment to the Zoning Map of The Anaheim Municipal Code to exclude the above described properties from the CL (Commercial, Limited), CH (Commercial, Heavy), CG (Commercial, General), RS-A-43,000 (Residential/ Agricultural), and PLD-M (Parking/Landscape District - Manufacturing) zones to the SP92-2 (Anaheim Resort Specific Plan, C-R District with a Low Density designation) zone, upon the following conditions of approval which are hereby found to be a necessary prerequisite to the proposed uses of the subject property in order to preserve the safety and general welfare of the citizens of the City of Anaheim: 1. That completion of these reclassification proceedings to amend the Anaheim Resort Specific Plan No. 92-2 is contingent upon the City Council's adoption of General Plan Amendment No. 2004-00419 and Zoning Code Amendment No. 2004-00029. 2. That the expansion area shall be subject to all of the conditions of approval adopted by City Council on September 27, 1994 in connection with the prior approval of the Anaheim Resort Specific Plan No. 92-2 as set forth in Ordinance No. 5454 and incorporated herein by reference. 3. That the expansion area shall be subject to all of the mitigation measures in Mitigation Monitoring Plan No. 0085A as set forth by General Plan Amendment No. 2004-00419 and its associated Final EIR No. 330 and incorporated herein by reference. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon compliance with each and all of the conditions hereinabove set forth. Should any such condition, or and part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approval herein contained, shall be deemed null and void, BE IT FURTHER RESOLVED that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject 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 discretion. THE FOREGOING RESOLUTION was adopted at the Anaheim City Planning Commission meeting of April 19, 2004. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION RESOLUTION NO. PC 2004- Attachment A Anaheim 12esort Specific Plan Expansion Area Legal ®escription - s2s ' w 0 J J Q w J m (Z O m Q Attachment A Legal Description ORANGEWOOD AVE. ANAHEIM RESORT SPECIFIC'PLAN EXPANSION AREA LEGEND ®Anaheim Resort Specific Plan m a ~ Anaheim Resort Specific PIan m ¢ o N Expansion Area C O ¢ W F: m 0 75 150 30~ee1 Mao Crealetl March 29. 290d 5 CLIFFWOOD AVE u L~ N N 135' r ~ rn ~ > O 238 ` a o ¢ F m a n 101 ' ~ ¢ o ~ i9 418' > w J WILKEN WAY ¢ w n O 371' N V m SIMMC m io I TILLER AVE 848' CNAPMAN AVENUE I200A(2000aa5 Attachment ~ Addendum to the Anaheim Resort Specific Plan No. 92-2 Anaheim Resort Expansion Area Specific Plan Amendment No. 5 On June _, 2004, The Anaheim City Council adopted Ordinance No. approving Amendment Nq. 5 to the Anaheim Resort Specific Plan No. 92-2, incorporating approximately 26.4 acres along Harbor Boulevard, south of Orangewood Avenue, to the Anaheim City Limits (see Exhibit A -Specific Plan Expansion Area), into the approximate 555-acre Anaheim Resort Specific Plan Zone, C-R District (see Exhibit B -Development Summary Plan), increasing The Anaheim Resort to 1,078 acres (See Exhibit C -The Anaheim Resort Boundaries). Land Use Existing land uses within the expansion area at the time of the amendment include a mix of commercial uses including hotels, restaurants, retail and professional offices (see Exhibit D -Existing Land Use). Zoning Designations Prior to reclassification to the SP92-2 (Anaheim Resort Specific Plan No. 92-2) Zone, properties within the expansion area were designated CL (Commercial, Limited), CH (Commercial, Heavy), CG (Commercial, General), RSA-43,000 (Residential/Agricultural), and PLD-M (Parking/Landscape District -Manufacturing) (see Exhibit E -Zoning Prior to Reclassification to the SP 92-2 Zone). Development Density The expansion area is designated Low Density (see Exhibit F - C-R District Development Density Plan), which allows for up to 50 hotel/motel rooms per gross acre or 75 hotel/motel rooms per lot or parcel existing on the date of adoption of Amendment 5, whichever is greater. This density designation will allow for up to approximately 2,775 hotel/motel rooms to be built in the expansion area and up to approximately 28,675 hotel/motel rooms to be built within the Anaheim Resort Specific Plan area. Public FacilitieslMitigation Monitoring Program EIR No. 330 in conjunction with GPA 2004-00419 (2004 General Plan Update) analyzed public improvements and other related environmental impacts for the amended area. Mitigation Monitoring Program No. 0085A was