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PC 2004/08/231 l ni issi n n a • Call To Order Monday, August 23, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard. Anaheim. California • Chairperson: Gail Eastman • Chairperson Pro-Tempore: David Romero • Commissioners: Kelly Buffa, Cecilia Flores, Jerry O'Connell, Pat Velasquez, James Vanderbilt-Linares Planning Commission Morning Session 11:00 A.M. • Discussion Regarding Changing the Planning Commission Meeting Time • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the August 23, 2004 agenda • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 1:30 P.M. For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following a-mail address.. planningcommissionna anaheim.net H:ldocs\clerical\agendas\082304.doc 08-23-04 Page 1 Anaheim Planning Commission Agenda -1:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The Report and Recommendation 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 andlor removed from the Consent Calendar for separate action. Reports and Recommendations 1A. Receiving and approving the Minutes from the Planning Commission Meeting of August 9, 2004. (Motion) 1B. Receiving and approving supplemental detailed Minutes for Item No. 5 from the Planning Commission Meeting of August 9, 2004, pertaining to The Platinum Triangle Master Land Use Plan and related items. (Motion) 1 C. (a) CEQA Environmental Impact Report No. 330 (Prev. Certified) (b) Zoning Code Amendment No. 2004-00034 Location: Citywide. The City of Anaheim is surrounded by the cities of Fullerton, Placentia and Yorba Linda to the north; unincorporated Orange 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 approximately 50 square miles. City-initiated (Planning Department) request to amend various sections of Title 18 (Zoning) of the Anaheim Municipal Code to correct various errors and omissions, clarify certain text, modify the required parking standards for Attached Single-Family Dwellings (18.42.030 "Residential Parking Requirements"), and make it unlawful to maintain any construction, alteration or addition to any building or structure that was done without the required building permit (18.90.110.030 "Building Permits"). Revised: 08-t 9-04 Project Planner: Annika Santalahti (asan tat a hti (a)ana hei m. n et) sr6666as.doc 08-23-04 Page 2 Public Hearing Items: 2a. CEQA Negative Declaration 2b. Waiver of Code Requirement Request for 2c. Conditional Use Permit No. 2871 continuance to (Tracking No. CUP2004-04872) . September 20, 20~i4 Owner: Connelly S. Cornelia, 2323 West Broadway, Anaheim, CA 92804 Agent: Ron Sorenson, HGA Inc., 1613 Santa Clara Drive, Roseville, CA 95661 Location: 2323 West Broadway. Property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway, located 860 feet east of the centerline of Gilbert Street (Cornelia Connelly High School). Request to construct a new gymnasium in conjunction with an existing Project Planner. private educational institution with waiver of maximum structural height John Ramirez adjacent to a residential zone boundary (ioramrez(a)anaheim.neq . Continued from the August 9, 2004, Planning Commission Meeting. sr5112jr:doc Conditional Use Permit Resolution No. Q.S. 33 3a. CEQA Negative Declaration 3b. Waiver Of Code Requirement 3c. Conditional Use Permit No. 2004-04857 Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804 Agent: Chung Myung, 3380 Flair Drive, Suite 222, EI Monte, CA 91731 Location: 3026 West Ball Road. Property is approximately 0.41- acre, landlocked parcel located on the south side of Ball Road located 418 feet west of the centerline of Beach ' Boulevard. r2equest to permit a church within an existing residence with a separate accessory pastor's quarters with waiverp~ of: (a) minimum setback for Project Planner institutional uses abutting a residential zone boundary, and (b) minimum Della Herrick number of parking spaces (dherrickfa~anaheim.net) . Continued from the August 9, 2004, Planning Commission Meeting, sr8756(a)dh.doc Conditional Use Permit Resolution No. Q.S. 11 08-23-04 Page 3 4a. CEQA Negative Declaration 4b. Waiver Of Code Requirement 4c. Conditional Use Permit No. 2004-04876 Owner: Canyon Plaza, LLC. 503 32nd Street, Suite 200, Newport Beach, CA 92663 Agent: Jack Jakosky, 503 32"d Street, Suite 200, Newport Beach, CA 92663 Location: 5747 East Santa Ana Canvon Road Property is approximately 15 acres, located at the northeask corner of Santa Ana Canyon Road and Imperial Highway. Request to construct a freestanding building consisting of three commercial retail tenant spaces, roof-mounted equipment and outdoor dining area in conjunction with an existing commercial retail center with waiver of minimum number of parking spaces Conditional Use Permit Resolution No. 5a. CEQA Categorical Exemotion -Class 1 5b. Conditional Use Permit No. 2004-04875 Owner: Kaiser Foundation Hospital, 393 Easl Walnut Street, 2"d Floor, Pasadena, CA 91188 Agent: Brian Halle, 10022 Sunrise Lane, Santa Ana, CA 92705 Location: 3400 East La Palma Avenue. Property is approximately 13.6 acres, having a frontage of 470 feet on the south side of La Palma Avenue, located 697 feet west of the centerline of Grove Street. Request to permit the temporary outdoor storage of new automobiles. Conditional Use Permit Resolution No. Project Planner: John Ramirez (ioramirezCc~anaheim.net) sr5111jcdoc Q S 185 Project Planner: Amy Vazquez (avazcuez(o~anaheim net) sr8765av.doc Q.S. 150 Adjourn To Wednesday, September 8, 2004 At 11:00 A.M. For Preliminary Plan Review.. OS-23-04 Page 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: ~F:oo~~. (TIME) 8 -18 - o~-~ (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 TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearng 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 no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. OB-23-04 Page 5 SCFIEULE 2004 September 8 (Wed) ~~ September 20 ~~ October 4 October 18 ' November 1 November 15 November 29 December 13 December 27 OB-23-04 Page 6 [DRAFT] ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CERTAIN SECTIONS OF VARIOUS CHAPTERS OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE: AMENDING SECTIONS 18.04.070 AND 18.04.160 OF CHAPTER 18.04, SECTIONS 18.06.020, 18.06.030, 18.06.060, 18.06.110 AND 18.06.160 OF CHAPTER 18.06, SECTION 18:08.070 OF CHAPTER 18.08, TABLE 10-A IN SECTIONS 18.10.030 AND 18.10.070 OF CHAPTER 18.10, SECTION 18.14.120 OF CHAPTER 18.14, SECTION 18.22.040 OF CHAPTER 18.22, SECTION 18.24.030 OF CHAPTER 18.24, SECTION 18.28.050 OF CHAPTER 18.28, SECTION 18.30.160 OF CHAPTER 18.30, SECTION 18.36.030 pF CHAPTER 18.36, SECTIONS 18.38.060 AND 18.38.105 OF CHAPTER 18.38, AND SECTION 18.40.060 OF CHAPTER 18..40 RELATING TO ERRORS, OMISSIONS AND CLARIFICATION OF CERTAIN TEXT; AMENDING SECTION 18.42.030 OF CHAPTER 18.42 RELATING TO PARKING STANDARDS FOR ATTACHED SINGLE-FAMILY DWELLINGS; AMENDING SECTIONS 18.44.050, 18.44.090, 18.44.150 AND 18.44.210 OF CHAPTER 18.44, SECTION 18.56:040 OF CHAPTER 18.56, SECTION 18.60.130 OF CHAPTER 18.60, CHAPTER 18.80, AND TABLE 90-A IN SECTION 18.90.100 OP CHAPTER 18.90 RELATING TO ERRORS, OMISSIONS, AND CLARIFICATION OF CERTAIN TEXT; AMENDING SECTION 18.90.110 OF CHAPTER 18.90 RELATING TO THE UNLAWFUL MAINTENANCE OF BUII.DINGS OR STRUCTURES WHICH WERE CONSTRUCTED, ALTERED OR ADDED TO WITHOUT BUILDING PERMITS; AND AMENDING A GRAPHIC ILLUSTRATING "HEIGHT, STRUCTURAL" AS DEFINED IN SECTION 18.92.110 OF CHAPTER 18.92, SECTION 18.110.040 OF CHAPTER 18.110, SECTION 18.114.030 OF CHAPTER 18.114, SECTION 18.116.030 OF CHAPTER 18.116, AND SECTION 18.118.030 OF CHAPTER 18.118 RELATING TO ERRORS, OMISSIONS, AND CLARIFICATION OF CERTAIN TEXT. WHEREAS, on June 8, 2003, the City Council adopted Ordinance No. 5920 to amend Title 18 (Zoning) of the Anaheim Municipal Code in its entirety for the purpose ofimplementing the Land Use Element of the new Genera] Plan, updating the land uses and development standards, modifying the Code format to make it easier to find land use and development information, and assuring that the Code complies with state statues and other applicable laws; and that said amendment was designated as Zoning Code Amendment No. 2004-00029; and WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 (Zoning) may be amended to enhance and preserve the general welfare when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, pursuant to subsection .020 (Text Amendment) of Section 18.76.030 (Initiation) ofthe Anaheim Municipal Code, the Flanning Director did initiate an amendment to Title 18 for the purpose of (1) correcting various errors and omissions that have been identified, and clarifying certain confusing text in various sections of the recently updated Zoning Code, (2) modifying the required parking standazds for Attached Single-Family Dwellings (18.42.030 "Residential Parking Requirements"), and (3) making it unlawful to maintain any construction, alteration or addition to any building or structure that was done without the required building permit (18.90.1 t 0.030 "Building Permits"); and that City Staff has prepared the proposed amendments to Title 18 of the Anaheim Municipal Code designated as Zoning Code Amendment No.2004-00034; and WHEREAS, the Planning Commission, having independently reviewed and considered the evidence presented in the StaffReport to the Planning Commission dated August 23, 2004, including any oral and written evidence presented at the Planning Commission public meeting, did recommend that the City Council Zoning Code Amendment No.2004-00034; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ("CEQA") on May 25, 2004, the .Anaheim City Council, by its Resolution No. 2004-94, certified Final Environmental Impact Report No. 330 and determined that said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the independent judgement of the City Council, and is adequate to serve as the environmental documentation for Zoning Code Amendment No. 2004-00029 and for future discretionary actions described in Environmental Impact Report No. 330 including ;and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That subsection .030 of Section 18.04.070 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Accessory Buildings. Non-habitable accessory buildings, such as a garage, gazden or storage shed, shall not exceed a height of one (1) story or twelve (12) feet, whichever is less. Habitable accessory buildings, such as accessory living quarters, shall not exceed a height of one (1) story or fifteen (15) feet, whichever is 1~ except that the height shall be one (1) story or twelve (12) feet, whichever is less, if it encroaches into a required rear or side setback. This provision shall not apply to structures that aze located outside of all the required setback areas and complies with the same provisions as the main dwelling. SECTION 2. That subsection .060 of Section 18:04.160 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .060 Application. The application for a conditional use permit shall be submitted on forms as approved by the Planning Erommissios Director. SECTION 3. That subsection .020 of Section 18.06.020 of Chapter 18.06 of Titie 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: :020 RM-2" Multiple-Family Residential Zone. The intent of the "RM-2" Zone is to provide an attractive, safe, and healthy environment with townhouses and other low-rise - attached single-family dwellings with a minimum building site azea per dwelling unit of three thousand (3,000) squaze feet. This zone implements the Low-Medium Density Residential and Low-Medium Hillside Density Residential land use designations in the General Plan. SECTION 4. That paragraph .0901 of subsection .090 of Section 18.06:030 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0901 Conditional Use Pemut. Before the Planning Commission approves a conditional use permit to convert existing multiple-family dwellings, as described above, to a condominium or other common interest development, it shall make the following findings: .O1 That the project complies with the General Flan, including the Land Use Element; .02 That the existing structures and other improvements conform to the site development standazds for the underlying zone or any applicable specific plan; .03 That the existing structures and other improvements aze in compliance with the Uniform Building Code and other applicable codes as adopted by the City of Anaheim; .04 That the vehiculaz and pedestrian access aze adequate; .OS That the size and shape of the site proposed for the use aze adequate to allow full development of the proposal in a manner not detrimental to the _ __ particulaz area; .06 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 .07 That granting the conditional use permit under the conditions imposed, if any, will not be detrimental to the peaer health; and safetyand-generaf welfare of the citizens of the City of Anaheim. SECTION 5. That subsection .030 of Section 18.06.060 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 AccessoryBuildings. All accessorybuildings,suchasagazdenorstorage shed and recreation building, shall not exceed a height of one (1) story or fifteen (15) feet, whichever is less. SECTION 6. That Section 18.06.110 of Chapter 18.06 of Title 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.06.110 PARKING AND LOADING. Pazking and IoadinQ requirements for multiple-family residential zones aze set forth in Chapter 18.42 (Pazking and Loading). SECTION 7. That subsection .030 of Section 18.06.160 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Modification of Other Standards. The - ,minimum lot width as set forth in Table 6- E, minimum floor azea as set forth in Table 6-G, maximum site coverage as set forth in Table 6-H, setbacks as set forth in Section 18.06.090, and minimum size of recreational-leisure azeas asset forth in Table 6-I may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. SECTION 8. 4 That Section 18.08.070 ofChapter 18.08 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18:08.070 PARKING AND LOADING. Parking and loadine requirements for commercial zones aze set forth in Chapter 18.42 (Parking and Loading). SECTION 9. That Table 10-A (Primary Uses: Industrial Zone) in Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on Attachment A. SECTION 10. That Section 18.10.070 ofChapter 18.10 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.10.070 PARKING AND LOADING. Parking and loadine requirements for the Industrial zone aze set forth in Chapter 18.42 (Pazking and Loading). SECTION 11. That Section 18.14.120 of Chapter 18.14 ofTitle 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.14.120 PARKING AND LOADING. Pazking and loadine requirements for public and special-purpose zones aze set forth in Chapter 18.42 (Pazking and Loading). SECTION 12. That subsection .020 of Section 18.22.040 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Legal NonconformingUse. Alegallycreateduse which was in existence as of the date this chapter was adopted (April 6, 1999 that and which is prohibited by this chapter will not be subject to the provisions of Chapter 18.56 (Nonconformities), provided that such use has been continuously in operation since said date. .SECTION 13. That pazagraph .0205 of subsection .020 of Section 18.24.030 of Chapter 1$.24 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0205 All applications submitted forprojects that lie within the (SABC) Overlay Zone area and that also lie within the boundaries of the CommerciaUIndustrial Redevelopment Project Area shall be forwarded to the Community Development Department for review. The Executive Director of Community Development shall review each application, meet and consult with the applicant with respect to the neighborhood compatibility and design features of the proposed project, and propose changes where necessary to promote high quality urban design. the-Exeattive SECTION 14. That Section 18.28.050 of Chapter 18.28 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.28.050 SPECIFICALLY PROHIBTI'ED USES. The following uses shall be prohibited in the Floodplain Overlay Zone• .010 Landfills, excavations, improvements, developments, or encroachments that would obstruct or create debris-catching obstacles to passage of a design flood, or cause a cumulative increase in the elevation ofthe design floodwater profile at any point, or would tend to broaden the floodplain or divert flood flows out of the regulatory floodway or in any way impair the design flood conveyance capacity of the regulatory floodway or cause a potential hazard to life or properly resulting from flood flows. .020 Storage or disposal of floatable substances or materials, dangerous chemicals, explosives, flammable liquids or other toxic materials. .030 All uses not specifically permitted by Section 18.28.040 (Permitted Uses) of this chapter. SECTION 15. That subsection .080 of Section 18.30.160 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .080 Impacts on Existing Buildings and Structures. Where there aze existing buildings and structures on a site for which more intensive development is proposed, no building permit shall be issued until the Building Divisiomtblaaager Official and the Fire Chief have certified that the existing buildings and structures are safe for occupancy and for human habitation. SECTION 16. That Section 18.36.030 ofChapter 18.36 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.36.030 RESIDENTIAL PRIMARY USE CLASSES. The following vUse eClasses aze intended to describe those residential uses that are the main use of the lot. .010 Dwellings-Multiple Family. This vUse tClass consists of two (2) or more dwelling units within the same structure, located on a single lot, each with its own kitchen and bathroom facilities. .020 Dwellings-Single-Family Attached. ThisvUsecClassconsistsofonef~ dwelling unit, on a single lot, constructed with a common wall with one (1) or more single-family units located on other lots. This vUse eClass includes attached condominiums and attached single-family dwellings in other common interest developments as defined in Section 1351 of the California Civil Code as it may be amended from time to time. .030 Dwellings-Single-FamilyDetached. ThisvUseeClassconsistsofonej~ dwelling unit on a single lot, which dwelline is sepazated from any other dwelling unit. This Use Class includes detached condominiums and detached sin le- family dwellings in other common interest developments as defined in Section 1351 of the California Civil Code, as it may be amended from time to time Manufactured homes certified under the National Mobile Home Construction and Safety Standazds Act of 1974, which are installed on a permanent foundation approved by the City, aze also included. coadorttinitttns: .040 Mobile Home Parks. This vUse cClass consists of a site that is planned and improved to accommodate two (2) or more mobile homes used for residential purposes, or on which two (2) or more mobile home spaces or lots each accommodate a mobile home for residential purposes. :050 Senior Citizen Housing. This vUse tClass consists of Senior Citizen Apartment Projects and SeniorCitizen Housing Developments as defined in Chapter 18.92 (Definitions). SECTION 17. That subsection .050 of Section 1 &.38.060 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 Locational Standards. .0501 Wireless communication facilities shal] be co-located where technologically feasible and visually beneficial. Facilities that are not proposed to be co-located shall provide a written explanation why the facility is not a candidate for co-location. .0502 Where determined to be technically feasible and appropriate, unutilized space should be made available for co-location of other wireless communication facilities, including space for entities providing similar, competing services. Co-location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host facility to go off-line for a significant period of time. .0503 Front or street setback. No wireless communication facility shall be constmcted or placed ~rithin-the-front in any street setback in any zone except as maybe specifically allowed by the regulations of that zone. .0504 Interior setback. • r All portions of any antenna structure and associated equipment shall be located a minimum of five t5 from any interior property line unless otherwisesecfically allowed by the regulations of the zone. :0506 .0505 In multiple-family residential ntighborhoorls zones, no wireless communication facility shall be erected-vpott installed on the roof of a building except as maybe specifically zone provided for in subsections 18.38.060.040 and 18 38 060 060,pertaining to building mounted wireless communication facilities. :050- .0506 Aground-mounted wireless communication facility shall not be located in a required pazking area, vehicle maneuvering azea, or vehicle/pedestrian circulation azea in such a manner that it interferes with, or in any way impairs, the utility or intended function of such azea. SECTION 18. That Section 18.3$.105 of Chapter 18.38 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.38.105 CONTRACTOR'S OFFICE & STORAGE. The provisions of this section apply to accessorq temporarx uses classified as Contractor's Office aad & Storage in Section 18.36.060 (Temporary Use Classed. .010 Location and Duration. Not permitted in the front or street setback. The maximum time this use may exist on a lot shall be one (1) yeaz. Extensions may be granted in one (1) year increments if it is demonstrated that the trailer is not detrimental to the community. .020 Approval. The Planning Director shall have the .authority to approve temporarycontractor'soffiee and storage trailers and extensions oftime forexistiag such trailers provided plans for permanent construction have been submitted to the Building Division or construction is underway. SECTION 19. That subsection .020 of Section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, .and the same is hereby, amended to read as follows: .020 Dedication ofRight-of--Way. The right-of--way for all streets, highways, sewers, storm drains, alleys and trails which abut or cross the subject property shall be dedicated to the full width required by the City Engineer in accordance with the Circulation Element of the General Plan and any applicable Specific Plan, and as clarified by the City of Anaheim Standazd Details or Precise Alignments, approved by the City Engineer; provided, however, that no dedication shall be required to widen 9 an arterial highway to the additional width required to meet the Standazd Detail No. 164-A for Supplemental Lanes Intersection Layout, as it maybe revised from time to time. Required setbacks shall be measured from the ultimate right-of--way shown on the Circulation Element of the Genera] Plan and as clarified by the City of Anaheim Standard Details or Precise Alignments, approved by the City Engineer, including the Standazd Detail No.164-A for Supplemental Lanes Intersection Layout. SECTION 20. That pazagraph .0303 of subsection .030 of Section 18.40.060 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0303 Supplemental Lanes Intersection Layout. Irt the case of properties abutting all or any portion of an intersection designated on the Circulation Element of the Anaheim General Plan as a supplemental lanes, as set forth in the Standazd Detail No. 164-A for Supplemental Lanes Intersection Layout, as it may be revised from time to time, compliance with the obligation imposed by subsection .0302.02 above shall be met by installation of all required improvements, or payment of a sum of money in an amount determined by the City Engineer to be sufficient to pay for all required improvements, except those improvements of costs related directly to improvements for the Supplemental Lanes Intersection Layout which aze in excess of standards otherwise applicable to the street or highway being improved. Funds paid pursuant to this subsection shall be treated the same as those paid under subsection .0302.02 above . SECTION 21. That Section 18.42.030 of Chapter 18.42 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.42.030 RESIDENTIAL PARKING REQUIItEMENTS. .010 General. Residential off-streetparkingrequirementsfor automobiles and similaz vehicles shall be regulated by the type of use (vUse cClass) associated with the lanr} ro er This section specifies the number of parking spaces for each residential use, regazdless of the zoning district in which the use is located. .0101 Except as otherwise expressly provided in this section, the minimum number of spaces for a combination of uses shall be not less than the sum total of the requirements for each type of use to be established. .0102 For purposes of interpretation of this section, a bedroom is a private habitable room planned or used for sleeping, sepazated from other rooms by 10 -` ~ a door or similaz partition. All rooms (other than a living room, family room, dining room, bathroom, hall, foyer, closet or pantry) having seventy (70) square feet or more of floor azea, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a bedroom. A studio unit is a dwelling unit without a bedroom. :0103 In computing parking requirements, fractional numbers shall be rounded off to the neazest whole number, fractions of one-half (0.5) or more being counted as one ~ full space. .0104 Except as otherwise expresslyprovided in this chapter, all parking spaces shall conform to StandazdDetail No.603=68~~ 470 - parkittg-standards) Minimum Off-Street Parking Dimensions), as it may be revised from time to time, .0105 Gazages or covered spaces shall be arranged so such that pazking in front of the garage or covered space shall not block access to another garage or covered space. .0106 For uses not listed, parking requirements shall be those determined to be reasonably necessary by the City Traffic and Transportation Manager. .020 Dwellings-Multiple Family. .0201 The minimum required number ofoff-street parking spaces for Multiple-Family Dwellings shall be based upon the total number of bedrooms as follows: Total Number of Bedrooms I Minimum Number of Pazking Spaces per Unit Studio unit 1.25 1 bedroom 2 bedrooms 3 or more bedrooms 2:0 spaces 2.25 spaces 3.0 spaces (plus 0.5 space for each bedroom over 3 bedrooms) .0202 Of the number of required parking spaces, one-quarter (0.25) space per dwelling unit shall be reserved and clearly mazked for guest parking only 11 and shall be readily accessible to .motorists from contiguous streets and/or vehicle accessways. .0203 Any covered spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Required open spaces shall be located within two hundred (200) feet of the unit served. .0204 Family ]BrveHingr Required open parking spaces for residents and tenants shall be unassigned and no fee shall be assessed for their use .0205 Tandem parking spaces shalt not be permitted for Multiple-Family Dwellings .0206 Parking spaces in private garages as defined in Section 18.92.100 ("G"Words, Terms and Phrases) shall not be permitted for Multiple- Famil~Dwellings. :636G .0207 Parking areas shall be screened by means of landscaping or azchitectural devices from adjacent public and private streets and properties and from living orrecreational-leisure azeas to a height oftwenty four (24) inches with the excepfion ofline-of--sight requirements as shown on Standazd Plan Detail No. 115-A ( Arterial Highway and Commercial Driveway Approach), as it maybe revised from time to time. :036-7 .0208 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guazds shall be provided to protect any interior walls from damage. .030 - .Dwellings -Single-Family Attached. The required parking spaces for Attached Single-Family Dwellings shall com~Iy with either subsection .0301 or subsection .0302 below .0301 The minimum number, locatiop and design of parking spaces shall be the same as specified for Dwellings -Multiple Family in subsection 18.42.030 020• provided that private garages may be permitted for Attached Single-Family Dwellings in a condominium or other common interest development, as defined in Section 1351 of the California Civil Code subject to all the following criteria: .Ol Each private garage shall be attached to and a portion of the Attached Single-Family dwelling, 12 .02 Each private garage shall contain a maximum of two (21~arkingspaces Theotherreguiredparkingspacesincludingtheguestspace shall comply with subsection 18.42.030.020. .03 No tandem parking shall be permitted in front of a private garage and the required setback between the garage door and the nearest edee of the contiguous sidewalk, street or vehicle access wav whichever is closest, shall be five (51 feet except that tandem parking may bepermitted when in excess of the minimum required number of Qarking spaces and when located in front of a private garage. .0302 The minimum number, location and design ofparking spaces shall be the same as specified for Dwellings-Single-Family Detached in Section 18.42.040. :8391 .040 Dwellings -Single-Family Detached.. The minimum required number ofoff-street, on-site pazking spaces for - - - Single-Family DetachedDweltingsshall be based on the total number of bedrooms as follows: Total Number of Bedrooms I Minimum Number of Spaces per Dwelline 6 or fewer bedrooms 7 or more bedrooms 4 (2 in a garage) 4 (2 in a garage) plus 1 additional space per bedroom over 6 bedrooms :830-2 .0401 Tandem spaces shall not be counted toward the required number of spaces, except for one 112 open space in front of each required space enclosed within a gazage. The minimum dimensions for spaces located in tandem to parking spaces enclosed within a garage is are eight (8) feet wide and twenty five (25) feet long {if located in tandem to pazking spaces enclosed with atilt- up gazage doorj, and eight (8) feet wide and twenty (20) feet long {if located in tandem to pazking spaces enclosed with aroll-up gazage door), measured from the garage door to the nearest edge of the property line, pedestrian walkway, street, or vehicle accessway, whichever is the lesser distance. :0393 .0402 Parkine Spaces spaces located in tandem to a garage maybe permitted to encroach into the required front or other street setback. All other spaces shall be located outside the required front or street setback, and shall be provided and maintained in an accessible location on the lot as approved by the 13 Planning Director and illustrated in Detail No. P-1 "Permitted Open Parking Spaces and Driveways for Single-Family Residences." __ :049 .050 Mobile Home Pazks. :040-)- .0501 The minimum required number ofoff-street parking spaces for each mobile home in Mobile Home Pazks shall be two (2) spaces (which maybe tandem) on-site and adjacent to the mobile home, plus one (1) guest space for every four (4) mobile homes. X492 .0502 Guest parking shall be located within two hundred (200) feet of each mobile home served and may be provided along any private street that is designed and improved in compliance with Standazd Detail No. i~ 162 ( Private Street Sections), as it may be revised from time to time, and that serves the interior circulation of a mobile home pazk. X59 .060 Senior Citizen Housing. :95Bt .0601 The minimum required number ofoff-street pazking spaces for senior citizen housing shall be one (1) parking space for each studio unit and one-bedroom unit, and two (2) parking spaces for each two-bedroom unit. :950-2 .0602 All pazking spaces shall be located so as to minimize walking distance from between the living area to and the parking facility. :9593 .0603 Pazking spaces maybe covered or open and shall be unassigned and equally available to all residents, guests or and employees. :B59$ .0604 Tandem spaces shall not be permitted. $69 .070 Second Residential Units. .0701 Second Units, as defined in paragraph .0205 of subsection 18.38.230.020 in conformance with the criteria and standards of Section 18.38.230 (Second Unitsl: one (1) off-street parkiug space for each efficiency unit or one-bedroom unit: and two (21 off-street parking spaces for each two- bedroom unit. Required arking spaces for Second Units shall not be in tandem to other on-site parking spaces for the main dwelling unit. :969} .0702 .Senior Second Units (granny units) for which a conditional use permit is approved as authorized by Section 65852.1 of the California Government Code: one (1) off-street parking 14 space for each such unit. Required narking spaces for Senior Second Units shall not be iu tandem to other on-site narking spaces for the main dwelling unit. ~e - - SECTION 22. That subsection .010 of Section 18.44:050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Requirement for Conditional Use Permit. The following signs requite a conditional use permit: .0101 Mazquee or electronic reader-boazd signs for an amusement facility, theater, lodging facility, school, automobile dealership (which automobile dealership is the major tenant of a minimum three (3) acre site), or use identified as Community and Religious Assembly as set forth in subsection .030 ("C" Use Classes) ofSection 18.36..040 (Non-Residential Primary Use Classes), subject to the limitations of Sections 18.44.080 and 18.44.090. 0102 Regional guide signs. .0103 Freeway-oriented signs, subject to the procedures and standazds set forth in Section 18.44.100. .0104 Billboazds, subj ect to the standazds set forth in Section 18.44.230 through Section 18.44.260 inclusive. .0105 Murals visible from publicright-of--ways. .0106 Off-site signs for regional shopping centers. No more than one (1) free-standing sign per regional shopping center, no .greater than one hundred twenty five (125) square feet in sign area and no higher than fifteen (15) feet, maybe located off-site where allowed by conditional use permit. SECTION 23. 15 That the first pazagraph in Section 18.44.090 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.44.090 FREESTANDING AND MONUMENT SIGNS IN NON- RESIDENTIAL ZONES. In addition to .Section 18.44.080, the following standazds shall apply to the development of freestanding and monument-type signs permitted in commercial, industrial, and mixed use zones within the Ci , SECTION 24. That subsection .040 of Section 18.44.150 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Compliance with Uniform Codes and Other Regulations. All signs erected, installed, located or maintained in the City shall comply with all structural provisions of the most recently adopted ,Uniform Building Code, National Electrical Code, and all other applicable laws and regulations. SECTION 25. That subsection .010 ofSection 18.44.210 of Chapter 18.44 ofTitle 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Window Signs. Temporary window signs may be placed in or upon any window of any structure used for commercial or industrial purposes, provided the total window signage meets the requirement of subsection 18.44.110:989.070. SECTION 26. That subsection .030 of Section 18.44.210 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Political Signs. In addition to any other provision of this title, political signs shall be permitted on private property in any zone provided: 16 ..0301 Such signscomplywiththeminimumsightdistancerequirements set forth in subsection 18.44.080:990 .080; .0302 Such signs comply with the provisions of Section 4.04.130 (Prohibition of Signs in Public Right-of--Way) of this Code; and .0303 Any structure to which such political signs are attached shall comply with all applicable provisions of Title 15 (Buildings and Housing) of the Anaheim Municipal Code, except that no building permit shall be required for a temporary political sign that has a surface azea of twelve (12) squaze feet or less and is removed within one hundred and twenty (120) days of its erection or placement or within thirty (30) days after the election to which the sign relates. SECTION 27. That subsection .020 of Section 18.56.040 of Chapter 18.56 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Non-Residential Structures. A legally nonconforming non-residential structure maybe continued and expanded as follows: .0201 Buildings with nonconforming setbacks and/or height may be expanded provided the expansion complies with the provisions of this title, and does not intensify existing non-conformities. .0202 Buildings with nonconforming floor area ratio (FAR) and/or lot coverage shall not be expanded. SECTION 28. That subsection .050 of Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 Notification and Hearing. Appeals shall be subject to the same notification and hearing requirements as the action being appealed, except that the date of the public hearing before the City Council shall not exceed sixty1601 davs following receipt of the written appeal or the election of the City Council to review anv action of the Planning Commission or Zoning Administrator. SECTION 29. 17 That Chapter 18.80 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: _ ,__. Sections: 18.80.010 Purpose. 18.80.020 Schedule of fees. 18.80.030 Adoption of fees and deposits. 18.80.040 Effect of fees. 18.80.050 City-initiated actions. 18.80.010 PURPOSE. The purpose of this chapter is to establish provisions for payment of fees, including anv required de ossts, for all applications submitted pursuant to this title. 18.80.020 SCHEDULE OF FEES.. The fees, including any required de op sits, for processing applications for permits or other approvals or appeals pursuant to this title shall be as set forth in the fee schedule adopted by resolution of the City Council. 18.80.030 ADOPTION OF FEES AND DEPOSITS. Prior to approving and adopting any new fees, iucluding auy required deposits, for processing applications for permits or other approvals or appeals pursuant to this title, or prior to approving increases to existing processing or appeal fees, the City Council shall hold a public hearing, as part of a regularly scheduled meeting, in accordance with applicable state law. 18.80.040 EFFECT OF FEES. Fees, including any required deposits, for processing applications for permits or other approvals or appeals pursuant to this title must be paid in full. except as otherwise specifically permitted, before any application or appeal will be accepted for filing and shall be payable to the City of Anaheim. Once submitted, fees shall not be refunded except as otherwise authorized by Chapter 18.60 (Procedures)_,provided, however, that the amount of any deposit that exceeds all accumulated costs at the time of the final action on the subject petition or application shall be refunded to the applicant . 18.80.050 CITY-INITIATED ACTIONS. Fees for processing applications are not required for applications or appeals filed 18 by any governmental agency, members of the City Council, any City commission or advisory board, or any department or division of the City. SECTION 30. That Table 90-A in Section 18.90.100 of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as shown on Attachment B. SECTION 31. That subsection .030 of Section 18.90.110 ofChapter 19.90 of Title 18 ofthe Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Building Permits. Before commencing anyworkpertainingtotheerection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure within the zones described in this title, a pernut for each separate building and/or structure shall be secured from the Building Official of the City of Anaheim by the owner or the owner's agent for the work. It shall be unlawful to commence work until and unless these permits have been obtained, or to maintain any construction, alteration or addition to anv building or structure which was done without a uermit. Any buildings erected, constructed, altered or to which additions are made shall comply with all of the provisions of the Uniform Building Code of the City of Anaheim. SECTION 32. That the Graphic illustrating the definition of"Height, Structural" in Section 18.92.110 ofChapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, .amended as shown on Attachment C. SECTION 33. That subsection .070 of Section 18.110.040 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Approval of Signs. A detailed sign program for each project within the Specific Plan Area shall be submitted to the Planning Director and the Executive 19 Director of Community Development for their review and approval prior to the issuance of a certificate of occupancy. The sign program shall be in substantial conformance with the provisions of Chapter 18.44 (Signs) and that part oa rtion of Chapter 7 (Zoning and Development Standards) of the East Center Street Development Specific Plan document which is tntitled Signs (collectively the "Sign Guidelines"). If the Planning Director and the Executive Director of Community Development determine that the sign program is in substantial conformance with the Sign Guidelines, the sign program shall be approved by the Planning Director and the Executive DirectorofCommunityDevelopment. ffeitherthePlanningDirectororthe Executive Director of Community Development determines that the sign program is not in substantial compliance with the Sign Guidelines, the sign program shall be disapproved and such decision shall be final unless appealed to the Planning Commission within ten (10) days from the date of such decision. If such decision is appealed, the sign program shall be reviewed by the Planning Commission at a duly noticed hearing for substantial compliance with the Sign Guidelines. Notice of such hearing shall be given at the same time and in the same manner as specified for hearings for variances and conditional use permits in this Code. If the sign program is found to be in substantial compliance with the Sign Guidelines, the Planning Commission shall approve the sign program. The decision of the Planning Commission shall be final unless appealed to the City Council within ten (10) days from the date of such decision. (Ord. 5161 § 1 (part); August 21, 1990. SECTION 34. That subsection .140 of Section 18.114.030 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 140 "U" Words, Terms .and Phrases. ,1401 Ultimate Planned Right-of--Way. The right-of--way designated in the Circulation Element of the Anaheim General Plan as further described in Section 4.0 (Public Facilities Plan) ofthe Specific Plan document. Required setbacks shall be measured from the ultimate plannedright-of--way shown on the General Plan including where applicable to the property any Supplemental Lanes in conformance with Standard Detail No.164-A (Supplemental Lanes Intersection Layout) as it may be revised from time to time. (Ord. 5580 § 6; October 22, 1996.) SECTION 35. 20 That subsection .080 of Section 18.116:030 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .080 "U" Words, Terms And Phrases. .0801 Ultimate Planned Right-Of--Way. Theright-of--way designated in the Circulation Element of the Anaheim General Plan as further described in Sections 4.0 (Public Facilities Plan) and 5.0 (Design Plan), of the Anaheim Resort Specific Plan document. Required setbacks shall be measured from the ultimate planned right- of-way shown on the General Plan, including, where applicable to the property, any Supplemental Lanes in conformance with Standard Detail No.164-A (Supplemental Lanes Intersection Layout), as it maybe revised from time to time. (Ord. 5453 § 1 (part); September 27, 1994.) SECTION 36. That subsection .130 of Section 18.118.030 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .130 "U" Words Terms and Phrases. .1301 Ultimate Planned Right-of--Way. The right-of--way designated in the Circulation Element of the Anaheim General Plan. Required setbacks shall be measured from the ultimate planned right-of--way shown on the General Plan including, where applicable to the~roperty, any Supplemental Lanes in conformance with Standard Detail No.164-A (Supplemental Lanes Intersection Layout), as it may be revised from time to time. SECTION 37. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, pazagraph, sentence or word ofthis ordinance ofthe Code, hereby adopted, be declazed for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as maybe declazed invalid. SECTION 38. SAVINGS CLAUSE 21 Neither the adoption ofthis ordinance nor the repeal ofany otherordinance ofthis City shall in any manner affect the prosecution for violations of ordinances, which violations were. , committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions ofthis ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 39. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollazs ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a sepazate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. 22 Except as may otherwise be expressly provided, anyperson who violates anyprovision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the... manner provided in Section 1.01.370 (Violations ofCode-Penalty) ofthe Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2004, and thereafter passed and adopted at a regulaz meeting of said City Council held on the day of 2004, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM E\asantal\ZCA-00034.wpd 23 A'I'TACHIVIIJNT A Table 10-A PRIMARY USES: INDUSTRIAL ZONE in Section 18.10.030 (Uses) of Chapter 18.10 (Industrial Zone) 24 Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited I Special Provisions Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales-0ff--Sale C Alcoholic Beverage Sales-On-Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas-Broadcasting C Antennas-Telecommunications C Subject to§18.38:060 Automofive-0ar Sales & Ren[als C Subject [o § 18.38.200 Automotive-Impound Yards C Subject to § 18.38.200 . Automotive-Public Parking C Automotive-Parts Sales C Automotive-Repair and Modification C Automotive-Service Stations C Subject to § 18.38.070 Automotive-Washing C Bars & Nightclubs C Billboards C Subject to Chapter 18.44 Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor azea, excluding pazking, shall be devoted to outdoor displays; subject to § 18.38.190 and § 18.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios-Large C Dance & Fitness Studios-Small C Day Care Centers C Drive-Through Facilities C Educational Institutions-Business C Educational Institutions-General C Equipment Rental-Large C Equipment Rental-Small P Conditional use permit not required if eentpleted conducted entire) indoors Page 1 of 3 Table 10-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited I Special Provisions Helipads & Heliports C Hospitals C Hotels & Motels C Industry-Limited P Industry-General C junkyards C Subject to §18.38.200 Mortuaries C Offices-Development P Offices-General C Permted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to §18.38.180 Outdoor Storage Yards C Subject to § 18.38.200 Personal Services-General C Personal Services-Restricted C Plant Nurseries P Subject to §18.38.190 and §18.38.200; Retail only requires a conditional use permit Public Services P Recreation-Bowling & Billiazds C Recreation-Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation-Commercial Outdoor C Recreation-Low-Impact P Recreation-Swimming & Tennis C Recycling Services-Consumer P Subject to Chapter 18.48; reverse vending machines located entirely within a stmcture do not require any zoning approval Recycling Services-General C Subject to Chapter 18.48 Recycling Services-Processing C Subject to Chapter 18.48 Repair Services-General P Repair Services-Limited C Research & Development P Restaurants-Drive-Through C Subject to§18.38.220 Restaurants-General C Fast-Food and Take-Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to §18.38.220 Restaurants-Semi-Enclosed C Subject to§18.38.220 Restaurants-Walk-Up C Retail Sales-General C Industrially related only Retail Sales-0utdoor C Subject to §18.38.190 and §18.38.200 Page 2 of 3 Table 10-A P Permitted by Right PRIMARY USES: INDUSTRIAL ZpNE C Conditional Use Permit Required N Prohibited Self Storage Sex-Oriented Businesses _ Studios-Broadcasting Studios-Recording Towing Services Transit Facilities Truck Repair & Sales Utilities-Major Utilities-Minor Veterinary Services Warehousing &Storage-Enclosed Wholesaling 8-18-04 F:\asantal\Table 10-A amended.doc I Special Provisions C Subject to Planning Conunission Policy P Subject to Chapter 18.54 P P P C C Subject to §18.38,200 C P C P P Page 3 of 3 ATTACHMENT B Table 90-A ZONE CORRESPONDENCE in Section 18.90.100 (Former Zones) of Chapter 18.90 (General Provisions) zs Table 90-A ZONE CORRESPONDENCE Sin le-Famil Residential Zones Current FormerZonin Code RH-1 Sin le-Famil Hillside, Residental RS-HS-43,000 Residential, Sin le-Famil Hillside RH-2 Sin le-Famil Hillside, Residential RS-HS-22,000 Residential, Sin le-Famil ..Hillside RH-3 Sin le-Famil HIllside, Residential RS-HS-10,000 Residential, Sin le-Famil Hillside RS-1 Sin le-Famil ,Residential RS-10,000 Residental, Sin le-Faaul RS-2 Sin le-Famil ,Residential RS-7200 Residential, Sin le-Famil RS-3 Sin le-Famil ,Residential RS-5000 Residential, Sin le-Famil RS-4 Sin le-Famil ,Residential No Cones ondin Former Zone Multiple-Famil y Residential Zones Current FormerZonin Code RM-1 Multi le- Famil ,Residential No Corres ondin Former Zone RM-2 Multi le- Famil ,Residential RM-3000 Residential, Multi le-Famil RM-3 Multi le- Famil ,Residential RM-2400 Residential, Mulri le-Famil RM-4 Multi le- Famil , Residental RM-1200 Residential, Multi le-Famil RM-4 ~ Multi le- Famil ,Residential RM-1000 Residential, Multi le-Famil Residential Plann ed Communi Zone Current Farmer Zoning Code No Replacement Zone for Foaner Zone PC Planned Community Commercial Zones Current FormerZonin Code C-G General Commercial CL Commercial, Limited Former Zone Inco orated into CG Zone CG Commercial, General Former Zone Inco orated into CG Zone CH Commercial, Heav Former Zone Inco orated into CG Zone CL-HS Commercial, Limited -Hillside C-NC Nei hborhood Center Commercial No Corres ondin Former Zone C-R Re Tonal Commercial No Cones ondin Former Zone O-L Low Intensi Office CO Commercial, Office and Professional O-H High Intensity Office No Corresponding Former Zone Indust rial Zanes Current Former Zoning Code I Industrial ML Limited Industrial Former Zone Incorporated into I Zone MH Heavy Industrial Public and S ecial Pur ose Zones Curren! Former Zonin Code OS O en S ace OS O en S ace PR Public Recreational PR Public Recreational SP Semi-Public No Cones ondin Former Zone T Transition RS-A-43,000 Residential/A 'cultural Parkin Commercial and Parkin ndustrial Zones Current Former Zodin Code RM-3 Multiple- Family, Residential PD-C/RM- Parking District - 2400 CommerciaUMulriple-Family Residential T Transition PD-C Parkin District-Commercial No Replacement Zone for Former Zone PLD-M Parlcing/Landscape District - Manufacmring Page 1 of 2 Table 90-A ZONE CORRESPONDENCE Over la Zones Current FormerZonin Code (SE Sorts Entertainment Overla SE Sorts Entertainment Overla (BCC) Brookhurst Commercial Coaidor Overla (BCC) Brookhurst Commercial Corridor Overla (SABC) South Anaheim Boulevard Corridor Overla (SABC) South Anaheim Boulevard Corridor Overlay No Replacement Zone for Fortner Zone Sub'ect to 18.38.180 Oil Production) (O) Oil Production Overlay SC Scenic Corridor Overla SC Scenic Corridor Overla FP Flood lain Overla FP Flood lain Overla MHP Mobile Home Park Overla MHP Mobilehome Park Overla DMU Downtown Mixed-Use Overla DMU Downtown Mixed-Use Overla (MU) Mixed Use Overla No Cotres ondin Former Zone Plan Zones The names of the specific plan zones did not change -the chapter numbers changed as indicated Cbo ter Number Title Current Former S ecific Plan No. 87-1 The Hi hlands 18.100 18.70 S ecific Plan No. 88-1 S camore Can on 18.102 18.71 S ecific Plan No. 88-2 Summit 18.104 18.72 S ecific Plan No. 88-3 PacifiCenter 18.106 18.73 S ecific Plan No. 90-1 Festival ~ 18.108 18.74 S ecific Plan No. 90-2 East Center Street Develo ment 18.110 18.75 S ecific Plan No. 90-4 Mountain Park 18.112 18.76 S ecific Plan No. 90-3 C ress Can on Rescinded 18.77 S ecific Plan No. 92-1 Disne land Resort 18.114 1$.78 S ecific Plan No. 92-2 Anaheim Resort 18.116 18.48 S ecific Plan No. 93-1 Hotel Circle 18.118 18,79 S ecific Plan No. 94-I (Northeast Area) 18.120 18.110 8-18-04 F:\asantal\Table 90-A amended.doc Page 2 of 2 ATTACHMENT C Graphic labeled "18.92.110 (Height, Structural)" in Chapter 18.92 (Definitions) 26 18.92.110 (Height, Structural) Highest point of structure excluding any authorized projections leight . z. _,- Height HeighC ~~ '- Greater than 2'-0" -~-Finished Floor Finished Grade I-Iighest point of structure excluding any authorized projections Greater than 2'-0" ``~ --~-Finished Floor Finished Grade Highest point of structure excluding any authorized projections Finished Floor /~ Finis d Grade Anaheim Planning Commission Agenda - 1:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The Report and Recommendation items 1-A through 1-B on the.Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior [o the time of the voting on the motion unless members of the Planning Commission, stafffo'r the public request the item to be discussed and/or removed from the Consent Calendar for separate''action. 1. 1A. Receiving and approving the Mirfutes from the Planning Commission Meeting of August 9, 2004. ~r (Motion) 16. Receiving and approving supplemental detailed Minutes for Item No. 5 from the Planning Commission Meeting of August 9, 2004, pertaining to The Platinum Triangle Master Land Use Plan and related .items. ~ (Motion) OB-23-04 Page 2 Public Hearina Items: 2a. CEQA Negative Declaration 2b. Waiver of Code Requirement 2c. Conditional Use Permit No. 2871 (Tracking No. CUP2004-04872) Owner: Connelly S. Cornelia, 2323 West Broadway, Anaheim, CA 92804 Agent: Ron Sorenson, HGA Inc., 1613 Santa Clara Drive, Roseville, CA 95661 Location: 2323 West Broadwav. Property is approximately 6.5 acres, having a frontage of 454 feet on the north side of Broadway, located 860 feet east of the centerline of Gilbert Street (Cornelia Connelly High School). Request to construct a new gymnasium in conjunction with an existing private educational institution with waiver of maximum structural height adjacent to a residential zone boundary. Continued from the August 9, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. 