created for the amended area and specific mitigation monitoring plans will be created, incorporating mitigation measures within the monitoring program, for new development within the amended area. Public Realm The Public Works Department will determine improvements required within the public realm. For further information, please contact the Public Works Department. Building Height Limitations The maximum structural height of any building or structure within the expanded area, including roof-mounted equipment, shall not exceed the maximum height defined by the Anaheim Commercial Recreation Area Maximum Permitted Structural Height Map for the intersection of Harbor Boulevard and Orangewood Avenue; however, any building located adjacent to a residential zone is limited to a maximum building height equal to one-half the distance from the building to the residential zone boundary, unless otherwise approved by a conditional use permit. Building Setbacks Adjacent to Public Right-of-Wav The minimum building setback along Harbor Boulevard, Orangewood Avenue and Chapman Avenue is consistent with setback requirements for properties located adjacent to Major, Primary and Secondary Arterial Roads. The minimum setback for buildings seventy-five feet tall or less shall be 20 feet; for buildings greater than seventy-five feet, the minimum setback shall be 30 feet. The minimum building setback adjacent to Acama Street, Mallul Drive and Wilken Way are consistent with setback requirements for local streets. The minimum setback for buildings three stories or less shall be ten feet; for buildings greater than three stories, the minimum setback shall be twenty feet. Tree Density Tree densities within required setbacks along Harbor Boulevard, Orangewood Avenue and Wilken Way shall be "Moderately Dense", with the exception of that portion of Wilken Way where said street is also the boundary of the specific plan; setbacks along this boundary and all other setbacks of the amended area that are adjacent to the specific plan boundary shall have a tree density of "Very Dense" (see Exhibit G -Tree Density Plan). Leoal Non-Conformino Sions Signs and/or any other advertising displays or structures which do not comply with the Anaheim Resort Specific Plan shall be removed, altered or replaced within fifteen years after the adoption of Amendment No. 5 oron or before December 31, 2019, whichever is later. However, the abatement will not be required unless the owner of said sign has received advance written notice from the Planning Director requiring the removal or alteration of sign. 626' W J 7 J J Q N ~~ Q J W J Q m m Q _ ,65; N N ,,.. ~~~ m O 478' 371' N V m 848' CHAPMAN AVENUE ~ } (7 O O Q Q WILKEN WAY m m Q Y w J H w O TILLER AVE ~ 1200A(2000-0-14f Exhibit B DEVELOPMENT SUMMARY PLAN ROAD r I Legend _.. . ,The Anaheim Reson Development Districts n~~ C-R (Development Area i) P-R (Development Area 2) Mobilehome Park (MHP) Overlay Zone within the C-R District ,® Central Core ®®® Designated for Future Extension in General Plan Circulation Element N n a~ sss r.zRoa~ W~~Z~-P Mep GreeleP FeLmary 10.2004 S u Exhibit C THE ANAHEIM RESORT BOUNDARIES __. Legend L ~ j The Anaheim Resort The Anaheim Resort Specific Plan ® Expansion Area ®®®Designated for Future Extension in General Plan Circulation Element N n aoo sa0 i2Rpe ~ W -- E Map Crealetl: February ID, 2004 ryc~YF` x`929 > S~~ ~ F9 O ~F m ®m C ®® Exhibit D ~ ORANGEWOOD AVE. EXISTING LAND USE ~~r~~~< w ~ , ~ ~ ~ ~~ ,_ ~~~ ~ . ~~~~~ ~ ~ LEGEND ~3 ~` ~`~~~ ~~~ ~ jThe Anaheim Resort > ~-~ ~`~ ~ ~ ~~~~ ~~' ~ ~oThe Anaheim Resort Specific Plan o ~ ;, ~ j F ,~` ~. : a z Land Use ~ ~ r= ~ ~..s„ a ~ o ~~ ~~~ ~~ OCommercial BLUEB J ~ ~ ~` ~~~ w ' ~ O a ¢ ' '` "" m ~ ` " ~ Office , ~ .. ;~ z.3 ~ m ` .. ~.,~sw' ,fie; RV Park ~, - .. , ~ ~'~~`^~~~ ~ ~ ~~`~~~ Q Service/Hotel N r ''~ ~ '~z O m . ~'' ~~ ~ " ~~- l ' ~ E,:.; ~ I . CLIFFWOOD AVE mep Creetea: r=eemory le. zona CLIFF 'S ~,P ...-'' S # i F S~y~ f r$ # ~~~ ~ j t f+ ~ ~ 1 Q ~ ~~ fli ~ Q ~ . s'~._tJf 15 q '~ ~ R ~ - ^ - ®®®®®®® W J WILKENWAY - - O ~ ~ b3'E n~„'FK F' - ( "~ SIMM _ r ~ I 4ll ~ ~ _ _ -_ _ a = - r-_' _ ..:~~~?_= r: ~:'.~i: ~_•:_.'- TILLER AVE ti_:':= 1. .'. ~_'.j,>: ~w:'_=C•::~_S-_': `,,~I:_;L . 