3a. CEQA Negative Declaration 3b. Waiver Of Code Requirement 3c. Conditional Use Permit No. 2004-04857 Owner: John Lee, 3026 West Ball Road, Anaheim, CA 92804 Agent: Chung Myung, 3380 Plair Drive, Suite 222, EI Monte, CA 91731 Location: 3026 West Ball Road. Property is approximately 0.41- acre, landlocked parcel located on the south side of Ball Road located 418 feet west of the centerline of Beach Boulevard. Request to permit a church within an existing residence with a separate accessory pastor's quarters with waivers of: (a) minimum setback for institutional uses abutting a residential zone boundary, and (b) minimum number of parking spaces. Continued from the August 9, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. Request for continuance to September 20, 2004 Project Planner: John Ramirez (ioramirezt7a anaheim.net) sr5112jr.doc Q.S. 33 Project Planner: Della Herrick (dherrick[?a ,anaheim. net) sr6756(a)dh.doc Q.S. 11 08-23-04 Page 3 4a. CEQA Negative Declaration 4b. Waiver Of Code Requirement 4c. Conditional Use Permit No. 2004-04876 Owner: Canyon Plaza, LLC. 503 32"d Street, Suite 200, Newport Beach, CA 926fi3 Agent: Jack Jakosky, 503 32nd Street, Suite 200, Newport Beach, CA 92663 Location: 5747 East Santa Ana Canvon Road. Property is approximately 15 acres, located at the northeast corner of Santa Ana Canyon Road and Imperial Highway. Request to construct a freestanding building consisting of three Project Planner: commercial retail tenant spaces, roof-mounted equipment and outdoor John Ramirez dining area in conjunction with an existing commercial retail center with (ioramirez(c~anaheim.net) waiver of minimum number of parking spaces sr5111jr.doc Conditional Use Permit Resolution No. 4.5 185 5a. CEQA Categorical Exemption -Class 1 5b. Conditional Use Permit No. 2004-04875 Owner: Kaiser Foundation Hospital, 393 East Walnut Street, 2"d Floor, Pasadena, CA 91188 Agent: Brian Halle, 10022 Sunrise Lane, Santa Ana, CA 92705 Location: 3400 East La Palma Avenue. Property is approximately 13.6 acres, having a frontage of 470 feet on the south side of La Palma Avenue, located 697 feet west of the Project Planner: centerline of Grove Street. Amy Vazquez (avazcuezno anaheim.net) Request to permit the temporary outdoor storage of new automobiles. Conditional Use Permit Resolution No. sr6765av.doc Q.S. 150 Adjourn To Wednesday, September 8, 2004 At 11:00 A. M. For Preliminary Plan Review. OS-23-04 Page 4 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: h~:oo~~.. 8-18-~ (TIME) (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 TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM 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 no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. 08-23-04 Page 5 SCFIEDULE 2004 September 8 (Wed) ~~ September 20 f ~ October 4 October 18 ' November 1 November 15 November 29 December 13 December 27 08-23-04 Page 6 ITEM NO: 2 1U ~ VACANT I I I I I / ---- J~a _ ~ ~- ~ C-G RCL 2003-00095 RCL 2003-00093 -q C ER RCL 77-76-23 RM-2 (eCC) RCL 96.99-11 -C -CUP 2003-0473 RCL 2001-00063 RCL 62-63-26 O U CUP 1999 RCL 96-99-17 T-CUP 2003-04776 SHOPPING RCL 62-63-26 CUP 2003-04661 P ¢ W CENTER T-CUP 2003-0477 CU 3429 _UO CUP 2003-04661 CUP 307 CN T CUP 3429 VAR 4041 W ~- RCL 71-72-02 (1 CUP 2053 FURNITURE STORE-fig RCL 71-72-04 a ~ (Res of Intent to CL) VAR 9041 264 DU VACANT yo APARTMENTS CAN OPY LN C x O O W C Z ¢` Q J ~ RS-2 1 DU EACH ~ J I TRANSIT AVENUE -2 ~ m :ACH w v Z NC 7 ~ mW 7-CUP 2004-04672 -2 ,~ O K~ CUP 2671 - RM-4 '.AC H ~ U ~ VAR 2277 N APARTMENTS G (CUP 223) '~ > PRIVATE SCHOOL MALL AVE _J_! ! I ) ~ - 6 ANAHEIM~CITY LIMITS 860'to fhe centerline ~ 454' ~ of Gilbert Street BROADWAY ORANGE COUNTY LIMITS F H J N } ~ _ U Q W m _ Z W ~ ~ Z W ~ O U ~ W ~ L Conditional Use Permit No. 2871 Subject Property TRACKING NO. CUP2004-04872 Date: August 9, 2004 Scale: 1" = 200' Requested By: CORNELIA S. CONNELLY Q.S. No. 33 REQUEST TO CONSTRUCT A NEW GYMNASIUM IN CONJUNCTION WITH AN EXISTING PRIVATE EDUCATIONAL INSTITUTION WITH WAIVER OF MAXIMUM STRUCTURAL HEIGHT ADJACENT TO A RESIDENTIAL ZONE BOUNDARY. 2323 West Broadway -Cornelia Connelly High School 1431 Staff Report to the Planning Commission August 23, 2004 Item No. 2 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREPVIENT 2c. CONDITIONAL USE PERMIT NO. 2871 (Tracking No. CUP2004-04872) SITE LOCATION AND DESCRIPTION: (Motion for continuance) (1) This rectangularly-shaped, 6.5-acre property has a frontage of 454 feet on the north side o` Broadway, a maximum depth of 621 feet, and is located 860 feet east of the centerline of Gilbert Street (2323 West Broadway -Cornelia Connelly High School). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section 18.14.030.040.04D2, to construct a new gymnasium in conjunction with an existing private educational institution with waiver of the following: SECTION NO. 18.40.040.040 Maximum structural height adjacent to a residential zone boundary BACKGROUND: (3) This project was continued from the August 9, 2004, Commission meeting to allow the petitioner time to prepare a Water Quality Management Plan and modification to exhibits to reflect the colors and materials proposed for the new gymnasium. At that meeting, members of the local community expressed concerns regarding noise, drainage, trash, and parking as related to the existing private school. (4) This property is developed with an existing private educational institution, is zoned T (Transition). The Anaheim General Plan Land Use Element Map designates this property for school uses. The Anaheim General Plan Land Use Element Map further designates property to the north for Residential Low-Medium land uses, property to the east for Residential Medium land uses and properties to the south and west for, Residential Low land uses. (5) The petitioner has submitted the attached letter dated August 12, 2004, requesting a continuance to the September 20, 2004, Commission meeting to allow time to meet with the neighborhood and staff to address concerns expressed at the previous meeting. RECOMMENDATION: (6) That the Planning Commission, by motion, continue this item to the September 20, 2004, Commission meeting, as requested by the petitioner. Sr5 i 12jr Page 1 nt by: HAMMEL, GREEN ~ ABRAHAMSON, INC.916784773a; ArthltECtu re ~ En9in eerino ~ planning August 12, 2004 Mr..lohn Ramirez City of Anaheim Planning Department 200 South Anaheim Bivd. Suite 162 Anaheim, CA 92805 RE: Cornelia Connelly 1-Tigh School Gymnasium 2323 West Hroadway Pre-File No: 2004-00043 Dear Mr. Ramirez: 08/13/04 7:31 AM;#354; Page 1/1 ATTACHMENT - ITEM N0. 2 The above referenced project is currently scheduled for the August 23`d Planning Commission hearing. We respec[fully reques[ that this agenda item be continued to the September 20`~ heating in order for the Owner, Architect and Planning Staff to address neighbor's concerns that have been expressed in recent days. The design team believes that our apglicaGon and exhibit package is complete and that all items generated by interdepartmental meetings are depicted in the package. We appreciate your consideration on this project. Tf there is anything that HGA can do to help with the approval process, please don't hesitate to call, Sincerely, l~attiaetel, trree[e and Abraharasnn, Tnc. ~~~ Ran Sorenson Projec[ Manager CC: Scot BerlinsiCi, PDC on nave 1, Li ern .i=n .\Il r.~en:::. e.:, I..r 1619 San:n Llere Lire Huievilie, Ca lilurn la USA Y6661 ~~ ~ 7e lepr:one 916.7&7.§1e0 Faaimilc 916 J04.77 ti ITEM N0. 3 \L~ I I ~ I f ) Ht~IAVHANI ~ 9DU I C-G VAR 1207 GLEN MOLLY DR RCL Si SB-43 ROBIN HOOD CUP 2712 MOTEL p'~ RCL 7 i-72-2i (' J CUP 2757 n. RS-2 N cG ~H I- 1 DU EACH RCL 56-57-59 ._ CG.. fD ~ CUP 907 RCL 71-7223 VAR 67 W D' VAR 3026 5 CUP 3179 TRAVEL I ~ ~ Q VAR 1200 ~ CUP 2<94 CUP 1592 h1OTEI MOTEL fi y v U ~ Q Q RESTAURANT NQ J S ~ _ ~ ~ ¢ <" < Rs-2 c-p c-c W 1 DU EACH RCL 56.57-5^ ~ V ° cG F RCL 59-70-11 F = RCL l 6-67-59 CUP i243 ~ ~~ SMALL SHOPS SMALL SHCPS CUP 2538 Lei ~ VAR 2934 S:S. 8 FL ® I FOODMART 1 WEST ANAHEIM _ BALL ROAD COMMERCIAL CORRIDORo f® 418' I r c-c I I RCL 58-59-109 RCLlW30M?6 RCLfiU6344 VAR 2685 T.CUP 20616497 RM-2 CUP 1644 C-C' RCL 64-65-95 T~CUP 2]9~~ RCL B2-83a1 C-G RCL 79.80-16 MED. CUP 2775 RCL G2-fi3-73 ~ CUP ll97 ypp 10185 T aFFICE REST. CUP 2832 ~ O T COND S CUP 1964 12 DU ~ uR RRLL pO}pO69fi 63-14 I I ~ BEACH -BALL C-G W T-CUP 2Po6-049) r-cuP ZO6164aw ~ SHOPPING CENTERR 64~'fi5-95 J cuPZZes WP1]97 I _J - 66-17 ~ VAR 1814 5 CUP 1363 O UUUOR STORE ~ ~ T fMHP) aG C-G (MHP) RCL 92-83-28 C-G RCL 92-93-09 = RCL 82-83-28 CUP 763 RCL 58.59-09 RCL 68-69-11 U RCL 56-57-44 VAR 1832 CUP 200404857 CUP 2003-04875 Q MOBILE HOME PARK MOBILE VAR2fi85 CUP 3978 HOME (5 2 ~U 3) CCUP 508 CD PARK cUP 2625 VAR 2007 C-G EIR 312 RCL S6S7-44 (RCL 80-81-21) VAR 2211 S (CUP 2164) VAR 891 5 PICK YOUR PART HOBBY CITY ANAHEIM CITY LIMITS STANTON CITY LIMITS ~ Conditional Use Permit No. 2004-D4857 ~~ Subject Property Ay...._ ...' Date: Augu st 23, 2004 Scale: 1" = 200' Requested By: JOHN LEE Q.S. NO. 11 REQUEST TO PERMIT A CHURCH WITHIN AN EXISTING RESLDENCE WITH A SEPARATE ACCESSORY PASTOR'S QUARTERS WITH WAIVERS OF: (A) MINIMUM SETBACK FOR INSTITUTIONAL USES ABUTTING A RESIDENTIAL ZONE BOUNDARY (B) MINIMUM NUMBER OF PARKING SPACES 3026 West Ball Road 1429(2004-8-18) TTRM Nn. ~ Use Square Code Parkfng,Requiremanh Barking Feet Spaces Re aired Chapel (assembly) :, 480 29spaces per 1,000 square feet ':13.9 Building B of assembly area or 0.333?space erflxedseatwhicheveris rester Caretaker's Unit 1,547 ? 4 spaces 4 Buildin 'A Pastor's Office 102 4 spaces per 1;000 square feet of 0.4 Buildin B rdss floor area Restrddms for Buildin B 159 N/A N/A Gars a fdr Buildin `B 612 < N/A s N/A Kitchen 196 .02 pace/maximum capacity of 1 Buildin A kitchen area Accessory Church Uses (lobby 1,151: N/A N/A areas and bible rooms TOTAL 4,247 ' 19 [D4~AFT] RESOLUTION NO. PC2004--° A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04857 BE GRANTED (3026 W EST BALL ROAD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition foe Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 71, PAGES 23 TO 24, FILED AUGUST 6, 1975, BEING A PORTION OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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 18.60, 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 August 23, 2004. 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 to permit a church within an existing residence with a separate .accessory pastor's quarters with waivers of the following: (a) SECTION NO. 18.04.040.040 Minimum setback for institutional uses abuttino a residential zone boundary 15 foot wide setback required; 6 feet existing adjacent to the building and 6 feet proposed adjacent to the parking area) (b) SECTION NO. 18.42.040.010 Minimum number of oarkino spaces (DELETED) 2. That the waiver for minimum setback for a church use abutting a residential zone boundary is hereby approved based upon findings by the Commission that the irregular shape and narrow width of the property makes compliance with the required setback adjacent to the condominiums difficult. 3. That the proposed use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is located based on the one (1) year time limit, the limited hours of operation and the restriction on the number of congregants. 4. That the size and shape of the site proposed for the use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety provided the conditions of approval are implemented, including a landscape buffer adjacent to the west property line to protect the condominiums and a lighting plan to minimize light and glare impacts. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting the conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. Cr\PC2004-0 -1- P C2004- 7. That °'° persons indicated their presence at said public hearing in opposition citing parking concerns; and that "* letters were received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to permit a church within an existing residence with a separate accessory pastor's quarters with waivers of minimum structural setback and minimum numberof parking spaces (deleted); 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 City of Anaheim: 1. That the church is approved for a period of one (1) year, to expire on August 23, 2005. 2. That the hours of operation shall be limited to two services on Sunday no earlier than 10:00 a:m. and prayer meetings on Wednesdays from 8:00 p.m. -10:00 p:m. 3. That the .number of persons in the congregation at any one time that are driving age (sixteen (16) years of age and over) shall be limited to forty (40) persons. If the number of such congregates exceeds 40 members, at any one time, the applicant shall then submit a parking management plan to the Traffic and Transportation Manager for review and approval at a noticed public hearing. 4. That church activities shall end before 10 p.m., except on special church holidays (not exceeding ten (10) days per year). 5. That no outdoor services shall be permitted. All services shall be conducted within the building at all times. 6 That Building A shall only be used as a pastor's residence with no church uses (i.e., office uses) for the church. If Building A is used forany church purposes, this Conditional Use Permit shall be amended at a noticed public hearing to include the additional square footage of the residence. 7. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 8. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 9. That the driveway on Ball Road shall be reconstructed to accommodate ten (10) foot radius curb returns in conformance with Engineering Department Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 10. That an on-site trash truck tum-around area (or other acceptable method of trash pick-up) shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 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 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 -2- PC2004- graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. The revised trash enclosure location requires Planning Department and,.. Public Works Department, Streets and Sanitation Division approval 12. That any water backflow equipment and any other large water system equipment shall be installed to the satisfaction of the Water Utility Division behind the street setback area in a manner fully screened from all public streets and alleys. 13. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 14. That address numbers shall be placed on the building as to be readily visible from Ball Road in order to facilitate emergency vehicle response. Said information shall be specifically shown on plans submitted for building permits. 15. That adequate lighting of parking:lots, driveways, circulation areas, and grounds contiguous to buildings shall be provided with decorative lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite and shall not unreasonably illuminate the windows of the adjacent residences. That the minimum lighting level in the parking lot shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1 and the Tight standards shall not exceed a height of 12 feet. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 16. That aBurglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police Department and submitted in a complete form. 17. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and submitted in a complete form. 18. That prior to the start of any construction activities the applicant shall submit a Water Quality Management Plan (WOMP) prepared by a registered professional Civil Engineer in the State of California consistent with the requirements of Section 7 and Exhibit 7.11 of the Orange County Drainage Area Management Plan (DAMP) for New DevelopmenUSignificant Redevelopment projects. The WQMP shall: identify potential sources of pollutants during the long-term on-going maintenance and use of the proposed project that could affect the quality of the stormwater runoff from the project site; define Source Control, Site Design, and treatment Control (if applicable) best management practices (BMP's) to control or eliminate the discharge of pollutants into the surface water runoff; and provide a monitoring program to address the long-term implementation of and compliance with the defined BMP's. 19. That prior to the start of any construction activities, the applicant shall submit a Grading Plan prepared by a registered professional Civil Engineer in the State of California consistent with the requirements of Chapter 17:04 of the Anaheim Municipal Code. The grading plan shall be submitted to the Department of Public Works, Development Services Division for review and approval. A grading permit is required for cut or fills exceeding 500 cubic yards. Allow at least 8 weeks to obtain a grading permit. 20. That a landscape plan for the entire site shall be submitted to the Planning Services Division of the Planning Department indicating type, size and location of existing and proposed refurbished landscaping and irrigation for review and approval. Any decision by staff regarding the landscaping may be appealed to the Planning Commission as a Reports and Recommendatipns item. Once approved, the landscaping shall be installed and maintained in accordance with the plan. 21. That subject property shall be developed substantially in accordance with plans and specifications submitted to the Ciry of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibits Nos. 1, 2 and 3, and as conditioned herein. -3- PC2004- 22. That prior to issuance of a building permit, commencement of the activity authorized by this resolution or within a period of one (1) from the date of this resolution, whichever occurs first, Condition Nos. 8, 9, 10, 11, 14, 15, 18, 19 and 20 above-mentioned shall be complied with. Extensions for further time to_. complete said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code. 23. That prior to final building and zoning inspections or commencement of the activity authorized by this resolution Condition Nos. 12, 16, 17 and 21, as mentioned, shall be complied with. ' 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. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission .meeting of August 23, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures", "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, 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 Ciry Planning Commission held on August 23, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2004. iN WITNESS WHEREOF,1 have hereunto set my hand this day of ENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- ATTACHMENT - ITEM N0.3 SECTION 4 PETITIONER'S STATEMENT OF 7USTIFICATION FOR VARLANCEICODE WANER (NOT REQUIRED FOR PARKING WANER) REQUEST FOR WAIti'ER OF CODE SECTION: 1 `~, ~," 9 ~ ~sep'raEe~ tee ment is ~quired for each Code waiver) PERTAIiPiLNG T0: ~-~-7'I~Y~1t~ ~SZC" 1 ''~~'' cP'~"~ vt S-~5 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: 1. Thai there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other properh~ under identicai zoning classification in the vicinity; and That, because of such special circumstances, strict application of the zoning code deprives the property of privileees enjoyed by other property under identical zoning classification in the vicinity. In order to detemune 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: 2. Are. the special circumstances that appl 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: 4. Were the special cir 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 discrinunation, 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 is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. (/~' ~/ ~J~L' Signature o Property Owner or Authorized Agent Date DECEMBER L, 2000 CONDITIONAL USE PERMITNARIANCE NO. ~~~ . 2004 - 0 4 8 ,5 7 ITEM N0. 4 i~FNUw ~REE~pY (S~ ~ ROAO SANTA ANA CANYO~ I 1 I ,.,.. ,...,.. ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 2004-04B76 ~ Subject Property Date: August 23, 2004 Scale: Graphic Requested By: CANYON PLAZA, LLC O:S. No. 185 REQUEST TO CONSTRUCT A FREESTANDING BUILDING CONSISTING OF THREE COMMERCIAL RETAIL TENANT SPACES, ROOF-MOUNTED EQUIPMENT AND OUTDOOR DINING AREA IN CONJUNCTION WITH AN EXISTING COMMERCIAL RETAIL CENTER WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 5747 East Santa Ana Canyon Road v`i~n°s,~~s a',i, D 1447 on _ ~~. "~ ~ ~ !~ • _ t ` O CJF SANTF ANA t K ~` ~ n` C s,~^T eon aom ,~~~ s~ ,~ ~ 3 ~ i ~ ~ ~ i«a ywv' s ~'; ~ h ,.,• w' ~ ~ l ~ ~ `~ d ~ ~„/ i w p ~: ~ ~ n,' ~ ~ a ~ ' yt d+ ~ '- ., ~. u T ' r ,,.. ~.,~~ V g J ~: j. n m u " ' ~ A 1 ' "" 2 . ,~fav ~ 1 is ' t ~ a U 4.! + i ~Ci~i ~. ~ ~~ t9f ~R x '~ tt; ~ Y', F! ~ ~ ~ 1 ~ O t 3 ~ ~ 6 0 ~ uq ~ ~ _ ~ ~~ . ,~ .+.'~ci ~~ ~ ~ ~, 5 ~~ fd ~ ~ ~~ ~S 4 ' P %~ 5 ~ ~ ~ , ' ; ~ ~ G r ma^` m ~~ ~ ~ Il " ` . x . l Nm q x a r' s ~ Y~ ~ 6t" Yr ~ ~~ ~ ~.. /~ ~ r+.rr-' [~ v~ Nom S+ p ya vG \ h L D y ~ y`9 !'~4 `• / 1 k P Y Y ,k Q {j m :nom ,fi , " .~~ @~ L+ A'--`.w~ "~~a 4t sf ... .r~`:e ., .. .FArra~::1 _0 .,,_'~ ~ ~~~ ~ 'ma'd' ~~'3~ yet M1J ~ ^ 5' d ,+ ~ i 'zu~awoQS.~ i ~y"~ ~""4'ry. ~ {,/~~1. --+ F~'O ~ 2br' ` )` TTFM Nfl G Direction I Genera( Plan Designation North Neighborhood Center East (across Via Cortez) Residential LowiDensity South (across Santa Ana Canyon Road) School Site West (across Imperial Highway) Neighborhood Center ADDRESS/TENANT USE TOTAL SQUARE FEET PARKING RATIO Per 1;000 sq- tt, PARKING REQUIRED Titan Pool Su I Service/Retail 885 ! 5.5 4.8 Ace Hardware Service/Retail :9;826 5.5 54.0 BUILDING 5769 Cleaners Service/Retail 1,276 5.5 7.0 Can on Tailors Service/Retail 865 5.5 f4.7 For the Health ofilt Service/Retail 1,110 5.5 r6.1 Children's Orchartl ServicelRetail 1x200 5.5 6.6 Time Maker ;Service/Retail 560 5.5 3.0 Can on Travel Service/Retail 840; 5.5 4.6 Flower Girl Florist) Service/Retail 1;018 5.5 5.5 AAA:Sfioe Re air+ Service/Retail 380'' S.5 i'2.0 All Vacuum De oti Service/Retail 840 5.5 4.6 State Farm Insurance Office 430 :: 4 4:7 Pro AdPOne Medical/Dental 2,21.3' 6 !..13.2 BUILDING 5773 Mission:: Renaissance Service/Retail 850'. 5.5 4:6 Pink Art' Service/Retail 960 i 5.5 5.2 Fantastic Sam's Service/Retail 960 5.5 5:2 Tannin ' ServicelRetail 1,200' 5.5 i6'.6 Ci arStore Service/Retail 1,512: 5.5 I8':3 Beau Su I ServicelRetail 912 5.5 5',0 Scra "ih' in the`Hills Service/Retail 1;480' S.5 8,1 BUILDING 5775 Adami Restaurant` Full-Service Restaurant 4,800: 8 38.4 BUILDING 5781 Baja Fresh Fast Food Restaurant 2,500: 16 40 BUILDING 5791 Washin"ton Mutual Bank, Drive-Throw h 4,906' 6 .29.4 Total 161,262 1,155 [DRAFT] RESOLUTION NO. PC2004-' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04876 BE GRANTED (5747 EAST SANTA ANA CANYON ROAD) 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 1: THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A LICENSED SURVEYOR'S MAPS FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS SHOWN ON A MAP RECORDED IN BOOK 326, PAGES 18, 19 AND 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING A POINT ON THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY, AS DESCRIBED IN DEED RECORDED MARCH 7, 1940 IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35 WEST 298.59 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBEp IN DEED TO W.F. GLEASON AND WIFE, RECORDED MAY 22, 1951 IN BOOK 2191, PAGE 226 OF SAID OFFICIAL RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE SOUTH 74° 10' 35" WEST 715.09 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 818.20 FEET, AND WESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARC DISTANCE OF 133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 4, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS SOUTH 06° 28" 11" EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16' 25" WEST 609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 27, 1969 IN BOOK 9995, PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NORTH 70° 23' 17" EAST 132.19 FEET, NORTH 60° 52' 01" EAST 189.71 FEET, AND NORTH 56° 00'53" EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET, SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET TO THE NORTHWESTERLY CORNER OF SAID LAND OF W:F. GLEASON; THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND, SOUTH 03° 22' 25" EAST 464.60 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 1A: COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER MAP RECORDED IN BOOK 326, PAGES 18 THROUGH 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, 7160 FEET NORTHWESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF THE WESTBOUND LAND THEREOF AS SHOWN ON SAID TRACT NO. 7470; THENCE ALONG SAID NORTHWESTERLY LIEN OF SANTA ANA CANYON ROAD, SOUTH 74° 10' 35" WEST 507.09 FEET, AND NORTH 15° 49' 25" WEST 3.00 FEET, AND SOUTH 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 15° 49' 25" EAST 42.60 FEET; THENCE SOUTH 74° 10 35" WEST 660.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1968.00 FEET; THENCE ALONG SAID CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC LENGTH OF 228.71 FEET TO A Cr1PC2004-0 -1- PC2004- POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID WESTERLY LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A CURVE NORTHWESTERLY AND HAVING A RADIUS OF 818.20 FEET, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6° 26' 11" WEST; THENCE EASTERLY ALONG SAIp CURVE, THROUGH AN ANGLE OF 9° 21' 14"'; AN ARC LENGTH OF 133.56 FEET; THENCE ALONG TANGENT LINE, NORTH 74 10' 35" EAST 744.13 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA ROAD, AS SHOWN ON PLANS ENTITLED "PLAN AND PROFILE OF PLACENTIA-YORBA ROAD" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID COUNTY, DISTANT THEREON NORTH 0°28' 36" EAST 384.41 FEET FROM ITS INTERSECTION WITH THE CENTERLINE OF SANTA ANA CANYON ROAD, 60.00 FEET WIDE, AS SHOWN ON A MAP ON FILE IN SAID OFFICE OF THE COUNTY SURVEYOR; THENCE SOUTH 83°46' 57" EAST 230.68 FEET TO THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST 160.31 FEET; THENCE NORTH 71°12' 00" EAST 116.09 FEET TO THE SOUTHERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL C2577) RECORDED FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS IN SAID OFFICE; THENCE ALONG THE EASTERLY LINE OF SAID LOT 3, SOUTH 0° 32' 18" WEST 609.26 FEET TO A POINT IN THE NORTHERLY LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL RIGHT-OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON A MAP FILED IN BOOK 4, PAGES 44 TO 50 INCLUSIVE OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 818.20 FEET; THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE OF 323.85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET" IN PARCEL 2 OF THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF ANAHEIM_ (REL-820) BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED COPY OF WHICH RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47 OF SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP RECORDEp MAY 23, 1973 IN BOOK 9, OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE ALONG SAID EASTERLY LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' 03" EAST 257.80; FEET: THENCE NORTH 9° 56' 32" EAST 276.46 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2A: ALL THAT CERTAIN REAL PROPERTY BEING THAT PORTION OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL CONVEYED TO THE SANTA ANA VALLEY IRRIGATION COMPANY'BY DEED RECORDED JULY 18, 1934 IN BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, LYING WITHIN THE LIMITS OF THE SOUTHERLY PROLONGATION OF THE SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON A MAP FILED IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE EASTERLY LINE, AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY. -2- PC2004- WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 23, 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 18.60, 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 request to construct a freestanding building consisting of three commercial retail tenant spaces, roof-mounted equipment, and outdoor dining area in conjunction with an existing commercial retail center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 and 18.18.090.0202, with waiver of the following: SECTIONS 18.42.040.010 Minimum number of parking spaces. 