1 x S m ~ SIRIUS AVE 0 - - - 3 ~.. ,,` _ ~ ~ _- - ~,,::: ~~- _ I~-~'j~ ~ LJ I[ ~~ U _ _ __ _- CHAPMAN AVENUE 12000(20044-14) Exhibit F C-R DISTRICT DEVELOPMENT DENSITY PLAN LEGEND ®The Anaheim Resort DEVELOPMENT DENSITY ® Convention Center Medium s_K: Low Density ' ® Low-Medium Density ® Medium Density ®®m Designated for Future Extension in General Plan Circulation Element N 0 300 600 12(~p Feel W ~ li Map Created February 10, 2003 ® ~ ~1LLL.L.LJJ.J_LLJ C CONVENTION WAY 1 LAMARK pR 1 BLt1EEELL AVE I CLIFFW000 qVE ~ J 0 Q J W Ct m O: O m Q Q 2 BLUE6ELL AVE WILKEN WAY Exhibit G TREE DENSITY PLAN LEGEND °, The Anaheim Resort rm JThe Anaheim Resort Specific Plan TREE DENSITY ® Moderately Dense Very Dense N 0 top 200 40~Be1 WE Map Crealetl: February 18.2004 $4444"'' WILKEN WAY ~~ ':i~~ AVE ~~ ~~~~~~ ~ ~~ CHAPMAN AVENUE d ORANGEWOOD AV E. Attachment 14-E Amendment No. 2 to the Northeast Area Specific Plan No. 9-1 RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL: (1) ADOPTION OF AMENDMENT NO. 2 TO THE NORTHEAST AREA SPECIFIC PLAN NO. 94- 1,INCLUDING AMENDING RELATED EXHIBITS, AND (2) RECLASSIFICATION OF CERTAIN PROPERTY FROM DEVELOPMENT AREA 5 "COMMERCIAL AREA" TO DEVELOPMENT AREA 2 "EXPANDED INDUSTRIAL AREA", AND FROM DEVELOPMENT AREA 3 "LA PALMA CORE" TO DEVELOPMENT AREA 5 "COMMERCIAL AREA" WHEREAS, on August 22, 1995 the City Council of the City of Anaheim approved Resolution No. 95R-155 to approve Specific Plan No. 94-1, the Northeast Area Specific Plan, for the 2,645-acre area generally bounded by the Riverside (SR-91) Freeway on the south, the Orange (SR-57) Freeway on the west, Orangethorpe Avenue on the north and Imperial Highway on the east; and that on September 12, 1995 the City Council adopted Ordinance Nos. 5517 and 5518 to add Chapter 18.110 "Specific Plan No. 94-1 (SP 94-1) -Northeast Area' to the Anaheim Municipal Code relating to zoning and development standards for the Northeast Area Specific Plan, and to amend the Zoning Map by incorporating said 2,645-acre area into the SP 94-1 zone WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5563 amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive vehicle repair as conditional uses in Development Area 4 "Transit Core" of the Northeast Area Specific Plan ("Adjustment No. 1 "); and WHEREAS, on June 4, 1996 the City Council adopted Ordinance No. 5564 amending Ordinance No. 5517 and Chapter 18.110 to permit service stations and automotive vehicle repair as conditional uses in Development Area 4 "Transit Core' of the Northeast Area Specific Plan ("Adjustment No. 2"); and WHEREAS, on June 11, 1996 the City Council adopted Ordinance No. 5565 amending Ordinance No. 5517 and Chapter 18.110 pertaining to eating and drinking establishments in the Northeast Area Specific Plan ("Adjustment No. 3"); and WHEREAS, on August 20, 1996 the City Council adopted Ordinance No. 5574 amending Ordinance No. 5517 and Chapter 18.110 relating to deleting a time limitation for churches in the Northeast Area Specific Plan ("Adjustment No. 4"); and WHEREAS, on January 11, 2000 the City Council adopted Ordinance No. 5714 amending Ordinance No. 5517 and Chapter 18.110 relating to self service laundries in the Northeast Area Specific Plan ("Adjustment No. 5"); and WHEREAS, on April 18, 2000 the City Council adopted Ordinance No. 5728 amending Ordinance No. 5517 and Chapter 18.110 to amend the boundaries of Development Area 5 (Commercial Area) and Development Area 2 (Expanded Industrial Area) at the northwest corner of La Palma Avenue and Hancock Street in the Northeast Area Specific Plan ("Amendment No. 1 "); and WHEREAS, on April 24, 2001 the City Council adopted Ordinance No. 5761 amending Ordinance No. 5517 and Chapter 18.110 relating to asphalt and concrete processing in the Northeast Area Specific Plan ("Adjustment No. 6"); and WHEREAS, on May 1, 2002 the City Council adopted Ordinance No. 5767 amending Ordinance No. 5517 and Chapter 18.110 relating to requirements for freeway-oriented signs in the Northeast Area Specific Plan ("Adjustment No. 7"); and WHEREAS, on August 6, 2002 the City Council adopted Ordinance No. 5817 amending Ordinance No. 5517 and Chapter 18.110 to allow hospitals as conditional uses Development Area 3 (La Palma Core) and Development Area 4 (Transit Core) in the Northeast Area Specific Plan ("Adjustment No. 8"); and WHEREAS, on June 17, 2003 the City Council adopted Ordinance No. 5865 amending Ordinance No. 5517 and Chapter 18.110 to allow new vehicle conversions in Development Area 3 (La Palma Core) in the Northeast Area Specific Plan ("Adjustment No. 9"); and WHEREAS, this City-initiated petition for Amendment No. 2 to the Anaheim Northeast Area Specific Plan (Anaheim Canyon Business Center) relating to five areas is as follows: (A) Thirteen (13) properties situated on 23.77 acres with frontages on