1 155 required; 865 existing and proposed and recommended by the Ciry Traffic and Transportation Manager) 2. That the waiver, based on the parking study submitted by the applicant and under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use. 3. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use, since at peak demand only 69.5% of onsite parking spaces would be utilized. 4. That the waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use as there would be a surplus of 263 parking spaces at peak demand with the establishment of the proposed building. 5. That the waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 6. That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 7. That the size and shape of the site for the proposed use is adequate to allow full development of said uses 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 uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That the proposed uses, as conditioned herein, will not adversely affect the adjoining land uses and the growth and development of the area in which they are located. 10. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. 11. That **' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. -3- PC2004- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a freestanding building consisting of three commercial retail tenant spaces, roof-mounted equipment and outdoor dining area in conjunction within an existing commercial retail center with waiver of minimum number of parking 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 grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the number of tenant spaces in this commercial retail building shall be limited tp three (3). Said information shall be specifically shown on the plans submitted for building permits. 2. That there shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time without issuance of property permits as required by the Anaheim Municipal Code. 3. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. 4. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for building permits. 5. That all plumbing downspouts, ladders and/or other similar pipes and fixtures located on the exterior of the building shall be integrated into the architecture of the building. Said information shall be specifically shown on the plans submitted far building permits. 6. That there shall be no public telephones on the premises located outside the building. 7. That window signage shall not be permitted. 8. That if required to serve the building, the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 9. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or handscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 10. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division for the parcel on which the proposed building is located. A Certificate of Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 11. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: -4- PC2004- Addresses Site Design Best Management Practices (BMPs} such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zerp discharge" areas, and conserving natural areas. ® Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in the DAMP. a .Describes the Ipng-term operation and maintenance requirements for the Treatment Control BMPs. o Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 12. That prior to issuance of a certificate of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. a Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP o Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. e Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 13. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 14. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 15. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 16. 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 storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. Said information shall be specifically shown on the plans submitted for building permits. 17. 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 far review and approval. 18. That the location of the trash enclosure shall be reviewed and approved by the Public Works Department, Streets and Sanitation Division, for safety and the on-site trash truck turnaround. 19. That no roof-mounted balloons or other inflatable devices shalt be permitted on the property. 20. That no outdoor vending machines shall be permitted on the property. 21. That four (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 to the adjacent streets or properties. Said information shall be specifically shown on the plans submitted for building permits.. 22. That no outdoor storage shall be permitted on the premises. -5- PC2004- 23. That final sign plans for the wall signs shall be submitted to the Planning Services Division for review and approval. Any decision made by staff regarding the sign plans maybe appealed to the Planring Commission as a 'Reports and Recommendations' item. 24. That the plans submitted far building permits shall specify a decorative pavement treatment for the walkways/pedestrian accessways to the new building. 25. That all backflow equipment shall be located above ground and outside 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 the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for review and approval. 26. That all requests for new water services or fire tines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 27. That individual water service and/or fire line connections shall be required for each parcel or commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 28. That because this project has a landscaping area exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. Said information shall be specifically shown on the plans submitted for building permits. 29. That all existing water services and fire lines shall conform to current Water Service Standards Specifications. Any water service or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the cost to upgrade or to abandon any water service or fire line. 30. That the property owner shall submit a fetter to the Planning Services Division requesting termination of Conditional Use Permit No. 2003-04750 (to construct a full service restaurant with on-premises sales and consumption of alcoholic beverages, including outdoor dining, and roof-mounted equipment in the CL (SC) zone with waivers of maximum number of wall signs and minimum front setback adjacent to a scenic highway), Conditional Use Permit No. 2001-04428 (to permit the expansion of an existing full- service restaurant, including outdoor dining areas and the continued sales of alcoholic beverages for on-premises consumption in conjunction with an existing commercial retail center), Variance No. 4209 (waiver of prohibited roof-mounted equipment to retain aroof-mounted satellite dish antenna), Conditional Use Permit No. 3221 (to permit a veterinary clinic), Conditional Use Permit No. 1735 (to permit sales of beer and wine for on-premises consumption in a proposed restaurant), Conditional Use Permit No. 1727 (to permit sales of (a) beer and wine for on-premises consumption in a proposed restaurant, and (b) alcoholic beverages for on-premise consumption in a proposed restaurant) and Conditional Use Permit No. 1608 (to permit sales of beer and wine for on-premises consumption in a proposed restaurant). 31. 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, and 5, and as conditioned herein. 32. That all roof mounted equipment shall be in conformance with Exhibit Nos. 2 and 4 and shall be in compliance with Code Section 18.090:020 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. -6- PC2004- 33. That all outdoor dining shall be in conformance with Code Section 18.38.220.020.0201 through .0205. of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for` building permits. 34. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 5, 8, 9, 10, 11, 15, 16, 17, 18, 21, 23, 24, 25, 28, 30, 32 and 33, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code. 35. That prior to final building and zoning inspections, Condition Nos. 12 and 31,above-mentioned, shall be complied with. 36. 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 Ciry 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 23, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60. "Procedures' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 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 Ciry Planning Commission held on August 23, 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 7- PC2004- ITEM N0. 5 A O CL 6}52'6°V,~ L~6pZ to, ~~V~ 1/~ F O / 4 q6 ~VPR ~ \ c.i P - N c A ~ . VPR ' 5 4 2 a 661 94 °' 1 ~ SPO I v RCL 6 F 7 b2-fi9 It 4 m ~ ' <L 7 , saw-i RCL 6'1-62 6B VP FyCl CUp 2532 y~ ~ 69 6~ ls<1 CUP 384= _ . . cu»bo ... _ VAR 46& 61-14 ,:mopoov N 3624 RO`66- V ~ a arlNr REPAIR a CUp ' vEN _ i ~MPo ....: ~ ~PP 54.93., IFS / ,._ 7 to SP 94-1 e...cuF6i6o 154; 666 G 1 "'"> DA 4 IND c~v zs66 R ~ . + ' ~ T . SMALL FIRMS s1uuND. flRM sa 619 ~~ ,~,. h ' ~ si R10'ti3-091661 d 1 > CVP ]00.: VF44064 - 5 9 ORO et^. 61-63.691541 I SMAL611Np. SP 54-1 SP 94-1 Dn4 O ~ RCL60-6t-64 (1i RCL 6t-62.69 (73) m CUP tfi03 VAR 3475 6t-1 VAR 3479 CUP 7fi03 .~ I € 5P'~4 ~ ~ "~ RECREATIONA! SELF-STORAGE - T1 I SO~ 1 VEHICLE aTO. aac°~i'au lul ~ RCL 6fi-67-t4 SFI6LL IN]. -ani RCL Gt-62-64 Sh ,:(Ras of InL to ML) RCL 59-fi0-t7 CUP 2064A4875 . SPN 2063-00022 r ~ (CUP 3t) DISC sv sa.\ 94-1 VOLITE MFG INC ~ °A' ara. m~62~6s Is+1 a r v ui wo. FPiM DA3 m w SP 94-1 ~ SPf Q .-°~ U w~ DA3 RCL 66-67 14 r ~ SP 94-1 " " ~ CUP SMAL o`, 1O» RCl fiO.61 IDo '~ = ~ ~ DA4 ~ " Flf <mo pe,aa ~r LL CUP 376E '( ,~ RGL 58-5949 s>w-' ~ ~jUt~i w ' FRY'S ELECTRONICS ~ "~ CUP 1870 PACIFIC " aac6a6s 1541 sau wc. ~~ w r. . MESSENGER , F4¢M .. r ,. ., "" '.? ,"? SERVICES OA3 t DISK MFG 9~) .1 r " E`NAY ~gR, 'fit 87-60-39 6P 94 t E FR ~E-6t-tai 7 ERg1D P 3eo 61 R~v P 37 1P 3t24 SP 94-~ .R 4070 \R 3754 DPI 4,043 5 P q4.4 ~~P 2 pp-0420 q4.4 5 QP2 04389 ).BLDG. 5 OP1'p4369 GOPC\144p44, B5 J ~P 260~o42g5/ P A644 SG P SP9^4 .~a9 jr\JP ?•~p e044 U Conditional Use Permit No. 2004-04875 Subject Property Date: August 23, 2004 Scale: Graphic Requested By: KAISER FOUNDATION HOSPITAL Q.S. No. 150 REQUEST TO PERMIT THE TEMPORARY OUTDOOR STORAGE OF NEW AUTOMOBILES. 3400 East La Palma Avenue 1448 L j Y"' A t ~.n"'~ ~AAA ~ty({jj~~ ~a F ~ Y .~~~'~' ~ 4i 4 '.J 1 1 s 4mv' ° ~"q7 ~3u" bl~ ~~ t ~ 5 ~~~ C i_J 1 ` ~ a _ ~ ~ ,e „}yam.. ( ~'^ 4 `~ ~ `?i/ ~~ L~ 'kP ~ 1 t ~evJ I 4 4 ~.~- ~y ~a ~ t ''S % s a ais " ub 2 l i o- ~Q7 ' '^'^, mr" 1 ,~` ` ' t a ~ „rm=*"° i ,`.S' x 2-~ + ~ .p~s'+~~~ Q~~" n.~x-,. 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PC2004--* A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04875 BE GRANTED (3400 EAST LA PALMA 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: COMMENCING AT THE CENTERLINE INTERSECTION OF MILLER STREET AND LA PALMA AVENUE AS SHOWN ON PARCEL MAP NO. 90-334, AS PER MAP RECORDED IN BOOK 271, PAGES 42 AND 43 OF PARCEL MAP, IN THE OFFICE OF SAID COUNTY RECORDER, THENCE AT RIGHT ANGLES TO THE CENTERLINE OF SAID LA PALMA AVENUE SOUTH 16° 16'00" EAST 53.00 FEET TO A POINT ON THE SOUTHERLY LINE OF LA PALMA AVENUE (106 FEET WIDE) AS DESCRIBED IN THE DEED TO THE CITY OF ANAHEIM, AS RECORDED IN BOOK 5794, PAGE 284 OF OFFICIAL RECORDS OF SAID COUNTY, SAID POINT BEING TRUE POINT OF BEGINNING; THENCE EASTERLY ALONG SAID SOUTHERLY LINE NORTH 73° 44' 00" EAST 25.00 FEET; THENCE 4 SOUTH 16°16'00" EAST 32.23 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING AS RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77°25'53" AN ACRE LENGTH OF 47.30 FEET; THENCE TANGENT TO SAID CURVE NORTH 66° 18' 07" EAST 83.53 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE SOUTHWEST HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 55' 59" AN ARC LENGTH OF 94.18 FEET TO A POINT OF TANGENCY ON A LINE PARALLEL WITH AND DISTANT EASTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM THE EASTERLY LINE OF SAID LOT 6; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 3° 45' S4" EAST 1,017.06" FEET TO THE NORTH LINE OF THE SOUTH 12 FEET OF LOTS 5 AND 6 OF SAID ORANGE GROVE ACRES; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 73° 47' 20" WEST 30.72 FEET TO A LINE PARALLEL WITH AND DISTANT WESTERLY 15 FEET, AS MEASURED AT RIGHT ANGLES, FROM SAID EAST LINE OF LOT 6; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 3° 45' 54" WEST :978.30 FEET TO THE BEGINNING OF ANON-TANGENT CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 95.00 FEET, A RADIAL LINE FROM SAID NON-TANGENT POINT BEARS SOUTH 77° 28' 49" WEST; THENCE NORTHWESTERLY ALONG SAID NON-TANGENT CURVE THROUGH A CENTRAL ANGLE OF 46° 26' 39", AN ARC LENGTH OF 80.32 FEET TO A POINT ON ANON-TANGENT LINE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 29° 02' 10" EAST; THENCE LEAVING SAID CURVE SOUTH 86° 18' 07" WEST 81.33 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 75.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 77° 25' 53" AN ARC WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 23, 2004 at 1:30 p.m., notice pf said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit 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: Cr\PC2004-0 -1- PC2004- 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.080.050.0531. 2. That the proposed use as conditioned herein 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 proposed use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the site contains ample area for auto haulers to maneuver and unload vehicles entirely on 4he property. 5. That granting this conditional use permit will not, under the conditions imposed, be detrimental to the health and safety of the citizens of the City of Anaheim. 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: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby 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 health and safety of the Citizens of the City of Anaheim: 1. That the temporary storage of new automobiles is approved for a period of three (3) years to expire on August 23, 2007. 2. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 3. That the existing chain link fencing shall be interwoven with PVC slats. The fencing shall be of sufficient height to fully screen the materials stored outdoors from view of the public right-of-way. Said information shall be specifically shown on plans submitted to the Planning Services Division for review and approval. 4. That no barbed wire or razor wire shall be visible in any direction to any non-industrially zoned property or any public right-of-way, including the SR-91 (Riverside) Freeway. 5. That the outdoor storage of new automobiles shall not exceed the height of the perimeter fencing and shall not be visible to any adjacent public right-of-way, including the SR91 (Riverside) Freeway. 6. That the outdoor storage shall be limited to new automobile inventory. 7. That no advertising including advertisements placed directly on the automobiles shall take place at this location. 8. That the vacant industrial building shall not be utilized while the temporary outdoor storage of vehicles exists on this property. -2- PC2004- 9. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed"'"' and maintained in conformance with said approved plans. 10. That gates shall not be installed across the driveway in a manner, which may adversely affect vehicular trarFc in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval by the City Traffic and Transportation Manager. 11. That np required parking area shall be fenced or otherwise enclosed for outdoor storage use. 12. That no 'compact' or'small car' parking spaces shall be permitted. 13. That any loading and unloading of vehicles shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. 14. That adequate lighting of the parking and storage area, driveways, circulation areas, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles onsite. That the minimum lighting level in all parking and storage areas shall be one-foot candle, with a maximum to minimum ratio no greater than 15:1. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 15. That aBurglar/Robbery Alarm permit application, Form APD 515 shall be obtained from the Police Department and submitted in a complete form. 16. That a Fire Emergency Listing Card; Form APD-281 shall be obtained from the Police Department and submitted in a complete form. 17. That no activity other than new vehicle storage shall occur on the property. No vehicle repair, sales, rental, washing, detailing and/or salvage shall be permitted. 18. 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 No. 1, and as conditioned herein. 19. That prior to the commencement of the activity authorized by the resolution, or within one (1) year from the date of this resclution, whichever occurs first, Condition Nos. 3, 9, 10, 14, 15, 16, and 18, herein-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.40.040.040 and 18.42.040.010 of the Anaheim Municipal Code. 20. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 21. That this storage facility shall be maintained in compliance with Code Section 18.38.200 pertaining to outdoor storage. 22. 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. -3- PC2004- 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 witfi'each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 23, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 1860, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 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 August 23, 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 -4- PC2004- ITEM 5 THE PLATINUM TRIANGLE ATTACHMENT G RECOMMENDATION RESOLUTION RESCIND THE SPORTS ENTERTAINMENT (SE) OVERLAY ZONE (MISCELLANEOUS CASE NO. 2004-00082) RESOLUTION NO. PC2004-000 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL RESCIND THE RESOLUTION OF INTENT TO THESE (SPORTS ENTERTAINMENT) OVERLAY ZONE (RESOLUTION NO. PC2000-14) ' (MISCELLANEOUS CASE NO. 2004-00082). WHEREAS, on February 14, 2000, the Planning Commission adopted Resolution No. PC2000-14 amending Resolution No. PC2000-9 in its entirety, Hunt pro tunc, adopted in connection with Reclassification No. 99-0015 for real property situated in the City of Anaheim, County of Orange, State of California, described as those certain properties located in the approximately 807 acres bounded by the Santa Ana River on the east, the Anaheim Ciry limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company right-of-way on the north, and known as the "Anaheim Stadium Area" and further depicted in Attachment A to this Resolution; and WHEREAS, said Resolution provided for the exclusion of the above-described properties from the "CO" Commercial, Office and Professional Zone, "CL" Commercial, Limited Zone, "CH" Commercial, Heavy Zone, "ML" Limited Industrial Zone, "PR" Public Recreational Zone and "RS-A-43,000" Residential/Agricultural Zone, and to incorporate said described properties into the "CO(SE)" Commercial, Office and Professional- Sports Entertainment Overlay Zone, "GC(SE)" Commercial, Limited-Sports Entertainment Overlay Zone, "CH(SE)" Commercial, Heavy-Sports Entertainment Overlay Zone, "ML(SE): Limited Industrial-Sports Entertainment Overlay Zone, "PRISE)" Public Recreational-Sports Entertainment Overlay Zone and "RS-A- 43,000(SE)" Residential/Agricultural-Sports Entertainment Overlay Zone; and WHEREAS, upon reclassification, each of the above properties would be subject to the land use and development standards established by Chapter 18.50 (now Chapter 18.20) "Sports Entertainment Overlay (SE) Zone" of the Anaheim Municipal Code for the underlying Development District; .and WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of 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; and adopted Resolution No. 2004-94 certifying .Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the'Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. OOSSa for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive. citywide General Plan Update which included redesignating land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Office High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (1-5) Freeway, north of Katella Avenue; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents., visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle :include providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed- use projects integrating retail, office and higher density residential land uses; encouraging a regional inter- CR\PC2004-p -1- PC2004- modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing views and recreation and' " development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops and identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units {at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ration of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on July 12, 2004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassify properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions"); and WHEREAS, the City's Planning Consultant, City Staff and the City Attorney's Office have prepared a proposed replacement to Chapter 18.20, entitled "Platinum Triangle Mixed Use Overlay Zone', designated as Zoning Code Amendment No. 2004-00032, copies of which have been provided to the Anaheim City Planning Commission, including certain corrections and omissions thereto which are set forth in the Staff Report to the Planning Commission dated August 9, 2004, attached as Attachment "A" to Planning Commission Resolution No. ;and WHEREAS, the Platinum Triangle Overlay Zone will, if adopted, amend Chapter 18.20 "Sports Entertainment Overlay (SE) Zone" 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 August 9, 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 Platinum Triangle Overlay Zone and to investigate and make findings and recommendations in connection therewith; and 1. That the adopted (SE) Sports Entertainment Overlay Zone is not consistent with the Goals and Policies and vision for The Platinum Triangle set forth in the recently adopted citywide comprehensive General Plan Update (General Plan Amendment No. 2004-00419). 2. That rescinding the resolution of intent to reclassify the above-described properties to the (SE) Sports Entertainment Overlay Zone is required in conjunction with adoption of the new Platinum Triangle Mixed Use Overlay Zone for The Platinum Triangle to implement General Plan Goals and Policies. -2- PC2004- 3. That, by Resolution No. _, Planning Commission has recommended that the City Council amend the Zoning Code to replace the (SE) (Sports Entertainment) Overlay Zone (Ordinance No. ' 5673 pertaining to Chapter 20 of Title 18 of the Anaheim Muncipal Code) with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone. 4. That, by Resolution No. _, Planning Commission has recommended that the City` Council approve Reclassification No. 2004-00130 to reclassify certain properties described in said Resolution that have finalized to the (SE) Overlay Zone to the following Zones: I(SE) (Industrial -Sports Entertainment Overlay) to I (PTMU) (Industrial -Platinum Triangle Mixed Use Overlay) Zone; I(SE) ((Industrial -Sports Entertainment Overlay) Zone to 0-L (Low Intensity Office) Zone; and, O-L (SE) (Office Low -Sports Entertainment Overlay) Zone to O-L (Low Intensity Office) Zone to be consistent with the corresponding General Plan designations for the subject properties. 5. That persons indicated their presence at the public hearing in opposition to the proposal; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to rescind the resolution of intent to the (SE) (Sports Entertainment pverlay) Zone (Resolution No. PC2000-14) (Miscellaneous Case No. 2004-00082) in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130; and did recommend, by motion, that the City Council, as lead agency for the Proposed Actions, based upon its independent review of the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives may be required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle 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., including the subject proposal, and satisfy all of the requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O-H and O-L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend to the City Council that Resolution No. PC2000-14 approving a resolution of intent to the (SE) (Sports Entertainment Overlay) Zone be rescinded. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, 2004. 