White Star Avenue, Armando Street, La Mesa Street, and Kraemer Place. Property addresses include 1000-1010, 1040, 1021, 1050 - 1086, and 1041 North Kraemer Place; 2671, 3025 - 3035 East La Mesa Avenue; 2929 - 2931 East White Star Avenue; 1015, 1020, 1030 - 1045, and 1050 North Armando Street; (B) One (1 ), 3:91-acre property located at the southeast corner of La Palma Avenue and Shepard Street, having frontages of 283 feet on the south side of La Palma Avenue and 585 feet on the east side of Shepard Street. Property address is 3210 East La Palma Avenue (deleted); (C) Three (3) properties situated on 16.99 acres located 1,698 feet east of the centerline of Shepard Street, having a frontage of 461 feet on the south side of La Palma Avenue and a maximum depth of 1,180 feet. Property addresses include 3362, 3364, and 3366 - 3370 East La Palma Avenue; (D) Eleven (11) properties situated on 4.42 acres located on the north of La Palma Avenue, east of Lakeview Avenue, and at the southeast corner of La Palma Avenue and Lakeview Avenue, including four (4) properties located 276 feet east of the centerline of Lakeview Avenue and having a frontage of 331 feet on the north side of La Palma Avenue, and seven (7) properties located at the southeast corner of La Palma Avenue and Lakeview Avenue, having a frontage of 689 feet on the south side of La Palma Avenue, and 197 feet on the east side of Lakeview Avenue. Property addresses include 4506, 4510, 4520, 4527, 4530, 4531, 4545, 4600, 4601 and 4616 - 4618 East La Palma Avenue; and, (E) Three (3) properties situated on 15 acres located 578 feet west of the centerline of Imperial Highway, having a frontage of 561 feet on the south side of La Palma Avenue. Property addresses include 5500, 5510, and 5620 East La Palma Avenue. WHEREAS, as part of the General Plan Update, the General Plan land use designations for the area are proposed to change from General Commercial and General Industrial to General Industrial, General Commercial, and Office Low; and that this .amendment to the Northeast Area Specific Plan would amend the development area boundaries to reflect the revised General Plan land use designations. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed Amendment No. 1 and to investigate and :make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That Development Area 2 is intended to provide for increased opportunities for a mix of light industrial, corporate headquarters, and research and development uses with essential support services at strategic locations; and that the underlying base zone used for land uses and development standards is ML (Limited Industrial). 2. That Development Area 3 is intended to provide for opportunities for the development of a mix of land uses designed to take advantage of the excellent Riverside (SR-91) Freeway visibility and proximity to the commuter rail station at La Patma and Tustin Avenues, in addition to increased opportunities for a mix of light industrial, corporate headquarters, and research and development uses with essential support services at strategic locations; and that the underlying base zone for this area is the ML (Limited Industrial). 3. That Development Area 5 is intended to provide for and encourage the orderly development of commercial retail areas throughout the Specific Plan Area which serve the demand for a wide variety of goods and services; and that the underlying base zone used for land uses and development standards and is CL (Commercial, Limited). 5. That the proposed amendment is consistent with the goals and policies of the Anaheim General Plan and with the purposes, standards, and land use guidelines therein, and will encourage high quality development compatible with the surrounding area. 6. That the proposed amendment will result in development of desirable character and will contribute to a balance of land uses, which will be compatible with existing and proposed development in the surrounding neighborhood. 7. That the proposed amendment respects environmental and aesthetic resources consistent with zoning and development standards and with economic realities. 