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, 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 Ciry Planning Commission held on August 9, 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 CR\PC2004- .doc -4- PC2004- ATTACHMENT A -5- PC2004- Figure 1 ZONING CODE AMENDMENT NO. 2004-00032 Y^ AMEND THE ZONING CODE TO REPLACE THE (SE) (SPORTS ENTERTAINMENT OVERLAY) ZONE (ORDINANCE NO. 5673 PERTAINING TO CHAPTER 20 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE) WITH THE (PTMU) (PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. MISCELLANEOUS CASE NO. 2004-00085 APPROVE AS TO THE FORM OF THE STANDARD PLATINUM TRIANGLE DEVELOPMENT AGREEMENT. -~- MISCELLANEOUS CASE NO. 2904-00082 RESCIND THE RESOLUTION OF INTENT TO THE (SE) (SPORTS ENTERTAINMENT OVERLAY) 'ZONE (RESOLUTION NO. PC2000-14). :99888 a The Platinum Triangle w9999ai' Date: August 9, 2004 Scale: Graphic 1409a ITEM 5 THE PLATINUM TRIANGLE ATTACHMENT H RECOMMENDATION RESOLUTION RESCIND THE STADIUM AREA MASTER LAND USE PLAN (MISCELLANEOUS CASE NO. 2004-00083) RESOLUTION NO. PC2004-- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THAT CITY COUNCIL RESOLUTION NO. 99R-39 APPROVING THE ANAHEIM STADIUM AREA MASTER LAND USE PLAN BE RESCINDED WHEREAS, on January 29, 1999, the Anaheim City Planning Commission did hold a public hearing and did recommend to the City Council the approval of the Anaheim Stadium Area Master Land Use Plan to provide for economic development and enhancement of the area surrounding and including the Angel Stadium of Anaheim and the Arrowhead Pond of Anaheim; and that said area (known at the time as the Anaheim Stadium Business Center) is bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company right-of-way to the north; and WHEREAS, on March 2, 1999, the City Council of the City of Anaheim adopted Resolution No. 99R-39 approving the Anaheim Stadium Area Master Land Use Plan and certifying Environmental Impact Report No. 321, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations, and adopting Mitigation Monitoring Program No. 106 in conjunction with its adoption of Resolution No. 99R-38 approving General Plan Amendment No. 361 re-designating the Anaheim Stadium Business Center as "Business Office/Mixed Use/Industrial" and making certain amendments to the Circulation Element and to the Safety and Seismic Safety Element; and WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of 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; and adopted Resolution No. 2004-94 certifying Final EIR No. 330, adapting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim .Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive citywide General Plan Update which included redesignating land use designations within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Uselindustrial to Mixed Use., Office High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle include providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed-use projects integrating retail, office and higher density residential land uses; encouraging a regional inter-modal transportation hub in :proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing CR\PC2004-_ doc -1- PC2004-_ views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive prpperty management agreements for multiple-family residential projects to ensure proper maintenance as the area develops and identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ration of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on July 12, 20004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment tJo, 2004-00032 to replace the {SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassify properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations ("Proposed Actions"); and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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 Actions 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 adopted Anaheim Stadium Area Master Land Use Plan is not consistent with the Goals and Policies and vision for The Platinum Triangle set forth in the recently adopted citywide comprehensive General Plan Update (General Plan Amendment No. 2004-00419). 2. That rescinding the resolution approving the Anaheim Stadium Area Master Land Use Plan is required in conjunction with adoption of a new Master Land Use Plan for The Platinum Triangle to implement General Plan Goals and Policies. 3. That persons indicated their presence at the public hearing in opposition to the proposal; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to rescind the Anaheim Stadium Area Master Land Use CR\PC2004- doc -2- PC2004- Plan (Miscellaneous Case No. 2004-00083) which generally encompasses the area including and surrounding the Angel Stadium of Anaheim and the Arrowhead Pond of Anaheim; generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company right-of-way to the north in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004- 00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004- _ 00130; and did:recommend, by motion, that the City Council, as lead agency for the Proposed Actions, based upon its independent review of the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004- 00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004- 00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives may be required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the previously- certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle 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, including the subject proposal, and satisfy all of the requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O-H and O-L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend to the City Council that Resolution No. 99R-39 approving the Anaheim Stadium Area Master Land Use Plan be rescinded. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, 2004. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM 1 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 August 9, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: CR\PC2004- doc -3- PC2004- IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. _ . _ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION Attachments to this resolution: Miscelleneous Case No. 2004-00083 -Figure (location map) CR\PC2004- .doc CR\PC2004- .doc -4- PC2004- ITEM 5 THE PLATINUM TRIANGLE ,4TTACHfVIENT 1 RECOMMENDATION RESOLUTION THE PLATINUM TRIANGLE MASTER LAND USE PLAN (MISCELLANEOUS CASE NO. 2004-00084) RESOLUTION NO. PC2004-- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL APPROVE THE PLATINUM TRIANGLE MASTER LAND USE PLAN WHEREAS, on January 29, 1999, the Anaheim City Planning Commission did hold a public hearing and did recommend to the City Council the approval of the Anaheim Stadium Area Master Land Use Plan to provide for economic development and enhancement of the area surrounding and including the Angel Stadium of Anaheim and the Arrowhead Pond of Anaheim; and that said area (known at the time as the Anaheim Stadium Business Center) is bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company right-of-way to the north; and WHEREAS, on March 2, 1999, the City Council of the City of Anaheim adopted Resolution No. 99R-39 approving the Anaheim Stadium Area Master Land Use Plan and certifying Environmental Impact Report No. 321, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations, and adopting Mitigation Monitoring Program No. 106 in conjunction with its adoption of Resolution No. 99R-38 approving General Plan Amendment No. 361 re-designating the Anaheim Stadium Business Center as "Business OfficelMixed Usellndustrial" and making certain amendments to the Circulation Element and to the Safety and Seismic Safety Element; and WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of 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; and adopted Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive citywide General Plan Update which included redesignating land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business OfficelMixed Use/Industrial to Mixed Use, Office High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue, and further depicted in Attachment A to this Resolution; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision far The Platinum Triangle include providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed-use projects integrating retail, office and higher density residential land uses; encouraging a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing CR\PC2004- doc -1- PC2004- views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River, developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Reatm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops and identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adapted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ration of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on July 12, 2004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassify properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions"); and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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 Actions 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 City Council has adopted its Resolution No. 2004-95 approving General Plan Amendment No. No. 2004-00419 which provided for a comprehensive citywide General Plan Update and included a redesignation of The Platinum Triangle area from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Office High, Office Low, Industrial, Open Space and Institutional land uses and set forth a vision and goals and policies for the development of The Platinum Triangle. 2. That the adopted Anaheim Stadium Area Master Land Use Plan is not consistent with the vision and goals and policies for The Platinum Triangle set forth in the recently adopted citywide comprehensive General Plan Update (General Plan Amendment No. 2004-00419) and, that, by Resolution No. ,the Commission recommended to the City Council that Resolution No. 99R-39 approving the Anaheim Stadium Area Master Plan be rescinded. CR\PC2004- doc -2- PC2004- 3. That the Platinum Triangle Master Land Use Plan is set forth in Attachment A to this resolution, which is incorporated herein as if set forth in its entirety, as modified by the modifications to The Platinum Triangle Master Land Use set forth in Attachment E to the August 9, 2004 staff report to the Planning Commission. 4, That the Platinum Triangle Master Land Use Plan provides for the implementation of the General Plan vision, goals and policies for The Platinum Triangle and will serve as a blueprint for future development and street improvements within The Platinum Triangle, including setting forth planning principles, development intensities, conceptual street, park and potential new signalized intersection locations and streetscape designs including, but not limited to, landscaping, lighting fixtures and street furniture and by identifing the existing Amtrack/Metrolink Station and the conceptual Anaheim Regional Transportation Intermodal Center (ARTIC) location. 5. That persons indicated their presence at the public hearing in opposition to the proposal; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to approve The Platinum Triangle Master Land Use Plan (Miscellaneous Case No. 2004-00084) which generally encompasses approximately 820 acres including and surrounding the Angel Stadium of Anaheim and the Arrowhead Pond of Anaheim; generally bounded by the Santa Ana River on Che east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company right-of-way to the :north in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004- 00129 and 2004-00130; and did recommend, by motion, that the City Council, as lead agency for the Proposed Actions, based upon its independent review of the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004- 00129 and 2004-00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives may be required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the previously- certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle 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, including the subject proposal, and satisfy all of the requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O-H and O-L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby recommend that the City Council approve The Platinum Triangle Master Land Use Plan. August 9, 2004. THE FOREGOING .RESOLUTION was adopted at the Planning Commission meeting of CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: CR\PC2004- doc -3- PC2004- 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 August 9, 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 Attachments to this resolution: Miscelleneous Case No. 2004-00084 -Figure (location map) CR\PC2004- :doc CR\PC2004- .doc -4- PC2004- ATTACHMEPdT A Miscellaneous Case fdo. 2004-00084 Figure 2 (location map) C R\PC2004- doc -5- PC2004- i MISCELLANEOUS CASE NO. 2004-00083 RESCIND THE RESOLUTION APPROVING THE ANAHEIM STADIUM AREA MASTER LAND USE PLAN (RESOLUTION NO. 99R-39). ~99eoao MISCELLANEOUS CASE NO. 2004-00084 908988® APPROVE THE PLATINUM TRIANGLE MASTER LAND USE PLAN. Date: August 9, 2004 Scale: Graphic 7409b ITEM 5 THE PLATINUM TRIANGLE ATTACHMENT J RECOMMENDATION RESOLUTION RECLASSIFICATION NO. 2004-00127 RESOLUTION NO. PC2004- *` A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00127 BE GRANTED WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of 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; and adopted Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the'Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided'for a comprehensive citywide General Plan Update which included redesignating land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Office High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing., employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades,(set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle include providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed-use projects integrating retail, office and higher density residential land uses; encouraging a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, :including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops and identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity pf up to 100 dwelling units per acre), CR\PC2004- doc -1- PC2004- 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ration of 0.50 and institutional development at a maximum floor ' "' area ratio of 3.0; and WHEREAS, on July 12, 2004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassify properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions"); and WHEREAS, the Anaheim City Planning Commission's July 12, 2004 motion did include initiation of a petition for Reclassification No. 2004-00127 for certain real properties situated in the City of Anaheim, County of Orange, State of California, and described on the attached map labeled 'Reclassification No. 2004-00127 -Property Descriptions'; and that the general location of each area is shown on the attached location map labeled 'Reclassification No. 2004-00127 -Figure 3 (location map).' WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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, Chapters 18.60 (Procedures) and 18.76 (Zoning Amendments), 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 this City-initiated proposal will establish a resolution of intent to reclassify certain properties within the Platinum Triangle from the 1(Industrial), C-G (General Commercial), O-L (Low Intensity Office) and PR (Public Recreation) zones to the O-H (High Intensity Once) zone. 2. That ordinances to rezone specific parcels to the O-H (High Intensity Office) zone will not be adopted until the underling property owner(s) request finalization of said zone, as conditioned herein. 3. That the Land Use Element of the Anaheim General. Plan designates subject properties for Office High. 4. That no development shall occur within The Platinum Triangle that exceeds the maximum allowable development analyzed by EIR No. 330; and, that the maximum amount of office development within that portion of The Platinum designated Office-Low and/or Office-High by the General Plan shall be no greater than 1,735,000 square feet. 5. That the proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community.. 6. That the proposed reclassification of subject properties 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. -2- PC2004- 7. That persons indicated their presence at the public hearing in opposition to the proposal; and that _ correspondence was received in opposition "" CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify the following areas to the O-H (High Intensity Office) zone: (1) An irregularly shaped area zoned C-G (General Commercial), O-L (Low Intensity Once) and 1 (Industrial) located at the northwest corner of Katella Avenue and Lewis Street, and having frontages of 640 feet on the north side of Katella Avenue and 675 feet on the west side of Lewis Street; (2) A rectangularly shaped area zoned 1 (Industrial) located at the northeast corner of Katella Avenue and Lewis Street, and having frontages of 910 feet on the north side of Katella Avenue and 620 feet on the east side of Lewis Street; (3) An irregularly shaped area zoned I (Industrial) located on the northeast side of Anaheim Way between Katella Avenue and Gene Autry Way, and having frontages of 1,710 feet on the south side of Katella Avenue, 1,460 feet on the northeast side of Anaheim Way and 1,100 feet on the north side of Gene Autry Way; (4) An irregularly shaped area zoned I (Industrial) located on northeast side of Anaheim Way between Gene Autry Way and a point 350 feet north of the centerline of Orangewood Avenue, and having frontages of 865 feet on the south side of Gene Autry Way, 1,490 feet on the northeast side of Anaheim Way, 180 feet on the northwest side of Stanford Court and 675 feet on the northeast side of Santa Cruz Street; (5) An irregularly shaped area zoned I (Industrial) located on the northwest side of Katella Avenue between the Atchison Topeka & Santa Fe Railway tracks on the west and Howell Avenue on the east, and having frontages of 580 feet on northwest side of Katella Avenue and 710 feet on the southwest side of Howell Avenue; (6) An irregularly shaped area zoned O-L (Low Intensity Ofrce) located on the northeast side of Howell Avenue between Sinclair Street and Katella Avenue and adjoining the State Route 57/Orange Freeway on the east, and having frontages of 400 feet on the south side of Sinclair Street, 300 feet on the northeast side of Howell Avenue and 470 feet on the north side of Katella Avenue; and (7) An irregularly shaped .area zoned 1(Industrial) and O-L Low Intensity Office located on the south side of Orangewood Avenue between a point 825 feet east of State College Boulevard and the Anaheim City Limits west of the Santa Ana River, and having a frontage of 1,830 feet on the south side of Orangewood Avenue and a maximum depth of 1,070 feet; in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nps. 2004-00128, 2004- 00129 and 2004-00130; and did recommend, by motion, that the City Council, as lead agency for he Proposed Actions, based upon .its independenk review of the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004- 00129 and 2004-00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives may be required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the previously- certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle are in compliance with CEQA and the State and Ciry CEQA Guidelines and are -3- PC2004- adequate to serve as the required environmental documentation for the Proposed Actions, including the subject proposal, and satisfy all of the requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O-H and O-L Zones, Initial Studies for those projects shall be prepared incompliance with CEQA requirements to determine whether additional environmental . documentation will need to be prepared. 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 Anaheim Municipal Code to exclude the above-described properties from the I (Industrial), C-G (General Commercial), O-L (Low Intensity Office) and PR (Public Recreation) zones and to incorporate said described properties into the O-H (High Intensity Office) zone upon the following condition which is hereby found to be a necessary prerequisite to the proposed use of subject properties in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Prior to introduction of an ordinance rezoning any parcel or parcels, the following shall be submitted to the Planning Department: (i) letter from the property owner (or property owners where applicable) or the property owner's authorized agent requesting reclassification to the O-L (Low Intensity Office) Zone, (ii) current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property, (iii) map of the property (including scale and dimensions), and (iv) payment of a filing fee in an amount as specified by resolution of the City Council. 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 the condition hereinabove set forth. Should said condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject properties; 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 as set forth in Section 18.76.070 (Effect of City Council's Failure to Adopt Rezoning Ordinance) of the Anaheim Municipal Code. THE FOREGOING RESOLUTfON was adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM 1 -4- PC2004- 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 August 9, 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 Attachments to this resolution: Reclassification No. 2004-00127 -Property Descriptions Reclassification No. 2004-00127 -Figure 3 (location map) -5- PC2004- Reclassification No. 2004-00127 Property Descriptions (to be provided) -6- PC2004- Reclassification No. 2004-00127 Figure 3 (location map) -~- PC2004- Figure 3 i foeaao^ RECLASSIFICATION NO. 2004-00127 m 9emeaoe RESOLUTION OF INTENT TO RECLASSIFY PROPERTIES FROM THE I (INDUSTRIAL), C-G (GENERAL COMMERCIAL), O-L (LOW INTENSITY OFFICE) AND PR (PUBLIC RECREATION) ZONES TO THE O-H (HIGH INTENSITY OFFICE) ZONE. The Platinum Triangle Date: August 9, 2004 Scale: Graphic 1418a ITEM 5 THE PLATINUM TRIANGLE ATTACHMENT a( RECOMMENDATION RESOLUTION RECLASSIFICATION NOh2004-00128 °r RESOLUTION NO. PC2004- ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00128 8E GRANTED WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of 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; and adopted Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General .Plan and Zoning Code Update, the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive citywide General Plan Update which included redesignating land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Offce High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing., employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to :implement the vision for The Platinum Triangle include providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed-use projects integrating retail, offce and higher density residential land uses; encouraging a regional inter-modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops and identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), -1- PC2004- 5,000,000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ration of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on July 12, 2004, the Anaheim City Planning Commission approved a" .motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassify properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the O-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions"); and WHEREAS, the Anaheim City Planning Commission's July 12, 2004 motion did include initiation of a petition for Reclassification No. 2004-00128 for certain real properties situated in the City of Anaheim, County of Orange, State of California, and described on the attached map labeled 'Reclassification No. 2004-00128 -Property Descriptions'; and that the general location of each area is shown on the attached location map labeled 'Reclassification No. 2004-00128 -Figure 4 (location map).' WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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, Chapters 18.60 (Procedures) and 18.76 (Zoning Amendments), 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 this City-initiated proposal will establish a resolution of intent to reclassify certain properties within the Platinum Triangle from the I (Industrial) zone to the O-L (Low-Intensity Office) zone. 2. That ordinances to rezone specific parcels to the O-L (Low Intensity Office) zone will not be adopted until the underling property owner(s) request finalization of said zone, as conditioned herein. 3. That the Land Use Element of the Anaheim General Plan designates subject properties for Office-Low. 4. That no development shall occur within The Platinum Triangle that exceeds the maximum allowable development analyzed by EIR No. 330; and that the maximum amount of office development within that portion of The Platinum designated Office-Low and/or Office-High by the General Plan shall be no greater than 1,735,000 square feet. 5. That the proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community. 6. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. -2- PC2004- 7. That persons indicated their presence at the public hearing in opposition to the proposal; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City. Planning Commission has reviewed the proposal to reclassify two irregularly shaped areas located (i) on the south side of the Southern Pacific Railroad and Atchison Topeka & Santa Fe Railway tracks between Lewis Street and State College Boulevard north of Katella Avenue, including properties on both sides of Howell Avenue, and (ii) on the east side of State College Boulevard between Howell Avenue on the north and the Atchison Topeka & Santa Fe Railway tracks on the south, from the I (Industrial) zone to the O-L (Low Intensity Office) zone (Reclassification No. 2004-00128); in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00129 and 2004-00130; and did recommend, by motion, that the City Council, as lead agency for the Proposed Actions, based upon its independent review of the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives may be required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle 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, including the subject proposal, and satisfy all of the requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O-H and 0-L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. 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 Anaheim Municipal Code to exclude the above-described properties from the I (Industrial) zone and to incorporate said described properties into the O-L (Low Intensity Office) zone upon the following condition which is hereby found to be a necessary prerequisite to the proposed use of subject properties in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Prior to introduction of an ordinance rezoning any parcel or parcels, the following shall be submitted to the Planning Department: (i) fetter from the property owner (or property owners where applicable) or the property owner's authorized agent requesting reclassification to the O-L (Low Intensity Office) Zone, (ii) current title report or preliminary title report showing the legal vesting of title and containing a legal description of the property, (iii) map of the property (including scale and dimensions), and (iv) payment of a filing fee in an amount as specified by resolution of the City Council. 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 the condition hereinabove set forth. Should said condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED, that 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 as set forth in Section 18.76.070 (Effect of City Council's Failure to Adopt Rezoning Ordinance) of the Anaheim Municipal Code. -3- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of °° August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim City Planring Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Ciry Planning Commission held on August 9, 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 Attachments to this resolution: Reclassification No. 2004-00128 -Property Descriptions Reclassification No. 2004-00128 -Figure 4 (location map) CR\PC2004- doc -4- PC2004- Reclassification No. 2004-00128 Property Descriptions (to be provided) -5- PC2004- Reclassification No. 2004-00128 Figure 4 (location map) -6- PC2004- Figure 4 ITEM 5 THE PLATINUM TRIANGLE ATTACHMENT L RECOMMENDATION RESOLUTION RECLASSIFICATION NO. 2004-00129 RESOLUTION NO. PC2004- ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00129 BE GRANTED, UNCONDITIONALLY WHEREAS, on May 25, 2004, the Gity Council of the Cjty of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of 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; and adopted Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Cade Update, the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort .Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive citywide General Plan Update which included redesignating land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Office High, Office Low, Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle include providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed- use projects integrating retail, office and higher density residential land uses; encouraging a regional inter- modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; :providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops and identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000;000 square feet of office space, slightly over 2,000,000 square feet of commercial uses, industrial development at a maximum floor area ration of 0.50 and institutional development at a maximum floor area ratio of 3.0; and -1- PC2004- WHEREAS, on July 12, 2004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution No. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130 to reclassify properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the 0-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions"); and WHEREAS, the Anaheim City Planning Commission's July 12, 2004 motion did include initiation of a petition for Reclassification No. 2004-00129 for certain real properties situated in the City of Anaheim, County of Orange, State of California, and described on the attached maps labeled 'Reclassification No. 2004-00129 -Property Descriptions'; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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, Chapters 18.60 (Procedures) and 18.76 (Zoning Amendments), 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 of certain properties {which are shown on the attached location map labeled 'Reclassification No. 2004-00129 -Figure 5 (location map)') to add the PTMU "Platinum Triangle Mixed Use Overlay"zone to the existing base zones, is as follows: Area A - from the I "Industrial" zone to the 1(PTMU) "Industrial -Platinum Triangle Mixed Use Oveday"zone on various properties located (i) on the west side of State College Boulevard between the Atchison Topeka & Santa Fe Railway tracks on the north and Orangewood Avenue on the south, (ii) on the north side of Orangewood Avenue between Anaheim Way and State College Boulevard, {iii) at the southeast corner of Katella Avenue and State College Boulevard, (iv) at the northeast and southeast corners of Orangewood Avenue and State College Boulevard, and (v) on both sides of Douglass Road south of Katella Avenue; Area B - from the O-L "Low Intensity Office"zone to the O-L(PTMU) "Low Intensity Office -Platinum Triangle Mixed Use Overlay" zone on various properties located (i) on the north side of - Orangewood Avenue between Anaheim Way and State College Boulevard, (il) at the northeast corner of Katella Avenue and State College Boulevard, (iii) southeast of the southeast corner of Katella Avenue and State College Boulevard, and (iv) on the south side of Katella Avenue between the Atchison Topeka & Santa Fe Railway tracks on the west and the State Route 57-Orange Freeway on-ramp on the east; Area C - from the PR "Public Recreation" zone to the PR(PTMU) "Public Recreation -Platinum Triangle Mixed Use Overlay"zone on two properties: the Anaheim Stadium property bounded by Katella Avenue and the Atchison Topeka & Santa Fe Railway tracks on the north, State College Boulevard on the west, Orangewood Avenue on the south, and the State Route 57-Orange Freeway and the Anaheim City Limits on the east, and the Anaheim Arena property at the northeast corner of Katella Avenue and Douglass Road; -2- PC2004- Area D - from the T "Transition" zone to the T(PTMU) "Transition -Platinum Triangle Mixed Use Overlay" zone on two properties: the northwest corner of Katella Avenue and Douglass Road, and property - east of the Anaheim City Limits and the Santa Ana River between the Southern Pacific Railroad tracks on the north and Katella Avenue on the south; .and Area E - from the C-G "General Commercial"zone to the C-G(PTMU) "General Commercial -Platinum Triangle Mixed Use Overlay"zone on property located on the south side of Katella Avenue between a line projected southerly from Howell Avenue on the west and the State Route 57- Orange Freeway on-ramp on the east. 2. That the Land Use Element of the Anaheim General Plan designates subject properties for Mixed-Use. 3. That no development shall occur on the above listed properties that exceeds the maximum amounts analyzed by EIR No. 330 for that portion of The Platinum Triangle designated Mixed-Use by the General Plan as divided into Districts (as indicated on Figure 5 of The Platinum Triangle Master Land Use Plan). The maximum allowable development shall be as follows: District Dwellinc Units Office Scuare Feet Commercial Square Feet Stadium 1,750 1, 760, 000 1, 300, 000 Arena 425 100.,000 100,000 Katella 4,250 775,000 544,300 Gene Autry 1,000 100,000 50,000 Gateway 1, 750 530, 000 50; 000 4. That the proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community. 5. That the proposed reclassification of subject properties does properly relate to the zones .and their permitted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. 6. That _ persons indicated their presence at the public hearing in opposition to the proposal; and that _ correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify various properties as follows: Area A -from the 1 "Industrial"zone to the 1(PTMU) "Industrial -Platinum Triangle Mixed Use Overlay"zone (properties generally located (i) on the west side of State College Boulevard between the Atchison Topeka & Santa Fe Railway tracks on the north and Orangewood Avenue on the south, (ii) on the north side of Orangewood Avenue between Anaheim Way and State Cotlege Boulevard, (iii) at the southeast corner of Katella Avenue and State College Boulevard, (iv) at the northeast and southeast corners of Orangewood Avenue and State College Boulevard, and (v) on both sides of Douglass Road south of Katella Avenue), Area B -from the O-L "Low Intensity Office" zone to the O-L(PTMU) "Low Intensity Office -Platinum Triangle Mixed Use Overlay" zone (properties located (i) on the north side of Orangewood Avenue between Anaheim Way and State College Boulevard, (ii) at the northeast corner of Katella Avenue and State College Boulevard, (iii) southeast of the southeast corner of Katella Avenue and State College Boulevard, and (iv) on the south side of Katella Avenue between the Atchison Topeka & Santa Fe Railway tracks on the west and the State Route 57- Orange Freeway on-ramp on the east), Area C -from the PR "Public Recreation" zone to the PR(PTMU) "Public Recreation -Platinum Triangle Mixed Use Overlay"zone on two properties (the Anaheim Stadium property bounded by Katella Avenue and the Atchison Topeka & Santa Fe Railway tracks on the north, State College Boulevard on the west, Orangewood Avenue on the south, and the State Route 57-Orange Freeway and the Anaheim City Limits on the east, and the Anaheim Arena property at the northeast corner of Katella Avenue and Douglass Road), Area D -from the T "Transition"zone to the T(PTMU) "Transition -Platinum Triangle Mixed Use Overlay"zone on two properties (the northwest corner of Katella Avenue and Douglass -3- PC2004- Road, and property east of the Anaheim City Limits and the Santa Ana River between the Southern Pacific Railroad tracks on the north and Katella Avenue on the south), Area E -from the C-G "General Commercial" zone to the C-G(PTMU) "General Commercial -Platinum Triangle Mixed Use Overlay"zone (property located on the south side of Katella Avenue between a line projected southerly from Howell Avenue. on the west and the State Route 57-Orange Freeway on-ramp on the east) (Reclassification 2004-00129); in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004- 00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128 and 2004-00130; and did recommend, by motion, that the City Council, as lead agency for the Proposed Actions, based upon its independent review of the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos, 2004-00082,2004-00083, 2004- 00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330; and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives maybe required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle 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, including the subject proposal, and satisfy all of the .requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the 0-H and O-L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. 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 Anaheim Municipal Code to reclassify the above-described properties, unconditionally, as follows: (a) To exclude Area A from the 1 "Industrial" zone and to incorporate said"properties into the 1(PTMU) "Industrial -Platinum Triangle Mixed Use Overlay"zone; (b) To exclude Area B from the O-L "Low Intensity Office"zone and to incorporate said properties into the O-L(PTMU) "Low Intensity Office -Platinum Triangle Mixed Use Oveday"zone; . (c) To exclude Area C from the PR °Public Recreation"zone and to incorporate said properties into the PR(PTMU) "Public Recreation -Platinum Triangle Mixed Use Overlay" zone; (d) To exclude Area D from the T "Transition"zone and to incorporate said properties into the T(PTMU) "Transition -Platinum Triangle Mixed Use Overlay" zone; and (e) To exclude Area E from the C-G "General Commercial" zone and to incorporate said property into the C-G(PTMU) "General Commercial -Platinum Triangle Mixed Use Oveday"zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject properties; 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 as set forth in Section 18.76.070 (Effect of City Council's Failure to Adopt Rezoning Ordinance) of the Anaheim Municipal Code. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council resolution in the event of an appeal. -4- PC2004- 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 August 9, 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 Attachments to this resolution: Reclassification No. 2004-00129 -Property Descriptions Reclassification No. 2004-00129 -Figure 5 (location map) CR\PC2004- .doc -5- PC2004- Reclassification Mo. 2004-00129 Property Descriptions (to be provided) -6- PC2004- Reclassification No. 2004-00129 Figure 5 (location snap) -7- PC2004- Figure 5 RECLASSIFICATION NO. 2004.00129 Y9 $'F n ~rv~ 1.' ~eea®o: RECLASSIFY PROPERTIES FROM: The Platinum Triangle (A) I (INDUSTRIAL) ZONE TO I (PTMU) (INDUSTRIAL - 9aeoaee PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (B) 0-L (LOW INTENSITY OFFICE) ZONE TO O-L (PTMU) (LOW INTENSITY OFFICE -PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (C) PR (PUBLIC RECREATION) ZONE TO PR (PTMU) (PUBLIC RECREATION -PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. (D) T (TRANSITIONAL) ZONE TOT (PTMU) (TRANSITIONAL - PLATINUMTRIANGLE MIXED USE OVERLAY) ZONE. (E) C-G (GENERAL COMMERCIAL) ZONE TO C-G (PTMU) (GENERAL COMMERCIAL -PLATINUM TRIANGLE MIXED USE OVERLAY) ZONE. Date: August 9, 2004 Scale: Graphic iais ITEM 5 THE PLATINUM TRIANGLE ATTACF9MENT nA RECOMMENDATION RESOLUTION RECLASSIFICATION NO. 2004-00130 RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00130 BE GRANTED, UNCONDITIONALLY WHEREAS, on May 25, 2004, the City Council of the City of Anaheim adopted Resolution No. 2004-95 approving General Plan Amendment No. 2004-00419 in conjunction with the approval of 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; and adopted Resolution No. 2004-94 certifying Final EIR No. 330, adopting a Statement of Findings and Facts and a Statement of Overriding Considerations and adopting the Mitigation Monitoring Programs (Mitigation Monitoring Program No. 122 for the General Plan and Zoning Code Update, the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle and the Updated and Modified Mitigation Monitoring Program No. 0085a for the Anaheim Resort Expansion Area) associated with the project ("Final EIR No. 330"); and WHEREAS, General Plan Amendment No. 2004-00419 provided for a comprehensive citywide General Plan Update which included redesignating land uses within an approximately 820-acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west and the Southern California Edison Company right-of-way on the north (referred to "The Platinum Triangle") from Commercial Recreation and Business Office/Mixed Use/Industrial to Mixed Use, Office High, Office Low., Industrial, Open Space and Institutional, generally corresponding to the property subject to the Anaheim Stadium Area Master Land Use Plan, except for approximately 15 acres adjacent to the east side of the Santa Ana (I-5) Freeway, north of Katella Avenue, and further depicted in Attachment A to this Resolution; and WHEREAS, the recently adopted General Plan envisions The Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and WHEREAS, the recently adopted General Plan includes policies in the Land Use Element and the Community Design Element to implement the vision for The Platinum Triangle include providing for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging mixed- use projects integrating retail, office and higher density residential land uses; encouraging a regional inter- modal transportation hub in proximity to Angel Stadium of Anaheim; maximizing and capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing views and recreation and development opportunities afforded by the area's proximity to the Santa Ana River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks, pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging extensive office development along the highly visible periphery of the area to provide a quality employment center; developing criteria for comprehensive property management agreements for multiple-family residential projects to ensure proper maintenance as the area develops and identify and pursue opportunities for open space areas that serve the recreational needs of Platinum Triangle residents and employees; WHEREAS, the adopted General Plan establishes a maximum development intensity for The Platinum Triangle for up to 9,175 dwelling units (at an intensity of up to 100 dwelling units per acre), 5,000,000 square feet of office space, slightly over 2;000,000 square feet of commercial uses, industrial -1- PC2004- development at a maximum floor area ration of 0.50 and institutional development at a maximum floor area ratio of 3.0; and WHEREAS, on July 12, 2004, the Anaheim City Planning Commission approved a motion to initiate the following applications and proceedings: Zoning Code Amendment No. 2004-00032 to .replace the (SE) (Sports Entertainment) Overlay Zone with the (PTMU) (Platinum Triangle Mixed Use) Overlay Zone (including rescinding Resolution No. PC2000-14, which approved the (SE) Overlay Zone); Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 to replace the Anaheim Stadium Area Master Land Use Plan with The Platinum Triangle Master Land Use Plan (including rescinding Resolution Np. 99R-39, which approved the Anaheim Stadium Area Master Land Use Plan) and to adopt a standard Development Agreement to apply to development within the PTMU Overlay Zone; and, Reclassification Nos. 2004-00127, 2004-00128, 2004-OD129 and 2004-00130 to reclassify properties within The Platinum Triangle to the (PTMU) (Platinum Triangle Mixed Use Overlay) Zone and the 0-H (High Intensity Office) and O-L (Low Intensity Office) Zones to reflect General Plan designations (the "Proposed Actions"); and WHEREAS, the Anaheim City Planning Commission's July 12, 2004 motion did include initiation of a petition for Reclassification No. 2004-00130 for certain real property situated in the City of Anaheim, County of Orange, State of California, described as follows AREA A PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 123, AS DESCRIBED IN PARCEL 1 AND 2 OF SAID LOT LINE ADJUSTMENT, RECORDED JANUARY 7, 1985 AS INSTRUMENT NO. 85-004456, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA. AREA B PARCEL 1: LOT 4 AND THE EAST 46 FEET OF LOT 5 OF THE TRAVIS TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 5, PAGE 120 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPTING FROM SAfD LOT 4 THAT PORTION, LYING EASTERLY OF THE CENTERLINE OF THE 40 FOOT COUNTY ROAD SECOND DESCRIBED IN THE DEED FROM B: R. DOUGLASS AND OTHERS TO THE COUNTY OF ORANGE, RECORDED OCTOBER 7, 1926 IN BOOK 682, PAGE 109 OF DEEDS. ALSO EXCEPTING THEREFROM THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION BY THE STATE OP CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 2, 1964 IN BOOK 7285, PAGE 833 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION BY THE COUNTY OF ORANGE, CA, A CERTIFIED COPY OF WHICH WAS RECORDED AUGUST 30, 1965 IN BOOK 7648, PAGE 943 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 178586[Y], A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5, 1972 IN BOOK 10069, PAGE 290 OF SAID OFFICIAL RECORDS. PARCEL 2: BEGINNING AT A POINT IN THE SOUTH LINE OF LOT Y OF THE VAN DE GRAAF TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 440 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, SAID POINT BEING 1443.6 FEET EAST OF THE POINT WHERE THE SOUTH LINE OF -2- PC2004- SAID LOT Y PRODUCED WEST, INTERSECTS THE WEST BOUNDARY OF THE RANCHO SANTIAGO DE SANTA ANA; THENCE NORTH 1012.35 FEET TO THE SOUTH LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; THENCE NORTHEASTERLY ALONG THE SOUTH LINE OF SAID RIGHT OF WAY 455.9 FEET; THENCE SOUTH 11904.25 FEET TO THE SOUTH LINE OF LOT Y; THENCE WEST 447.0 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF THAT CERTAIN PROPERTY DESCRIBED IN DEED RECORDED JUNE 20, 1928 IN BOOK 169, PAGE 417 OF OFFICIAL RECORDS, WHICH SAID POINT OF BEGINNING IS DISTANT SOUTH, MEASURED ALONG THE SAID EAST LINE 81 FEET FROM THE CENTER OF THE SOUTHERN PACIFIC RAILROAD AND RUNNING THENCE SAID POINT OF BEGINNING SOUTH ALONG SAID EAST LINE 25 FEET; THENCE AT RIGHT ANGLES EAST 20 FEET; THENCE AT RIGHT ANGLES NORTH 25 FEET; THENCE AT RIGHT ANGLES WEST 20 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN THE FINAL ORDER OF CONDEMNATION BY THE STATE OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED NOVEMBER 2, 1964 IN BOOK 7285, PAGE 833 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE LAND DESCRIBED IN THAT CERTAIN AMENDED FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 178586, A CERTIFIED COPY OF WHICH WAS RECORDED APRIL 5, 1972 IN BOOK 10069, PAGE 290 OF SAID OFFICIAL RECORDS. AREA C PARCELS 1 THROUGH 9, INCLUSIVE OF PARCEL MAP NO. 97-187, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP ON FILE IN BOOK 304, PAGES 31 TO 36 INCLUSIVE OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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, Chapters 18.60 (Procedures) and 18.76 (Zoning Amendments), 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 of certain properties, including removing the (SE) Sports Entertainment Overlay" zone, is as follows: Area A - from the I (SE) "Industrial -Sports Entertainment Overlay" zone to the I (PTMU) "Industrial - Platinum Triangle Mixed Use Overlay"zone on an approximately 3.7-acre rectangularly shaped property having a frontage of 287 feet on the west side of State College Boulevard and a depth of 556 feet, being located 335 feet north of the centerline of Orangewpod Avenue, and further described as 2045 South State College Boulevard; Area B - from the 1(SE) "Industrial -Sports Entertainment Overlay" zone to the O-L(PTMU) "Low Intensity Office -Platinum Triangle Mixed Use Overlay" zone on an approximately 8.7-acre triangularly -3- PC2004- shaped parcel located at the southwest corner of Cerritos Avenue and Douglass Road and adjoining the State'Route 57lOrange Freeway on the west, having a frontage of 1,474 feet on the ............ west side of Douglass Road and a maximum depth of 513 feet, and further described as 1501- 1551 South Douglass Road; and Area C - from the O-L (SE) "Low Intensity Office -Sports Entertainment Overlay" zone to the O-L "Low Intensity Office"zone on an approximately 24.5-acre irregularly shaped parcel having a frontage of 1,120 feet on the east side of Douglass Road and a maximum depth of 1130 feet, and being located 1,081 feet north of the centerline of Katella Avenue. 2. That the Land Use Element of the Anaheim General Plan designates the property in Area A for Mixed-Use, and the properties in Areas B and C for Office-Low. 3. That no development shall occur on the above-described properties that exceeds the maximum amounts analyzed by Environmental Impact Report No. 330, and further described below: (a) Area A is within the Gateway District of The Platinum Triangle as indicated on Figure 5 of The Platinum Triangle Master Land Use Plan. The maximum allowable development for this district shall be no greater than five hundred thirty thousand (530,000) square feet of office uses; fifty thousand (50,000) square feet of commercial uses; and one thousand seven hundred fifty (1,750) dwelling units. (b) Areas B and C are designated Office Low by the General Plan. The maximum allowable office development within The Platinum Triangle in that portion of The Platinum Triangle designated Office-Low and/or Office-High by the General Plan shall be no greater than one million seven hundred thirty five thousand (1,735,000) square feet. 4. That the proposed reclassification of subject properties is necessary and/or desirable for the orderly and proper development of the community. 5. That the proposed reclassification of subject properties does properly relate to the zones and their permitted uses locally established in close proximity to subject properties and to the zones and their permitted uses generally established throughout the community. 6. That persons indicated their presence at the public hearing in opposition to the proposal; and that correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to reclassify various properties as follows: Area A -from the 1(SE) "Industrial -Sports Entertainment Overlay" zone to the 1(PTMU) "Industrial -Platinum Triangle Mixed Use Overlay"zone on an approximately 3.7-acre rectangularly shaped property having a frontage of 287 feet on the west side of State College Boulevard and a depth of 556 feet, being located 335 feet north of the centerline of Orangewood Avenue, and further described as 2045 South State College Boulevard, Area B - from the 1(SE) "Industrial -Sports Entertainment Overlay" zone to the O-L(PTMU) "Low Intensity Office - Platinum Triangle Mixed Use Overlay" zone on an approximately 8.7-acre triangularly shaped parcel located at the southwest corner of Cerritos Avenue and Douglass Road and adjoining the State Route 57lOrange Freeway on the west, having a frontage of 1,474 feet on the west side of Douglass Road and a maximum depth of 513 feet, and further described as 1501-1551 South Douglass Road; and Area C -from the 0- L(SE) "Low Intensity Office -Sports Entertainment Overlay" zone to the O-L "Low Intensity Office" zone on an approximately 24.5-acre irregularly shaped parcel having a frontage of 1,120 feet on the east side of Douglass Road and a maximum depth of 1,130 feet, and being located 1,081 feet north of the centerline of Katella Avenue (Reclassification No. 2004-00130) in conjunction with the proposed Zoning Code Amendment No. 2004-00032, Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004- 00065 and Reclassification Nos. 2004-00127, 2004-00128 and 2004-00129; and did recommend, by motion, that the City Council, as lead agency for the Proposed Actions, based upon its independent review of the Initial Study prepared in connection with the Proposed Actions (Zoning Code Amendment No. 2004-00032, -4- PC2004- Miscellaneous Case Nos. 2004-00082, 2004-00083, 2004-00084 and 2004-00085 and Reclassification Nos. 2004-00127, 2004-00128, 2004-00129 and 2004-00130) and analysis whether the Proposed Actions may cause any additional significant effect on the environment which was not previously examined in FEIR No. 330, and associated Mitigation Monitoring Programs, unless additional or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that no additional significant effect will result from the proposal, no new mitigation measures or alternatives may be required, and that the Proposed Actions are within the Scope of FEIR No. 330, and that the previously-certified Final EIR No. 330 and the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle 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, including the subject proposal, and satisfy all of the requirements of CEQA; that no further environmental documentation need be prepared for the Proposed Actions. Moreover, as individual development projects and infrastructure improvements are proposed to implement The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone and the O-H and O-L Zones, Initial Studies for those projects shall be prepared in compliance with CEQA requirements to determine whether additional environmental documentation will need to be prepared. 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 Anaheim Municipal Code to reclassify the above-described properties, unconditionally, as follows: (a) To exclude Area A from the I (SE) "Industrial -Sports Entertainment Overlay" zone and to incorporate said property into the 1(PTMU) "Industrial -Platinum Triangle Mixed Use Overlay" zone; (b) To exclude Area B from the 1(SE) "Industrial -Sports Entertainment Overlay" zone and to incorporate said property into the O-L(PTMU) "Low Intensity Office -Platinum Triangle Mixed Use Overlay" zone: .and (c) To exclude Area C from the O-L(SE) "Low Intensity Office -Sports Entertainment Overlay" zone and to incorporate said property into the O-L "Low Intensity Office" zone. 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 as set forth in Section 18.76.070 (Effect of City Council's Failure to Adopt Rezoning Ordinance) of the Anaheim Municipal Code. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 (Procedures) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM -5- PC2004- I, Eleanor Morris, Senior Secretary of the Anaheim Ciry Planning Commission, do hereby _ _ _ certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 9, 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 CR\PC2004- doc -6- PC2004- ITEM N0. 6 ~Uv- MPY CHE`~ R$-2150 ~ '' C-GISC) RCL fi7-68-13 (8th-L RCL 73-7d-37 RCL 67-68-13 L_ RCL fi7-G8-12 RCL 67.68-12 1 DU EACH CUP 3fi51 KAISER PERMANENTE EMPLOYEE PARKING ASTORIA CIR CUP 1378 C-G(SC) RCL 73-]4-3] RCL 67-68-13 T-CUP 2004-048]1 UU Q R$-2($D) T-CUP 2001-04395 W Q ~ RGL s7-6e-13 (s) ~ RCl6]-fi642 cuP z99ao429z S1 w Q RCL 67-68-12 C-G(SC) < cuP Z6a6-04z4z ~ ~ ~ ~ = 1 DU EACH RCL 69-70-44 WP 36]3 Vl ~ RCL 67-68-13 T-CUP 2000-04281 `^ CUP 222] RCL 67-66-12 m N cuP zza4 p ARK COP 3599 ~ ~ cuP iese RCSE C CUP 4132 ((~ ICUP 2004.042]9) IR ~ ~ ICUP 2005 uKEVIE L VAR 2548 S W P AZA ~ KAISER PERMANENTE ~ HOSPITAL ~ RcLiisiaa] R$-2(SC) RCL fi7.00-03 RCL 67-68-13 (B) CUP 3339 RCL fi7-68-12 RCL 77-72-16 R ] 2 1 DU EACH CUP 1446 VAR 3021 5 MUBIS MART D 1~9~ VE ~ I McKtNNON RS-2(SC) RM-3(SC) 1 DU EACH RCL 77-78-31 VAR 2982 J~ n ou ~ P ~~OP~ ~~m ~\~ ° 11 < .. m VPR 52 ~ ~1 N~ ~\ 9 ~ -•~ ~ T ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 2000-04242 Subject Property TRACKING NO. CUP2004-04871 Date: August 9, 2004 Scale: 1" = 200' Requested By: LAKEVIEW PLAZA INVESTMENT COMPANY Q.S. No. 167 REQUEST TO EXPAND AN EXISTING WELLNESS SPA AND MASSAGE FACILITY AND TO MODIFY A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION. 430 North Lakeview Avenue - Bodycentre 1430 ~~. m y~ ~ ~ ~~ ~r C'.n ~i p _ Y ..;+'gL. _.~ (g x < ~ ~yj- ~~~~ J'~~ .x~ ~ ~~ 5.~!.. ~ t jai x~ u3'. ~'~~' +F `~ fi ''SSii °° ` rc £ i"l ~' 4 ~ ~ 5 s ~ x~.?<~p i ,,+., ~b a 5 +fi , r ~ F y ~ ~ ~ ~~ ~ "F' ~ ~ ~,Y*L'i ~ ~ III ~ ~ ~~, #~ f Y ~~ ~ r~ft .~ (n ~ ~ ~ ' +k ~ ""rro' Q ~ ~,~ ^' ', ~ ~ s ~ ~ ~~ ~ , x ~ r~° ~, ~+i ~~ ~~ ~ lA ~~ ,I ~ F ' ,. r~°~~ ~ ~ ~~ ~~~ TTLAR TT(1 C. (6) The petitioner requests'an amendment to the conditionip exhibits to allow for an 1300 square foot expansion of the' petitioner has+indicated'to staff that the additional space` demand for services. (6) The site plan (Revision No. 1 of Exhibit No. 1) indicates: t 432, which is!approximately 800 square feefin size. ThE Suites 430A„4308, and 434. No change to,the building.; Sr5108Jr March' 17 [DRAFT] RESOLUTION NO. PC2004-` A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-102 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2000-04242 (430A, 430B, 432 and 434 NORTH LAKEVIEW AVENUE) WHEREAS, on August 14, 2000, The Planning Commission adopted Resolution No. PC2000-94 granting Conditional Use Permit No. 2000-04242, to establish conformity with existing Zoning Code land use requirements for an existing nonconforming commercial retail center and liquor store on property located at 404 to 452 North Lakeview Avenue, and to permit a massage facility at 430 North Lakeview Avenue in the same center; and WHEREAS, on July 30, 2001, the Anaheim City Planning Commission did, by Resolution No. PC2001-102, reinstate Conditional Use Permit No. 2000-04242 for a period of five (5) years, to expire July 30,2006. WHEREAS, Resolution No. PC2001-102, adopted in connection with the subject use permit reinstatement includes the following conditions of approval: "1. That the massage facility portion of this conditional use permit shall expire five (5) years from the date of this resolution, on July 30, 2006. 31. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the Petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein." WHEREAS, the petitioner has requested to amend said conditions of approval and amend exhibits to expand an existing wellness spa and massage facility and to modify a condition of approval pertaining to time limitation. WHEREAS, the Anaheim City Planning Commission did receive a request for a modification/amendment to the subject Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 110, PAGES 48 AND 49 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 August 9, 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 18.60.190, 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 expansion is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.60.190.030 and 18:60.190.040. 2. That the proposed expansion will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; Cr\PC2004-0 -1- PC2004- (TRACKING NO. CUP2004-04871) 3. That the size and shape of the site proposed for the expansion is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; 4. That the traffic generated by the proposed expansion will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and , 5. That the granting of the conditional use permit under the conditions imposed. if any. will no! be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in apposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC2001-102, adopted in connection with Conditional Use Permit No. 2000- 04242, as amended by Resolution No. PC2004--**, to amend said conditions of approval and amend exhibits to expand an existing wellness spa and massage facility and to modify a condition of approval pertaining to time limitation; and BE IT FURTHER RESOLVED that the existing commercial retail center and liquor store at 404 to 452 North Lakeview Avenue, which were established as conforming uses by the original approval of this conditional use permit, are not subject to the time limitation; BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC2001-102, as amended, to read as follows: Massaoe Facility 1. That the massage facility portion of this conditional ase permit shall expire five (5) years from the date of this resolution, on August 9, 2009. 2. That, as stipulated to by the petitioner, the hours of operation shall be limited to Monday through Friday: 8 a.m. to 9 p.m. Saturday: 8 a.m. to 7 p:m. Sunday: 8 a.m. to 7 p:m. 3. That any activity described under Code Section 18.54 for Sex-Oriented-Business shall not be permitted on the premises. 4. That this business, including the conduct of all its employees, shall be operated in full compliance with Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments. 5. That all records of treatment shall be maintained on the premises for one (1) year and shall be made available for inspection by any authorized City official during regular business hours. 6. That this business shall be subject to unscheduled inspections by authorized City of Anaheim personnel in order to observe and enforce compliance with all applicable Code requirements. -2- PC2004- 7. That should a security system be installed, a security alarm system and alarm permit application shall be obtained from the Anaheim Police Department, Community Services Division. 8. That portable A-frame signs are not permitted by the Municipal Code and shall not be permitted as an advertising device for this business. Liquor Store with sales of alcoholic beverages for off-premises consumption 9. That no window signs shall be permitted at any time, in order to maintain unobstructed visibility of the store interior from the outside. 10. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 11. That no advertising of alcoholic beverages shall be located, placed or attached to any location outside the building; and that no audio advertising, either interior or exterior shall be permitted. 12. That no alcoholic beverages shall be consumed on the premises. 13. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 14. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 15. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. 16. That no fast-food service shall be permitted in the liquor store. Commercial Retail Center 17. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 18. 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. - 19. 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 dies. 20. That roof-mounted balloons or other inflated devices shall not be permitted. 21. That all trash generated from this commercial retail center shall be properly contained in trash bins contained 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. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 22. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted for approval by the Community Services Division of the Police Department and the Zoning Division of the Planning Department. -3- PC2004- 23. That no vending machines which are visible to the public right-of-way shall be permitted on the_ property. 24. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned in order to increase visibility of the commercial reiail center. - 25. That any existing or proposed roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section Nos. 18.18.090.0202 pertaining to the C-G(SC) (Commercial, Limited -Scenic Corridor Overlay)Zone. If proposed, such information shall be specifically shown on plans submitted for Zoning and Building Division approval. 26. That the number of tenant spaces shall be limited to fourteen (14) units, as specified on the exhibits submitted by the petitioner and approved by the Planning Commission. 27. That signage for subject facility shall be limited to all legal existing signage as of the date of this resolution. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item.. 28. That the property owner shall be responsible for maintaining the premises free of litter at all times. 29. That all public telephones (existing or proposed) shall be located inside a building. 30. That no outdoor storage, display or sale of merchandise or fixtures shall be permitted. 31. 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 Revision 1 of Exhibit No. 1 and Exhibit Nos. 2 and 3, and as conditioned herein. 32. 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. THE FOREGOING RESOLUTION was .adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60.130, "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 ) -4- PC2004- I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adapted at a meeting of the Anaheim City Planning Commission held on August 9, 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 -5- PC2004- ATTACHI~NT - ITEM N0. 6 tlYtl IYO ® ~ tl~ City of,4naheim POLICE DEPARTMENT DATE: July 27, 2004 TO: John Ramirez Planning Department FROM: Mike Lozeau Vice Detail Sergeant SUBJECT: Conditional Use Permit 2004-04871 LOCATION: The Bodycentre 430 N. Lakeview Avenue Anaheim, CA 92804 The Police Department has received an I.D.C. Route Sheet for Conditional Use Permit 2004-04871. The applicant is requesting to permit an expansion of an existing wellness spa with massage. The location is within Reporting District 1337, which has a Crime Rate of 68 percent below average. The Reporting District to the North is 1237 .and has a crime rate of 79 percent below average. The Reporting District to the South is 1437 and has a crime rate of 90 percent below average. The Reporting District to the West is 1436 and has a crime rate of 49 percent below average. The Reporting District to the East is 1338 and has a crime rate of 86 percent below average. From July 2003 to July 2004 this location has had no calls for service. The Anaheim Police Department does .not oppose the expansion to the facility; however, we would be opposed to the applicants deletion of a time limitation. We would like to request a 5 year time limit for the CUP. The business has remained in good standing. However, due to the type of business, we feel it is important to have some kind of a time limitation remain. Please contact me at extension 1451 if you require further information. f:\home\mminvin\2004.04871 The Bodycentre.doc Page 1 of 1 ATTACHMENT - ITEM N0. 6 John Ramirez From: Don Yourstone Sent: Tuesday, July 27, 2004 5:07 PM To: John Ramirez Subject: Body Center, 430 N. Lakeview Ave. On July 27, 2004, I conducted an inspection at the Body Center Massage Facility located at 430 N. Lakeview Ave. During my inspection I found that the business was operating within the conditions of Conditional Use Permit # 2000-04242. No active Code Enforcement investigations. 7/27/2000 ATTACHMENT - ZTEM N0. 6 RESOLUTION NO. PC2001-102 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC2000-94, AS AMENDED, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2000-04242, TO REINSTATE AND APPROVE THE MASSAGE FACILITY FOR A PERIOD OF FIVE (5) YEARS TO EXPIRE JULY 30, 2006 WHEREAS, on August 14, 2000, The Planning Commission adopted Resolution No. PC2000-94 granting Conditional Use Permit No. 2000-04242, to establish conformity with existing Zoning Code land use requirements for an existing nonconforming commercial retail center and liquor store on property located at 404 to 452 North Lakeview Avenue, and to permit a massage facility at 430 North Lakeview Avenue in the same center; and WHEREAS, Condition No. 1 of saidsesolution specifies: "That this conditional use permit as it pertains to the proposed massage facility shall expire one (1) year from the date of this resolution, on August 14, 2001." WHEREAS, on November 6, 2000, the Planning Commission adopted Resolution No. PC2000-119, to amend the aforementioned Resolution No. PC2000-94, nunc pro tunc, to correct Condition No. 20 regarding termination of previously-approved conditional use permits which were no longer being utilized; and WHEREAS, this property is developed with a commercial retail center including a massage facility (Body Centre) in the CL(SC) (Commercial, Limited -Scenic Corridor Overlay) zone; and that the Land Use Element of the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, property owner has submitted a request for modification of Condition No. of Resolution No. PC2000-94, as amended, pertaining to the 1-year time limitation for the massage facility to reinstate said business and to delete the time limitation; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on July 30, 2001 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 reinstatement of the massage facility (which will expire August 14, 2001) by the modification or deletion of the condition of approval pertaining to the one year a time limitation to retain the existing massage facility in an existing commercial retail center is permitted under authority of Code Section No. 18.03.093. 2. That the use, as reinstated and amended, is properly one for which a conditional use permit is authorized by the Zoning Code. 3. That the conditionally permitted use has been exercised in substantially the same manner as originally approved by the Commission. 4. That the massage facility 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. Tracking CUP 2001-04395 CR5144PK.doc -1- PC2001-102 5. That the massage facility, as proposed to be reinstated, will not adversely affect the adjoining land use and the growth and development of the area in which it is located; and that the Code "" Enforcement Division has indicated that no Code violations or complaints have been received regarding this massage business and that it has been operating in compliance with the conditions of approval as originally adopted. 6. That the size and shape of the site for the use, as proposed to be reinstated, is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 7. That the traffic generated by the use, as proposed to be reinstated, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 8. That the reinstating the massage facility, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 9. 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: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report (EIR) Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC94-2000 adopted in connection with Conditional Use Permit No. 2000-04242, as amended by Resolution No. PC2000-119, to reinstate and approve the massage facility portion of said conditional use permit for another five (5) years to expire on July 30, 2006; and BE IT FURTHER RESOLVED that existing commercial retail center and liquor store at 404 to 452 North Lakeview Avenue, which were established as conforming uses by the original approval of this conditional use permit, .are not subject to the 5-year time limitation; BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval of Resolution No. PC2000-94, as amended, to read as follows: Massage Facility 1. That the massage facility portion of this conditional use permit shall expire five (5) years from the date of this resolution, on July 30, 2006. 2. That, as stipulated to by the petitioner, the hours of operation shall be limited to: Monday through Friday: 8 a.m. to 9 p.m. Saturday: 8 a.m. to 7 p.m. Sunday: 8 a.m. to 7 p.m. 3. That any activity described under Code Section 18.89 for Sex-Oriented-Business shall not be permitted on the premises. 4. That this business, :including the conduct of all its employees, shall be operated in full compliance with Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments. 5. That all records of treatment shall be maintained on the premises for one (1) year and shall be made available for inspection by any authorized City official during regular business hours. -2- PC2001-102 6. That this business shall be subject to unscheduled inspections by authorized City of Anaheim personnel in order to observe and enforce compliance with all applicable Code requirements. - 7. Thak should a security system be installed, a security alarm system and alarm permit application shall be obtained from the Anaheim Police Department, Community Services Division. 8. That portable A-frame signs are not permitted by the Municipal Code and shall not be permitted as an advertising device for this business. Liquor Store with sales of alcoholic beverages for off-premises consumotion 9. That no window signs shall be permitted at any time, in order to maintain unobstructed visibility of the store interior from the outside. 10. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject property. 11. That no advertising of alcoholic beverages shall be located, placed or attached to any locakion outside the building; and that no audio advertising, either interior or exterior shall be permitted. 12. That no alcoholic beverages shall be consumed on the premises. 13. That no display of alcoholic beverages shall be located outside the building or within five (5) feet of any public entrance to the building. 14. That no person under twenty one (21) years of age shall sell or be permitted to sell any alcoholic beverages. 15. That beer shall not be sold in packages containing less than a six (6) pack; and that wine coolers shall not be sold in packages containing less than a four (4) pack. 16. That no fast-food service shall be permitted in the liquor store. Commercial Retail Center 17. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 18. 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. 19. 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 dies. 20. That roof-mounted balloons or other inflated devices shall not be permitted. 21. That all trash generated from this commercial retail center shall be properly contained in trash bins contained 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. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. -3- PC2001-102 22. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not>to-- unreasonably illuminate the window areas of adjacent properties, and that said lighting information shall be specified on plans submitted for approval by the Community Services Division of the Police Department and the Zoning Division of the Planning Department. 23. That no vending machines which are visible to the public right-of-way shall be .permitted on the property. 24. That the required trees adjacent to the public rights-of-way shall not be unnecessarily pruned in order to increase visibility of the commercial retail center. 25. That any existing or proposed roof-mounted equipment shall be subject to the requirements of Anaheim Municipal Code Section Nos. 18.44.030.120 and 18.84.062.032 pertaining to the CL(SC) (Commercial, Limited -Scenic Corridor Overlay)Zone. If proposed, such information shall be specifically shown on plans submitted for Zoning and Building Division approval. 26. That the number of tenant spaces shall be limited to fourteen (14) units, as specified on the exhibits submitted by the petitioner and approved by the Planning Commission. 27. That signage for subject facility shall be limited to all legal existing signage as of the date of this resolution. Any additional signs shall be subject to approval by the Planning Commission as a "Reports and Recommendations" item. 28. That the property owner shall be responsible for maintaining the premises free of litter at all times. 29. That all public telephones (existing or proposed) shall be located inside a building. 30. That no outdoor storage, display or sale of merchandise or fixtures shall be permitted. 31. 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 and 2, and as conditioned herein. 32. 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. July 30, 2001. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of iOriginal signed by J. Vanderbilt) IRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Eleanor Fernandes) SECRETARY., ANAHEIM CITY PLANNING COMMISSION -4- PC2001-102 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Fernandes, 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 July 30, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOYDSTUN, BRISTOL, EASTMAN, KOOS, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK fN WITNESS WHEREOF., I have hereunto set my hand this day of _, 2001. (Original signed by Eleanor Fernandes) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2001-102 ITEM N0. 7 ~l I I I I I I 1 GLEN HOLLY DR -'a RS-2 :H H 1 DU EACH W ~ U Y `L O yW ~ U N Q ~~ _ ~7 T (MHP) RCL 92-83-28 CUP 763 VAR 1832 MOBILE HOME PARK C~ CUP 2775 RCL 62.63-73 REST. CUP 2832 CUP 1964 BEACH-BALL RcLS4-ss-95 SHOPPING CENTER 6465.17 I CUP 7363 c-G RCL 92-93.09 RCL 68.69-11 CUP 2003.04815 CUP 3976 CUP 3606 CUP 51 CUP 2625 VAR 2001 EIR 312 (RCL 80.81-21) (CUP 2164) PICK YOUR PART W J O D] U Q W 0] GG RCL 71-72.23 (' CUP 2757 C-G RCL 71-72-23 VAR 67 CUP 3179 TRAVEL CUP 2494 MOTE! GUP 1582 RESTAURANT C-G I RCL 69-70-1 i f CUP 2538 LI S.S. B FI FOODMART VAR 18195 T T GG RCL 200160096 qCL 01-eb19 T-LUP 3003-0980] T-LUP3W109[59 CIIP 3160 CUp 136] VAR 18195 LILUDR SORE C-G (MHP) RCL 8283-28 RCL 5657-44 MOBILE HOME PARK C-G RCL 56-57-44 VAR 2271 8 VAR 891 S HOBBY CITY A D 1 DU ReSTV,URAn1 ~ Cli VAR 1207 RCL 57-58.43 ROBIN HOOD CUP 2712 MOTEL ~ to C-G RCL 565759 ~ CUP 907 ~ VAR 3028 5 VAR 1200 Y MOTEL6 Q S G-G RCL 56.57.59 RCL S6S7-59 nnUP cvn cn i i oc SMALL SHOPS ~.,~ WEST ANAHEIM ~ BALL ROAD t COMMERCIAL CORRIDORS !® 418' I r I ftCL 59-59-109 i VAR 2665 _.. _ CUP 1644 C-G Conditional Use Permit No. 2004-04857 Requested By: JOHN LEE '' Subject Property Date: August 9, 2004 Scale: 1" = 200' Q.S. No. 11 REQUEST TO PERMIT A CHURCH WITHIN TWO EXISTING RESIDENTIAL STRUCTURES WITH WAIVERS OF: (A) MINIMUM SETBACK FOR INSTITUTIONAL USES ABUTTING A RESIDENTIAL ZONE BOUNDARY (B) MINIMUM NUMBER OF PARKING SPACES 302fi West Ball Road 1429(20048-4) Use Square Code Parking Requirement f Parking Feet t :Spaces Re wired Chapel,(assembly) 480 29spaces per,1,000 square feet ':13.9 Building B of assembly area or 0.333'space er,fixed seat whichever is rester Caretakers Unit 1,547 i 4parking spaces 4 Buildin 'A Pastor'siOffice 102 4 spaces per 1',000 square feet of 0.4 Buildin B ross floor area Restrddms for Buildiri B 159 N/A N/A Gars a for Buildin ' B 612 N/A N/A Kitchen 196 .02 pace/maximum capacity of 1 Buildin `A kitchen area Accessory Church Uses (lobby 1,151': N/A i N/A areas and bible rooms TOTAL 4,247 19 RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04857 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petitioh for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as PARCEL 2 AS SHOWN ON PARCEL MAP RECORDED IN BOOK 71, PAGES 23 TO 24, FILED AUGUST 6, 1975, BEING A PORTION OF THE .NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 23, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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 18.60, 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: the following: That the petitioner proposes to permit a church within two existing residences with waivers of (a) SECTION NO. 18.04.040.040 Minimum setback for institutional uses abutting a residential zone boundary (15 foot wide setback required; 6 feet existing adjacent to the building and 6 feet proposed adjacent to the parking area) (b) SECTION NO. 18.42.040.010 'Minimum number of parking spaces (DELETED) 2. That waiver (a) is hereby denied on the basis that permitting a 6-foot setback adjacent to the residential condominiums to the west that have their outdoor patio areas facing the west property line would be negatively impacted due to additional traffic, lighting and noise impacts from the proposed church and the 6-foot landscape setback does not provide an adequate buffer for these impacts. 3. That the proposed church within two existing residences is hereby denied because the proposed church operation would be detrimental to the peace., health, safety, and general welfare of the local community; and that the proposed use is incompatible with the surrounding area and character of the local residential neighborhood to the west and the commercial properties to the north and east. 4. That although the size and shape of the subject property may be able to accommodate the existing two residences, the intensification of use from single family to a church use would intensify the site beyond the its capaciky; and, that it is reasonable to anticipate that full development and growth of the proposed use would result in more vehicles than the existing property may be able to accommodate; and that full development' of the proposed use would result in an over-intensification of the subject property and would negatively impact adjacent and surrounding properties. Cr\P C2004-0 -1- PC 2004- 5. That the size and shape of the site proposed for the use is not adequate to allow full.. development of the proposed use in a manner not detrimental to the particular area nor to the health and safety of the Citizens of the City of Anaheim. 6. That the traffic generated by the proposed use may impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. 