9.That the proposed amendment will encourage the assemblage of property to provide for a comprehensively planned project, WHEREAS, Draft EIR No. 330 and the fvtitigation Monitoring Programs associated with the project ("Draft EIR No. 330") were prepared in conjunction with General Plan Amendment No. 2004-00419, Zoning Code Amendment No. 2004-00029, Reclassification No. 2004-00117, Specific Plan Amendment No. SPN 2004-00023 (Amendment No. 5 to The Anaheim Resort Specific Plan No. 92-2), Specific Plan Amendment No. SPN 2004-00024 (Amendment No. 2 to the Northeast Area Specific Plan No. 94-1, and other related actions (the "Proposed Actions") for Planning Commission Consideration; and WHEREAS, the Planning Commission independently reviewed and considered Draft EIR No. 330, and the evidence submitted, including the evidence presented in the Staff Report to the Planning Commission dated April 19, 2004, and oral and written evidence presented at the Planning Commission's public hearing; and WHEREAS, the Planning Commission recommended that the City Council independently review and analyze Final EIR No. 330 and find that it reflects the independent judgment of the City Council, and unless additional or contrary information is received during the public review period or presented at its public hearing, determine that Final EIR No. 330, and Mitigation Monitoring Programs associated with the project (Attachment 10 to the Staff Report), The Platinum Triangle (Attachment 11 to the Staff Report), and The Anaheim Resort (Attachment 12 to the Staff Report) are in Compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Proposed Actions. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, the Anaheim City Planning Commission does hereby recommend that the City Council of the City of Anaheim take the following actions: A. Adopt Amendment No. 2 to the Northeast Area Specific Plan (Anaheim Canyon Business Center), including amended Exhibit No. _ (Development Areas), contained in the Specific Plan document; and B. Adopt an ordinance to reclassify the subject property from Development Area 5 "Commercial Area" to Development Area 2 "Industrial Area' and Development Area 3 "La Palma Core" to Development Area 5 "Commercial Area" of Specific Plan No. 94-1. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, , 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 April 19, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION Attachment 14-F _ __ Etesolution for the Termination of ®eveloprnent Agreement No. 91-01 RESOLUTION NO. PC A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION -- - -- RECOMMENDING TO THE CITY COUNCIL INTRODUCTION AND ADOPTION OF AN ORDINANCE TO TERMINATE BY CANCELLATION DEVELOPMENT AGREEMENT NO. 91-01 AND APPROVE AND ENTER INTO AN AGREEMENT WITH THE IRVINE COMPANY TO SET FORTH THE TERMS OF THE MUTUAL CONSENT TO CANCEL DEVELOPMENT AGREEMENT NO. 91-01 (MOUNTAIN PARK COMMUNITY) WHEREAS, on September 10, 1991, the City Council of the City of Anaheim adopted Resolution Nos. 91 R-263 and 91 R-264 approving the Mountain Park Specific Plan No. 90-4 and certifying Environmental Impact Report No. 302 to provide a comprehensive plan of land use regulations, conditions of approval and mitigation measures for development of the approximate 3,179-acre Mountain Park Specific Plan area with up to 7,966 residential dwelling units, 179 acres of commercial uses, schools, parks, public facilities and open space; and WHEREAS, on September 10, 1991, the City Council adopted Ordinance No. 5253 to reclassify the property to the Mountain Park Specific Plan No. 90-4 Zone and Ordinance No. 5254 to establish the zoning and development standards for the Mountain Park Specific Plan as part of Chapter 18.76 of the Anaheim Municipal Code; and WHEREAS, on October 7, 1991, the Anaheim City Planning Commission determined pursuant to Resolution No. PC91-152, that The Irvine Company demonstrated eligibility to enter into Development Agreement No. 91-01, that the proposed Development Agreement was consistent with the General Plan of the City of Anaheim; compatible with the uses authorized in and the regulations prescribed for in the applicable zoning district; compatible with the orderly development of property in the surrounding area; and, not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim; and recommended that the City Council approveand enter into Development Agreement No. 90-01; and WHEREAS, on November 5, 1991, the City Council adopted Ordinance No. 5271 authorizing the City to enter into Development Agreement No. 91-01 between the City of Anaheim and The Irvine Company; and WHEREAS, on June 2, 1992, Development Agreement No. 91-01 was executed between the City of Anaheim and The Irvine Company and recorded in the Official Records of Orange County; and WHEREAS, the Mountain Park Specific Plan No. 90-4 area encompasses approximately 3,179 acres, including 2,339 acres which have