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 a church within two existing residences with waivers of maximum structural setback and minimum number of parking spaces (deleted); 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 August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 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 August 9, 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 -2- PC2004- ATTACHMENT - ITEM N0. SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAVER (NOT REQUIRE/D~FOR PARKING WA~IVrER) REQUEST FOR WAIVER OF CODE SECTION: ~`6 .~~~ ~~ ° " ~I ~ 1. (~sep r e~ tea ment is r~quired for each Code waiver) PERTAINING TO: 7-y~~fL A-~ i~ ~'~• ~~5 Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be eranted 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 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: 2. Are the special circumstances that appl to the property different from other properties in the vicinity which aze in the same zone as your properly? _ 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: 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 the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances aze not pernritted. Signature o roperty Owner or Authorized Agent Date DECEMBER t2, 2000 CONDITIONAL USE PERMIT/VARIANCE NO. SUP ~0. 2ao4 - n ~ $ 5 7 ITEM N0. 8 L RM-2 (BCC) p `- RCL 2003-00095 RCL 2003-00093 -p C ER C-G RCL 77-78-23 RM-2 (BCC) RCL 98-99-11 -C -CUP 2003-0473 RCL 2001-000fi9 RCL 62-63-28 O RCL 98-99-11 7-CUP 2003-04776 _ SH OPP9NG RCL fit-63-28 CUP 2003-04681 ¢ W CENTER T-CUP 2003-0477 CUP 3429 C _UO T CUP 2003-04681 UP 307 Cly . CUP 3429 VAR 4041 ~~. RCL 71-72-02(1) CUP 2053 FURNITURE STORE'S J RCL 71-72-04 CUP 307 pC (Res of Intent to CL( VAR 4041 U~ 2G4 DU VACANT ~p APARTMENTS CANO PY LN C Z O O W C z m Q J ~ RS-2 Z 1 DU EACH ~ I I I 1 TRAN SIT A VENUE 2 ~- rn iACH w U Z NQ 7 N ~ yW T-CUP 2084-04872 -2 O K7 CUP 2871 - RM-0 iACH r O ~ VAR 2277 N APARTMENTS V H > PRI ATE SC OOL MALL AVE 860'to fhe centerline 01 Gilbert Street W Z O U ~ ANAHEIM CITY LIMITS L --454'-~'-` s--- 7 ORA NGE CO UNTY 41MIT 5 BROADWAY r z ~ Y _ [) m w ~ m O Z W w ~ ~ C7 Conditional Use Permit No. 2871 Subject Property TRACKING NO. CUP2004-04872 Date: August 9, 2004 Scale: 1" = 200' Requested By: CORNELIA S. CONNELLY Q.S. No. 33 REQUEST TO CONSTRUCT A NEW GYMNASIUM IN CONJUNCTION WITH AN EXISTING PRIVATE EDUCATIONAL INSTITUTION WITH WAIVER OF MAXIMUM STRUCTURAL HEIGHT ADJACENT TO A RESIDENTIAL ZONE BOUNDARY. 2323 West Broadway -Cornelia Connelly High School 1431 i'~-"b`~L'y t E '~ "^'+ ~F"'t^. ~vyy''Y Jy~~ ~ .M R t ~ !~ 1 ,„ k ~ °~'y hfi d ~ ~a ',d'°a r h r # r,~ ~~~ ~ ~ ~ # ~$ A 1 TRANSITAV~ '~ ~ ~'~~ ~ ~~~~~~ ~ ~ ~~~ *~ F ~ ~ ~ Kv S i ~ t ~ "a" rr„ S ~ ~ ~ p ~ I( „X - },, e ~ q ~ ~ {J~~ -ppti¢ {p7 ^'T" fi4 3`i C F o`u~'.Y' °w^ ti i {~ In r ~ CnS r 37„r. ~-a ) 3~" €~ d" ~~~s«+~L. -+.t,~ t., .~- r ~ .: ~ ,x~~~M ~~~~"~~. .4 ~,,~~''~ .qi aft r yp„ ~~ ° ;~ ~, ~F ~^ 3 'a F x i t~ m,~.'~n..-ds1°.,a9! _. .~~''~, ~«f" t c. cv .«w~ ,.' 6e-,.>n: +... ,.v._,w ~. ~ ' d' ~"'[ W ~ '.Z t '~.~ pp 1~ c t~ ;, r ~~ b -~' `~ yF~ ~ ~' ~ t,y---~' ---'~€o-r~ '1~,~ 3 ".p'eg' `~ ~. X(a' T ;'7 CNPA 918 288 6003 ~~ •~ d Arc Oitectu re En9in caring ~ Plan nln9 July 27, 2004 Mr. John Ramirez City of Anaheim Planning Department 200 South Anaheim Blvd. Suite 162 Anaheim, CA 92805 RE: Cornelia Connelly High School Gymnasium 2323 West Broadway Pre-File No. 2004-00043 Dear Mr. Ramirez: 07/28/04 12:29pm P. 001 ATTACHMENT - ITEM N0. 8 The above referenced project is currently scheduled for the August 9'" Planning Commission hearing. We respectfully request that this agenda item be continued to the next hearing on August 23`d in order for the design team to adequately prepare the Water Quality Management Plan required by the Development Services Division. The other items generated by the interdepartmental committee meeting, including exterior lighting and material and color call-outs have already been addressed. New plans depicting these revisions will be forwarded early next week. We appreciate your consideration on this project. If there is anything that HGA can do to help with the approval process, please don't hesitate to call. Sincerely, ~menel, Green seed Abenlea®saea, .Inc. r `,.~a~~ Ron Sorenson Project Manager CC: Scot Berlinski, PDC Vlamincl, Gn~cu .;n!: ASro ha nisn n, Inc. 1513 Sanla Clara Drive Roseville, California I15A 95661 Tn l.. .. ~. .. .. r. D1f. >~> 511111 C~~.:~:In (llL ]Oll ]T'lG ITEM N0. 9 RS-2 i DU EACH BRANDEAVE EDITHIA AVE vaR r DU 1991 CHATEAU AVE RS-2 DU EACH Y U m J ~ I I I I° I' I l l ~1 b ~ CRONE AVENUE Reclassification No. 2004-00126 9 Subject Property Variance No. 2004-04619 Date: August 9, 2004 Tentative Parcel Map No. 2004-137 Scale: 1" = 200' Requested By: SARKIS BALIKJI Q.S. No. 64 RECLASSIFICATION NO. 2004-00126 -REQUESTS RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE T (TRANSITION) ZONE FORMERLY THE RS-A-43,000 (RESIDENTIAL/AGRICULTURAL) ZONE TO THE RS-2 (SINGLE-FAMILY RESIDENTIAL) ZONE. VARIANCE NO. 2004-04619 -REQUESTS WAIVER OF MINIMUM LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET FOR ATWO-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION. TENTATIVE PARCEL MAP NO. 2004-137- REQUEST TO ESTABLISH ATWO-LOT, 2-UNIT DETACHED SINGLE-FAMILY SUBDIVISION. 1429 West Crone Avenue D 1432 RCL: 10~ ' RS-2 1 DU EACH RS-2 ul 1 DU EACH Q N VAR 2004. ~ U) Q RS-2 m 1 DU EA CH o! Lot No. ' Proposed Lot Area Proposed Lot Width` Proposed Lot De `th 1 ;10,080 70 ft. 144 2 :.8;820 70!ft. !126 RESOLUTION NO. PC2004-** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION. THAT PETITION FOR RECLASSIFICATION NO. 2004-00126 BE GRANTED (1429 WEST CRONE AVENUE) 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: THE EAST 70 FEET OF THE WEST 280 FEET OF THE SOUTH 300 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF LOT 48 OF THE ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF SURVEY BY WILLIAM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163, ET SEQ. ENTITLED "LOS ANGELES COUNTY MAPS". EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE NORTH LINE OF THAT STRIP OF LAND 60 FEET IN WIDTH CONVEYED TO THE CITY OF ANAHEIM BY DEEDS RECORDED MARCH 2, 1908 IN BOOK 157, PAGES 334 AND IN BOOK 157, PAGE 335 OF DEEDS RECORDS OF SAID ORANGE COUNTY. WHEREAS., the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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 18.60, 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 petitioner proposes reclassification of subject property from the T (Transition) zone to the RS-2 (Residential, Single-Family) zone or less intense zone. 2. That the Anaheim General Plan designates subject property for Residential Low 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 is consistent with the Residential Low land use designation for the property and 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. 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 reclassification of the subject property from the T (Transition) (formerly RS-A-43,000 (Residential/Agricultural)) zone to the RS-2 (Single-Family Residential) zone; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independentjudgment 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. CR\PC2004-0 -1- 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 Anaheim Municipal Code to exclude the above-described property from the T zone and to incorporate said described property into the RS-2 zone upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to preserve the safety and general welfare of the citizens of the City of Anaheim: , 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 far City Councii consideration, Condition No. 1, above-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 18.60.140 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 complied with within one (1) year from tihe date of this resolution, or such further time as the Planning Commission may grant. 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 regu ations. 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 may be approved or denied by the City Council at its sole discretion. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -2- PC2004- 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 August 9, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2004. IN W ITNESS W HEREOF, I have hereunto set my hand this day of SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC2004- [DRAFT] RESOLUTION NO. PC2004--*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04619 BE GRANTED (1429 WEST CRONE AVENUE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THE EAST 70 FEET OF THE WEST 280 FEET OF THE SOUTH 300 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF LOT 48 OF THE ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP OF SURVEY BY WM HAMEL, A COPY OF WHICH IS SHOWN IN BOOK 3, PAGE 163, ET SEQ. ENTITLED "LOS ANGELES COUNTY MAPS". EXCEPT THAT PORTION THEREOF LYING SOUTH OF THE NORTH LINE OF THAT STRIP OF LAND 60 FEET IN WIDTH CONVEYED TO THE CITY OF ANAHEIM BY DEEDS RECORDED MARCH 2, 1908 IN BOOK 157, PAGES 334 AND IN BOOK 157, PAGE 335 OF DEEDS RECORDS OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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 18.60, 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 establish atwo-lot, RS-2 single- family residential subdivision: SECTION NO. 18.92.150 Minimum lot frontaoe on a public or private street (frontage abutting at least one public or private street with leoal access to a public right-of-way or alley required; no frontage proposed). 2. That the above-mentioned waiver is hereby granted based on the special circumstances of this property due to its long depth and narrow width, making compliance with these Code standards difficult. 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. 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 waive the of minimum lot frontage on a public or private street for atwo-lot single-family residential subdivision; and does hereby approve the Negative CR\PC2004-0 -1- PC2004- 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 the City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid prior to the issuance of a building permit. The fee is currently 5 12,353/acre. Credit will be applied for the current development. The project architect or engineer must document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the fee will be proportional to the increase. 2. That the City of Anaheim Sewer Impact Mitigation Fee for the Combined West Anaheim, Zone C Area shall be paid prior to the issuance of a building permit. The fee is currently $ 218 /unit for residential developments. 3. That a detail of trash barrel storage location and trash collection pickup shall be approved by the Public Works Department, Streets and Sanitation Division. 4. 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. 5. That the :property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 6. That Variance No. 2004-04619 is hereby granted subject to the approval and recordation of Tentative Parcel Map No. 2004-137, and finalization of Resolution No. 2004-00126 now pending. 7. That signage as approved by the Planning Services Division shall be installed and readily visible from Crone Avenue, indicating the address and location of the rear house to facilitate response by emergency vehicles. 8. That the legal owner of Lot No. 2 shall acquire a recorded unsubordinated covenant granting an access easement from the legal property owner of Lot No. 1 for ingress and egress purposes to subject property. Said easement shall be designed in a manner satisfactory to the City Traffic and Transportation Manager and said covenant shall be in a form satisfactory to the City Attorney. A copy of the recorded covenant shall be submitted to the Planning Services Division. 9. 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 No. 1 and as conditioned herein. 10. 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, 6 and 8above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code, 11. That prior to final building and zoning inspections, Condition Nos. 7 and 9, above-mentioned, shall be complied with. -2- PC2004- 12. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. 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 August 9, 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 -3- PC2004- City of Anaheim [DRAFT] PLANNING ~EY~A~TIi~~I~I'I' .~- ,~" ~~~ August 9, 2004 .,,r Sarkis Balikji 1429 West Crone Avenue Anaheim, CA 92802 Following is an excerpt from the minutes of the Anaheim City Planning Commission meeting of August 9, 2004. 9a. CEQA Negative Declaration 9b. Reclassification No. 2004-00126 9c. Variance No. 2004-04619 9d. Tentative Parcel Map No. 2004-137 Owner: Sarkis Balikji, 1429 West Crone Avenue, Anaheim, CA 92802 Agent: Mamdouh Mina, 9649 East Flower Street, Suite D, Bellflower, CA 90706 Location: 1429 West Crone Avenue. Property is approximately 0.45-acre, having a frontage of 70 feet on the north side of Crone Avenue, located 38 feet east of the centerline of Hampstead Street. Reclassification No. 2004-00126 -Request reclassification of the subject property from the T (Transition) formerly RS-A-43,000 (Residential/Agricultural) zone to the RS-2 (Single-Family Residential) zone. Variance No. 2004-04619 -Request waiver of minimum lot frontage on a putilic or private street for atwo-lot single-family residential subdivision. Tentative Parcel Map No. 2004-137 -Request to establish atwo-lot, 2-unit detached single- family subdivision. ACTION: 1. That the legal owner shall provide the City of Anaheim with a public utilities easement if deemed necessary to provide electrical service to the project. 2. That prior to issuance of the building permit for the new house, a final map to record the division of subject property as approved for a two (2) lot residential subdivision shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor. Following approval, the final map shall be recorded in the Office of the Prange County Recorder (Subdivision Map Act, Section 66499.40). 3. That prior to approval of the final map, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with the approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the fnal map. 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, California 92803 www.anaheim.ne~ TEL (714) 765-5139 [DRAFT] 4. That prior to fnal map approval, the portions of the existing structures encroaching tnto`tfi'e proposed 20-foot wide access easement shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division. 5. That a reservation agreement for reciprocal access and maintenance of.the shared driveway shall be approved by the Subdivision Section. The agreement shall be recorded subsequent to the final map. 6. That approval of Tentative Parcel Map No. 2004-137 is contingent upon approval of Variance No. 2004-04619 and Reclassification No. 2004-00126 now pending. 7. That prior to approval of the final map, Condition Nos. 1, 3, 4, 5 and 6, above mentioned, shall be complied with. 8. 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. This decision shall become final unless an appeal to the City Council, in writing, accompanied by an appeal fee, is filed with the City Clerk within ten (10) days from the date of this letter or unless members of the City Council request review of this decision within said 10 days. Sincerely, Eleanor Morris, Senior Secretary Anaheim City Planning Commission Cc: Mamdouh Mina, 9849 East Flower Street, Suite D, Bellflower, CA 90706 CR DM.doc • ' SECTIl1M 4 PETiTIONER'SSTATEMENTOF ATTACHMENT - ITEM N0. 9 " ~ 7IISTIFICATION FOR VARIANCE/CODE WAVER (NOT REQUIRED FOR PARKING WAVER) REQUEST FOR WAVER OF CODE SECTION: ~ g ~ U ~ . ~ 3 d // (A separate statement is required for each Code waiver) PERTAINING TO: (~ ~ d'c-qu . /' e w~ev.'~'S. 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. Are there special c umstances 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 h a~ R~ P,,,t„ ~ C U V' Y'~'' i ~ vt I N Q 5 Are the special circumstances that ply to the property different from other properties in the vicinity which aze in the same zone as your property? es _ No If your answer is "yes," describe how the property is different: 3. Do [he special circumstances applicable to theproperty deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _ es No If your answer if "yes," describe the special circ stances: 4. Were the special circums es created by causes beyond the control of the property owner (or previous property owners)? _ Yes _ o EXPLAIN The sole purpose of variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved hick w I ha e the effect of granting a special privilege not shared by other property in the same vicinity and zone which is tot 'see ressly authorized by zone regulations governing subject prope .Use variances aze not permitted. ~i D Si atu e P Owner or Authorized Agent Date C TNARIANCE NO. DECEMBER 12, 2000 VAR N0. 2on4 - a 4 61,9 ITEM N0. 10 %! ~ ~°~/ i o,~ ~` ~ ~~ ~~ ~ ~~ T ftCL ]64b33 p6~ ANAHEIM HILLS 6LEMENiARY SCHOOL TTM (65<6 0.CL I0-01-J3 u~ RCL 2~03A01 9 VAR 3692 OPEN EPgCE ~i" ~ I ~ I ~I ~, ~~P ~. ~~ ~~ ~~ ,y" /K ~~ ~~;/ ,. ~~ ~ , ~~ ~_ ~: ,, OPEN SPACE ~/ ~~ u:n P .w oay ~5~ ~ FIEt1~G - E~I9Orv fliWE fl~ y5G %; 0PEH~6PA6 - '.. r VAR 3693 OPEN SPACE ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Reclassification No. 2003-00109 Tentative Tract Map No. 16545 ® Subject Property Date: August 9. 20D4 Scale: Graphic Requested By: RED CURB INVESTMENTS Q.S. No. 286 RECLASSIFICATION NO. 2003-00109 -REQUESTS RECLASSIFICATION OF THE PROPERTY FROM THE T (TRANSITION) ZONE FORMERLY RS-A-43,000 (SC) (RESIDENTIAL/AGRICULTURAL;SCENIC CORRIDOR OVERLAY) ZONE TO THE RH-2(SC) (SINGLE-FAMILY HILLSIDE RESIDENTIAL; SCENIC CORRIDOR OVERLAY) AND OS (SC) (OPEN SPACE; SCENIC CORRIDOR OVERLAY) ZONES. TENTATIVE TRACT MAP NO. 16545 -REQUEST TO ESTABLISH A 28-LOT, 21-UNIT DETACHED SINGLE-FAMILY SUBDIVISION. No address D 1433 +~1 1\ ~I\ G~ou [non A ~` ATTACHMENT - ITEM N0. ZO August 3, 2004 City of Anaheim Planning Dept PO Box 3222 Anaheim, Calif. 92803 Re: Robbers Peak TTM 16545 Amy Vasquez, 1 am requesting an extension to the 9.6.04. Commision meeting. This will give us time to respond to the MND questions in an orderly fashion. Very Best Regards, Tom Hartley 25971 Arriba Linda, Laguna Niguel, Calif. 92677 949..364.1188 ZTEM N0. 11 iHOP JU ~,U UU ~U~ U U~ tt SP 94-1 SP 94-1 RCL 65-66-24 (6) RCL 65-66 24 (32) "~ SP 94-1 RCL 65-66-13 DA2 RCL 65-66-24 (4) VAR 2862 EXPANDED RCL 65-66-13 VAR 2456 INDUSTRIAL DA2 ADJ 0021 EXPANDED DA2 EXPANDED INDUSTRIAL INDUSTRIAL SP 94-1 RCL 65-66-24 (20) RCL 65-66-13 ;79) F- W W ~ SP 94-1 RCL 65-66-24 (27) SP 94-1 SP 94-1 ~ RCL 65-66-13 RCL 65-6fi-24 (16) RCL 65-66-13 RCL 65-66-24 (Z6) Z ADJ 0061 CUP 2109 VAR 2004-04618 RCL 65-66-13 P Q RIVERBEND CU 1865 PACIFIC BELL (n ADJ 0057 VAR 245fi c DA2 ~ IND. CENTER ApJ 0021 EXPANDED SEAGATE INDUSTRIAL W EXPANDED SUBSTRATES, INC. W INDUSTRIAL EXP LADED ~ INDUSTRIAL i 509' 385'-mo t CORONADO STREET 1 I SP 94-1 SP 94-1 96 RCL 65-66-24 (3) SP 94-1 RCL 65-fib-2a (51 Sp c,4. RCL 65-66-13 RCL 65-66-24 (5) RCL 65-66-13 Dq ; CUP 2001-04450 RCL 65-66-13 CUP 2076 E%PAN DED SPRAYON PRODUCTS INC. STORAGE YARD CUP 1997 iNDl15T RIAL DA2 DA2 IND BLDG. EXPANDED EXPANDED DA2 INDUSTRIAL INDUSTRIAL EXPANDED INDUSTRIAL Variance No. 2004-04618 Subject Property Date: August 9, 2004 Scale: 1" = 200' Requested By : ISMOS INVESTMENT COMPANY Q, S. No. 154 REQUESTS WAIVERS OF: (A) MAXIMUM HEIGHT OF FREESTANDING SIGN (B) MAXIMUM WIDTH OF FREESTANDING SIGN TO WAIVE THE MAXIMUM HEIGHT AND WIDTH L IMITATIONS TO PERMIT AND RETAIN AN EXISTING SIGN ON A FREESTANDING ARCHITECTURAL FEATURE ON AN EXISTING INDUSTRIAL PROPERTY. 3845 East Coronado Street ~.. 1 3 + i i S ! S }. i i, ~"p. 3 ,~ 6P 94d f x .._ a " n~ ~ ,~ -T~~Y,~~' ,. .» .~#.'~s firs"i.~,. x-s~ , ka a h a..., .. +ro-'.. .,. ... h x ,i 8P 9C1 ~ ~ I ,~~ ~, ~~ s ~.,G ~~ ~~ $ Y y ~ ¢ 1 m ~ ~ 5_~ ~ ~ ~ ~1'Y'=~T ~_~ 5 I ~ ~ SP 9d1 ~~'"-+~ y ~ SP 061 pp tILLL ~ `~ 5~ ~ ~ .e°s "~s!~i.. t z . 7 ~ `} ~ Y 4 nt:: ~- *n ~ ~ 5- ..t~"Y, s~, ~} ~ Stp ~ .i t r~} ; ~ ~v~~ ,n ~ ? .r ' .~rl 6 ' ,. ~ L w ~ ~ ~Ji v~, m{~ + g j ,r,. ~ I 4 ~ ~ ~ .ti a ¢ f .+Mr ~`*a= +,4 ~ s ~` ~~ qys"' <fi '' ,rya t"(<~~~ K+ ( .C .~ t fi ~ ~ df f>~ f ;~~. y,+ a v1- ^ v r ~ v' ~~'s'~tt !r'*F''~`5 s ~~ a3 k~~~~~x ri r ~ .c~ T e~~7~ rte.. ~~u~s.~ ~1~ vs ~r"~,q:~~,~~'.~ 1~..'~ }`~j ~.~ r '~¥~~ ~ ~ ~~r Lr ~a ~^ ~ ~' use ,vim ts~ ' r } -.-.-.,-.~~m.,...n... D 3 "~ ~°'H-~n aw '- ~ ~ ~ ' ~ ` '~'~ o--e ~ ~ C ,„~"~9~~°f ~z ~3i is 4 5 '~. ~ gg E # I fi aPe ~.~ ~ 5 ~~ 5 k +k.,~.. - ~ ~ ~ ~ xld ~u JI z '~ `+R , . `~° '.1gk2'4, z,( ~' .. b 6~T ~'~ ~c'.d,.~~`4'Nf"-Y..c +S fi~.{'' 9 u 33.rc.,da~~'~'r-' „~. +-., s t ~'' "`~:~^,F~a~~,~`,~'Ji"i" ~a~ ~ "~~,t,5e ,'.~,*^ ~ 3r ''~~A. K a:' z . s ~7-x ~. ~ ~" "~~ ~ x v+ ~-.,. ~ ~ i „~ ~ ~' ~ x ~ a g 1 i l ~ GSm A~ ~ ~.,.~' ~3u'~"r!`~ ~ ,z.-yu sb' .~ ,. xy""F' -~~ 1-.y F' Y ,!' x ...r9 ,ci6R6a1, U '"~" ` } x ~J ~.',`•" .ae S +~ s ~. c? "~~„ '''=d l f~ ~ ~ r ~.~o'"~ , ~ ~ s `~ ~ 4z 81s'' J r.~ `,x,,~s~~•~`~',-~"eY~C'' ~ 1 • s {° +~ _ .~ ~ ~ 3 qP '~ tf 'mac '3s '~fi =3 Yrv i f S. ~ ss `'~ s~-S`~ xv .^~r u-xv sY ~ ivi' .U ':+.d +~r+-W # '"t 9r ., r :~c,~ s_, flf, ~ f a kfi %u sM ..S -Jess! ~~,-„xd crNr.~-4:. y re .`4' :~ '-~' ... 'f. y .- " ~ r .~. ~, -; a . ~~~.``;;~,~'.~s ~F-;, ~v~ CORONADO 'r~, r.~ ~.5~i,~zF ~?~ ~ ~~.~,?4.~s~F ~' ~~ r r F,~,~ s ~. ~ _,. .. .-4. !Y -a° 4 ~ ~ ,t ~ vri....m.. ~ :=.~.z:~w- p ~ y ay4 1 ,~. `l .~.: ~ . ~'„~` ~`',^s^?„~:~"`'v,a~l ~ i1 -n5; .~~ ~ 1 s <r *~s~ir3 amt A°.'s Sys `" .r~~" iY y: ~' gF "" n, 9F q 3 ~ ~m ' ~ ~ -~ s t ~a~ BP94'~ ~YC ~ d ~ ~ ; ~} y`q~~~~{IIII R( r n A 1Y f >~afi kk ~i' m 9P9~1 n,. ~.,. `mss c, r. F+,~~ ~ ~a s.+.vc,~..z~ui SP 91.1 .1 ~ S. f~ ~" SP 9~.1 SP'..4 K~~ Fm } 5c.u .i iW~ y~ x € ~+ v ! CC ~ ~ ~ ~ , ,r sP 9a1 a o ~, .. ~' 7 .,,;i ~sP 9e 1 ~ ~._ ~ ~~ ir~`.,~~~ ~d ~ ~.,,` # as. i ~ sad 6€ .~' ,> €., r ~~ ~ ~ {{{{ ITEM N0. 11 11 a:` CEQA CATEGORICAL EXEMPTION - CL 11 b. VARIANCE NO.'2004-04618 SITE LOCATION'AND DESCRIPTION.'? (1) This rectangularly-shaped, 6.3-acre Coronado Street, a depth of 824 fee Jefferson Street (3845 East Corona REQUEST: (2) The petitioner requests :waiver of th 18;74.040.010 to permit and retain'. SECTION NO. 18.44.090.0201* * Two waivers were originally advertise for maximum sign width. The Zoning section so that this request would ort i BACKGROUND: (3) This propertyjis currently developed (Northeast Area Specific Plan; Ezpe the Alpha Northeast, constituent sul Use Element: Map of the Anaheim;C (4) Surrounding General Plan Land Us DEVELOPMENT PROPOSAL: (5j This requeskis the result of a Code zoning approval. The site plan (Ezt toward the front of the property. Fo the parking area, along; he pedestri (6) The sign plan (Exhibit tJo. 2) indicai feet and a witlth of 48 feet. The sig Media" in tent and has amaximum'--' Sr3077ey Property Permitted by Cod e Existing and Proposed ? Frontage (feet) Area ! Height Width Area Height Width i 300 or more 60 s.f. 8 feet 8 feet 66 s.f. 15 feet 48 feet [DRAFT] RESOLUTION NO. PC2004-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04618 BE DENIED WHEREAS, the Anaheim City Planning Commission did receive a verified Petitidn for Variance far certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL A: THAT PORTION OF PARCEL 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON PARCEL MAP FILED IN BOOK 45, PAGE 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS PARCEL 1 OF THAT CERTAIN LOT LINE ADJUSTMENT RECORDED SEPTEMBER 20, 1983 AS INSTRUMENT NO. 83- 413523 OF OFFICIAL RECORDS. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 9, 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 18.60, 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 waiver of the following to permit and retain an existing sign on a freestanding architectural feature: SECTION NO. 18.44.090:0201 Maximum size of freestanding Sion (8 feet hioh, 8 feet wide. 60 square feet of sign area permitted; 15 feet hioh. 48 feet wide 66 square feet of sign area proposed) 2. That the above mentioned waiver is hereby denied on the basis that there are no special circumstances applicable to the property such as size, shape, topography, location and surroundings which do not apply to other identically zoned properties in the same vicinity; and that strict application of the Zoning Code would not deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 3. That there are opportunities for additional signage that the applicant may take advantage of, in the form of both wall and freestanding signage. Both options would provide comparable visibility from the street, while maintaining consistency with the size of signage that is typical for the area. 4. That since signage of this size would not be permitted for other similarly zoned properties, granting the requested variance would effectively grant a special privilege not shared by other similar properties in the vicinity. 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 or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 11 (Accessory Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. C R\PC2004-0 -1- PC2004- NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby deny subject Petition for Variance, on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 9, 2004. Said resolution is subject to the appeal provisions set forth in Ghapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a'City Council Resolution in the event of an appeal. CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSI 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 August 9, 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 -2- PC2004- SECTION 4 ATTACHMENT - ITEM N0. 11 rr.TITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~'~' \ ~ 7 ~ ~~ , 3 PERTAINING TO: is required for each Code waiver) --_, 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 Administator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or sun oundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topogrnphy, location or surroundings? ~ Yes _ No. If your answer is "Yes," describe the s ecial circumstances: fl 6U ~~ (w ~ 8 f 1 S ~ &(.~ Pl, ~~4- etc~N o ~c~>~`h~ ~ ozc~~~w d .6~t1~1~~-~ s~ ~~ ~ddn~s~, 2. Are the special circumst ces tha apply to the property di rent from other properties in the vicinity which aze in the same zone as your property? ~i Yes _ No .~ 3. 4. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved w 'ch would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone which snot thervir' a expr sly authorized by zone regulations governing subject prryoperty. Use variances aze not pertnitted. 6 ~ U` Signa r o roperty O er or thorized Agent ate CONDITIONAL USE PERMIT/VARIANCE NO. DECEMBER 12, 2000 VAR N0. 2ooa - 0 4 ~ 1 s Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties ]ocated within the same zone?mac Yes _No Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No