been annexed to the City of Anaheim and 840 acres of unincorporated land located within the County of Orange in the City of Anaheim's sphere-of-influence, and which property is generally located in Gypsum Canyon, bordered on the north by the Riverside (SR-91) Freeway and the Gypsum Canyon Road interchange, on the west by The Summit of Anaheim Hills and Sycamore Canyon developments, on the south by unincorporated property within the County of Orange in the City of Orange's sphere-of-influence, and on the east by the 697-acre Cypress Canyon Specific Plan area; and WHEREAS, as part of the General Plan Update Program, The Irvine Company requested that the City study the Irvine Company's contemplated revision to the Mountain Park Specific Plan No. 90-4 to redesignate the Mountain Park land uses for up to 2,500 residential units (485 units in the Low Medium Hillside Density Residential designation and 2,015 units in the Low Medium Density Residential designation), a fire station site, a park site, a school site, trails and open space, which amended land uses are depicted and evaluated in the proposed General Plan and associated Environmental Impact Report No. 330; and WHEREAS, pursuant to the terms of the Development Agreement, the City is precluded from taking action on amending the General Plan designations for the Mountain Park property without the consent of The Irvine Company or pursuant to a termination or cancellation of the Development Agreement in accordance with the City's Procedures Resolution and the terms of the Development Agreement; and WHEREAS, pursuant to authority set forth in California Government Code Section 65864, et seq., The Irvine Company, has requested the City to terminate by cancellation Development Agreement No. 91-01 between the City of Anaheim and The Irvine Company; and WHEREAS, pursuant to Sections 2.1 and 2.2 of the Procedures Resolution, the Anaheim City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on April 19, 2004 at 1:30 p.m., notice of the City's intention to cancel the Development Agreement No. 91-01 at a public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03 and the City's Development Agreement Procedures Resolution No. 82R-565, to hear and consider evidence for and against said proposed cancellation of Development Agreement No. 91-01 and to investigate and make findings and recommendations in connection therewith; and WHEREAS, pursuant to the Procedures Resolution, said Commission, after due consideration, 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 that The Irvine Company has consented to cancellation of Development Agreement pursuant to the terms set forth in the draft Agreement attached as Exhibit No. 1 to this Resolution; and WHEREAS, the Anaheim City Planning Commission has reviewed the request to terminate by cancellation Development Agreement No. 91-01 and the Initial Study and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency; and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that its recommendation to the City Council on the project (cancellation of Development Agreement No. 91-01) will have a significant effect on the environment; and WHEREAS, the Planning Commission recommends that the City Council independently review and analyze the Negative Declaration, the Initial Study and related documentation and evidence and find that the Negative Declaration reflects the independent judgment of the City Council, and unless additional or contrary information is presented, determine that there is no substantial evidence that the project (cancellation of Development Agreement No. 91-02) will have a significant effect on the environment, and that the Negative Declaration is adequate to serve as the required environmental documentation for the project. NOW THEREFORE, BE IT RESOLVED, that pursuant to the above recitals, the Anaheim City Planning Commission does hereby recommend that the City Council introduce and adopt an Ordinance to terminate (by cancellation) Development Agreement No. 91-01 between the City of Anaheim and The Irvine Company and, further, that the City Council approve and enter into the Agreement with The Irvine Company substantially in the form attached as Exhibit 1. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 19, 2004. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 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 , 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION Attachment 14-1=, Exhibit 1 ®ra Cancellation of ®evelopment Agreement DRAFT [Format for Recorded Document] Agreement for Mutual Consent For Cancellation of Development Agreement Pursuant to California Government Code Section 65868 This Agreement setting forth the mutual consent of the parties to the cancellation of the Development Agreement is entered into as of the date written below by and between the City of Anaheim ("City") and The Irvine Company ("Owner") 1. The parties entered into a Development Agreement (the "Development Agreement") pursuant to California Government Code Section 65864 et seq. on or about November 5, 1991, applicable to the property (the "Property") described as Exhibit A to that Agreement. The Development Agreement was recorded in the Official Records of Orange County, California on June 2, 1992, as Document Number 92-268311. 2. The parties desire to cancel this Development Agreement on the terms and conditions .set forth in below, and intend this document to be their mutual consent to cancellation of the agreement pursuant to Government Code Section 65868, provided the conditions set forth below are met. Owner wishes to cancel the Development Agreement contingent upon the City's amendment of its General Plan as it relates to the Property as set forth in this Agreement ,and the City wishes to ensure that the Development Agreement is cancelled and no longer in effect if said General Plan Amendment as it relates to the Property is adopted by the City Council and becomes effective. 3. The Development Agreement shall be cancelled, void and of no further force and effect whatsoever upon the parties, their successors in interest and/or any other person, provided both of the conditions set forth in this Agreement Section 4 and 5 below occur by June 1, 2005 and this Agreement for Mutual Consent for Cancellation is recorded with the County Recorder, unless the deadline for recordation is extended by written mutual consent of the parties. 4. The City is currently processing a General Plan revision designated as the March 2004 Draft City of Anaheim General Plan and associated Draft Environmental Impact Report No. 330 (State Clearinghouse Number SCH # 2003041105) on file with the City of Anaheim Planning Department which contains, among other items a revised set of general plan land use designations and other changes directly applicable to the Property. The March 2004 Draft City of Anaheim General Plan will be considered by the City of Anaheim Planning Commission on April 19, 2004, and this version is hereinafter referred to as the "March 2004 Draft." Upon (a) the City's adoption of a General Plan Amendment which includes all material aspects of the General Plan as set forth in the March 2004 Draft or as otherwise agreed in writing by Owner and City, and (b) the date that such adoption can no longer be challenged by litigation (whether by the expiration of all applicable statutes of limitations without a lawsuit or the successful defense by the City of any lawsuit, Owner shall be deemed to have granted its consent to the cancellation of the Development Agreement. Unless and until the both (a) and (b) occur, the Owner shall not be deemed to have consented to the cancellation of the Development Agreement. This Agreement shall be void if both (a) and (b) have not occurred on or before June 1, 2005. 5. Owner and the City must duly comply with applicable provisions for cancellation of a development agreement under Government Code Sections 65868 and 65867, and Resolution No. 82R-565 eskablishing procedures and requirements for development agreements (the "Procedures Resolution"), including providing notice of its intention to cancel the Development Agreement, in order for the cancellation to be effective. The parties acknowledge that the Procedures Resolution uses the term "termination" of development agreement rather than "cancellation", and will use the terms "cancellation" and "termination" synonymously to harmonize the provisions of this Agreement and the City's procedures. 6. Provided that the conditions set forth in Section 3, 4 and 5 above are satisfied, the Development Agreement shall be cancelled upon the effective date of the ordinance canceling said agreement, and the cancellation shall be duly recorded by the City Clerlc as set forth in the Procedures Resolution. 7. Upon cancellation of the Development Agreement the City shall record this Agreement for Mutual Consent for Cancellation with the County Recorder. IN WITNESS WHEREOF, the Parties have set forth their signatures below: City of Anaheim By: Its: The Irvine Company By: Its: