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PC 2004/12/13i~ u` 1'1~ I I~ ~I M®nday, ®ecernber 13, 2004 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: David Romero • Commissioners: Jerry O'Connell Kelly Buffa, Cecilia Flores, Pat Velasquez, (One Vacant Seat) ® Call To Order Preliminary Plan Review 10:00 A.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the December 13, 2004 agenda ® Recess To Afternoon Public Hearing Session ® Reconvene To Public Hearing 2:00 P.NI. For record keeping purposes, if you wish to make a statement repardinq any item on the agenda, please complete a speaker card in advance and submit it to the secretary. ® Pledge Of Allegiance ® Public Comments - ® Consent Calendar ® Public Hearing Items "" ®Adjournment You may leave a message for the Planning Commission using the following e-mail address: Planningcommission(a anaheim.net H:ldots\clerical\agendas\121304.doc 12/13/04 Page 1 //NE-M\\ Anaheim :Planning Commission Agenda - 2:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the :public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) CEQA Negative Declaration (Previously-Approved) (b) Administrative Adiustment No. 2004-00271 (c) Variance No. 2004.04601 (Tracking No. VAR2004-04632) Agent: Brian Oslin, Brian Oslin Design, 8621 Bellmead Drive, Huntington Beach, CA 92646 Location: 111 Mohler Drive. Admfnistrative Adjustment No. 2004.00271 -Requests an administrative adjustment to waive maximum building height for a proposed single-family residence. Variance No. 2004-04601 (Tracking No. VAR2004-04632) - Requests review of final site, floor, elevation, landscape and fencing plans. Continued from the November 15, 2004, Planning Commission Meeting. 1 B. (a) CEQA Categorical Exemption -Class 1 (b) Conditional Use Permit No. 2003.04761 (Tracking No. CUP2004-04927) (c) Determination of Substantial Conformance Agent: Cathi S. Hofstetter, 2427 East Bethel Drive, Anaheim, CA 92806 Location: 1147 North Anaheim Boulevard. Requests an extension of time to comply with conditions of approval and a determination of substantial conformance for apreviously- approved adult day care facility. Project Planner: Amy Vazquez (ava z a u e z (a7 a n a h e i m: n et ) sr8827jn.doc Q. S. 202 Project Planner: Kimberly Wong (kwo ng2(a)a n a hei m. net) sr8828kw.doc Q. S. 70 12/13/04 Page 2 1C.(a) EnvironmentallmpactReportNo.3131Previously-Certified) (b) Final Site Plan Review No. 2004.00008 Agent: Frankie Flores, Tarsadia Hotels, 620 Newport Center Drive, Suite 1400, Newport Beach, CA 92660 Location: 2041 South Harbor Boulevard. Requests approval of a final site plan to construct a 150-room hotel. 1D.(a) CEQA Negative Declaration (Previously-Approved) (b) Conditional Use Permit No. 4033 (Tracking No. CUP2004-04935) (c) Determination of Substantial Conformance Agent: Paul Mitchell, 8712 East Santa Ana Canyon Road, Anaheim, CA 92807 Location: 8712 East Santa Ana Canvon Road - (Kindred Community Church) Requests determination of substantial conformance for outdoor activity and final plan review of lighting plan for parking areas. 1 E. (a) (b) Requests review and approval of the revised Deficiencies Area Map pertaining to second units. M'n es 1F. Receiving and approving the Minutes from the Planning Commission Meeting of November 15, 2004 (Motion) 1 G. Receiving and approving supplemental detailed Minutes for Item No. 5 from the Planning Commission Meeting of November 1, 2004, scheduled to be heard as a public hearing item before City Council (date not yet determined). ITEM NO. 5 e Conditional Use Permit No. 2004-04883 Project Planner: Scott Koehm (skoehm(c~anaheim.net) sr8820gk.doc Q. S. 77 Project Planner: Kimberly Wong (kwong2 ananaheim.net) sr8824kw.doc Q. S. 225 :Project Planner: John Ramirez (I ora m i rez (a7 a n a h e i m :net ) sr5131jr:doc O. S. Citywide 12/13/04 Page 3 Location: Citywide 1 H. Receiving and approving supplemental detailed Minutes for Item No. 6 from the Planning Commission Meeting of November 15, 2004, scheduled to be heard as a public hearing item before City Council (date not yet determined). ITEM NO. 6 Environmental Impact Report No. 327 Conditional Use Permit No. 2001-04431 Specimen Tree Removal Permit No. 2002-00001 Amendment to Santa Ana Canyon Road Access Point Study (MIS2004-00088) 12/13/04 Page 4 Public Hearing Items: 2a. CEQA Negative Declaration Request for 2b. Reclassification No. 2004.00124 Withdrawal Owner: Raymond Siegele, P.O. Box 3284, Anaheim, CA 92803 -- Volt Anaheim Business, 21530 Oxnard Street, Unit B, Woodland Hills, CA 91367-4942 Charles Atwood, 23772 Avenue 208, Lindsay, CA 93247 CP/HERS Anaheim LP, 600 Citadel Drive, Suite 100, Los Angeles, CA 90040 Kenneth Thompson, P.O. Box 5406, Orange, CA 92863 Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92812 Location: Portion A: 516 East Santa Ana Street and 501 - 547 South Atchison Street: Portion B: 500 -558 South Atchison Street• Portion C: 610 South Olive Street and 711 East South Street and Portion D: 525 East South Street Portion A: This 10.7-acre area is located at the southeast corner of Santa Ana Street and Olive Street with frontages of 970 feet on the south side of Santa Ana Street and 480 feet on the east side of Olive Street (516 East Santa Ana Street and 501 - 547 South Atchison Street - Kwikset site). Portion B: This 10.3-acre area has frontages of 150 feet on the south side of Santa Ana Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (500 - 558 South Atchison Street). Portion C: This 10.3-acre area has frontages of 150 feet on the north side of South Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (610 South Olive Street and 711 East South Street). Portion D: This 9.8-acre area is located at the northeast corner of South Street and Olive Street with frontages of 440 feet on the east side of Olive Street and 970 feet on the north side of South Street (525 East South Street). City-initiated (Community Development Department) request for approval of a reclassification of these properties as follows: Portion A-from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Portion B -from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion C -from ML (Limited Industrial) to RM-4 (Residential, Multiple- Family-1200) zone or less intense zone. Portion D -from ML (Limited Industrial) to RM-3 (Residential, Multiple- Family-2400) zone or less intense zone. Project Planner: David See September 8 and November 15 Continued from the June 14 August 9 (dsee(")c anaheim.net) , , , 2004, Planning Commission Meetings. Reclassification Resolution No. sr2170ds.doc Q.S. 84/94 12/13/04 Page 5 3a. CEQA Negative Declaration Request for 3b. Conditional Use Permit No. 2004-04910 continuance to January 10, 2005 Owner: Anaheim Union School District, P.O. Box 3520, Anaheim, CA 92803 Agent: Kenny Zwick, Delta Group, 2362 McCaw Avenue, Irvine, CA 92614-5832 Location: 1800 West Ball Road. Property is approximately 17.2 acres, located at the southeast corner of Ball Road and Nutwood Street (Trident Adult Center). Request to permit a telecommunications antenna (disguised as a pine tree) with accessory ground-mounted equipment. Continued from the October 18 and November 15, 2004, Planning Project Planner: Della Herrick Commission Meetings. (dherrickta'~anaheim.net) Conditional Use Permit Resolution No. sr8798dh(b).doc Q.S. 49 4a. CEQA Negative Declaration 4b. Waiver Of Code Requirement 4c. Conditional Use Permit No. 2004-04861 Owner: 230 West Colchester, CALP, clo Chris DiRiggiero, P.O. Box 304, Hermosa Beach, CA 90254 Agent: Joseph Curd, Curd, Gallindo and Smith, LLP, 301 East Ocean Boulevard, #460, Long Beach, CA 90802 Location; 2230 West Colchester Drive. Property is approximately 0.87-acre, located at the southeast corner of Colchester Drive and Colony Street. Request to permit and retain two existing churches, a narcotics .anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non-conforming commercial retail center with waiver of minimum number of parking Project Planner. spaces. John Ramirez (j~ra m i rez (o) a n a h e i m .net) Continued from the June 28, July 26, August 9, September 20, November 1 and November 15, 2004, Planning Commission Meetings. sr5133jcdoc Conditional Use Permit Resolution No. Q.S. 34 12/13104 Page 6 Sa. CEQA Negative Declaration 5b. Waiver Of Code Requirement 5c. Conditional Use'Permit No. 2004-04916 Owner: James Elmore, Trinity Lutheran Church, 4101 East Nohl Ranch Road, Anaheim, CA 92807 Location: 4101 Nohl Ranch Road. Property is approximately 4 acres, located at the northeast corner of Nohl Ranch Road and Nohl Canyon :Road (Trinity Lutheran Church). Request to permit an addition to an existing church and private school and to amend a condition of approval pertaining to the maximum number of students with waivers of: (a) maximum structural height, .and (b) minimum number of parking spaces. Continued from the November 1 and November 15, 2004, Planning Commission Meeting. Conditional Use Permit Resolution No. 6a. CEQA Negative Declaration 6b. Variance No. 2004-04631 Owner: Anaheim Magnolia LLC, 6732 Westminster Boulevard, Westminster, CA 92683 Agent: Ehky Gutierrez, 523 North Hanover Street, Anaheim, CA 92801 Location: 1125 North Magnolia Avenue. Property is approximately 1.5 acres, having a frontage of 272 feet on the west side of Magnolia Avenue, located 279 feet north of the centerline of La Palma Avenue. Request waiver of minimum number of parking spaces to permit a computer vocational school. Continued from the November 15, 2004, Planning Commission Meeting Variance Resolution No. Project Planner: Amy Vazquez (avaza u ezCo~ana he i m. ne [) sr8826av.doc IJ.S. 163 Request for continuance to January 10, 2005 Project Ptanner: Scott Koehm (skoeh m(o) a nahe i m. net) sr6829gk.doc Q.S. 17 12/13/04 Page 7 7a. CEQA Negative Declaration 7b. Conditional Use Permit No. 2004-04926 Owner: Association of Islamic Charitable Project, 1136 North Brookhurst Street, Anaheim., CA 92801 Agent: Bruce Ward, Ward Architects and Engineers, 1015 East Chapman Avenue, #205, Fullerton, CA 92831 Location: 1136 North Brookhurst Street. Property is approximately 0.56-acre, having a frontage of 80 feet on the east side of Brookhurst Street, located 230 feet south of the centerline of Falmouth Avenue (Islamic Center of Anaheim). Request to establish a private school (k-6 grade) in conjunction with an existing religious assembly (:Islamic Center of Anaheim). Conditional Use Permit Resolution No. 8a. CEQA Categorical Exemption -Class 1 8b. Conditional Use Permit No. 2004-04929 Owner: Voit La Palma Partners II LLC, 2940 East La Palma Avenue, Anaheim, CA 92806 Agent: Christopher Cerson, WTS Automotive Lifestyles, 2910 East La Palma Avenue, Suite C, Anaheim, CA 92806 Location: 2910-East La Palma Avenue. Suite C. Property is approximately 3.9 acres, having a frontage of 675 feet on the south side of La Palma Avenue, located 430 feet east of the centerline of White Star Avenue (La Palma Corporate Park). Request to permit and retain the retail sales and installation of automobile window tinting, tires, wheels and accessories. Conditional Use Permit Resolution No. Project Planner: Della Herrick (d h errick(a~a n aheim. net) sr8818dh.doc Q.S. 37 Project Planner: John Ramirez (ipremirezt7p anaheim.net) sr5130jr.doc Q.S. 140 12/13/04 Page 8 9a. CEQA Categorical Exemption -Class 1 9b. Conditional Use Permit No. 2004-04930 Owner: Mohamed N. Eletreby, 2145 West La Palma Avenue, Anaheim, CA 92801 Agent: Chin Lee, Q Development, 3550 Wilshire Boulevard, #480, Los Angeles, CA 90010 Location: 2145 West La Palma Avenue. Property is approximately 0.5-acre, having a frontage of 115 feet on the north side of La Palma Avenue, located 457 feet east of the centerline of Brookhurst Street (Anaheim ADHC Center). Request to permit an adult day health care center. Conditional Use Permit Resolution No. 10a. 10b. 10c. 10d. 10e. Agent: Mike McGuirk, C1M Group, 6922'Hollywood Boulevard, Ninth Floor, Los Angeles, CA 90028 Location: Tentative Tract Map No. 16606 -Property is approximately 2.9 acres, located at the southeast corner of Harbor Boulevard and Lincoln Avenue (Parcel D within Downtown Anaheim). Tentative Tract Map No. 16810 -Property is approximately 2.5 acres, located at the southwest corner of Anaheim Boulevard and Center Street Promenade. (Parcels Al-A3 within Downtown Anaheim). Tentative Tract Map No. 16606 -Request to establish a 11-lot, 135-unit commercial/residential mixed use subdivision on Parcel D. Tentative Tract Map No. 16810 -Request to establish a 5-lot commercial/residential mixed use subdivision on Parcels A1, A2, and A3 Final Plan Review No. 2004-00009 -Request review of final site, floor, elevation, roof-mounted equipment, and landscape plans for Parcel D and landscape and amenity plans for Parcels Al - A3. Request review to the Anaheim Redevelopment Agency of basic landscape and amenity concept drawings for Parcels Al - A3. Project Planner: Amy Vazquez (avazg uez(o~ana h e im.n et) sr8823av.doc Q.S. 37 .Project Planner: David See (d seeCa) a nah ei m:net) sr2169ds.doc Q.S. 72 12/13/04 Page 9 Owner: Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, P.O. Box 3222, Anaheim, GA 92803 11 a. CEQA Negative Declaration ' Request for 11 b. Reclassification No. 2004-00136 continuance to 11 c. Conditional Use Permit No. 2004-04933 January 10, 2005 11d. Tentative Tract Map No. 16809 Owner: Lane A. Anderson, 6345 Balboa Boulevard, #112, Encino, ........... CA 91316 Agent: John O'Brien, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Location: 221 North Beach Boulevard. Parcel A: Property is approximately 0.56-acre, having a frontage of 150 feet on the west side of Beach Boulevard, located 665 feet north of the centerline of Lincoln Avenue. 311 North Beach Boulevard. Parcel B: Property is approximately 7.95 acres, having a frontage of 505 feet on the west side of Beach Boulevard, located 815 feet north of the centerline of Lincoln Avenue. Reclassification No. 2004.00136 -Request reclassification of the property from the C-G (General, Commercial) zone to the RM-3 (Residential, Multiple-Family) or less intense zone. Conditional Use Permit No. 2004-04933 - Request to permit a 102-unit, attached residential planned unit development. Tentative Tract Map No. 1fi809 -Request to establish a 6-lot, 102-unit, project Planner: airspace condominium subdivision. Jonathan Borrego (iborreao(o7anaheim.net) Reclassification Resolution No. Conditional Use Permit Resolution No. sr5117jb.doc O.S. 8 12/13/04 Page 10 12a. CEQA Negative Declaration 12b. Reclassification No. 2004-00138 12c. Reclassification No. 2004-00139 12d. Variance No. 2004-04634 12e. Tentative Tract Map No. 16817 12f. Tentative Tract Map No. 16818 Owner: Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 South Anaheim Boulevard, Anaheim, CA 92805 Agent: Cheryl Stump, Brookfield Anaheim LLC, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Location: Tentative Tract Map No. 16817 -Property is approximately 0.69-acre, having a frontage of 377 feet on the north side of Picadilly Way, located 320 feet north of the centerline of Britain Way (No address). Tentative Tract Map No. 16818 -Area 1: Property is approximately 0.49-acre, having a frontage of 105 feet on Ventura Street, located at the Ventura Street terminus abutting the I-5 Freeway; Area 2: Property is approximately 1.6 acres, located at the Ventura Street and Minot Street terminus abutting the I-5 Freeway (No address). Reclassification No. 2004-00138 -Request reclassification of the subject properties from the RS-2 (Residential, Single-Family) zone to the RS-3 (Residential, Single-Family) or a less intense zone. Reclassification No. 2004.00139 -Request reclassification of the subject properties from the RS-2 (Residential, Single-Family) zone to the RS-3 (Residential, Single-Family) or a less intense zone. Variance No. 2004-04634 -Request waivers of: (a) lots adjacent to freeways, (b) minimum front yard setback, (c) minimum rear yard setback, and (d) required improvement of private streets to construct 17 detached single-family homes.' Tentative Track Map No. 16817 -Request to establish a 5-lot, 5-unit single-family residential subdivision. Tentative Tract Map No. 16818 -Request to establish a 12-lot, 12-unit detached single-family residential subdivision. ' Waiver (a) has been deleted. -- Reclassification Resolution No. Reclassification Resolution No. Variance Resolution No. Project Planner: David See (dseetaanaheim.net) sr2168ds.doc Q.S. 30 12/13/04 Page 11 13a. CEQA Negative Declaration Request for 13b. General Plan Amendment No. 2004-00421 continuance to 13c. Reclassification No. 2004.00137 January 10, 2005 13d. Variance No. 2004-04633 13e. Tentative Tract Map No. 16794 Owner: California Shinnyo-En, 2220 Summit Drive, Burlingame, CA 94010 Agent: Yadvinder S. Virk, Castle Development, LLC, 9017 Harvard Avenue, Buena Park, CA 90620 Location: 502 South Harbor Boulevard. Property is approximately 1.2 acres, located at the southeast corner of Harbor Boulevard and Santa Ana Street. General Plan Amendment No. 2004-00421 -Request to amend the Land Use Element Map of the Anaheim General Plan redesignating the property from the Low-Medium Density Residential designation to the Low Density Residential designation. Reclassification No. 2004-00137 -Request reclassification of the property from the: O-L (Low Intensity Office) and RS-2 (Residential, Single-Family) zones to the RS-3 (Residential, Single-Family) zone or less intense zone. Variance No. 2004-04633 -Request waivers of: (a) lot depth adjacent to an arterial highway, (b) required front yard setback, (c) required rear yard setback, and (d) minimum number of parking spaces to construct seven (7) single-family residences. Tentative Tract Map No. 16794 -Request to establish a 7-lot, 7-unit detached single-family subdivision. Project Planner: Amy Vazquez Reclassification Resolution No (avazouez(c~anaheim.net) . Variance Resolution No. sr8831av.doc Q.S. 73 12/13/04 Page 12 14a. Addendum to the Pointe Anaheim Initial Study and Mltgated Negative Declaration/Modified Mitigation Monitoring Plan No 004 (Previously-Approved) 14b. Conditional Use Permit No. 4078 (Tracking No. CUP2004-04941) "` 14c. Amendment No. 1 To The First Amended And Restated Development Agreement No. 99-01 Owner: Susan Wilson, Anaheim GardenWalk, LLC, 17140 Bernardo Center Drive, #300, San Diego, CA 92128 Pyrovest Corp., 1101 E. Garvey Avenue #208, Monterey Park, CA 91755-3055 Zabys Rip Van Winkle, Inc., 444 West Katella Avenue Anaheim, CA 92802 Agent: William J. Stone, Price Legacy Corporation, 17140 Bernardo Center Drive, #300, San Diego, CA 92128 Location: Approximately 29.1 acres, located between Harbor Boulevard and Clementine Street, and Disney Way and Katella Avenue, identified as the Anaheim GardenWalk Site (formerly known as the Pointe Anaheim Lifestyle, Retail and Entertainment project), Request amendment to the conditions of approval of Conditional Use Project Planner: Permit No. 4078 and Amendment No. 1 to the First Amended and Annika Santalahti Restated Development Agreement No. 99-01 regarding the (asantalahtita'~anaheim:net) commencement date of the Initial Development Phase and assignment and assumption of the amended development agreement by Anaheim GW LLC. sr8888as.doc , Q.S. 87 Adjourn to Monday, January 10, 2005 at 1:00 P.M. for Preliminary Plan Review. 12113/04 Page 13 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: (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, shafl set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765.5139. 12/13/04 Page 14 SCHEDULE 2004 December 27 No meetin scheduled SCHEDULE 2005 _.......... . January 10 January 24 February 7 February 21 12/13/04 Page 15 ITEM N0. 1-A RS-2 RCL 71-72-30 (8) 9L ~2 /Q 9C O,p 00 e9 - RS-2 - :L71-72-30 VAR 2375 1 DU EACF ~O ~s CC'QO R h'2 F RS-2 RCL 71-72-30 (i) rG VAR 2560 VAR 2375 ~~LjQ 1 DU EACH 9s F GO c~ 9 J~~ ~O GP~~ ~/ GO ~a QJ ~ti~ GP P~ ~~ ~c ~P P6 ~ ~~ ~ ~ E a ~"M ~`~. x'C4" ^ O [L O o: O C7 VAR 2126 RH-2 RCL 72-73-51 (23) EL RANCHO 1 DU EACH RCL 72-73-4 MIDDLE SCHOOL RS 2 RH-2 RCL 72-75-51 (23) VAR 3254 RH-2 RCL 72-73-51 1 DU EACH RH-2 ~. RCL 81-82-07 1 DU EACH DRIVE ~Q VAR 3385] 1 DU I j MILL STREAM CIR ~ ^ T RCL 72-73-50 (Res of Int to RS-HS-10,000(SC)) RCL 72-73-47 RH-2 Administrative Adjustment No. 2004-00271 Requested By: BRIAN OSLIN Scale: 1" = 200' Q.S. No. 202 REQUEST TO REVIEW FINAL SITE, FLOOR, ELEVATION, LANDSCAPE AND FENCING PLANS. REQUEST WAIVER OF MAXIMUM BUILDING HEIGHT TO CONSTRUCT ASINGLE-FAMILY RESIDENCE. 111 Mohler Drive lsza ITEM 1-A ATTACHMENT - R&R 1-A RESOLUTION NO. PC2004-54 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04601 BE GRANTED, IN PART (111 MOHLER DRIVE) 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: PARCEL 1: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, S.B.B. & M; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 36; THENCE WEST TO A POINT, 195 FEET EAST OF THE SOUTHWEST CORNER OF THAT CERTAIN PARCEL OF LAND CONVEYED TO WILBUR E. RASEY AND WIFE BY DEED RECORDED JANUARY 15, 1944, IN BOOK 1230, PAGE 230 OF OFFICIAL RECORDS; THENCE NORTH 26° 01" WEST ALONG THE SOUTHWESTERLY LINE OF THAT CERTAIN PARCEL OF LAND CONVEYED TO MICHAEL C. BINIER AND WIFE BY DEED RECORDED MARCH 1, 1947, IN BOOK 1492, PAGE 86 OF OFFICIAL RECORDS TO POINT 64.83 FEET SOUTHEASTERLY FROM AN INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THE 100 FOOT OF LAND DESCRIBED IN DEED TO STATE OF CALIFORNIA, RECORDED JUNE 4, 1934, IN BOOK 680, PAGE 165 OF OFFICIAL RECORDS, SAID POINT BEING IN AN ARC OF A CURVE, CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE, FROM A TANGENT BEARING NORTH 46° 29' 11" EAST, THROUGH AN ANGLE OF 1° 41' 55", AN ARC DISTANCE OF 250.63 FEET TO THE INTERSECTION THEREOF WITH THE SOUTHEASTERLY LINE OF THAT CERTAIN 60 FOOT STRIP OF LAND DESCRIBED IN PARCEL 1 OF PEED TO HENRY F. DEL GIORGIO AND WIFE, RECORDED AUGUST 7, 1948, IN BOOK 1682, PAGE 364 OF OFFICIAL RECORDS; THENCE DEL GIORGIO, TO THE EASTERLY LINE OF SAID SECTION 36; THENCE SOUTHERLY ALONG SAID EASTERLY LINE OF SAID SECTION 36 TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, :RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE CALIFORNIA, ACQUIRED BY THE STATE OF CALIFORNIA BY A DEED RECORDED IN BOOK 2079, PAGE 160 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED NORTHWESTERLY BY A LINE DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF SAID SECTION, SAID POINT BEING DISTANT ALONG SAID SOUTH LINE EASTERLY, 29.10 FEET FROM THE NORTHEASTERLY TERMINUS OF THAT CERTAIN COURSE DESCRIBED AS "NORTH 44° 07' 42" EAST, 686.96 FEET' IN PARCEL 1 OF A DEED RECORDED IN BOOK 1731, PAGE 521 OF OFFICIAL !RECORD IN SAID OFFICE; THENCE NORTHEASTERLY IN A DIRECT LINE TO THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE AS "SOUTH 25° 55' 27" EAST, A DISTANCE OF 64.83 FEET TO THE INTERSECTION THEREOF WITH A CURVE IN A DEED RECORDED IN BOOK 2285, PAGE 482 OF OFFICIAL RECORDS IN SAID OFFICE. C R\PC2004-054 -1- PC2004-54 PARCEL 3: THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 3 SOUTH, RANGE 9 WEST, SAN BERNADINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST WESTERLY CORNER OF THE LAND DESCRIBED IN A DEED TO FRANK MINISSALE AND WIFE RECORDED MARCH 13, 1970., IN BOOK 9238, PAGE 828 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID LAND TO MOST SOUTHERLY CORNER OF THE LAND. DESCRIBED IN DEED TO THE STATE OF CALIFORNIA RECORDED FEBRUARY 13, 1952, IN BOOK 2285, PAGE 482 OF SAID OFFICIAL RECORDS; THENCE NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, BEING A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 8454.00 FEET, (A RADIAL LIEN OF SAID CURVE PASSING THROUGH SAID MOST SOUTHERLY CORNER BEARS NORTH 433° 30' 49" WEST) AND ITS NORTHEASTERLY EXTENSION TO THE NORTHWESTERLY TERMINUS OF THE COURSE SHOWN ON HAVING A DISTANCE OF 42.00 FEET MORE OR LESS ON THE MAP ATTACHED TO EASEMENT DEED RECORDED MAY 9, 1977, IN BOOK 12185, PAGE 1245 OF SAID OFFICIAL RECORDS; THENCE ALONG NORTHWESTERLY PROLONGATION OF SAID COURSE NORTH 38° 07' 15" WEST 0.82 FEET TO THE BEGINNING OF TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 18.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 93° 48' 56" AN ARC DISTANCE OF 29.47 FEET TO A COMPOUND CURVE CONCAVE THROUGH A CENTRAL ANGLE OF 02° 43' 31" AN ARC DISTANCE OF 403.07 FEET Tp THE SOUTHERLY LINE OF SAID SECTION 36; THENCE ALONG SAID SOUTHERLY LINE NORTH 89° 54' 12" EAST TO THE POINT OF BEGINNING. WHEREAS, the Anaheim City Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03 to hear and consider evidence for and against said General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the April 19 and May 17, 2004, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner proposes the construction of three detached single-family homes with the following waivers: (a) SECTION N0.18.04.020.023 Minimum lot death adjacent to a scenic exoresswav (150 feet required; 110 feet proposed for Lot B and 115 feet proposed for Lot C) (b) SECTION NO. 18.22.061.010 Minimum lot area. (DELETED) 2. That the above-mentioned waiver (a) minimum lot depth adjacent to a scenic expressway is hereby granted on the basis that there are special circumstances applicable to the property such as it's irregular shape, which does not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity since other lots in proximity to the property do not have the required lot depth of 150 feet. 3. That the above-mentioned waiver (b), minimum lot area, is hereby denied on the basis that the project has been .redesigned whereby said waiver is no longer necessary. -2- PC2004-54 4. 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. 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located since the proposed Tots would be compatible in size and confguration with surrounding properties. 6. That the above-mentioned waivers are necessary to reconfigure the three (3) existing lots into lots suitable for development; and that such development will be compatible with other such previous development in the surrounding neighborhood. 7. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition; and that two people spoke in support of the proposed plans. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct 3 detached single-family homes with waivers of: (a) minimum lot depth adjacent to a scenic expressway, and (b) minimum lot area (deleted) on the 1.5 acre property and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that 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: That a lot line adjustment shall be submitted to the Public Works Department, Subdivision Section for review and approval by the City Engineer. The adjusted lots must conform to the City of Anaheim Zoning Code (Title 18 of the Anaheim Municipal Code). The surveyor is advised to contact the Planning Department to verify all applicable zoning standards. All applicable conditions of approval pertaining to the decisions and actions taken by the Planning Commission shall be satisfied. The lot line adjustment shall be recorded in the Office of the Orange County Recorder prior to issuance of a building permit. 2. That a reservation for a reciprocal access and maintenance agreement shall be submitted to the Public Works Department, Subdivision Section and approved by the City Attorney's office. The agreement shall include provisions for maintenance of all private facilities (including, but not limited to the accessway, common landscaping and irrigation, sanitary sewer, storm drain, street lights, etc.), compliance with the approved Water Quality Management Plan, and a maintenance exhibit. The reservation agreement shall be approved and recorded prior to approval of the lot line adjustment. 3. That the surveyor shall prepare a Record of Survey to verify and establish the property lines and boundary control. The Record of Survey shall be reviewed and approved by the Orange County Surveyor and then recorded in the Office of the Orange County Recorder prior to approval of the lot line adjustment. 4. That security shall be posted in the form of a surety bond, letter of credit, or cash deposit to guarantee that the proposed private accessway shall be improved in accordance with Public Works Standard Detail 163 as approved by the City Engineer (private driveway section for the Mohler Drive area). The :improvements shall be constructed prior to certificate of occupancy. -3- PC2004-54 5. That final site, floor, elevation, landscape and fencing plans for the residential structures shall be submitted to the Zoning Division for review and approval by the Planning Commission as a Reports and Recommendation item. 6. That a plan for the design of the private accessway shall be submitted to the City Traffidand Transportation Manager for review and approval. - 7. That the owner/developer shall pay the Traffic Engineering Division for the required relocation of the stop sign, stop bar, striping and legend on Mohler Drive. 8. 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. 9. That the streets, sanitary sewers and storm drains within the development shall be privately maintained. 10. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Division. 11. That all existing water services shall conform to current Water Utility Standards. Any existing water service that is not approved by Public Utilities for continued use shall be upgraded to current standards, or abandoned by developer. If the existing services are no longer needed, they shall be abandoned by the developer. The developer shall be responsible for any costs associated with upgrading or abandoning any water service or fire line. 12. That the developer/owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval in determining the adequacy of the existing water system to meet the project's water requirements. Any system improvements shall be done in accordance with Rule No. 15A.6 of the water utility's Rates, Rules and Regulations. 13. That the water backflow equipment shall be above ground, outside of the street setback area in a manner fully screened from all public and private streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public and private streets. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector before submittal for building permits. 14. That prior to rendering water service, the developer/owner shall submit a set of water improvement plans for Public Utilities Water Engineering review and approval in determining the conditions necessary for providing water service to the project. A pertormance bond in an amount approved by the City Engineer and in a form approved by the City Attorney shall be posted with the City of Anaheim. 15. 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: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable :Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Contrdl BMPs. -4- PC2004-54 Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 16. That prior to issuance of certificate of occupancy, the applicant shall: Demonstrate that all structural BMPs described in the Project WQMP have been coristructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WOMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 17. That all tots shall be assigned Mohler Drive street addresses by the Building Division. 18. That the City of Anaheim sewer assessment fee for the Mohler Drive Area shall be paid. The fee is currently $1,287/acre. 19. That the City of Anaheim sewer connection fee shall be paid. The fee is currently $350/ acre. 20. That prior to the recordation of the lot line adjustment, all existing structures shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division before demolition. 21. The vehicular access rights to Santa Ana Canyon Road and Mohler Drive except at the street intersection shall be released and relinquished to the City of Anaheim. 22. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said department. Said areas shall be specifically indicated on scaled plans (showing storage and collection areas) submitted for building permits. 23. That approval of this variance is contingent upon approval of Reclassification No. 2004-00116, now pending. 24. Deleted at the public hearing. 25. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department marked Revision No. 1, Exhibit No. 1, and as conditioned herein. 26. That prior to the approval of a tot tine adjustment, Condition Nos. 2, 3, 6, 7, 20 and 21 shall be complied with. 27. That gates shall not be installed across the private drive unless plans are submitted to the Traffic and Transportation Manager for review and approval in conformance with the Standard Engineering Plan No. 609-A. 28. That prior to issuance of a building permit, or within a period of one year from the date of this resolution, whichever occurs first, Condition Nos. 1, 4, 5, 8, 10, 11, 12, 13, 14, 17, 18, 19 and 22 above mentioned, shall be complied with. 29. That prior to final building and zoning inspections, Condition Nos. 16, 24 and 25, above-mentioned, shall be complied with. -5- PC2004-54 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and.Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commissidn meeting of May 17, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY JAMES VANDERBILT-LINARES) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 17, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -ti- PC2004-54 ., H ITEM N0. 1-B PRODUCTS CUP 14 38 C-G RCL 86-87-06 74-57 RCL 51-52-2 I ~ ~ ~~- SAO RCL 51-52-2 RCL 51-52-2 OCHE R CUP 3516 CUP 1435 :ES CUP 2839 INDUSTRIAL FIRMS CARL KARCHER WAY I CUP 3663 CERAMIC TILE RMaz69 DISTRIBUTORS UCI FAMILY HEALTH vAdANT 1 ou RM-0 CENTER OFA~JAF{EIM I I L84-65-140 '. VACANT RM-4 RCL 77-78-30 s=##~ + ` ' ' S ~ (Res of Int. to CO) F.„~.~ - ~ -~ j N CUP 3308 ~ ~ "~'" ~ K a~ J W y ~~ O C G I ~ a ,i O r ' CL 64 8S1 ( 2 L 59.86-1 3 T-CUP m OFFICE m 2pa°-waz] I BLOG PARKING LOT UP 200}01]6t vqR Zlat a CUP 3785 CHURC oFPlces~ W SUNWEST METALS ______ f8-- ~ 2 EOl ' ~ ~~ ~ Z .. °ioQ00 td ~ _ _ _ _ _ Q RM-1 RCL B0.BS3p 'r ;' - Ifta ~ LL'lanl RCLeWSt1 CUP 36]fiI U Ru Mmumb CG I VACANT) VAR 7947-1 REe~RCL 9681-pB VAR 1946-18 CROWN CL 6}84121 cuP peze ANAHEIM TOWING CO OT L - - - - - - VqR 16 4 w cc W T Ra e1-fisw I VAR 191& ~ ~ VACANT BL ~Q p vACANr 1 ~9(M ~ T ~ ~ cc 'Oqq ca VACANT afis61-1zs ~ ~ CG I T q y SALVATION PARKII ARMY STOR I VAR 1946-6 ELECTRAGEAR '. RCL 7647-58 LA PALMA PARK CUP 1931 8 STADIUM VAR 2145 S WHEEL / WAREHOUSE ~/ Conditional Use :Permit No. 2003-04761 TRACKING NO. CUP2004-04927 '°~-„"`~`~ Subject Property ~~ ~~ Date: December 13, 2004 Scale: 1" = 200' Requested By: CATHY S. HOFSTETTER Q.S. No. 70 REQUEST FOR AN EXTENSION OF TIME TO COMPLY WITH CONDITOINS OF APPROVAL FOR APREVIOUSLY-APPROVED ADULT DAY CARE FACILITY. 1147 North Anaheim Boulevard 1622 ITEM N0. 1-B z 5 ~ ~£ ~"~~ ~~ ~~ ~ ,~ '(y y u.z ~' Y~ ! .sF : f z s ~`•' ~ r' u' r ~ ~ ~~ S : , r ~ , Z U A ~4 ~D 4'j .„ ~ T ~,' ~. G ~ G 5 b i 'wi ' '~ j m S`s` xe, { S~ S ' . r ~~ ~°:~ a ~ tid x ' " v. ;p m ~ r ~ ~r i ~ e. .2~ ~ 1 5 ~.-"' "9 f~ ~:., , a f «±-$ urn n`9. 4 p ~ ~~ ~ x E, ~ a -ss '~ -y4- s .°' ~s +F 3 ? ~ #~ 5n Lt A+" ~ d `3 Z +~i 1) ~, ~ ~ x ~ G ~` s ~r ~ ~ i % '~ ~ ' 1 ^. ire t 5' ~ j ~ T 1 ~i ~ .1 ~y' ~ i sgf~ y~ ~ . s m '' ~ ~ ~Me ~ ~t ~ ~ ~ y t ~ ~ ~ ' ~~ ~ ~ ` : `"l ~ ~ f"~a F `J t/M~d3Fl~Fi~lldb' ~ ~'~~ y 3 . . ~ ~ ~~ ~ [p ~ ~ ~ ~ ~ C c i~ ~ xe,., ,y ~i ~ ~ u ~ / k [~ ¢ ~ ~ Y ft ~~ ` ~~` ~~ ~ ISa ~~ 'L v h +~" ATTACHMENT -ITEM N0, I-B RESOLUTION NO. PC2003-135 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003-04761 BE GRANTED 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: THE EAST 135.32 FEET OF LOT "A" OF TRACT 97 SINCLAIR RANCH, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. THE NORTH 40 FEET OF THE SOUTH 240 FEET OF THE EAST 135.32 FEET OF LOT A, TRACT 97 SINCLAIR RANCH RECORDED IN BOOK 11 PAGE 39 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY BEING MORE PARTICULARLY DESCRIBED AS LOT 36 OF HART SUBDIVISION AS PER MAP THEREOF RECORDED IN BOOK 7 PAGE 20 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY EXCEPTING THEREFROM THE EASTERLY 5 FEET THEREOF. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 6, 2003 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use, which is not listed in the Zoning Code as being a permitted use, is properly one far which a conditional use permit is authorized by Anaheim Municipal Code Section 18.03.030.010 to wit: to permit an adult daycare facility. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the proposal is similar to and compatible with other permitted and conditionally permitted uses in the CG (Commercial, General) Zone. 3. That the proposed use will not, under the conditions imposed, adversely affect the adjoining office and industrial land uses nor restrict the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area based on the proposal's method of operation whereby clients of the facility will arrive and depart via shuttle. 6. 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. 7. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. Cr\PC2003-135.doc -1- PC2003-135 CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Directo[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 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 maximum number of clients at this adult daycare facility (for developmentally disabled adults) shall be limited to thirty six (36); and that the hours of operation shall be limited to the following as stipulated to by the petitioner: Monday through Friday: 8:30 a.m. to 5:00 p.m. 2. That no portable signs shall be utilized to advertise the business. All permanent signs shall be submitted to by the Zoning Division for review and approval. Any decision made by said Division maybe appealed to the Planning Commission as a 'Reports and Recommendations' item. 3. That due to the change in use and occupancy of the building, plans shall be submitted to the Building Division showing compliance with minimum standards of the City of Anaheim. The plans shall be prepared by a licensed architect and the appropriate permits shall be obtained for any necessary work. 4. That trash storage area(s) shall be refurbished to the satisfaction of the Public Works Department, Streets and Sanitation Division, including the installation of trash enclosure gates, to comply with approved plans on file with said Department. Such information shall be specifically shown on the plans submitted for building permits. 5. That no required parking area shall be fenced or othenxise enclosed for storage or other outdoor use.. 6. That all clients served by this facility shall arrive and depart by public or private bus shuttle, as proposed by the project applicant. 7. That the project shall provide on-site passenger loading and unloading in a manner acceptable to the City Traffic and Transportation Manager. Such information shall be specifically shown on the plans submitted for building permits. 8. That the property owner shall implement appropriate non-structural and structural Best Management Practices ("BMPs") as specified in the Orange County Drainage Area Management Plan ("DAMP"), Appendix G. The selected BMPs shall be implemented and maintained to minimize the introduction of pollutants from entering the City of Anaheim storm water drainage system to the satisfaction of the Public Works Department, Development Services Division. 9. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris., and removal of graffiti within twenty four (24) hours from time of occurrence. 10. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent and nearby properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. -2- PC2003-135 11. That subject property shall be maintained substantially in accordance with plans and specifications - submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. __-._ __ 12. That prior to issuahce of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 4, 7 and 8, above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 13. That prior to final building and zoning inspections or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition Nos. 11 and 10; above-mentioned, shall be complied with. 14. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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. 6, 2003. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October fORIGINAL SIGNED BYJAMES VANDERBILT} CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: fOR1GINAL SIGNED BY PAT CHANDLER} SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on October 6, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, FLORES, O'CONNELL, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: ROMERO VACANCY: COMMISSIONERS: ONE SEAT IN WITNESS WHEREOF, I have hereunto set my hand this day of 2003 fORIGINAL SIGNED BY PAT CHANDLER} SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION -3- PC2003-135 ITEM M0. 1-C SP 92-2 RCL 66-67-61 (22) CUP 1101 VAR 2666 S SP 92-2 VAR 2381 S RCL 66-67-61 (22) FSP 96-04 T-CUP 2001-04445 CLARION HOTEL CUP 2001-04329 CUP 4065 CUP 2245 CUP 1634 CUP 865 VAR 2003-04551 ANAHEIM MARRIOTT VACANT SP 92-2 HOTEL RCL 66-67-61 (77) GUP 3666 DAYS VARfi07 INN VACANT 610' f Y Y 3 ~ . Y :~ 1, j l G SP 92-2 i ° ~ SP 92 2 ~ n ~ f .; `" RCL 90-91 22 e' ;:VAR 3003 ~ r ~ ' ,. RCL 61-62 fi ~ ~- VAC -~ ~ v m ~ ~ FSP 2004-00008 > CUP 2634 ` a i PL ~ ~ ' F ~ ~ ; CUP 2322 ; ~ ~ VAR 3242 3 / ~' ~ ~ ;_ Q 5~ ; V-3003 f m< ~. ,~ ~4k CUP 1982 '~' ( ) ..^ ~ ~ RS-2 ~ (CUP 1860) y ~ / 1 DU EACH . (CUP 163) , , E J _ ~, VACANT , SP 92-2 ~ '.~,.5 rye VACANT Om ~ ~-~~ ~ LAMARK DR sP s2-z -----~~ ~~- O RCL 90-91-22 f~ RCL 89-90-26 --__- ^ m ~ 89-90-09 ~~~ ~ ~ ~ Q - RCL 65-66-03 ° _ 1 DU EACH CUP 3217 CUP 2943 sP 9z-z VACANT RCL 9681-22 _ RS-2 RCL 6&90.25 RLL 97.8&09 1 DU EACH i ~ i RC UP ZB-03 L L ANAHEIM_CIT.Y_ LIMITS I VACAM GARDEN GROVE CITY LIMITS t ORANGEWOOD AVENUE- - - i - G m-~ &-Brr11 f~y~,,~~n NN. NP2Cd4 tSn mfrn UP100- ~¢~ wm~ ~~~ SHOPS Final Site Plan No. 2004-00008 Requested By: FRANKIE FLORES, TARSADIA HOTELS ~~ SP 92-2 DISNEYLAND RESORT PARKING LOT SP 92-2 FSP 200400002 VACANT SP 92-2 RCL 66-67-61 164) CUP 2814 VAR 3288 VAR 3234 BEST WESTERN RAFFLES INN 8 SUITES SP 92-2 RCL 66-67-61 (84) VAR 3234 TRAVELODGE INTERNATIONAL INN C-G s RCL 62-63 131 ~ CUP 3707 ~ CUP 2441 1O VAR 10345 ~E Subject Property Date: December 13, 2004 Scale: 1" = 200' Q.S. No. 77 REQUEST FOR APPROVAL OF A FINAL SITE PLAN TO CONSTRUCT A 150-ROOM HOTEL. C-G RLL 9400-1 RCL 5657-74 Q~ cup 1x91 RCL 65-66-05 SMALL CUP 3878 SHOPS SERV STN Cr . . 2041 South Harbor Boulevard 1sz3 ITEM N0, 1-C ATTACHMENT -ITEM N0. 1-C S HOTEL S December 8, 2004 Mr. Scott Koehm Planning Department City of Anaheim 200 S. Anaheim Blvd. Anaheim, CA 92805 Subject -Pre 2004-00085 2041 South Harbor Boulevard Letter of Operation Dear Scott, The proposed hotel consists of 150 rooms w/ in-house breakfast room, exercise room, lobby lounge, pool & spa w/ parking to code. The hotel site will also provide for a separate 8500 S.F. free-standing restaurant also w/ parking to code. The hotel will operate 365 days per year, 24 hours per day, and 7 days per week. The hotel will employ i6 employees per shift (3 shifls per day) w/ 8 maids per shift for daily room service, 4 operations people, 2 breakfast room attendance and 2 hotel engineers per shift. The front desk will operate 24 hours, 7 days per week w/ key card searrity and parking lotto be lighted to City of Anaheim Police Department requirements. If you have any questions you may reach me at 949-610-8039. Thank you for your assistance. 620 Newport Center Drive, Fourteenth Floor Newport Beach, California 92660 (949) 610-8039 (949) 610-8239 Fax Page 1 of 1, Pmtessional Lefler, Tarsadfa's ITEM M0. 1-D F~wAY sP e6-ai SYCAMORE CANYON OPEN SPACE T SP 90.4 MOUNTAIN PARK OPEN SPACE SP 99-01 SYCAMORE CANNON T-CUP 2004-04935 T-CUP 2004-04840 CUP 4033 CUP 3032 (CUP 3536) os s'~ DP THE SUM ~N~ GEOPFP~,~ ~DUEE/ ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE Conditional Use Permit No. 4033 ~ ? Subject Property TRACKING NO. CUP2004-04935 Date: December 13, 2004 Scale: Graphic Requested By: PAUL MITCHELL Q.S. No. 225 REQUEST FOR DETERMINATION OF SUBSTANTIAL CONFORMANCE FOR OUTDOOR ACTIVITY AND FINAL SITE PLAN REVIEW OF A LIGHTING PLAN FOR PARKING AREAS. 8712 East Santa Ana Canyon Road -Kindred Community Church tfi28 ITEM N0. 1-D ATTACHMENT - R&R 1-D RESOLUTION NO. PC2004-39 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING RESOLUTION NO. PC98-98, AS AMENDED BY RESOLUTION NO. PC99-131, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 4033 WHEREAS, on June 22, 1998, the Anaheim City Planning Commission did, by its Resolution No. PC98-98, grant Conditional Use Permit No. 4033, in part, to permit a 29,503 square-foot church with accessory day care center, fellowship hall and multi-purpose building in conjunction with existing modular buildings at 8712 East Santa Ana Canyon Road; that waivers (a), required setback for institutional uses, and (b), minimum number of parking spaces, were denied because revised plans were submitted eliminating the need for the waivers; and that said resolution contains 21 conditions of approval including the following: 9. That church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year). 16. That within a period of five (5) years from the date of this resolution (i.e., by June 22, 2003), the existing modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from this property. 17. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 9, and as conditioned herein. WHEREAS, the petitioner subsequently submitted revised plans (labeled Revision No. 1 of Exhibit No. 1, and new Exhibit Nos. 10 and 11) to add a 2,500 square-foot manufactured home with roof- mounted equipment as a parsonage and to amend certain conditions pertaining to landscaping; and that on July 19, 1999, the Planning Commission did, by its Resolution No. PC99-131, amend the afore-mentioned Resolution No. PC98-98 to permit a manufactured home as a parsonage, to permit exterior ground-mounted air conditioning units that are fully screened from the view of adjacent residential properties; and that three conditions of approval were amended including the following: 17. 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 Revision No. 1 of Exhibit No. 1, and Exhibit Nos. 2 through 11, and as conditioned herein, including that the composition roof material for the manufactured house shall be brick-colored, that a minimum of two (2) trees shall be planted to the south and east of said house, and that any exterior air conditioning unit(s) shall be ground-mounted and screened. in accordance with Condition No. 8 herein. WHEREAS, the petitioner subsequently submitted revised plans (labeled Phase II Site Plan, Floor Plan and Partial Site Plan, Exterior Elevations, Phase II Preliminary Landscape Plan); and that on March 1, 2004 Planning Department staff determined that said plans were substantially in conformance with the plans previously approved by the Planning Commission; and WHEREAS, the petitioner has requested an amendment to this conditional use permit under authority of Code Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances-Procedure), 18.03092 (Termination or Modification of Conditional Use Permits or Variances- Grounds) and 18.03.030.010 (Unlisted Uses Permitted), as follows: (a) to permit roof-mounted equipment in conjunction with expanding an existing multi-purpose building, (b) a determination that the proposed revised Tracking No. CUP2004-04840 CR\PC2004-039.doc -1- PC2004-39 and new plans (labeled Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 12 through 15) are in substantial conformance with the previously approved exhibits, (c) amendment or deletion of Condition No. 9 to extend the permitted hours for church activities until 10 p.m. on weekdays and until 11 p.m. on Fridays, Saturdays and Sundays, (d) amendment or deletion of Condition No. 16 which specifies that the four existing modular buildings (excepting the dressing room and restroom located ad}'acent to the outdoor chapel) shall be removed from the property by June 22, 2003, and (e) to permit four additional modular buildings for accessory church activities; and WHEREAS, the property is developed with a church including four modular buildings, a parsonage, biblical theme garden and water feature, and an outdoor chapel; that the zoning is Development Area 9 (Single-Family Residential) in the Sycamore Canyon Specific Plan No. SP88-1; and that the General Plan land use designation is Open Space; and WHEREAS, the City Planning Commission did hold a public.hearing at the Civic Center in the City of Anaheim on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03 (Zoning Procedures-Amendments, Conditional Use Permits and Variances), to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at the public hearing., does find and determine the following facts: 1. That the use, as proposed to be amended, is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the request for roof-mounted equipment was withdrawn at the public hearing 3. That the use, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 4. That the size and shape of the site for the use, as amended, 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. 5. That the traffic generated by the use, as amended, will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 6. That the approved amendments, including the imposition of new conditions, are reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the conditional use permit as previously granted. 7. That no one indicated their presence at the public hearing in opposition to the proposal, and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the request to amend this conditional use permit to permit roof-mounted equipment in conjunction with the expansion of an existing multi-purpose building, to determine that the revised and new plans are substantially in conformance with the previously approved exhibits, to amend or delete Condition No. 9 which restricts the hours of church activities, to amend or delete Condition No. 16 which specifies that the four existing modular buildings shall be removed from the property by June 22, 2003, and to permit four additional modular buildings for accessory church activities; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4033 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative -2- PC2004-39 Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will. have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. PC98-98 as amended by Resolution No. PC99-131, adopted in connection with Conditional Use Permit No. 4033, as follows: to determine that the revised and new plans are substantially in conformance with the previously approved exhibits, to permit outdoor church activities only between the hours of 9 a:m. and dusk or 8 p.m., whichever is later, to permit the four existing modular buildings to be retained for 10 more years, and to permit four additional modular buildings for 10 years in connection with the previously-approved 29,503 square-foot church with .accessory day care center, fellowship hall and multi-purpose building at 8712 East Santa Ana Canyon Road; AND BE IT FURTHER RESOLVED that the conditions of approval are hereby amended in their entirety to read as follows: 1. That within a period of ten (10) years from the date of this resolution, the modular buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at the western portion of the property) shall be removed from this property. In the event that permanent facilities to replace the modular buildings are built during said ten (10) year period, the temporary modulars shall be removed within sixty (60) days of the occupancy of the permanent facilities. 2. That any outdoor church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m., whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year). 3. That no outdoor amplified sound systems shall be installed on the subject property, and that all outdoor events shall comply with the requirements of Chapter 6.70 (Sound Pressure Levels) of the Anaheim Municipal Code. 4. That prior to issuance of any Speciat Event Permit for outdoor activity on this property, the petitioner shall obtain a Special Circumstances Waiver from the Zoning Administrator. 5. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as clinging vines or tall shrubbery. 6. That an on-site trash truck turn-around area shall be provided in accordance with :Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 7. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 609 and shall be subject to review and approval by the City Traffic and Transportation Manager prior to issuance of a building permit. 8. That, if necessary, the legal property owner shall provide the City of Anaheim with a public utilities easement alonglacross the high and low voltage lines crossing the private property, and around all pad- mounted transformers, switches andlor capacitors. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 9. That the legal property owner shall be required to pay for an underground line extension to the nearest electrical source that has the capacity to serve the loads of this project. Any required relocation of City electrical facilities shall be at the property owner's expense. Landscape and handscape screening of all pad- mounted equipment shall be required and shall be located outside the easement area of the equipment. -3- PC2004-39 10. That all air conditioning facilities and all other ground mounted equipment shall be fully shielded,from view and the sound buffered from adjacent residential properties. Said information shall be specifically shown on the plans submitted for building permits. No roof mounted equipment shall be permitted. 11. (a) That lighting of signs for subject property shall be prohibited between the hours of midnight and 6:30 a.m. as specified by Zoning Code Section 18.05.091.050 ("Limitations on Sign Lighting" in the Scenic Corridor Overlay Zone) unless a variance is applied for and granted. (b) That all new signage visitite from off-site shall be subject to review and approval by the Planning Commission as a `Reports and Recommendations' agenda item. 12. That no outdoor lighting for the parking lot, driveways, athletic fields or buildings shall be installed prior to review and approval of a comprehensive lighting plan by the Planning Commission as a 'Reports and Recommendations' agenda item. Any future light fixtures shall be down-lighted and directed away from adjacent residential property lines to protect the residential integrity of the area, and said information shall be specified on the plans submitted for permits. 13. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2 through 15, and as conditioned herein. 14. That prior to issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9 and 10, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 15. That prior to final .building and zoning inspections, Condition No. 13, above-mentioned, shall be complied with. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 5, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03 (Zoning Provisions- General) of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY JAMES VANDERBILT-LINARES) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -4- PC2004-39 I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning _ Commission held on April 5, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: BUFFA, FLORES tN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. /ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004-39 [DRAFT] RESOLUTION NO. PC2004--" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING AREAS OF SEWER AND PARKING DEFICIENCIES RELATING TO SECOND UNITS AND MAKING CERTAIN FINDINGS RELATING THERETO. WHEREAS, on September 29, 2002, the State pf California Legislature approved Assembly Bill No. 1866 which, among other things, amended Government Code Section 65852.1, requiring cities to permit second units in single-family and multiple-family residential zones, identifying criteria under which a second unit is to be permitted, requiring a ministerial approval process and limiting the requirements cities may impose on the construction of such second units; and WHEREAS, as of July 1, 2003, the aw requires cities to allow second units in residential zones without discretionary action, although cities may adopt ordinances creating specifications and standards for second units subject to compliance with Government Code Section 65852.2; and WHEREAS, cities may prohibit second units in areas which are determined tp be signifcantly impacted by insufficient capacity pertaining to traffic circulation, parking, public utilities and/or other infrastructure and which deficiency would be exacerbated by the construction of second units; and WHEREAS, on May 13, 2003, the Anaheim City Gouncil adopted Ordinance No. 5857, establishing a process for ministerial approval of second units and creating specifications and standards for such units (the "Second Unit Ordinance"); and WHEREAS, the Second Unit Ordinance permits second units, subject to the standards identified therein, in all residential areas of the City, excluding only the areas established by Planning Commission and/or City Council resolution as deficiency areas which are significantly impacted by insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs; and WHEREAS, on June 16, 2003, the City Planning Commission approved Revision No. 1 to said Deficiencies Area Map, and made findings and recommendations in connection therewith; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed Deficiencies Area Map, 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. Section 65852.2 of the Government Code authorizes cities to use criteria such as adequacy of water and sewer services and the impact of second units on traffic flow to determine areas where second units may be permitted. 2, The Second Unit Ordinance provides that second units shall not be permitted in any area of the City identified by resolution of the Planning Commission and/or the City Council as being significantly impacted by insufficient capacity for traffic circulation, parking, public utilities andlor other infrastructure. 3. Following review and analysis of sewer capacity throughout the City, as discussed in the Staff Reports to the Planning Commission dated April 21, 2003, June 16, 2003, and December 13, 2004, which discussion is incorporated herein by this reference, certain areas of existing significantly deficient sewer CR\PC2004- -1- PC2004--" capacity, which would be exacerbated by allowing second units, have been identified, based on the following: a. Second units are housing units, which are not anticipated in the build-out scenario for the City, and the City recognizes a probable increase in the amount of discharge into the sewers generated by the addition of a second unit compared to a minor expansion of an existing unit, which would be permitted; b. Allowing unanticipated second units in neighborhoods that are currently deficient in sewer capacity will overburden the existing sewers; c. Areas where some sewer capacity remains but is not adequate to provide for build-out of the current zoning should not be further burdened by allowing second units because in these areas, even with sewer improvements, sufficient capacity may not be available to adequately serve second units, since proposed plans for sewer capacity upgrades have not taken into account these unanticipated housing units; d. Permitting second units in said identified areas may lead to sewer spills into the City's storm drain system, which may constitute a hazard and would subject the City to severe penalties under its National Pollutant Discharge Elimination System ("NPDES") Permit; e. Permitting second units in said identified areas would constitute a health and safety hazard, and would have adverse impacts on the public health, safety and welfare. 4. Based on the above-described review and analysis of sewer capacity throughout the City, a Deficiencies Area Map dated December, 2004, has been prepared identifying areas in the City which are already burdened with sewer capacity and parking deficiencies and are not suitable at this time for allowing second units without negatively impacting the existing neighborhoods and having adverse impacts on the public health, safety and welfare. 5. The Planning Commission anticipates that the Deficiencies Area Map will be reviewed and updated from time to time to ensure that the map continues to reflect areas where second units should not be allowed and to remove areas which would no longer be negatively impacted by the creation of new second units because improvements to the infrastructure or other changed circumstances have eliminated the previously identified deficiency. WHEREAS, the adoption of this resolution pursuant to the Second Unit Ordinance to implement the provisions of Government Code Sections 65852.1 and 65852.2 is statutorily exempt from the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.17 and CEQA Guidelines Section 15282(1) and further exempt from CEQA pursuant to CEQA Guidelines Section 15305, as a minor alteration to land use limitations which does not change land use or density in .areas with an average slope of less than 20 percent. NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the Anaheim City Planning Commission does hereby approve the 'Deficiencies Area' Map dated Decerctber, 2004, on file with the Planning Department of the City, which identifies those certain locations having existing significantly deficient sewer capacity and/or existing significantly deficient on-street parking capacity where Second Units shall not be permitted. -2- PC2004--'" THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 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 ' CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 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 PLANNING COMMISSION -3- PC2004-" ITEM N0. 2 LJP 1>95 ~ VPR U5 ~ pR]5]2 A ~ U A ,W ~ VPR \6Bt c ~ A A~ W ; e Ao ~ ; °o 9l0 VAR tOxO M~ M~ ±~~ 6 \A VAR ]gfil ~ nnf~A0~~ ~~ M~ o ]Bt4 W MpVE M4AOg1q NO\15TR\P~F\RM IAl q VM el6x F1P AEMGR -9nm \ \pJ .. ~ L V PRVP 424466 1N0. FIRM m M~ gg66 VPRV PR'41gUhp\N~ MOUStR1P~B n o .1goo.t ~4, J r Reclassification No. 2004-00124 RM, \1W Requested By: ANAHEIM REDEVELOPMENT AGENCY M~ 5 0.E 52 6] VP0.11 Subject Property Date: June 14, 2004 Scale: Graphic Q.S. Np. 84194 CITY-INITIATED (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR RECLASSIFICATION OF THE PROPERTIES FROM THE ML (LIMITED INDUSTRIAL) ZONE TO THE RM-3 AND RM-4 (RESIDENTIAL, MULTIPLE-FAMILY) ZONES OR LESS INTENSE ZONES. 516 East Santa Ana Street, 500-554 South Atchison Street, and 525-711 East South Street 1371(2004-6-3) Item No.2 Staff Report to the Planning Commission. December 13, 2004 Item No. 2'' 2a. `CEQANEGATIVEDECLARATION 2b. ' RECLASSIFICATION N02004-00124 (Motion for`withdrawaf) 'SITE LOCATION AND DESCRIPTION: (1) Portion A: This 10.7-acre area is located at the southeast corner of Santa'Ana Street and Olive Street with frontages of 970 feet on the south side of Santa Ana Street and 480 feet on the east side of Olive Streef(516 EastSanta Ana Street and 501 - 547fSouth Atchison Street - Kwikset site)..) Portion B: This 10.3-acre area has frontages of 150 feet on lhe`south side of Santa Ana Street and 340 feet o~ he east side of Olive Street and a maximum depth. of 1,120 feet (500 - 558 South Atchison Street). Portion C: This 10.3-acre area has frontages of 150 feet on the' north side of South Street and 340 feet on the east side of Olive Street and a maximum depth of 1,120 feet (610 South Olive Street and 711 East South Street). Portion D: This 9.8-acre area is'Iocated atthe northeast corner of South Street and Olive "Street with frontages of 440 feef on the east side of Olive Streetand 970 feet on the north stle of South Street (525 East South Street). REQUEST: (2) This is aCity-initiated (Community Development Department) request for approval oPa reclassification of these properties as follows: (a) Portion A - from'ML (Limited Industrial) to RM-3 (Residential, Multiple-Family-2400) zone. or less intense zone. (b) Portion B -from ML (Limited Industrial) to RM-4 (Residential, Multiple-Family-1200) zone or less intense zone. (c) Portion C - from ML (Limited Industrial) to RM-4 (Residential, Multiple-Family-1200) zone'or less intense zone.+ (d) Portion D - from ML (Limited Industrial) to RM-3 (Residential, Multiple-Family-2400) zone'or less intense zone. BACKGROUND: ' (3) These properties are currently zoned I (Industrial) and are designated for Residential Low- Medium and Residential-Medium: Density Land Uses by the Anaheim General Plan Land Use Element Map. These properties are further designated as Housing Opportunity sites in the City's adopted Housing Element and are also located within the Commercial Industrial (Sbuth Central) Redevelopment Project Area and are currently developed with various industrial uses. (4) This item was continued from the June 14, August 9, September 8, and November 1,'2004, meetings in'order for Community Development Department staff3o meet with the industrial property owners adjacent to the Kwikset site and discuss future opportunities for potential residential development. Community Development has submitted the attached memorandum dated December 6, 2004, requesting a withdrawal'of this item to allow atlditional time to meet with these property'bwners and study potential residential opportunities for the site and the surrountling area Tfierefore, staff recommends that. this 'item be withdrawn. sr2170ds Page 1 Staff Report to the Planning Commission December 13; 2004 Item No. 2 RECOMMENDATION: (5) Thaf the Planning Commission, by motion, withdraw this reclassification request as recommended by staff. '~ Page: 2 ATTACHMENT - ITEM N0. 2 " Cit y; of An ahei m - ~ ~~.. Co m m unit y ~De~ elo pment ;~i)e a rt me nt Memo Yo: Planning Commission From: Mark Asturias, Redevelopment Manager pate: 12/06/04 Fte: RECLASSIFICATION NO. 2004-00124 REQUEST FOR WITHDRAWAL The Community Development Department is continuing negotiations with property owners for the azea commorily referred to as the Kwikset site. In addition, the property owner to the south of the Kwikset site is reviewing the feasibility of selling its 18-acre property to a residential developer. The Community Development Deparhnent has started discussions on planning the future residential development of the area given the potential opportunity to plan for a larger residential development. Therefore, the Community Development Department requests withdrawal of the application for Reclassification No.2004-00124. Respectfullypsubm~~itte/d, ~ Gx~-G~-~-~---~ Mark Asturias F:~DOCSIA~MIMMEMOSWUNdCCl3W(wikset~OC ITEM N0. 3 ~ RCL fiO£1-36 PARK CIR 150U m ry¢ CUP 34fi d gmwo w 86 OU AR 303 ~~ E~~ I,AND9- APTS ~p¢= ^ ¢ ¢ ^ GAPING 2-0U ~ N APTS. APTS. RM-0 q L°, vi w ^ ~1 6 DU z ~I(TII IT GG 4 DU EA. (iCL 55-56-39 APTS. '. ~ m ~ APTS. p "'a m RLL 66-6]-Sd B DU EA. 15 DU ~j MARKET C-G ~ RLL 00.fi1.30 RCL 66-67-54 ~-z cc RCL 60-61-38 :L 90A9d RCL 0trw~09 RM3 'AR dad] CUP 1525 ~ d ~ J1J 9182 cuP Z9ol.wde9 gNFw ~ RCL 55-B6-39 cuP n+e CHURCH ~ I 1GU PcUPS9-0fi i° ~^ ¢ APTS. APTS. APTS. APTS. vncAHT9L9c. ~ 2 16 DU 2 DU 6 DU 4 OU EACH BALL ROAD ,_ I 1276' RS-2 RCL 69.]x45 1 DU EACH CUP J505 CUP 14d0 43 CHURCH COLONIAL A` 3 1 RM-0 0.CL 00-014] T vne ou fi '~ CUP 2004-04910 RS-2 :TRIDENT ADULT CEMER 1 DU EACH RM4 __ RCL 00.01J5 VAR 3313 W OU Y', v,' . GOODHUE RCL 66.69.64 ~ T RS-2 VAR 2048 N 1 DU EACH 1 DU EAC D Q RCL W-9B- fi9-64 z RS-2 048 F 1 DU EACH ~ RCL97-9& CASTLE A~ Z ~:_ .. ~, ..T~._.. ,. CASTLE AVE , ,,,, „`^~TRIDEM'ADULT CENTERp , RS-2 1 DU EACH Conditional Use Permit No. 2004-04910 Subject Property Date: October 16, 2004 Scale: Graphic .Requested By: ANAHEIM UNION SCHOOL DISTRICT Q.S. No. 49 REQUEST TO PERMIT A TELECOMMUNICATIONS ANTENNA (DISGUISED AS A PINE TREE) WITH ACCESSORY GROUND-MOUNTED EQUIPMENT. 1800 West Ball Road -Trident Adult Center 1527 3a. CEQA NEGATIVE.DECLARATION 3b. "CONDITIONAL' USE PERMIT NO. 2004-04910 :SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 17.2-acre property is I Page 1 Page 1 of 2 ATTACHMENT -ITEM N0. 3 Della Herrick From: Celly Adamo [CAdamo@DeltaGroups.comj Sent: Wednesday, December 01, 2004 4:42 PM To: Della Herrick Subject: RE: Trident Site Ms. Herrick Per your direction, I am requesting a continuance of our proposed application #2004-04910 for a telecommunication site at 1800 West BaII Road- Trident Adult Center to the January 10, 2005 Planning Commission Hearing. This request is made to further consult with the Planning department the proposed plans for this site. Respectfully Yours, Celly Adamo Zoning Specialist III Delta Groups Engineering 949-400-7756 -----Original MPCCana___-_ ITE'd N0, [I T-CUP 2002-04511 ~ CUP 92fi7 1 DL ~ T-CUP 2001-04344 CUP 3159 Q ~ CUP 2469 PARYJ GLOT MOTELS RESTAURANT d ' Z BROOKHURST COMMERCIAL CORRIDOR CL RCL 98-99-11 ~ ~ RCL 57-58-35 Q U ' CUP 3267. U U 9 CUP 3159 MEDICAL OFFICES STONYBROOK DR ( CL RCL 98-99-11 ~ RCL 56-59-111 '. ORANGE COUNTY LIMITS J OFFICE BLDG ANAHEIM C/TYLIM/TS RCL 98-99-11 I- VAR 1918 I I ~ .RCL SB-59-34 ll.l RCL 57-58-2fi Ll.l SHOP58 ~ CL COCKTAIL LOUNGE f- RCL 98.99.11 RCL 67-68-86 COLCHESTER DR 120' a. ~ RCL62-63.113 0; RCL 54-55-7 ~ RM-200 ;' r ~ ~ ~RCL56--59-34 ~ CUP 2317 ~ r ~ RCL 57-5B-26 ~ CUP 2181 ~ RCL 58-59.34 F CUP 3342 ~ CUP 1977 O RCL 57-58-26 W ~ CUP 3866 = BFU:LHURST PLAZA U APARTMENTS I I ~ ~ N ~ °'~~ee cooovE R Y sHOPPINC CENTER e NN ~ -'mumi riia' CL ~ (~ ym ~ °; 0~~~» RCL 98.9&11 ~ D: S ~. UUUUO RCL 58.5&34 W RM-1200 - - O ~~~ RCL 57-58-26 ~ ~ APA~TMEN~s ~ ~ ~ r cuP2es1 m gROOKMOREAVo CUP 1354 L;L APARTMENTS U ~ k'F ti VANCOUVER DRIVE c;,. s? CL co cuP ts2B ` ' VAR 1494 ^ m RCL 98-98-11 Z I 1 1 CL m~ m~ RCL 63-64-108 Y I I w,l RCL 98.99.11 UmNaao RCL 62.63-113 p. ICI RCL 57-5&26 ooam BANK 0=' 1 v 1 RM-3000 I~ j CUP 200404861 rc a "> m 101 RCL 7B-79-05 1 m CUP 3649 ~ 1 t Zn 1 R C P 902 0 t~ l VAR 1323 I o RCL se0-ss-t t 1<1 CUP 1220 Iml (CUP 3458' gCL54-55-7 ICI 60 D.U.CON:DO ~zl ((CUP 1583 CUP 2969 I I I>'~ SHOPS I SANOWICHASHOP 1 1 v I cL I I I CL ~ / I----- CUP 3980 acLBS&a-9ssi --^--' ~----^-_----~ CUP 2003-04768 RESTAURANT ®~ CL BROOKHURST COMMERCIAL CORRIDOR RCL 98-99-t t CUP 1444 CL CL ACL 54-55-7 VACANT VAR 2005 I CL I VAR 1211 S cL Ir UP 2003-04768 RCL 98-s9-11 BROOKHURST SHOPPING aai. sa ssi COST OFFICE RCL 54-55-40 CENTER T-CUP 2992-w3t4 CUP 2003-047fi8 T-vAq 2992-94C15 CI1P 7809-04578 ,~~recc: Conditional Use Permit No. 2004-04861 ,~'~x# Subject Property Date: June 28, 2004 Scale: 1" = 200' Requested By: 2230 WEST COLCHESTER, A CALP Q.S. No. 34 REQUEST TO PERMIT AND RETAIN TWO EXISTING CHURCHES, A NARCOTICS ANONYMOUS MEETING HALL., AND TO ESTABLISH LAND USE CONFORMITY WITH THE CITY'S ZONING CODE REQUIREMENTS FOR AN EXISTING NON-CONFORMING COMMERCIAL RETAIL CENTER WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES. 2230 West Colchester Drive 13Ba(zoD4s-zz~ ITEM N0. 4 Staff Report to the Planning'Commission 'becember;l3, 2004 `Item No. 41 4a. I CEQA NEGATIVE DECLARATION (Motion) 4b. (WAIVER OF CODE REQUIREMENT ;.(Motion) ! 4c. ?CONDITIONAL USE PERMIT'NO.2004=04861 ;.(Resolution) i SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 0.87-acre property is located at the southeast corner'of Colchester Drive and Colony Street] having frontages of 120 feet on the south side of Colchester Drive' and 321 feet on the east side of Colony Street (2230 West Colchester Drive); REOUEST~ (4) This item was'continued from the June 28, July 26, August 9, September 20; Novem6e~ i, and: November' 15, 2004;' Commission meetings at the request of the petitioner due to a scheduling conflict and to review the recommended conditions of approval with staff. Since theSeptembe~ 20, 2004, Commission meeting, staff conducted a physical inspection of the property and has provided written cdmments to the petitioner regarding staffs inspection. The petitioner requested he latestcontinuance to allow time to review staffs comments pertaining to modifications made to the buildings withouf permits that were observed dining the inspection:. At the time this staff report was being. prepared, staff received an additional request for continuance. The agent for the property owner, Joseph Curd, esq., indicates in a letter dated rJecember,6, 2004, that due to'other legal commitments, he may not be able to attend the Planning Commission meeting. Because of Permit Streamlining'Act requirements and the need to move forward on the land use issues, staff is not supportive of a further continuance. PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) .Conditional Use Permit No. 3649 (to permit a 2,609 quare foot church within an existing commercial retail center with waiver of minimum number of parking spaces) was 'approved `by the Planning Commission on Decembet 13, 1993; for a period of two years. 'This permit expired and was never reinstated. Sr5133jr Page i (b) (c) PROPOS rrr sen con regi inch (7) The within'sixteen (i6) tenant spaces located in two'(2) buildirtgs on the pro small landscaped areas and a trash enclosure within the parking lot. !TI Church occupies Suites 1-5, The Orange County Recovery Center (any occupies Suites 6-t3, and the Ministerio Impacto"Nuevo Church occupie 16. (9)' Vehicular access'is provided via an alley along the east side of the proF accessed from'ColchesterDrive. Site'access is!also obtained from the center) parking lot to the south. Plans`indicate a total of 64 existing on- this property. Code requires 213 spaces based,the following: Use Square Feet Code Parking Requirement Spaces '' Re uired'i Victoryputreach Church 2{360 29 spaces par 1,000 square feet 69 (Suites 1-5) (no fixed of'assembly'area or 0:333 space seating) peg fixed seat`whichever is greater Office 800 4 s aces er1,000 s uare feet 3 Orange;County Recovery Center 1',680 29 spaces per 1,000 square feet 49 (Suites 6-6) (no'fixed ofassembly area or 0:333 space seating} per fixed seat whichever is greater Office 400 4 s aces er.1,000 s uate feet 2 Page 2 Nole:'Gatle does not.~e~ purposeroom) do not I {10) The'floor plan fo sanctuary and p consists of five; has ho fixed sea (11) The floor plan fo square foot asse no unfixed seatii /A ~,\ TL21 1C Barber Salon i 780 5.5 spacesper 1,000 quare feeLi 4 Suite. 9 EI Encanto Bar 2,460 17 spaces per 1,000 square feet 42 Suites 10-12 Ministedo Impadto Nuevo 1,154 `29 spacesper 1,000 square feet 35 - (Suites 13, 14, 16) (no fixed of assembly area or 0:333 space 'seating) perfixed seat whichever is greater Office Classroom 892 4 spaces per 1,000 square feet 4 563 rNone Storage (vacant),: 890 5.5 spacesper 1,000 quare feet 5 Suite 15 :TOTAL 11,979 213 {vuc .;4vib P Viewiof the p (13) Photographs and staff inspections construction, with a stucco finish;'i :Page 3 wide landscaped planter is located adjacent to the north s' Colchester Drive:: The west elevatioh',contains rear entrar and a combination block and chain link fence enclosure.'i mounted HVAC units visible from Colony Street. No exte~ signage or landscaping are proposed as part ofthis applic (14) Existing site landscaping consists of two planters within th and grass, and an approximately 20-foot wide landscapetl Drive, which contains one (1) tree. Code requires one trey frontage, (6 treesron Colchester Drive and 16 trees on Co shrubbery or clinging vines planted on 3-foot-centers for t requires that at least one (1,) tree per three thousand (3,l)C and/or vehicular accessways be distributed throughout the forty-eight (48) square feet of planter area provided per re dimension of five(5} feet, and no more than ten(10) parki other in a row without beingseparated by landscape area: (25,923 square feet / 3000 square feet = 9 trees with assc (15) The submitted letter of operation and parking study for the the church is a Spanish ministry provtling marriage and fe dependency support. The hours of operation are as follow Sunday 10 am- 12 pm 60 people in attendar Sunday 7 pm- 9 pm 60 people in attendar Wednesday 7 pm- 9 pm 20 people in attendar Thursday 7 pm- 9 pm 20 people in attendar Friday ; 7 pm- 9 pm 60 people in attendar Staff has observed few office personnel on site during wei ENVIRONMENTAL IMPACT ANALYSIS; (18) Staff has reviewed the proposal and the Initial Study (a copy of which the Planning Department) and finds no significant environmental imp. recommends that. a Negative Declaration be approved upon a finding Commission thatithe Negative Declaration reflects the independehtjt agency; and thafit has considered the'proposed Negativebeclaratio~ Staff Report to the Planning Commission 'l7ecember 13, 2004 .Item No. 4 comments received during the public review process ahtl further finding on the basis of the Initial Study and any comments received thatthere is no ubstantial evidence that the project will: have a significant effect on the environmeht. EVALUATION: (19) Commercial retail centers, churches, and private clubs, lodges, and meetingfialls are permitted within the CG (BCC) Zone subjecCto approval?of a conditional use'permit. (20) The requested waiver pertains to the minimum number of parking spaces. Code requires a minimum of 213 parking"spaces for the commercial retail center,'including the two (2) churches and the recovery center meeting hall and plans indicate B4 proposed spacesas described in paragraph no. (9) of this report. The petitioner has submitted two parking analyses prepared by Traffic Safety Engineers, Inc., dated March 15 and April 12, 2004; to substantiate the requested parkingwaiver. The City Traffic and Transportation Manager has reviewed the parking analysis and has determined thafthe proposed parking areas referenced in the parking study are: sufficienffor the churches, meeting hall,'and commercial uses on the property. Based on the parking study, the parking demand at peak use is 70% of the parking available on site for the: commercial retail center and the churches and meeting half Staff has also conducted site'inspections at various times and days throughout the week (Tuesday and Wednesday mornings and afternoon, Thursday, Friday, and Saturday evenings, and'Sunday mornings). ;Based on staffs inspections, the parking demand a€peak use'js 65% of available parking during the week and 95% of available parking;during the'weekend',The City Traffic and Transportation Manager has reviewed this study arid has determined that the actual supply df 64 spaces on the property is adequate for the commercial retail centeq including the two (2) churches and the recovery center meeting hall. Based upon the City Traffic and Transportation Manager's analysis and recommendation, staff recommends!. approval of this waiver based on the following'findings: "(a) That the waiver, under the conditions imposetl, ifany, will not cause fewer off-street parking. spaces to be provided for such use than'the number of such spaces necessary to accommodateall vehicles attributable to such': use under the normal and reasonable foreseeable condtions of operation of such usej The parking study indicates that peak parking demand for off-street parking spaces is substant(ally lower than the quantity provided for he two (2) churches; the meeting hall, antl other commercial: tenants. (b) That the waiver, under fhe conditions imposed, ifany, will hot increase the demand and competition for parking'spaces upon the public streets in the immediate vicinity of the proposed use: The proposed project will not increase or compete for on-street parking because the parkinglot has more than adequate parking to accommodate both churches, the meeting hall, and'other commercial tenants. Parking counts indicate 30% of on-site parking'is vacant tluring peak hours. (c) That fhe waiver, under the conditions imposed, ifany, will not increase the demand for parking. spaces upon adjacent private'property in'the immediate vicinity of fhe proposed use. The parking study indicates the on-site parking area is sufficient to accommodate the demand of parking generated by these three assembly uses and therefore would not increase the demand for parking spaces upon adacent private property in the immediate vicinity'of the site. Page 5 Page 7 w auwui i n i iuueie ai foreseeable conditii (b) -That the waiver,'i competition for'p; proposed use; ar (c) ,' That the waiver'i competition for pi of the proposed under anj agreem '(2! (d) That the traffic generated by the modified use will not impose an undue burder the streets and highways designed and improved to carry;the traffic in the are2 (e) That the grant(ng of the conditional use permit under the conditions imposed, 'r will not be detrimental to the health and safety of the citizens of the City of Ana RECOMMENDATION: (3p) Staff recommends that, unless additional or contrary information is received during the l and tiased upon the evidence submitted to the`Commission, including the evidence pre: in this staff report, and oral and written evidence presented at the public hearing, the Commission a 'rove the;petitioners requesf by adopting the attached resolution inclutli findings and: conditions contained therein. P [DRAFT] RESOLUTION NO. PC2004--' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT'NO. 2004-04861 BE GRANTED (2230 WEST COLCHESTER DRIVE) WHEREAS, the Anaheim 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: LOT 1, 2, 3 AND 4 OF TRACT NO. 2701, AS PER MAP RECORDED IN BOOK 115, PAGES 5 AND 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 28, 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 the July 26, August 9, September 20, November 1, and November 15, and December 13, 2004, Commission meetings; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004 at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.08.030.040 to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non- conforming commercial retail center with waiver of the following: SECTIONS 16.42.040 Minimum number of oarking spaces. AND 18.08.070 (213 required; 64 existing and proposed and recommended by the Traffic and Transportation Manager) 2. That the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. The parking study indicates that peak parking demand for off-street parking spaces is substantially lower than the quantity provided for the two (2) churches, the meeting hall, and other commercial tenants. 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. The proposed project will not increase or compete for on-street parking because the parking lot has. more than adequate parking to accommodate for both churches, the meeting hall, and other commercial tenants. Cr1PC2004-0 -1- PC2004- 4. That the waiver, under the conditions imposed, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The parking study indicates the property parking area is sufficient to accommodate the demand of parking generated by these three assembly uses and therefore would not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the site. " 5. That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off-street parking areas or lots provided for such use. The project will not cause increased traffic congestion within off-street parking areas of the site because on-site parking is only 65% occupied during peak parking demand periods during the week and 95% on the weekend. 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. The project site parking area has a total of three (3) access outlets. Peak traffic demands occur on Sundays and weeknights only. No impeding of traffic access into or out of the adjacent parking lots was observed during parking demand surveys of the project parking lot. 7. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use is not listed therein as being a permitted use. 8. 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 proposed to be located. 9. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 10. 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. 11. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 12. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non- conforming 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 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: -2- PC2004- Churches and Meeting Hall 1. That this permit approving two (2) churches and a narcotics anonymous recovery meeting hall shall expire on December 13, 2006. 2. That the hours of operation for the Victory Outreach Church shall be limited to the following, as stipulated in the petitioner's letter of operation: Sunday 10 am- 12 pm Sunday 7 pm- 9 pm Wednesday 7 pm- 9 pm Thursday 7 pm- 9 pm Friday 7 pm- 9 pm 3. That the hours of operation for the Ministerio Impacto Nuevo Church shall be limited to the following, as stipulated in the petitioner's letter of operation: Sunday 10:30 am- 12:30 pm Sunday 7 pm- 9 pm Tuesday 7:30 pm- 9 pm Thursday 7:30 pm - 9 pm 4. That the hours of operation for the Orange County Recovery Center shall be limited to seven (7) days a week from 12 pm to 1:30 pm, and from 7:30 pm to 9 pm, with one additional meeting on Wednesdays from 5:30 pm to 7 pm. The "Comedy Club" shall not extend beyond 10 pm. 5. That no portable signage shall be utilized to advertise any of the uses located on the site. 6. That no outdoor events shall be permitted. 7. That the only accessory school activity shall be Sunday school and this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. 8. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this to termination or modification pursuant to the provisions of Sections 18.60 of the Anaheim Municipal Code. That Suite No. 15 shall not be used for assembly purposes unless an application to amend the conditional use permit is submitted and approved by the Planning Commission. 10. That the following items observed at staff's physical inspection on October 14, 2004 shall be addressed within a period of sixty (60) days. The appropriate permits shall be obtained for any necessary work as follows: Fire Department Comments: Suites 1-5 • Provide address numbers 2230 on front of building. CFC Section 901.4.4 Suites 6-8 • Replace missing electrical cover plate by the back-up coffee pot. CFC Section 8504 -3- PC2004- Suites 13-16 • None ..:_ . Building Division Comments: General Comments: • The owner shall hire a .licensed architect to ~) Conduct a comprehensive facility investigation; 2) Prepare accurate "as-built" plans to reflect the existing tenant improvements and obtain permits for items indicated below; 3) Modify the plans in order to fully comply with the applicable codes; and 4) Submit new "Tenant Improvement" plans for permits and inspections. Suite No. 1-5 (Alcance VictoriaNictorv Church): Submit plans and obtain appropriate permits for the following: • Interior walls constructed without permits. • Opening in masonry wall on south side of the tenant space. • Upgrade restrooms, exit doors, and new counter top for handicap accessibility. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, sewer cleanout at the middle of pavement, etc.) require permits. Suite No. 6, 7, and 8 (OC Recovery Center /Thrift Storel: Submit plans and obtain appropriate permits for the following: • Interior walls constructed without permits. • Bearing walls dividing each suite were cut for opentng. Ceiling joist and beam size must be calculated & verified for proper structural supports between Suite No. 6 and 7. • Upgrade restrooms, exit doors, and new counter top for handicap accessibility. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, etc.) require permits. Suites No. 13 -16 (Minsterio Impactor Nuevo) Submit plans and obtain appropriate permits for the following: • Interior walls constructed without permits. (Kitchen, kid's room, main entry area, offices, etc.) • Bearing walls cut for opening between suites. • Upgrade restrooms, exit doors, and aisle widths in church assembly area for handicap accessibility. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, etc.) require permits. Site Items: • Demolish the storage at the west side yard (built without permit and would require a variance per the code). • Handicapped parking, landing area striping, and property signage shall be installed. -4- PC2004- Code Enforcement Comments: e Reduce the number of chairs in Victory Outreach (Units #1-5) to 49. o Obtain arcade permit far Units #6 -8 are the OC Recovery Center and Thrift Store. There is one jukebox in Unit #6 & 7, and Unit #8 has 7 amusement devices, 2 pool tables, and 1 jukebox. A check of City records (Tidemark) does not show that any fees are being assessed for the amusement devices. The fence at the rear, fronting on Colony Street, is not permitted due to the installation of chain link atop a 48" high block wall fence. The chain link is in disrepair at the NWC and in several places along the linear length. The chain link fence was installed sometime between April 1997 and October 1997, indicated by photographs taken during inspections conducted by Code Enforcement during 1997. When the chain link fence was installed, the caps of the block wall were removed and remnants of mortar remain, as do the exposed cells of the top :blocks. Remove the refuse and waste and outdoor storage behind many of the units. The premise numbers (2230) for the buildings are missing, and each unit needs to be properly identified by number. o Do not dump wastewater at the rear of the building facing Colony Street. It appears when cleaning the interior units; wastewater is being dumped out onto the rear pavement as evidenced by residue and etching of the asphalt. Such waste could possibly enter the public sidewalk and street. Obtain business license for the two businesses in Unit #9. BUS 2002-04302 (Nail Salon) expired November 15, 2003 and BUS 2002-04471 (Independent Hair Stylist) expired December 1, 2003. 11. That the following items must be addressed immediately if the businesses intend to continue operation. Fire Deaartment Comments: Suites 1-5 Obtain approval of occupancy change from the Building Division (before occupancy may exceed 49). a Provide two 2A106C fire extinguishers, serviced by a California State Licensed Company. Tdle 19 Aflame-retardant certificate must be provided for all drapes, or remove. CFC Section 1103.3.3.1 • Maintain proper amounts of Exit doors provided with panic hardware and they must swing outward. CFC Section 1207.1 and 1207.2 Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 m Remove tape from circuit breakers secured in the "On" position. CFC Section 8504. Remove all extension cords. CFC Section 8506.1 m Add panic hardware to gates outside must have panic hardware and swing outward. CFC Section 1208.2 and 1208.4 o Install illuminated exit signs, Suites 6-8 m Remove extension cord to back-up coffee pot. CFC Section 8506.1 Suites 13-16 o Obtain approval of occupancy change from the Building Division (before occupancy may exceed 49). -5- PC2004- • Aflame-retardant certificate must be provided for all drapes or remove. CFC Section 1103.3.3.1 • Service fire extinguisher in classroom area. Title 19 597.1 • Maintain proper amounts of Exit doors with panic hardware and doors must swing outward. CFC Section 1207.1 and 1207.2 • Remove all extension cords. CFC Section 8506.1 • Replace missing blanks in the electrical panels. CFC Section 8504 • Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 • Add panic hardware to gates and modify gates to swing outward. CFC Section 1208.2 and 1208.4 • Install illuminated exit signs. Building Division Comments: General Comments • The owner is required to hire a licensed architect to 1) Conduct a comprehensive facility investigation. A licensed architect must prepare the plans because they involve "Assembly" occupancies (potential of increased risk for fire related injuries). Suite No. 1-5 (Alcance VictoriaNictorv Church): • Unlock gate at west side for access to the public sidewalk (gate within the 4'-6" block wall was locked). • Change of Occupancy from B to A3 is required if occupancy exceeds 49. Suite No. 6. 7, and 8 tOC Recovery Center /Thrift Store): • Unlock gate at west side for access to the public sidewalk (gate within the 4'-6" block wall was locked). • Change of Occupancy from B to A3 is required if occupancy exceeds 49. Suites No. 13 -16 (Minsterio Impactor Nuevo) • Remove the row seating that blocks exits on east side of the tenant space. • Change of Occupancy from B to A3 is required if occupancy exceeds 49. Code Enforcement Comments: Repair the asphalt at the rear which contains deep crevices and holes. This presents a potential hazard of tripping or falling to persons walking in the area. This condition is most apparent between Units # 2 & 3 and Units #13-16. Repair the two exterior lights at the rear exits (Units #7 & 8). One of the lights is hanging from its wires. The other light is missing and the electrical connection is open and exposed to the elements. Re 12. That the maximum occupancy of any assembly use shall be limited to 49 persons until such time that plans are submitted to the Building Division and Fire Department for review and approval. Upon such approval, the occupancy may be increased for each of the assembly use to the number of patrons/ congregants identified in the parking study. Commercial Retail Center 13. That there shall be no outdoor storage on site at any time; and that the existing outdoors.storage located to the rear (west) of the retail center shall be removed. -6- PC2004- 14. That no convenience markets and/or retail sales of alcoholic beverages shall be permitted unless a separate conditional use permit is approved by the Planning Commission. 15. That no video, electronic or other amusement devices shall be permitted on the premises, unless an application is submitted and granted by the Business License Division. 16. That all public phones shall be located inside the building. 17. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional tiins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 18. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 19. That no roof-mounted balloons or other inflatable devices shall be permitted on the property. 20. That no outdoor vending machines shall be permitted on the property. 21. That 4-foot-high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 22. That roof-mounted equipment shall be screened from view in accordance with the requirements of Anaheim Municipal Cade Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. Said information shall be specifically shown on plans submitted for building permits. 23. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 24. That the number of tenant spaces for this commercial center shall be sixteen (16). Said information shall be specifically shown on plans submitted for building permits. 25. That final landscape plans shall be submitted to the Zoning Division of the Planning Department for review and approval including the following: Plans shall reflect the incorporation of two (2) twenty-four inch box evergreen trees within the existing landscaped setback area adjacent to Colchester Drive. a Plans shall reflect the incorporation of two (2) twenty-four inch box evergreen trees within the existing landscaped planters within the parking lot (one tree within each landscaped finger)..: Any decision made by staff regarding said final landscape plans may be appealed to the Planning Commission as a "Reports and Recommendations" item. 26. That the property owner shall remove the combination block wall and chain link fence along the entire frontage of Colony Street and install a minimum five-foot wide planter area along the entire length of the property frontage along Colony Street. Said planter shall be maintained with minimum of sixteen (16) twenty-four inch box evergreen trees or minimum 5-10 foot brown truck (BTH) palm trees and associated groundcover, shrubs or turt. Said planter shall contain permanent irrigation facilities in compliance with code. 27. That all trash, refuse, discarded furniture and other items stored at the rear of the building (fronting Colony Street), shall be removed and at no such time shall this area be utilized for storage of any such items. -7- PC2004- 28. That no required parking area should be fenced in or otherwise enclosed for outdoor storage uses. 29. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 3649 (to permit a 2,609 square foot church within an existing commercial retail center with waiver of minimum number of parking spaces). 30. That the property owner shall pay the costs of Code Enforcement of quarterly inspections from the date of this resolution, and as often as necessary thereafter until the subject property is brought into compliance, or as deemed necessary by the City's Code Enforcement Division to gain and/or maintain compliance with State and local statutes, ordinances, laws or regulations. 31. That the property owner shall file an Emergency Listing Card; Form APD-281, with the Police Department, available at the Police Department front counter. 32. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, 2, 3 and 4 and as conditioned herein. 33. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 9, 13, 18, 21, 22, 24, 25, 26, 29, 31 and 32, .above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 34. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -8- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANCY: COMMISSIONERS: 2004. IN WITNESS WHEREOF, I havehereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -9- PC2004- RH-1 '~ SP1 DU EACH03 '9q~ ~~~ RH-3 ~lp~~ ,Q4 .... -. RGL 67-68-07 (4) ~~Q QG RCL 65-66-51 VAR 1745 yp~ 1 DU EACH RH-3 (SC) GPI ~\ - 1 DU EACH VAR IDU O `N P~ m9w CHURCH HAVEN GU \ RH-3 _ g T :L 667-66-07 (1) SGIT TJ VAR 1645 ~ P ~ ?O iVCU EACH L 85 ~~G q m z RC 67 6 07 (2) ~O ~ p CUP 2004.04916 ~ ~ ° CUP 3146 P ?. Qm CUP 2615 ~ r r U ' CUP 2297 ,~G Z' -~~ ~ CUP 666 CHURCH, P ~ \ z RH-3 1 DU EACI NOHL REQUEST TO PERMIT AN ADDITION TO AN EXISTING CHURCH AND PRIVATE SCHOOL AND TO AMEND A CONDITION OF APPROVAL PERTAINING TO THE MAXIMUM NUMBER OF STUDENTS WITH WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT (B) MINIMUM NUMBER OF PARKING SPACES 4101 Nohl Ranch Road -Trinity Lutheran Church 1ss2 _._ ITEM N0. 5 5a. _ 5b. __5c._; '(4) This item was continued from the November 1(and November 15, 2004, Commission meetings in order for the petitioner Yo submit a Water Quality Management Plan to the Public Works Department. i PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 3146 (to permit an addition to an'existing church with waiver of minimum number of parking spaces [341 required; 21 provided] and maximum structural height) was approved by the Planning Commission: on April 10, 1989. (b) ;Conditional Use Permit No. 2615 (to permit atwo-story classroom building addition to an existing church facility with a maximum enrollmen$of 215 students and`waiver of minimum' number of parking spaces) was approved by the Planning Commission'on September 5, 1984: (c) Conditional Use Permit No. 2297 (to permit a library addition'to an existing church facility) was approved by the Planning Commission on February 8, 1982. (d) Conditional Use Permit No. 658 (to establish a church and Christian educational facility) was approved by the Planning Commission on December 7;.1964. sr8826av Page 1 Code-Required Code-Required- Direction 'Proposed Buildingl Building':. Landscaped Landsca'eSetback Setback: Setback North (adjacenEto 140 feet to building Church Haven. Way) $-15 feet ofrlandsca in 9 feet none 15 feet. to building 3 East; (adjacent to 15 feet of landscaping 15 feet ' 15 feet residential area):: South (adjacenEto 15 feet td building Nohl:Ranch Road) 15 feet of landsca io 9 feet = none West (adjacent o 120 feet o building;: Nohl'Canyon Road) 10`-120 feet of landsca in 20 feet none (8) The site plan indicates the children's playground areas would be located within the parking lot and between the school offices and classrooms. State law requires 75"square feet of outdoor play area per child and 35 square feet of indoor play area per child, Plans indicate compliance with this'~equirement. Page 2 (9) Theiflcor plans for foot+addition td'the would be demolisF uses are summari: Net increase in Existin Condition Pro osed'Construction 4 s uare footage 477 seat sanctuary and astor'stoffices None 0 2,115 sq. ft.`church and 2;932 sq. fti'fellowship hall, school offices 4;202 sq. ft,kitchen, church 5,019 to be demolished offices and activit rooms 8,31:4 square feet of school `26,634 square fooYsdhool buildings building 22;623 (to be demolished) 4;303 square foot daycare buildin 10,429 38,071 27,642 ', (10) Vehicular access t Road. Plans Indic on the following: quare Feet (s.fE), Use Fixed Seats, Staff Code Parking Requirement Parking and Classrooms Re wired Classrooms 17 classrooms 1 space per classroom plus 1 space 55 38 staff members 'per non-office employee School offices 3143 s.f. 4 spaces per 1,000 s.f. /GFA 12,g Church offices and 4647 s.f. 4 spaces per 1,000 s.f. /GFA ig,g actlvlt rdoms 29;spaces per 1,000 s.f. ofassembly Church (assembly 477 fixed seats' area or 0.333 space per fined seat 158:8 area) whicheveris greater 29spaces per1,000 s.f. of assembly Fellowship HaII 2,932 s.f. area or 0.333 space per fined seat 0 whichever is reate~ 0:02'space perperson for maximum '+ Kitchen 360 s.f, occupancy 3 TOTAL 248' (11) The elevation plans (Exhibit Nos, 6 and 7) indicate a maximum height of 29 feet for the proposed expansion. The Scenic Corridor (SC) Overlay; permits a maximum height of 25 feet. The plans also'indicate painted cement plastef walls and a shingle`roof to match the existing structures. (12) The conceptual landscape plan (Exhibit No. 8) indicates several trees, shrubs, groundcover and vines to tie planted throughout3he expansion area.lStaff inspections have confirmed that the existing Iandscaping'on the west side of the property;is well maintained and the proposed Page 3 S Staff Report to the Planning Commission December 13;2004 Item No. 5 landscaping is in compliance`with Code: As a recommended condition of approval, the ' petitioner would be required o submit final detailed landscape and irrigation plans for staff ' review. '? (13) No new signs are proposed but staff is recommending a condition of approval that any future sign plans be submitted to the Planning Services. Division for review and approval. (14) The petitioner has'submitted the attached letter of operation'for the church and school indicating the proposed additions are needed to provide additional space for office employees ` and church related: gatherings. The new classroom building: is intended to provide a i modernized classroom environment for he existing students and additional space for new enrollment. The petitioner is requesting to increase the maximum enrollment aapreviously conditioned, (Conditional Use Permit No. 2615) from 215 students to 340 students. The school building would also accommodate a new library, multi-purpose rooms, study halls, computer labs, and administrative offices. The new day care building would replace the current pre-school by providing four classrooms, for a total of 48 pre-school aged children. i ENVIRONMENTAL IMPACT ANALYSIS: (15) Staff has reviewed the proposal and the Initial Study for the'proposed church antl school addition `in an existing religious assembly facility (copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends thaYa Negative Declaration be approved upon; a finding by the Planning Commission that the Negative Declaration reflects the independent jutlgment of fhe lead agency;'and that ithas considered the proposed Negative Declaration{together with any comments received during the public review process and further finding on the basis of the' Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. EVALUATION: (16) Churches and private schools are permitted within the RH-3 (SC) zone subject to the approval of a contlitional use permit. Staff feels that the design of the`proposed`project and operation of the use as conditioned would be compatible with"the surrounding residential uses. Because the project would be in close proximity to asingle-family residential neighborhood, staff has included specific conditions of approval pertaining to site landscaping,i fighting, property maintenance, operation and'prohibiting use of outdoor loudspeakers. 'As conditioned, staff: believes that the proposed church and'private school expansion would not adversely affecf the i adjacent residential properties. (17) The petitioner has indicated that due to, the operational needs of the existing church and school, it is anticipated thatthe proposed construction would occur in phases. Phase 1 would include'the additidn to the church and he north school building and reconflguratibn of the parking area. Phase 2 would include the construction of the south scftool building and day:. care center. (18} Waiver (a) pertains to maximum structural height;: Code permits a maximum structural height of 25 feet within the Scenic Corridor for this zonel Elevation plans indicate a29-foot high, 2- story classroom building. The attached Statement of Justification for Code Waiver indicates that the`residences that are closest to the churcfi!property would npt tie negatively impacted since they are located upslope from the property:.. Staff has reviewetl the requested waiver: and feels that because the elevation of the property is substantially lower than the residential area to the east, a pecial circumstance exists for this property whereby the requested waiver would not create the impact the code was intended to prevent. Therefore, staff recommends that this waiver be approved: Page 4 {a) ;' That the waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for such use than the numbeCOf such spaces necessary to accommodate alf vehicles attributable to such use under the normal: and reasonably `foreseeable conditions of operation of such use; and Page 5 :'. t .... (c) That the size and? development of the the health and safe Staff Report to the Planning Commission December'13, 2004 'Item No. 5 (d) j That the traffic generated by the proposed use will`not impose an undue burden upon ' the streets and highways designed and'mproved to carry ttie traffic in the area; and (e) !That the granting of the conditional use permit under the conditions imposed, if any, wil not be detrimental to the health and safety of the'citizens of the City ofAnaheim. >RECOMMENDATION: (23) Staff recommends that, unless additional or contrary information is received tluring the meeting, and based upon the evidence submitted to the Planning'Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission approve the petitioner's request by adopting the attached resolution including the findings and conditions contained therein. Page 7 [DRAFT] RESOLUTION NO. PC2004--* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04916 BE GRANTED (4101 NOHL RANCH ROAD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition far Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 29 TRACT 5499, AS PER MAP RECORDED IN BOOK 201 PAGES 46 AND 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 1, 2004, at 2:30 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 from the November 1 and November 15, 2004, Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing., does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.0402 to wit: to permit an addition to an existing church and private school and to amend a condition of approval pertaining to the maximum number of students with waivers of the following: (a) SECTION NO. 18.18.060.010 - Maximum structural heioht 25 feet permitted; 29 feet proposed) (b) SECTION NO. 18.42.040.010 - Minimum number of oarkino spaces 248 required; 175 proposed and recommended by the City Traffic and Transportation Manager) 2. That the property is currently developed with a church and private school, is zoned RH-3 (SC) and that said zoning permits religious assembly and private schools subject to approval of a conditional use permit; and that the Anaheim General .Plan Land Use Element Map designates the site for Low Density Residential land uses. 3. That waiver (a), maximum structural height, is hereby approved because the project site's topography varies near the location of the proposed addition which restricts the developable area; and that the residential neighborhood within the immediate area would not be negatively impacted since the proposed buildings would be constructed at an elevation substantially lower than the adjacent residences. 4. That waiver (b), minimum number of parking spaces, is hereby approved because the waiver will not, under the conditions imposed and based on the conclusions contained in the parking study submitted by the petitioner, cause fewer off-street parking spaces to be available for the church and other on-site activities provided the church adheres to the assumptions contained in the parking study because the study indicates that the peak parking demand for off-street parking spaces would be accommodated by the number of available on-site spaces for the church and private school. _ 5. That waiver (b) will not, under the conditions imposed, increase the demand and competition for parking spaces on the public streets and adjacent private properties in the immediate vicinity of the proposed use because the project parking lot has adequate parking to accommodate the peak parking Cr\PC2004-0 -1- PC2004- demands of the church and school; that the parking lot would be physically separated from adjacent properties; and, further, there is no reason to encroach into other parking facilities because the parking lot would provide ample parking as indicated in the parking study. 6. That waiver (b), under the conditions imposed, would not increase traffic congestion within the off-street parking areas or lots provided for such use. 7. That the parking waiver (b) will not, under the conditions imposed, impede vehicular ingress to or egress from adjacent properties upon the putilic streets in the immediate vicinity of the proposed use because the project site is physically separated from adjacent private properties. 8. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety. 10. 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. 11. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 12. That *** indicated their presence at said public hearing In opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to permit an addition to an existing church and private school and to amend a condition of approval pertaining to the maximum number of students with waivers of: (a) maximum structural height, and (b) 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 Planning Commission does hereby grant subject Petition for Conditional Use Permit, and incorporates the conditions of approval contained in Resolution No. 89-110 and any new 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: That a final landscape plan for the entire site, specifying type, size ahd location of proposed landscaping, irrigation and fencing, shall be submitted to the Planning Services Division for review and approval. Any decision made by the Planning Services Division may be appealed to the Planning Commission as a 'Reports and Recommendations' item. Said information shall be specifically shown on the plans submitted far building permits. 2. That outdoor special events shall be subject to review and approval by Planning Services Division staff and shall be conducted in a manner that will not adversely affect the adjoining residential land uses and the use of outdoor Ipudspeakers shall not be permitted. Any decision made by the Planning Services Division regarding such an event may be appealed to the Planning Commission as a'Reports and Recommendations' item. 3. That the total maximum enrollment for the private school (Kindergarten to 81h Grade) shall be 340 students. The maximum enrollment of the pre-school shall be 48 students. -2- PC2004- 4. That no portable signs shall be utilized to advertise the church. 5. That any additional signs shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 6. 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. 7. That at no time shall there be any outdoor storage on the site. 8. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. No compact parking stalls shall be permitted. 10. 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 review and approval by the City Traffic and Transportation Manager. 11. That if required to provide electrical service to the property, the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 12. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 13. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets, or highways or adjacent or nearby properties. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 14. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 15. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on the plans submitted for building permits. 16. That the water backflow equipment shall be above ground and located outside the required street setback area, and fully screened from all public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside the required street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted to the Water Engineering and Cross Connection Inspector for review and approval. -3- PC2004- 17. That the developer/owner shall submit a set of improvement plans to the Public Utilities Water Engineering Division for review and approval to determine the conditions necessary for providing water service to the project. 18. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate City departments. 19. That prior to submittal of the water improvement plans, the developer/owner shall submit a water system master plan, including a hydraulic distribution network analysis, to the Public Utilities Water Engineering Division for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 20. That prior to application for water meters or fire lines or submitting the water improvement plans for approval, the developer/owner shall submit an estimate of the maximum fire flow rate and the average day, maximum day and peak hour water demands for this project to the Public Utilities Department, Water Engineering Division. This information will be used to determine the adequacy of the existing water system to provide for the estimated water demands. Any off-site water system improvements required to serve the project shall be installed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 21. That because this project has landscaping areas exceeding two thousand five hundred (2,500) square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 (Landscape Water EfFlciency) of Anaheim Municipal Code and Ordinance No. 5349. Said information shall be specifically shown on the plans submitted for building permits. 22. That the church sanctuary and the fellowship hall shall not be used simultaneously for assembly use. 23. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 8, and as conditioned herein. 24. 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, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 above-mentioned., shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) of the Anaheim Municipal Code. 25. That prior to final building and zoning inspections, Condition No. 23, above mentioned shall be complied with. 26. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. _ BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or -4- PC2004- prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be'replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 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 PLANNING COMMISSION -5- PC2004- ATTACHMENT -ITEM N0. 5 FETITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAVER (NOT REQUIItED FOR PARKING WAVER) SECTION 4 REQUEST FOR WAVER OF CODE SECTION: ~~ ~ C74- . O~ O . ~ _ (A separate statement is required for each Code waiver) PERTAINING TO: 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 Adminishator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. Thal, 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 regazding the property for which a variance is sought, fully and as completely as possible.. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings?Yes _No. If your answer is "Yes," descnbe the special circumstances: - ~~ A~-~-rl-f.~~ 2. Are the special circumstances that apply to.the property different from other properties in the vicinity which aze in the same zone as your property? ,~ Yes _ No If your answer is "yes," describe how the property is different: _ S~ ,0 ~'~~ t°Fff'r3~ 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 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 nototherwi k expressly auth rized by zone regulations governing subject property. Use variances are not permitted. 9 ~.3~~ Y ~~nahue of P perty O. ter or Authorized Asent Date CONDIT[p\AL USE PERMITNARIANCE NO. DECF:MmER 12, 2000 Attachment To Petitioner's Statement of Justification for Variance /Code Waiver: Trinity Lutheran Church CUP / 4101 East Nohl Ranch Rd. _.. ._.. -->Pertaining to Building Height Waiver 1. The property is sloping at the southwest corner, and the proposeddesign takes advantage of this fact to mitigate the impact of the proposed structure's height. The adjacent residences to the east of the project would be most impacted by the proposed code waiver. Due to the sloping topography, and the fact that these residences are located upslope from the proposed project, the impact of the proposed waiver will be relatively minimal. The South School Building which is closest to these neighboring properties to the east will be built into the slope at this end of the site; the height of the building measured from proposed grade on the west side of the building (facing the residences to the east) will be approximately 19 feet. In addition, due to slope of the site, the rear yards and ground floors of these adjacent houses to the east will be ABOVE the ridge line of the proposed building. The existing church building on site is constructed to a height of 30 feet. The proposed height of 29-ft. for the new school buildings is less than the existing height of the church building. 2. The nature and requirements for constructing a 2-story school building make the design of the building of less than 25 foot height inherently difficult. The applicant has opted to propose a design that employs sloping shingled roofs, which is in character with the neighborhood. This further complicates the difficulty of adhering to the 25 foot height limit. Opting to build 2-stories isadvantageousin the fact that it allows for the maintenance of more open space and landscaping on site. 3. The surrounding properties are able to build to 2 stories. Due to the unique requirements of the school building and the advantageous topography, we feel the request to waive the height limit and allow for the construction of a 2-story structure with sloping shingle roofs is in keeping with the intended nature and character of the surrounding neighborhood. ATTACHMENT -ITEM N0. 5 ;. .. ,- d ' '~'~HESOLOTIOH NO~. ~'PCB9-110 -,. ,.,. : •-~~ _., `' `?~" A;,BESOLUTION,OF: THE :ANAHEIM CITY,.PLAHNINC•COMMZSSION. '.. .':~ ~ ~•'~~:~<.~ ~~ . . " r's.' ~, :THAT PETITION'FOR-CONDITIONALt;HSE ,PERMIT N0:~~3146 HE'.GHAi7TED;'ZN ~PAHT.. :'•: ~~`i'~~~: '~" HHEREAS, ahe, Anaheim, City'Planniag Coaodissaoa did receive ,a r' -`derifiefl~~Pe titioa:forc Coaditioaal ~Uee•"P®zmiG:from T82NITY: LUTHEHANrCHO'BCH; ;'>`.;... ;~.~ ' ', `4101;;ES~~~Nohl ~Ranch~HOad;.ASiaheim;'~CA~~92H07;,ovaer>~,aad :GOODMAN ~CHDSCH ., :; .,:-: ~,~. :.: ~i'', ~:'HUILDE85,;3535. W. Commoavealth~AJenuej-~Ste J..204;'FullerEou,~i CA`82633,:ageuC; ~ ' .~;_::,,~_;~;for.,oerEaia real .propertp,~sitvated.'isi tha.City of'~A'aatieim,.Cousitp~of 6range._•°. State of Califozaia,: deaeriHed as ~ ~ ~' ~~•TIiAT PORTION; OF ~TBE~LAND .ALLOTTED'TO THE BEIHS .OF. ~~'~~, •:~ ~ ' ' LEANDHO SEHBANO?'IH.: SECTION~9;:TOWNSHIP .4 SDSTIH '!~ ' ••~'HAHGE %9•WEST, IN THE+'CITY OF: ANAHEIM,~'COUHI7C :OF ' r ~ ~~. •"'~~~~ OAJU7GE,'`STATE;OF'CALIFDHHIA,~~AS 'SHOWN ON SBE~MAP 'OF. ~ ... ,' `>PARTITION .DF~~THE ~HANCHO~SANTIAGO ~DE: SANTA AHA;',~`~~ ''~~~ ~' ' a:, .: "' . :.. ~:, . ~ RECORDED' IN:' BOOR I ^B"': OF JUDGMENTS' OF 'THE 17th: ;i :. ; y.. , .; ~': ` .,. ~ <' : , ' .4 ~`iv ~;?: ~JUDICI•AL''DISTSICT'CODBT°; OF,CALIFORNIA,"DESCEIHED:.AS'..':~~''-•.~-"'~:. ~"i'!~~ ~~~;' ;~.~ FOLLOHSs ~ . ,. ,:: ~: ~~; BEGINNING SAT, THE SOUTHERLY 2ERMINUS'OF, THAT {BHTAINt '~"'!' ~' ' ~;'. t: ~." : ~. '' ~.:COi1RSE • IN~,THE,'EASTERLY.: BODNDABY';OF, TRACT NO.r549Q; AS:Y.: `; ,'., ''..,. ~ ~'..~~~ .. ' ~ S 3 : .~; SHOWN~,ON.'A HAP'.RECORDED:~IN MOOR 201 PAGES X46 .AND'47::~.':! v .....::, , ..',: , :. . '~'OF. NISCELLANEOOS..MAP&,!IN;THE':OFFICE"OF,.•THE~COUHTY;'' `' ~~~:i 7.. ~.''' ~»a: . ' : ~ .. ~ .: ' :' '-< .: ::• ::RECOHOER..OF ":SAID` ORANGE"COONTY.: > SHOWN:, THEREON'.AS j ::: `i >:::; ~ ... .. , :. i:.' . : .:,: ~HAVING•'71 HEARINGp:OF •NO@TH 2, DEG. "25"~35" "EAST ;AND A' ~~; ~~ ' , . LENGTti`OF' 206: B4 FEET j'."THENCE, ALONG, SAID ,EASTERLY ^.>' `'_ . " ' ' •, ,.••: .: , :. .. ... HOi7NDARY~NO~RTH~2'~DEG.'•25 `..: .206.84 ;FEET: ^.0:~. ~. rt:~~, , •; : `~:..~: ~-"° ~ ~::TBENCENOBTH~~S~: DEG.;'3T''35"•EAST::11298`PEET, TO .THE`."::-~%'J"'! `~~t:~r~;i r' "i,'1.: ::.~}• ''BEGIANING.'OF.:A.TANGENT; CORVE; THEREIN: SHOWN `AS ~HEING",~'~;;' ~^~+ :: ~.: ^ :.:: ~: ~ :: • ~:.~:.:'::; ..CONCAVE `: TO,. THE i WEST ;AND •,HAVING`%A ~:HADIDS:~ OF..309:68. ;.,; '. ~; -,::.;": ~':: : ~:', 9 - ~ .`:.;'= . :::.:~',;•;,'y'~;".:~:'..~••,'~?i~FEETi}THENCE; NOBTHERLY~ALONG'SAID'.CURVB.`:50'.,OB.; FEET,'A<;S[t:1 :: '. `~.' :' y.M1 •.: ~~:.~,.:~;'~~~~'~8ADIAL'~TO`SAID•POIHT 8EA85 ~NOHTH:B6''DEG:.:22.'',00"~''; ,`';`,;;:.'~'l:: `: ~".!!~• , '. if.:~:.:., ., ., :. i . .. ~ ., ~. SLi .' ' ,..; ... ~'. EABT~ •THENCE~N08TH'Bfi. DEG: ~22!: 00».:167•:62•:PCET';TO T8E°-. `, ~i' .:j a.. y': ~:; ;;',,: '. - " ,~,~~ " ;~. BEGINNING~OF ~A~TANGENT;CURVE,°CONCAVE ~TO LTHEiNO8T8 ''P , '`' ~'.r ! .' ' ~: AND'HAVING A~.HADIUS yA;~,300.00 FEET7, „TBENC£.EASTERLY, .; .: .. •• j ... .. .. +; "4~r ~'','~';. ; i'+;'j ALONG SAID~CDHtIE,113.62;FEETi{THENCE, TAHGENTi TOM1EAID. +.~::.'';.": :;:; .'1 :. j' i::i .r •„!~: i "`~~ `:.: i ~; >5'i ~ CIJHVE •NO8T8 ^ 64 j DEG..`90;' r DO'! ' EAST..9137.: PSET7 i.T1~NCE_ S .. ~ i `~.; :::' .c °r'.:;:: a.j':: ^. ~~~• ~i. ~SOtITH'25;DEG~20!•00"EAST :26:00 ~FEETi ;THEDTCE~SOUTH 1 ~~'' t'~,, i;. 1 .. 1 ?:. ~~ i.. ;~22`DEG.`, ~30' 00"EAST ~140~.00 FEETS~THENCE ;SOIIT@.150 ,: .. '' .:. '' '":,i• ;:; :. '.r~,..~ ~ : DEG'''5D":'12";;'EAST'?160.60 :FEETt'TBENCE'. SOOTH'~2TDEG:, :'','* .~.,-.:.,.~.~"..:~ 1 :.~: ~'~i° ~ ~ 11' '30~'~00".WEST 123':OO~FEET~i TBENCE~iSOUTHJI DEG.`29' 24'i"~ s a ? :c''<. •: ".i':.:~.~:!.;. ~!.'; ~''WEST97.00',;FEET~TO,THE:: INTERSECTION WITH'K'LINE>~.",.•:,:~.•. •t `1'^i1 ... ..> .... ~ .'.. a. ,t. ,.. .,... I.. ,. ~~I :'~ ~ '~!j':'~HAVINB:AHE7IRING!'OF'SOIITH `.BH':DEG: '30?,36•'EAST:AND';.:.+:',~":, "i,e~:•s~:ki `. .t ., ,... ;.1 ..: '~.: WHICH. PASSES TRROUGB .TBE ~POIHT, OF ~SEGINNIHGt.7.THENCE •:+~.;';.:~:.~'. . ; , ' ' ' ~' " 1'NO@TH 8H' DEG,., 30'': ;d36"`: WEST. 530:00~~:£EET ; TO ;TBE,, POINT::' ., .; `'s ~ ' ii"1• `i, r~lf ~,i~~~ ~OF BEGINNING.: !~'. '.t °•f. ;; .; ,E~: ~:. ... :. ".. .~ ; ... .. ., : Vii, it i .i. u' ~ri~ ~ ~ x.7.4 ~; 9:i ..i~. ;~~' .. j'' ~~~ :i'!`OH36rt .', - .t~~~ ''~'t -1=~.~" •PC59=~•.1~ `i~ .. ~. .. .. s ~ ~ V ~'} , ,~'' ~ COND USE PERMIT NO ~~~ i ~ 1, t : ~ , . ~~ ,. 1 1 r 't v 1 1 1 1 i 1' , t' .. d .~. , .. . . _. ... .: S ~ -_ .. -- f...,- .., _;:'~HHE8EA5: the:City,Plaaaiag Lomniissioa,did hold a puDlze ~hearaq at `«~'~~' the. Civic Center in ~the~City of; Anaheim'_od.'Apr3110;'~1989,:aG1 30 p.ni{, '. - notiee~of. naid'publlc~Learing. having b`eea.duly+givea as ragui'red by lnv and 3n~^~ ''~'. accordance;with". the ~provisiaas:.a£.`ttie. AaeheuglMUaicip'a1;Code: Chapter18.D3, ;'. :. .: to bear. and coasider;~evideace,fo'r. cad agaiast.said~propoaed. coaditioaaT•use '.;~ -. permit and ~to; investigate ;and:make"'fiadings,.aad,recoacneadations in%.coaneetioa i;.;' .~:: therevithi aad..said ,public heaziag vu's ;continued to',the.meetirig.gE.•Apiil'~24;.: ~;.:. ~.. •1 19897 end. _,~ _ _ ' .'7 : '.. '. .: . r ~i ' . ~•. WHE8EA5,~9aid Commission .after. ~dee iaspectaoa,~, 3avestigatioa. and .,~+, `t , .:._ .. ~.,,.,.;,,,.,stvdp,ioade .by: itsalE~aad 3a'~its ~behal£;. aad•. after `duo',considerahiop ,o£ a11.:~. T;, ~:~~ ^~ evidence and~~reporta, of£exed, at'`said~hearing ,does £irid ~aad~.detezniine ,The ' - ~£ol2oviag facts: ~' ' ~. ' tc 1 That the apetit3onez requests;~approval•'oE~a'Cariditional.Use ~''~~' 'e`-:.~Permitftuader aetbority'q£ Code°86ctioa 18~.24.060.030:;ho ;permit .~a 9;925 sq.ft., ~-'~~. :.:• ~~additiou to ~a$~esistiag'cherc6 faeility:~ritti"vniver.df 'the~£ollaviugc ,._ ~~(- (A) fiECTI085': 18:06':050:0266 .Minimum 'aianber of parkiaa~snhces , _'`; , •; `18:06.080 .($gy'requiredi..2~,psoposed)~, ' and 1B 24 066.010 •i "~; ~ " i i...'~.i. .tar,': ~ ~~(H) :: $,$CTION+18.84:042:011"^~,.,'- j'Mazimum"strvetural SeiahtC;; : •:';~, ~.: .,-;.•-,~;~4.• ::5! , (25 feet~permitt®d; '~ feet proposed] „ }.; ~ ~~ 2, ~~Thet the requested waiver ~(a)~is 'herabp:gcaated'oa. the basis that'the parking pnige-"vi1l~;rioC cause~aaiacrease:ia tiaEEic~noagastioa in'"'+~ •: #:'. •` the~~imme,,diate'viciaity!'sar';pdversely ~q£fect, any; 6djoaiog"land .usaa:'eiidi'rp"~~, '•jy: '•~ -~~; granting of the parking waiver`under.the;coadztioaa:;impoaed; iE'~nay; x311 not ~. ~.~~~ be'detrimental to'the'peeee, health, safety.aad geaerdl~pelEa=e of"the~~~., t~~~' • -~~'~~ citizeae'ofr,t}ie Ci[y of Anaheim - " ~S ^~i:~. ;):_.i.[ •.. '., .. i .~i ..; .'i .. :.. i, C.a .j e ' , .i, Vie, - ~~, '; 3: 'Thetitlieireguested-waiver.,°(b).:i®•~Lerebp,granted;".ip':part;`~to' ~~ermit~n:maximum'"atrrictural:`•hei ht~of~;£hir , ~~~)'`•'i`^'I' -;,~ P.. ... ... .9, _ty;.(30Y£eeE;foi..tLe.propased~ .'::..f.;,,,,.a, a.;senctuarybuildiag:oa tLe'basis'that;ehere•are.ageci`al e).reuaiataaces , .,} applzeable:Eo,~the;propertp''such; es .aiae;~`ahape;tapcgrapby Toeationand,r ,`", ;.~~ -i ;~ ~);:`1~~ aurrouadin s~'vhich!do aoC' a ~1~"'Go' oEhee ~ idaaticall zoa®d' so ar ~:3., "•_. ..: ,, ..,. .q .,. PP Y. .. ..: Y;. P.;P ty':aa,.the,:;';-'y:;, ~!i.;.: i,•.< < ; ,.came .,vicinityt,aad':.tbat«'etrict ~applieatioa<oE; the,'2oairig~,COdej daprivai th® `;......; .i~ ~pcoperty o£~:privileges~.,~erijoped: by2other,. proparties'in the ;ideatical~~aone nad 'etlesai£1eaEion ~ia(the :y~cinity: `~'v •.E: a' ")'~' .;~; ~~~'~,, . ~~ ,I~ni ~~.,: ~;i;'~,i i'¢: ~'.TLat-,Lhe proposed vee~•gi,ll .riot adversely„a£fect~ the .adjoining i~?.~~j ~,i •d r laad:uses and the growth anddevelopmeat o£ t_hs;~srea ia~nhicgit'asp;oposed,i'q:i;' . to. he .located. ~ '; ' .(' ,~ ;.A=~~; ~~•i 5:`?.Thee 't1ie~•siae':nad~•eLa ~ei~oE~itlie.~eite.~ ro•~oeed 'for.the na•e:: is $~'.• '•'-•}=• ''' ~~ •_ ~' ~% ~edequate,+ to' ®llov t t)ie 'Foil ~development•, of ~ttlie' proposed =use ~ia ~ e ~maa$ari?aot ; tr ` ~~~ °« :. ;' ._~ ~~', .~~ de triaieatal to; the particular: area'aor~to"the peace,; health; aaEetp,.end; tr i~.'~, ~: :;: :general~vel£are::o~~the;Cltiaeas)oE•the~Cty,o£.'ASaheim:' :" `; i.: ." i, , , :: :: ;i ; '~;:, ~i :; :';6 r ~! That'the ~ proposed ~u;e;1 °ae :'granted; `mill ,riot'°.$dveraely; .aEPeet, the ~, ,':, . • :I~E ; }aad3oin3aq"land?uaes~aad tlie,groirt)i and,;dsvelopmeutof'.the ~erea is vhichat is '.. iF;l proposed to be located i ~~ ; ~ - ,i. ~ ;; , , ~ ' , ' - 2 , ) pC89 110 , I,. I .~ i t rt f 2 ), 1' ~. .. to ~ . ~ • .. . " .. a ~ . ... ~ ,. . '! , 1 " , ~) _ .. .. 7 ,: That the ~aize assd'~shape of;the site, proposad.fot the. use, as '~ .. . . - `~ granGgd, ' is adequate ~.to : allay the ;full,'develapmeabt af'the "proposed' nse ~ ia~ a, ° ~~ •,i ,`. ~ ~, .~._,":: "~manner`aot ~detrimerital:ao the'; partipular area nor •to'tbe`~peaee 'health safety "~~~•-''and geneial. relfare of the Citizens'of;the City pf`7lnabeam.,,•'~ '' ~ 8.`'.That tbe•graatiag ~'of the Conditianal~'Ose Permit under"the " `; -: •eon'di'tions ;imposed,.. if„any,:,vill:nat,bn.:detrimental...to theipeyee;:.healthy:" .~''~. ;;safe :iaad eaeral velfaie 'of`, the ~Citiz®as~-of the 'Ci '•'1 '~ ty .g. tYaof.Aasheim~;r•'~~•1 ,~ ... ., ~- , 9~, i3het ;three (3) people indicated their presence ant said public,-~ '~i 'heaxiaq is oppositiont?and thatno eoireapondance:`vas 'received iu oppositiaa.`'~ ,,:i., ....:;. `..... :.. ,; ;. .to she aub~ect'petitioa 't '. :'z" CALIFORNIA E}OIIRONMENTAL ODALTTY ACT FINDIFG ,That the Anaheim.'City - ':; ~". Plaaannq Ca~i.asioa has .reviewed the proposal to•p®rmat x.9.925 sq., Et ,", "- addition ~to 'aa~'esisting thatch' facility'vith .waivers 'of, niiaimuni 'aomlier of ~, perkiugs spaces"aid, maximum ~struttnral'height oa a;irregularly-draped parcel ~` -~: .of. laad.;consisting 'of ~app,rogimatelg:4 acres aoceEed;`aGitbe.;aorthea'st`corner'of'k?~':.~;'; `".o; ,.,Fohl•`Sasseh`.&oad'~aad Fohl Canyon=Hoed- arid,: ~Ensther., described .as 410C''East FohL ,~. .~:;ry8aach'Road.~(Triaity Luttieraa:Church)t~~aad~doas.h'eEebp!appiove ~the~Hegeiti6e ~:7 'L,''~";. .=:DecIai:atioa;vpoa"finding,that.it.has':coasid'ered the;;Hegetive•Deelaratioaf:'=~`~-'`~-~~~. "~togethet with: auy ~codaneats; received duriagi the_gu6lie"review proeesa'-aad '~~~' Further Eiadiaq'on.~the :basi's'of .the ~iai`tiel study;ead ~aap comneats received; _ ~" that'':there73s ao nutiataatial~evideace that"the praject.d311~bave a significant: :"^'., 'i ef£ect:~ou the' ®nvirpameat.~;. ~.;i.: ': i.,; ±-• , , .. .. ; •; ....::.' : ~ '~,'. c., ._E _ .~' ' is _:'i ,.'. ''.i'!' ; NOH, THEREFORE HE II' 8E&DLVED; that the ;Anaheifs City Planaiagt - -~; ' - Commisaioa'does harehp :grant aubj®ut,petitioa for Coaditioaal 'IIaa Permit upon ';''. the:folloving. coaditioaa.whach a're'.hereliy-fouad,.to~be'.d; aece9sery prerequisite; • ;:..; . •• ••?t ;to:: the `propoa®d;usa of'the subject` propertyan. orEei ,EO; pseraquiaite .to-the ++, .+';: ~~-i'--~ .. ;, ~. •~proposed us®; of~the: eubjeet.property:ia ~oedei: to; praaervc."the; safety, aad~ ~~~~~~ geaeral;velfara.of.: tbe'Citiseas,'of`~ttie: City o£ Anahaimdi .,~. '' "~ 1 ;That a'.patkiag`plaa nhoviagE ooniplienee vath !City parkiag~~7ot ;design ~""i-'~ "`~ 's~ stnndasds ~~hall be suhmitta8~{to;and' approvad;bp. ,th®.~City: ~TraEfic: ~ `;1.. ~; ~ ~,~ !'•':;t ~ ; `i- ., 4. ~. °Engsaear,.~5 Said•plaaahall~;alimiuate way, small car-'parkiagtepaces located= ; ~.;~ .,E. , , ' oa either"aide of •anp Braving a ~• i ={ .: ',:~ ~ ._ ,. .;. ~ •,. ~ ~ art, i .,. , '.Tbat, prior, po`.issuance' o£, a~'building permit; the. ® propriate .traffic ., ..„~.;., , : :• ,',`~ aigaal.6aseaamaat Eee~shall~be~peid;to the-City of,Aasheim•ia ea amouat:~' " -' ~~~:~as; esGeblished`~by~City Council ~teaolutfon:?•~ - '~' `t' :-3 Tbati£ire; sprinklers ehall~be ia4ta11ad'as ~requirad Dy.^the Caty Fire"' r~ ,.,:... - ~Departmeat.. ~ ~.: ,•s- s; , ;;~, :. +. ,:~~,,.~~,•. ~:. , . .. ~i '4 ,. -.ThaC Fire'Deparemsat access'. aid evacua£iea~`routes`to'a11-oa-aitea '" ': .I stiucturea: aha11; he'. reviewed sa3~ apgioded•;by;~the City; Fire ,Departmeat.~, .; ~, '., ~~ ~" •~ `~ =~' ~ .` ~~ ~ ~ ~~. ~. ~ .This.` ahall:'include.. s ,tv6aty,., (20)`koot, vide .unobstructe8 ~ access ` yap ,from ~<~ ~ ~ ~ •' ~ '~ '~ ,. ;: ". i ~ttie~educatioa;buildiagatca,putilic•'etreet;.right-of='v6y.; •i„":; :~t ,... ~" `5: ~i "That ;Elie ~to£al:maaimum' earolliserit~ for. ~~the~~'od=site''~echool`~£dcili,ty~ sha1L''~ ~>'.. aot•.eaces8+`tvo~huudred.fifteen~(215Y'atudeats,..as~apecified~~hy'~'- ': ~; ~ .~ I:r ^..;.~n; ::. - 'Conditional `Ose.'Permi$ No:42615, .', .: _ ,.E+. ~ - „Ef', •_ •!', :: i ....i.. n . ' ~:t:: :~..i .l L .: a-1 ~ Z .:.E't' r `. {.: 'I :i 4i ~ ~':;o• :.r,;:'.. ~.i'i: i : i l .:; ~ ;i• :: _: ;; _ ;i` a:e _ C89-110 is ; - ~:;-v ~,! t- ''j} " :, .: - ~ - • • fi ~ That naless~~proof af~'eaempt~.oa~'is suEomiCted is eoaipliaate~pith'•City ':~;Gdnac3l 8esolntipa .Por 85B-423;';prior: ta'issuance'of':a building; permit;, ' ,'the appropriate Finajoc;thoroughfare and,:bridge _fae ahall'betpasd ta; the. ~ ` -City,o£ AaahCim in.aa'amouat~as sperified'ia..cbe'~Major Tlioronghf~are. and `,'~•; dBridge;~Fee Program,forthe,Fcotliill/East®YriTrenspartatoy Corridor,. as ;; .'; ',:~. ;' ~i.dpproved,by:CityCOnric~1 Hesolntioa'Ho::;85H-%S23_ :,',.,,.•,,. . . <. . 3 .' ...., '..~: ~ ~5.:::. -:,7 r' "That gates 'sha11 not be aastalled'across~rthe; drivevay;in ~a''manrier ~p}iieh ;t ': ;i.:.;; may "adver9elp_effect"vehiciilai traffic: in `tae=aejaceat``pnb2ic street: :: ..'; ' :.Installatioa'of anp<gatas `,nLatl~coaform: to the:Engnaear$ag'Depnrtmeat's~ r•~~~~:'h;: _.~: 'Standard Plan,Bo,. i'40T sad shall he'aubjeeE tc, the•=evier;~aad appiavel,o8.~'.~:'~ ': r the .City ira£fie~.Engineer. ~ r. . `8. 's ,'That in:~ the' eveat~ a'parkiag~.dafieieecy oecnra; follodieg ~oecupeacy;of- ~t3e r ; ,~,'~ ~ "• %:•subjeet'edditioa•.(aaid `defieiedey •~haviag ~hesa demonstrated sn a,pa;king ,: •~',~ ~ •'demaad' atuBp; to :De.'Eunded by'the~piopertp oimerldeveloper,; at the'sequest ' .. .. ., ~,;'of • the • Citp" Traffic .Engineer ~ and 'te ~be ~ zeviemed• and :approved ,bp.' CL~e' Cityk ! ~`. ,:'; '~ ` ~'. `` Traffic ~Ea laser ~ i i"' ',t .. ;:' , .. g~ ),'~~®dditonal,oa site,': 'ai7cinq (aa t, ta, sassed qa , :•. :.. P -~ ~ ~ ~'~` ~'additienals~one hundred thir sae;, 131 ~ ~eas'Por. a~tntal ~'of:'thrae~:`„i1 :i.^^;., ,. 'r ':i `liuadred .£ortq ~oae '[341,_spaeea] )! shall be: ptovide8_ in'a, vr'aaner approved' by c'2+' ~, i~ ' • : ~ .:: "' "',the;; City "Traf £ic ~Eagiaeer;„ s58 , that ~ a! cpvenaat. shall' be? recorded i iu ;a ~ ;'?..: '~~'~' ~ : ~• :..' ~ form: apprnved:,by ~the:.Ci~ty, 7lttorneg's;:OPfiee:abTigatiag'the;~Petitiocer."and~~;°~'~ ~.'~ 6' ,aap..future assagaees Ito ~pra'vide snob."parkiag'if .a ~defieiericy is; found to "•'i ..:'~ : ~"•~i~~.. `eaist..'i. Said: covea_nut shall"'be recoFded.'vitfi;.t]oe.;Offiga"of,,ttie~Oraage': ~~,~'•~-" ' -'_.j , , ~Cdnaty Hecozder:, A, copy of the recorded coveaaat~shell'be 8ubmiteed to v~"~' a .. ... .. . :. •i the. toeing, Divasioa.,.' ~ * ~ r i ,. ,s' ;.i : ~ ':.~ : <, ;.:.. ; :: .. :.. 'r. ,: :..: ~ ..., :.::.9~: L Ttiet`:the;pex~ roustsnctioa ~authotiied~bp, `,this •~reaolutioa~ sha11 ba,•perved_` : -: ~ : . uafler roua3'~nEllties:`~: ~. '''. . '. . ` :+ : s.•:h ~. '~ ~ c . ;, ., , ;. 'i'10>~,Thh[i all„Soatishle ~pedestrien`acd, vebianlar~aecess~aa[es.'ahaYl ~be'.equpped~"` ';;;:;.vlGh'a'"knoa:boz":device;:jif:regair'ed'bp.`t3eyFize ~~;' y Departments, aad~to the•'sat3sfactsoa of said depart ':'~~~il:';. Ttiat~trasti.etorage. dra as'aha11•. be'psovided~asd ma. ?,'s, y ~' `., ;~ ri:~: ~eceptable,'tn' the..Street; Mai`nteaaaee'j ag8 •Saaitati; :=. ;i;:-a..:!ac~ordaace with:'sppr"tv®d: plaae,•on'~f'ile;~vith~,asi~d] ';a~ ;:: '.f. 1'i' ~ t. '. r~~fy,`~;,; 12." That nll•'eix conditiouiaq ;facilities end'~otbe=.gri `~~~`lehall-pe 'grcfperly'`s$ielded from: view, :, cad the 'sou: is ~~iradjacent:resideatial!propertiies.~: ;;' '-;~.13:~i':Tbar,tLe.~progosaTraSirill~eomply;with all;`aiga'iagi•ri r85-HS=10';000_~(~BC~)_.^HeBideatial,'~:53ag1:e:.Family,.:Hi: ::;" 4 ~ •' "; Overlag!'•'2oae,''salesa; a:varieaee;.elloviaq ~aiga~;ra. •~°?-%~ .:~; City;Co'unciY;tPlaaaingCommiseioaprz2oning"Alma: `: ^~ ,• 16z ~ ~Thst 8n ,ro aaed • ~arkia •~ ~.< f •~ ~~ "' J p.1 t _~,,;.. ~,. ; ~. , Y;:P.. P,....... P .. ; 4"area: lighting ;fintuzes ~ i :i ;. ;; ,:: i; reoideatiai properties. shall' ~be~dova=l3ijhted iritL °~:.treive'.(12)~fset;~;;Saifl;ligheigg'.:fiafdras•~ahallibi ;j:ij~;'~ ~;t!~adjaeatradideatiel`property,'linen:'to',grotect~.Elii :.,,., : Police' "'•: .+~~ .p .. ' '%..t~ ~ ; 3'ia ®;loeatioa' ::~' ~; :~ ~: a3on: sad,:i'y :i'; i't .::•I ~;:, ~' a ~::: ~i'.: J ,:: '..., ., , .: _~.:~. ~' anted: egitipmeat"; :';; ~' ; ~, . l": ~r i ; ..j. aata~ of .the; . ':.•::~~. ...P. 6ceaic;'Coiridor +~'~ a approved:bytbe::::~c',> r:~ . iV "; ~' ~ :~'r,:'.J. t:•to tbe~'abuttiag;.r'p ;; tefl ®wey'from~tlie'".:'~~. ®atial#`iategrity'y ~' ° "~~ at :ao .ioof-mounted,equipment',,~(rhataoever;~~:shall'be;.pecmittedi ;°es.S:j,;i .'; . : ~,~: ecified=ia'Aaaheim,MUaic~pal Code'6ectioa 18 fi4.~042:012: `~.~ •;, r, i:E i'd:, •i . c: -k a . -4- '~ .j '? , PC89=110. i :,. is . r; ~~:{.l~' %~ . .,.•1 `: - [, <~'t(.fa,~i'~' •:h. :;1 .,;n ~~t' f" '' ., , x';16:',. ~.That~the ~on=site''landscaping`'~sha11'be~~maiatained~'ih 'co'mpliance with •City~',%. ,:"~ - ... ; ".: 'standards ,. . t .. . 17~~.;2hat 'snbjeet propertp sDall be developed'snDStaatiallp in 'accordance with '' .,':plaas'~aad ;specifieatioas'oa file with.the City; o£ Anaheim, marked-of' '. ', ~.~ ' +~ ~Ezhibit'.xos: l; throngh,4. 'r 19.~.~That prior to~i'ssnaace of°a bnilding~peimit-'or: viiDin.~a period-of. one ~(1) • :. -: .: .:year ~frum. the~~date:of?:this resolntioui.•vhiehevei ocenrs:first, 'Condition :.~ '~ '.: ; ` ~~ `~ • ~'~ Hos.::1,~, Z:.:.4,. 6;"8''aaH•'12;'~above=maat3oned;; 8ba11 ,pe eomplie8 vitti:`~ ' '+ I : EzteaSioas~,:for~ #nrther time Lo. co~splete':said:~eonditiona ~isay,' be; granted; a.: ~~`~ - ,. . accordance `vith; Sectina 19,:03:090:of.'the ~Aaafie~im.:Muisicipal~Code..;~ - ,i 19: `I .That' rior to ~fiaal'bnildin~-and'zo~ ~ -+ecpioas;•.Codditsoa;Has..~9,:~:9,~., • - ~" ll; ~i12,'¢4~'dad_17~ ?above-meatioaed:',sDa11~ be`' eomplied;vith., ~:: ~. 'i:, ` i':t20.Y~,~,Thnt~approval a£•~this'appli.catioa: constitutes. eppraval~b#:~the. proprised[i :~^';.~~~'-~~ ,• ~~~ requastroaly~tto'the extent;tlat:it~'eomplies~:gith the Anaheim:-.Municipal;' : a ~.2oaing;.Code..aad,eay otbei:applicaDle City.regalationat jApproval"doeapot. ' ~~1•i`.`.~-t?'iaelndeaap:~actioulor~~fi'ad3ags as,ao~gompliaaee•:or"appropal;of~tbe: ~?.; `~:~~' ~segnssc~regardiag.-euy.other appli'cable,-ordinaace,:.regulatiaa''or -r"! requirement' `: ... .''-, ., . - ` .,,•. :. . ;,r •, .: tin , ': '~ BE IZ FORTBER RES Om 'that the AaaLeim Caty Planning ~Commi~ssica . .. ;~ does:hv~rebp.~fia8aad:determine,that a~optioa of this .Resolution is expressly ~- ; :, ~. .. .. ~•': ~; ~ piedicatede;apoa; ~applicaat`. s'•compliance;vith eacb`~ead, all`.°of` the .conditions; ., :.; : ^< : _ -'' ~',:-: hereinaboya°'set~#ortti,~ `Should, any~such° condition: ~ dri any ~pait: thereofy'be -. `, ^ ~~ :: i.. >..- • ;.d®eiare8aavalidioz':~uaeaforeeahle'~Dy:.ttiejfinal°,,judgmeat=o£;aap; codrt'~~of.;' ~ ~ ~~•,t; ":' ``s~ competeatijnraadictioa,,thea this Rosolntioa,.afid;~aap approvals hereon ,. , >: coatained;;shall'De ,Baemed:!aASl. and void:.' .~~ Y. F . > :";.:, . .:' ' ::.: a:;7:;:~ .(~' : TBE• •FOBE60ZHG~,RESOLDTIOx`Fis .~si • ~ ed ••~aad~: a• •~roved' ~ ;me" this 'A ~ril'~24'; `r ~~ . .4.• : :.~'. I. ::.. t , ::. ~• r ........... ....... ;, ;. `.(Orlglnal;lgnpd`by'Mary Bouas);. ^' ,i..i.!,i;`,~',, , ~t. si.: ~;..• .F•' ~.. ''~CHAIRWOMA27i.~. ANAHEIM:CZTY'PLAHxING COMMISSrOx; 4~'i ;^i .. ,.:. . .; ,_.~ :ATTEST i.'' ' '. i, in.' '~'' ,. 3,~.; ,F. ,... ;,:,.~ ; ~:• ,:> .. ; .~ ..: ,,: ... B ~! Y. , !,:, `rori• final sl' "ed b" Edith L'Narris) : ~' ';;:i::'" SECRETARYlc~AHABEZM CITY PLANNING C02WISSION:.••' ~,~:.:u! ~ ~~ ~-= `e' :iii •! . ~. .: ;:' c .:: ,,. ..-: i ' "' '~ :.,' •: .:. ..I ~., ., .. .t I,. .... ~ ~.. ..s .... t'i _ .x I a r ;'.;.... l t ,. _ i ~ a :~ y T. " , r n F :. ''r! 4 rz i~i ' " '+ 5- ! i ~ r j ~ ~ pC89~11Q ~.i3:1 ~1 z Ir rI l } ~11~h~r~ i~ ~ ipl ~~FI 1'rltir i`~11 I~~~ t" ~ ~`I~Fli~ .... ,.. .1 r ,~l~i. ,. I. ' . ~ - :. : ` r r. r ;1 , ,. .. ... c ....r - TT7:M TTO F i3-6 USi IS FIRMS CUP 3292 VAR 2613 OFFICE BUILDING NQ DRIVE ~p~O~P GG RCL 73-74-56 lRF I \ RCL 73-74-55 (Res. of Inl. to CL) RCL 52-53-8 CUP 7462 'MALL INDUSTRIAL ~ FIRMS / ' CUP 14fi2 GG OFFICE BUILDING GUY L24U C-G CUP 7712 RCL 73-74-55 (2) CUP 1462 RCL 52-53-8 IMPERIAL CUP tfi42 THEATER OEL TACO V V CUP 1000~~~ ~~.~ ' ~ '~ VOCATIONAL SCHOOL $ m w _~m > C UU .. ._.~ z a I o ~. RCL 53-54-7 O RC I I RCL 53-54-7 RCL 52-53-8 CUP 2923 CUP 1808 OFFICE BLDG W RCL 737 55(7) W RCL 52.53.6 ~ T CUP 2602.04599 T cUP 2001.04436 Q I T-CUP 2001.04429 APPLIANCE SHOP T-CUP 2001-043]1 N T-CUP 2000.04255 f N Q _________ CUP 1062 J VAR 2004.04631 O __________- MAGNOLIAPLAZA Z I RCL 66-67-14 Q RCL 53-54-7 250' VAR 2073 VAR 2463 JACKIN THE BOx MEDICAL CLINIC CG RCL 73-74-55 (1) RCL 52-53-0 CUP 1462 VAR 2002-04530 WOODLAND PLAZA C-G C G RCL 73-74-55(1) - RCL 66.67-14 CL 73-74-55 3 4) RCL 52-53-0 RCL 6667-1 CUP 3799 RCL 52-53-0 CUP 1482 CUP 7681 KENO'S RESTAURANT _.~ I RCL 52-53-0 CUP 2095 CUP 2963 CUP 1723 CUP 1665 SMALL INDUSTRIAL FIRMS RCL 73-7455 (9 GG RCL 66-67-14 RCL ]344-55(6) I RCL 52-53-6 RCL 66E7.14 RCL 6fi4i744 CUP 1462 RCL 52.53.6 m RCL 53.544 OFFICE CUP 4057 ~ RCL 52-53-6 BUILDING cuP 1462 N CU VAR16399 SERVICE SERVICE STATION STATION LA PALMA AVENUE LIOUOR STORE C-G C-G C~ RCL 55-56--: RCL 5656-29 CUP 3460 RCL 55-56-29 CUP 2301 C-G CUP 463 CUP 2095 CUP 4053 CL 5656-2 5.5. MAGNOLIA-LA PALMA GUP 3720 CUP 2294 CUP 1890 SHOPPING CENTER CUP 1704 CUP 71p9 CUP 1161 SMALL CUP 6615 SHOPS CUP 169 RC R( C c-c RCL 55-56-29 CUP 3743 RM-0 CUP 1613 RCL 65-8@-12 3ESTAURANT RCL 55-56-29 C~ CUP 596 RCL 5656-29 APARTMENTS CUP 2399 84 DU CUP 590 Variance No. 2004-04631 Subject Property Date: November 15, 2004 Scale: 1" = 200' Requested By: ANAHEIM MAGNOLIA LLC Q.S. No. 17 REQUESTS WAIVER OF MINIMUM NUMBER OF REQUIRED PARKING SPACES TO PERMIT A COMPUTER VOCATIONAL SCHOOL. 1125 North Magnolia Avenue 1s7s RCL CU J SMALL OFFP RCL 53-54-7 I R( cuPleae r I RCL 53-54-7 sr8829gk.doc Page 1 ATTACHMENT -ITEM N0. 6 Universal Career Instihrte 523 N. Hanover St Anaheim CA. 92801 12.2.2004 To Scott Koehm: City Of Anaheim Planning Department This letter is to inform you that we would like the continuance to obtain Variance for computer trade school located at 1125 N. Magnolia Anaheim California 92801. You request a new parking study, for the hearing on Dec 13 2004, the frame time is too short to submit you request there for we request to be extend to the next hearing January 10 2005. If you have any questions please feel free to contact me at your earliest convenience, Sincerely, Ehky Gutien•ez Director ITEM N0. 7 F N W Z r ~ N 2 N W N W ~ K p ~ ^ J .- LL GRAY SON AVE RS-2 1 DU EACH 1 DU EACH :FALMOUTH AVE RS-2 1 DU EACH .T ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT CG RCL 2000.00032 (Res. of Int. to CL) RCL 98-99-11 RCL 65-66-32 RCL 64-fi5-22 (Res. of Int. to CO) RCL 54-55-33 (Res. of Int. to CL) CUP 3954 CUP 649 VAR 766 S VAR 793 ADJ 0'139 SA-RANG COMMUNITY CHURCH RCL 9&9911 RCL 64~fi5~22 ~ es. of IRL Io CO) VAR 2804 VAR 793 AUTO SHOP x NW Na 7 C: 7 K ~ = O ^ ~ W NQ J 'a ~ w Q ~ a J Q ~ F U - FALMOUTH AVE RS-2 1 DU EACH 0 n 1 E N RCL 2030C0 032 (Res. of lnl.m CL) ~m RCL 9&9911 <o RCL S}5431 yS CUP 3035 wrn VAR 3671 GG(6CL) RCL S}54-T m IRez,2a~n1_jo CLI CUCUP ]6014926 T H- W W •- (n •- Y m Conditional Use Permit No. 2004-04926 Subject Property Date: December 13, 2004 Scale: 1" = 200' Requested By: ASSOCIATION OF ISLAMIC CHARITABLE PROJECT Q.S. No. 37 REQUEST TO ESTABLISH A PRIVATE SCHOOL (K-6 GRADE) IN CONJUNCTION WITH AN EXISTING RELIGIOUS ASSEMBLY (ISLAMIC CENTER OF ANAHEIM). 1136 North Brookhurst Street -Islamic Center of Anaheim 1603 LA- PALMA AVE ITEM N0. 7 7a. CEQA 7b. ?, COND SITE L '~~) Staff Report to the Planning'Commission Use Square Feet Code Parking Requirement Parking i s.f. Re uir`ed Classrooms 8 classrooms 1 space per classroom plus 1 space 9 ` . j2,473 s,f. 'per non-office employee i 1non-office em to ee Office 608 s.f. 4 spaces per 1,000 s.f.'/ GFA 2 Church,(assembly 1,132 s,.f. 29 spaces per 1~OD0 s.f. of assembly rc 33 i area) area or 0.333 space per fined seat whichever is greater Restrooms and ;1,265 s.f. ' N/A N/A Corridors TOTAL ; t 5,478 s.f. 44 raye a (15) Code Enforcement Division records indicate no code violations on this pn inspections and the photographs indicate the property is tieing maintainer condition however, there' is a trailer currend' thebuilding that is being used as an officeJ' must be removed. FINDINGS (16) Before the Planning Commission grants and facfthat the evidence presented shows that (a) 'That the proposed use is properly one by the Zoning Code, or is an'unlisted u Permitted) of Section 18.66.040 (Appri (b) ;That the proposed use will not adversE and development elf the area h which i (c) That the size and shape of the site pro development of the proposed'use in a the healtfi and safety; (d) {That the traffic generated by the propel the streets and highways designed anc '(17) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning;Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission'aoprove the petitioner's request by adopting the attached resolution including the findings and conditions contained therein. Page 5 [DRAFT] RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04926 BE GRANTED (1136 NORTH BROOKHURST STREET) WHEREAS, the Anaheim 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 ax THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID SECTION, NORTH 0° 19' 44"WEST 645.00 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION; THENCE NORTH 89° 40' 16" EAST 270.00 FEET; THENCE NORTH 0° 19' 44"WEST 88.59 FEET PARALLEL WITH SAID WEST LINE; THENCE NORTH 31° 17' 34" WEST 17.70 FEET TO AN ANGLE POINT ON THE SOUTHERLY LINE OF LOT 152 OF TRACT NO. 2093, AS PER MAP RECORDED IN BOOK 76, PAGES 45 TO 48 INCLUSIVE OF SAID MISCELLANEOUS MAPS; THENCE SOUTH 60° 36' 30" EAST 62.30 FEET; THENCE SOUTH 0° 19' 44" EAST 152.88 FEET; THENCE SOUTH 89° 40' 16"WEST 315.00 FEET TO SAID WEST LINE; THENCE NORTH 0° 19' 44" WEST 80.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which aconditional-use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 to establish a private school in conjunction with an existing religious assembly. 2. That the subject property is developed with an existing religious assembly, is zoned General Commercial and that the Anaheim General Plan Land Use Element Map designates the site for General Commercial land uses. 3. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site for the proposed use is adequate to allow full development of the school in conjunction with an existing religious assembly in a manner not detrimental to the particular area nor to the health and safety. 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 this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim because the proposal complies with all the applicable site development and zoning standards, for properties and uses in the CG zone. C R\PC2004- -1- PC2004- 7. That ""` indicated their presence at said public hearing in opposition; that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to establish a private sdhool in conjunction with an existing religious assembly 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 Declaratidn 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 np 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 school shall be limited to Monday through Thursday from 8:00 a.m. until 3:00 p.m., and until 1:00 p.m. on Friday. The office hours for administration shall be limited to Monday through Thursday, 7:30 a.m. to 4:00 p:m., and Friday from 7:30 a.m. to 1:00 p.m, as stipulated by the petitioner in the letter of operation. 2. 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. 3. That at no time shall there be any outdoor storage on the site. 4. That plans analyzing the existing building conditions and the codes applicable to the proposal, shall be submitted to the Building Division for review and approval to ensure compliance with such Building and Safety Code requirements (i.e., exiting requirements and occupancy loads). Said plans shall be prepared by a licensed architect and/or engineer. 5. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 6. That if the business is equipped with alarm system (silent or audible) aBurglary/Robbery Alarm Permit application shall be completed and submitted to the Police Department. 7. That a double trash enclosure shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. 8. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department for review. 9. That an on-site trash truck turnaround shall be provided per Engineering Standard Detail No. 610. Said information shall be specifically shown on plans submitted for building permits. 10. That no gates shall be installed across any driveway or street in a manner, which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. 11. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to . parking standards and driveway location. Subject property shall thereupon be developed and maintained in conformance with said plans. 12. That no compact spaces shall be permitted. -2- PC2004- 13. That all requests for new water services or fire lines as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering ,, Division of the Anaheim Public Utilities Department. 14. That the trailer on-site shall be removed within 30 days from the date of the approval of this project. 15. That no outdoor play activity shall occur adjacent to the residential zone boundary. 18. That no outdoor special events shall be permitted. 17. That any proposed signage shall be submitted to the Planning Services Division for review and approval. Any decision made by the Planning Services Division regarding the signage may be appealed to the Planning Commission as a Reports and Recommendation item. 18. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 3, and as conditioned herein. 19. That prior to commencement of the activity authorized by this resolution or issuance of a building permit or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 7, 8, 9, 10, and 18, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 (Extensions of time to comply with conditions of approval) of the Anaheim Municipal Code. 20. That prior to final building and zoning inspections, Condition Nos. 6 and 18, above-mentioned, shall be complied with. 21. 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 Cry, 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. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 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 maybe replaced by a City Council Reso}ution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2004- 1'1'C;M NU. B~VE ST FR S~ -13T l21 969-3 e u~ S% gP e4"13, l61 RGL fi66 69.36 RGL R 314"1 VP ~Q RG` 566 96g 361 RGL G sPG9 j~ l41 \ RG1- `66-59-3fi RG \ TovpER WD. GL 66 ~ 69-36 ~ 3T (61 RGL 68- g c 666gg6g36 R RG` 6g 69,3 R~C6 68 69 3~ 1 SP g4-1 .66-69-37361 RG S5 63~ T lgR RG~ 6 969 Fy RGL 66-g9• CUP SP S~PER10R Np't10VEN~~NO ~Py% i~~~ ~ 0' .'~~~49 SP gq1 pP 137 1151 ~ SP P~1 8-6937 ~6 ^ RCL 0B 68-69-80 \~ RCUP ~, sst RC Ol68bA49S ':::C p21P0163i VA1`F1~E gU\LD1NG h~jTF ST'9 sP sa-, '4gVF IND. BLDG. ~~ N(/~. Q~ 0 ~~ ,~ SP 94-1 ~ DA1 Q~ NORTH AMERICAN SP 94-1 ~ DA 1 RCL 70-1-47 (39) ~ TPM NO. 99-169 1 SP 94-1 ~ DA 6 ~ RCL 70-71-07 (21) ~ RCL 68-69-92 RCL 70-71-06 (1J ~ CUP 1031 T 1 / VAR 3857 SMALL IND. FIRMS RCL SP 94-1 DA 1 CUP 2003-04011 IND. BLDG. SP 94-1~ DA 1 SP 94-1 RCL 70-71-46 , CIIP 4090 `~ SP 94-1 RCL 70-71-47 (21) ~ ~ RCL 66-fig-92 RCL 70-71-0fi (1) CUP 1904 CUP 1031 VAR 3@57 is5 KOLL BUSINESS CENTER TPM NO. 99-169 SP 94-1 DA1 RCL 7D-71-07 (21) RCL 60.69-92 RCL 70-71-46 (1) CUP 1831 VAR 3@57 SMALL IND. \ FIRMS 99469 vno ~0-71A7 (21) ~ L 66-69-92 70-71-46(1) Q UP 2006 =O UP 1831 AR 3657 ~Q MLL IND FIRMS ~ Q' SP 94-1 RCL 70-71-47 (2' RCL 68.69-92 RCL 7p-71-46 (1 CUP 1031 VAR 3657 SP 94-1 RC OAS I IND. BLDG . R( CI \ Cl Conditional Use Permit No. 2004-04929 Subject Property Date: December 13, 2004 Scale: 1" = 200' Requested By: VOIT LA PALMA PARTNERS II LLC Q.S. No. 140 TO PERMIT AND RETAIN THE RETAIL SALES AND INSTALLATION OF AUTOMOBILE WINDOW TINTING. TIRES. WHEELS AND ACCESSORIES. 2910 East La Pa ma Avenue, Suite C- La Palma Corporate Park lsps ITEM N0. S Staff Report to the Planning Commission becember'13, 2004 8a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (~ 8b. CONDITIONAL USE': PERMIT NO. 2004-04929 (F 'SITE LOCATION AND DESCRIPTION: (1) This rectangularly-shaped, 3.92-acre property has a frontage of 675 feet on ti of La Palma`Avenue, a maximum depth of 250 feet and is located 430 feef'e centerline of White Star Avenue (2910 East La PalmaAvenue, Suite C - La F Corporate Park). REQUEST: (2) The petitioner requests: approval of a conditional use permit under authority o Section No. 18.120A50.050.0505 to permit and retain`the retail sales and ins automobile window tinting, tire, wheels and accessories. 'BACKGROUND: '(3) Tfiis property is developed with two industrial buildings, and is zoned SP94-1' (Northeast Area Specific Plan -Industrial Area). The'property is also located Alpha Northeast constituent Sub-area of the Anaheim' Redevelopment Projec drs(gnated fbr Industrial land uses on the Anaheim General Plan Land Use' E The Anaheim General Plan Land!Use Element Map further designates all sur properties for' Industrial land uses: required; 182 proposed]) was denied by;the Planning Commission on May 8, 1978, and subsequently approved by the City Council on June 13, 1978. bEVELOPMENT PROPOSAL:': (5) This request was initiated as a result of a Code Enforcement Qivision request far service regarding the existing business operating without appropriate approval for window tinting and automobile fire/accessories ihstallation:r The petitioner is proposing topermit and retain the business within one tenant space in an existing building. The business would also include'the sales and installation of wheels, tires,Salarms and audio accessories:'. The remaining portion of the building contains both retail and industrial sales and service businesses. Sr5130jr Page 1 (6), The s the pi (7) Vehic to La northi parks Use .Square 'code-Required Parking Code-Required Feet Ratio Parking 1'.55 per 1;000 s.f. of GFA 2910 East La'Palma Avenue 6',300 9.6 Suite A CFT Software Development holesale 2910 East La Palma Avenue '4 per 1;000 s.f. of GFA Suite 8 (5,017 20 Alarm Center: '2910 East La Palma Avenue 3.5 per 1,000 s.f, of GFA Suite C 4,067 ' 14.2 ATS Automotive Lifest'les 2910 East La Palma Avenue 4 per 1,000 .f. of GFA Suite D 4,067 16.2 Larkin/LAMB Associates 2910 East LaiPalma Avenue t:55 per 1,000 s.f. of GFA Suite E 6;017 9.3 1Je Mar Floortn 2940 East La Palma Avehue 6;958 4 per 1,000's.f, of GFA' Suite A 27.8 Ima eMax 2940 East La Palma Avenue 1.55 per 1,000 s.f. of GFA Suite B 3;620 5.6 JKP Inc .2940 East La Palma Avenue 3.5 per1,000 s.f. of GFA Suite C 4;982 17.4 XLNT Tint of Anaheim 2940 East La,Palma Avenue 4 per 1,000's.f. of GFA Suite D 4;296 17.1 Thomas Mana ement 2940 East La Palma Avenue 1.55 per 1,000 s.f. of GFA Suites E & F ` 10,057 15.6 S' ectra Allen nstruments Total 55,381 153 ~..y: u,cuv..,~,.,an;.l~nnwu,w:e~uiuiuo~w oi[aNN,ununamiy.,-e,uu,.ayuaie wucau~uinuuue window tinting and accessories installation business containing a showroom, warehouse area (utilized for the installation of the tint/accessories), general ofFces, and men's and '' women's restrooms. (9) Photographs and site inspections indicate an existing approximately 16-foot high concrete tilt-up:buiiding. 'Large storefront wintlows and entryway doors are located along the north'. elevation (facing La Palma Avenue);, with automobile baydoors located along'the south' 1 (rear); elevation>(opposite`La Palma'Avenue).; No exterior modifications are proposed as part of this application. Page 2 .Staff Report to the Planning Commission' December13, 2004 Item No. 8 .3f.'S-" a ~ r ~ "" fis^~. rte` ~ ""~% , ~ 6 2 l C ~+'~f ~~/fv L ~ l/ `~~h~~ ~~ f l'G `J' ' y r. _ F'. >~ ~ ~ * ~ 5 v C r` f G 7 Y ~ ~ ~ { , yy~ y " i ~;a~h r ~ s ~ J! ~a 3 ~~ ~s ~,~,~ ~~ y K~NWOOD ` "KIC KEk ~ VIPfiR Clgr o~ ~ ~ " ~ ~' "" »s ` .. Y: fi ~ ~ L Y . Ph ? ~~i ~ ~ ~ s k 3 ~ i } ~ 4 a ~~ ~~" ~ / 6V8 ` ~ ~ fi ; L ~ ~: iva~a[ Raava ,,.. , Staff Report to'the Planning Commission December 13;'2004 Item No. 8 (10) Staff inspections indicate'a 10 to 20-foot wide landscaped setback adjacent to La Palma Avenue and interior parking lot landscaping containing a;variety ofpalm trees grass, shrubs and flowers. Staff observations indicate on-site landscaping is in gootl condition' and's being properly maintained, No new landscaping is proposed: as part of this application. (11) Staffinspections indicate one existing non-illuminated white vinyl sign locatediabove the storefront entrance in compliance within the code allowance of ten percent of3he building elevation. Staff also observed excessive window signage (Code allows 10% coverage);; No new signs are proposed as part of this application. (12) The submitted letter of operation indicates the existing hours of operation for the business are Monday through Saturday, 9 a.m. to 6 p.m with up to three (3) employees per shift. The front portion of the building is used for shpwroom and customer processing area, with the rear being utilized foradministrative offices; miscellaneous storage and installation. The letter indicates the business provides retail sales and installation service of window:. tinting, wheels,' fires, and:audio/ alarm accessories for automobiles:: All installation takes place inside the building. ENVIRONMENTAL IMPACT ANALYSIS: (13) The Planning Director's 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, exemp f from the requirement toprepare additional environmental documentation. EVALUATION: (14) Code permits retail salesand installation of automobile window tinting, tire, wheels and accessories iri'the SP94-1, DA1 zone subject to approval of a conditional usepermit. (1!i) Code Enforcement records indicate'there are no other open code violations pertaining to this property; however, staff observed excessive window ignage and has notified the business owner of the violation (see attached Code Enforcement Division Memorandum dated November 18, 2004). (16) Conditional Use Permit No. 1831 allowed certain commercial uses to be established on this property (as well as other.: properties in this development). These commercial uses include the sales of bedroom sets and home furniture, heating and air conditioning systems, wall, window and floor coverings, as well as the sale of glass, mirrors and windows. The Commission approved a similar (automobile window tinting installation) business in an adjacent building located on the same property in July ofahis yeas Staff believes the nature of this use is consistent with;the complexion of commercial uses allowed by the previously approved conditional use permit as he window tinting/automobile audio/alarm accessory installation business is a less intense use than otherwise permitted uses in this zone, and all installation/storage (s located within the building. Staff observed vehicles ready for customer pick-up being stored in required parking areas. Staff has included 'r standard conditions of approval pertaining to window signage and site maintenance. As conditioned, staff feels that the automobile window tinting/accessories installation business is appropriate at this location. (17) Community Development Department staff has reviewed this request and concurs with'. Planning Department staffs recommendation of approval. Page 4 FIN. Page 5 [DRAFT] RESOLUTION NO. PC2004--" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04929 BE GRANTED (2910 EAST LA PALMAAVENUE) WHEREAS, the Anaheim 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 A: PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 123, PAGES 46 AND 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. PARCEL B: ANON-EXCLUSIVE BASEMENT FOR VEHICULAR AND PEDESTRIAN. INGRESS AND EGRESS AND VEHICULAR PARKING, AS MORE PARTICULARLY SET FORTH IN THAT CERTAIN AMENDED AND COMPLETELY RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS LA PALMA BUSINESS PARK, RECORDED SEPTEMBER 7, 1999, AS INSTRUMENT NO. 19990645934 OF OFFICIAL RECORDS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004 at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.66.040.030, 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 retail sales and installation of automobile window tinting, tire, wheels and accessories business is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.050.050.0505. 2. That the use has not adversely affected the adjoining land uses and the growth and development of the area in which it is located as all work and storage is located within the existing building. 3. That the size and shape of the site for the use is adequate to allow the full operation of the use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 4. That the traffic generated by the use has not imposed an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the granting of the conditional use permit under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 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. Cr\PC2004-0 -1- PC2004- NOW, THEREFORE, BE IT RESOLVED that the Anaheim 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 window signage shall not be permitted. 2, That a valid business license shall be obtained from the City of Anaheim, Business License Division. 3. This use shall be limited to the sales and installation of automobile window tinting, wheels., tires and audio/alarm systems. 4. 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. 5. That any tree and/or landscaping planted on-site shall be replaced in a timely manner in the event thak it is removed, damaged, diseased and/or dead. 6. That customer parking spaces shall be striped and clearly marked for "customer parking only", and at no time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent to the buildings. 7. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 8. That there shall be np vehicle dismantling permitted on the premises. 9. That no amplified sound systems shall be utilized outside the building. 10. That the storage or overnight parking of vehicles, vehicle parts, or business-related materials and all work on vehicles shall be confined entirely to the interior of the buildings. Absolutely no vehicular body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials shall be allowed in the front or rear yard areas, or on the roof of the building. 11. That no outdoor special events shall be permitted. 12. That the applicant shall be responsible for paying all charges related to the processing of this discretionary application within 30 days of the issuance of a final invoice. Failure to pay charges may result in the revocation of this entitlement. 13. That subject property shall be developed and maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos.1 and 2, and as conditioned herein. 14. That within sixty (60) days from the date of this resolution, Condition Nos. 1, 2, 6, 7, and 13, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code .and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -2- PC2004--" BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared _ __ invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 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. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 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 PLANNING COMMISSION -3- PC2004--** ATTACHMENT -ITEM N0. 8 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: NOVEMBER 18, 2004 TO: JOHN ItAMIREZ, PLANNER FROM: MARTI DE LA CUEVA, CODE ENFORCEMENT OFFICER ~~ SUBJECT: CUP2004-04929 2910 E. LA PALMA AVE. #C On November 17, 2004, I conducted an inspection at the aboee-referenced location and observed excessive window signage on the exterior of the window. I issued a Courtesy Notice to Tony Aguirre, employee of WTS Anaheim Tint Shop. I asked Mr. Aguirre if they aze currently installing window tinting and wheels to vehicles and he replied "yes". I will reinspect property on December 3, 2004 to verify compliance of violation. If you have any questions or need any further information regazding this matter, please feel free to contact me at extension x4484. ITEM N0. 9 l I I I I I RS-2 1 DU EACH FALMOUTH AVE ~- --- I i ~~ ~ N RCL 98-99-11 a a D R 1 ~ C-G (BCC) CLIP 30fi3 ~ m RCL 2000-00032 ~ (Res. of Inl. to CL) ° RCL 96.99-11 - AU ~M ~ w RCL 53-54-31 ~ CUP 2004-04926 ~ ~~ CUP 3607 GG (BCC) U>~ CHURCH MEDICAL OFFICES ~ C-G (BCC) e ~ RCL 2000-00032 C G BCC ~ I - ( ) (Res of Inl to CL) F- ~ . . RCL 98-99-11 p W RCL 98-99-11 RCL 61 ~ RCL 53-54-31 -52-54 L1J MEDICAL OFFICE: RCL 53-54-31 ~ GG (BCC) ,~ U CUP 2004-04930 ~ ~cL2pgo-ooo~~ a7L OFFICE ( es. o nl. to ) U U BUILDINGS - ~ RCL 9B-99-17 ^ LL ~ RCL 53-54-31 W ti ~ CUP t}67 ~O C-G (BCC) RCL 96-99-11 SMALL RCL 53-54-31 _ SHOPS T-CUP 2002-04525 q C-G (BCC) gg Y CUP 595 T-C CUP039214203 (Res. oQQnQoOC GG (B ) CUP 3901 RCL 96-99-11 Q °o~mN CUP 3291 RCL 535431 o m v °~+N VAR 4221 VACANT m"' ~N VAR 3930 m fmiri~Qa VAR 362fi ~„V Ua>U PCN 97.05 ~¢o:> CUP 205 -SERVICE RESTAURANT STATION ~ 115' ~---- 457' VAR 3871 a 2 2 c~~mQ N~.-w c~IQ m"' 0!~~17 lrp >n U GLEN AVE S U Nw tY O 2 U Nw ~ f w z Q RS-2 cc (BCC) 1 DU EACH - RCL 96-99-11 N RCL 61.62-54 N RCL 53-54-31 CUP 2004-0493 0 RS-2 m OFFICE 1 DU EACH ~ BUILDINGS a gi LA PALMA AVENUE H !n W z m p U RS-2 1 DU EA. RS-2 1i DU E Conditional Use Permit No. 2004-04930 Requested By: MOHAMED N. ELETREBY TO PERMIT AN ADULT DAY HEALTH CARE CENTER. 2145 West La Palma Avenue -Anaheim ADHC Center 1so4 Subject Property Date: December 13, 2004 Scale: Graphic Q.S. No. 37 TTF.M Nn 4 9a. CEQA CATEGORICAL EXE 9b. iCONDITIONAL USE PERMI :SITE LOCATION AND DESi '(1) This irregularly-shape Palma Avenue, a ma of Brookhurst Street) (REQUEST: (2) The petitioner reques 18!08.030.040.0402 f .BACKGROUND: 41 TNic .......o H( .r .1..,,.a (7) The floor plar (Exhlbit No. 2) indicates a large multi-function training room, six administrative offices, a small activityroom, a kitchen, two'riurse stations, two quiet rooms'; storage'and restrooms. (8) Vehicular access to the' property is provided by two driveways from La Palma Avenue:.. Plans indicate a total of 33 on-site'parking spaces for this office building. Code requires 31 spaces based on 1 space per employee (10'employees/10 spaces), 1 space per 10 clients (200 clients/20 spaces) plus 1 space for on-site loading and unloading. The parking ratio for child daycare,requirements was used due toAperational similarities. '(g) The petitioner is not requesting signage for this facility at this time. Staff is recommending a condition of approval that any future freestanding or wall signs be submitted; to the Planning Services Division for review and approval prior to the issuance of'sign permits. (10) The elevation plan (Exhibit No. 3) indicates the building is constructed with stucco and wood siding. The only proposed modification to the exterior!of the building includes widening of the entry doors to provide convenient accessibility for the elderly clients. sr8823av Page 1 ^~ ~,R ~'~ ~ a"" _ 5 ~ '. .~ ~~ ts~ ? ~ `+'~~~ tr.3~ ~ ~ ry , r ~~ ~~~~~ f" rs7 v z4.2.~-~ : ~.~ ss~ ^ ~~ g rt~ - ~ f~31,~. ~~ ~ ~ ~~ ~~ ~ ~ ~ -C,,,~ku~ k ~ z 4 } „/ a.m. to 5 p.m., Monday through Friday,: wilt 10 full-time staff members. :'Services would services, nursing services, physical, occupi planned. recreational and social activities, h transportation to and from the center, 'All cl petitioner has indicated tha€ADHC is licens Services and certified by the: CaliforniaDeF ENVIRONMENTAL IMPACT ANALYSIS: (12) The Planning Director's authorized rep~ese falls within the definition ofGategorical'Exe Guidelines and is therefore; exempt from F EVALUATION: (13) The establishment of an adult day health c~ subject to the approval of a conditional'Lse proposed use as conditioned would be core residential uses and would provide an esse (14) Staff believes that the petitioner has demot passenger loading and unloading areas far appropriate for an adult day care facility.; S permit. ' Page 2 FINDINGS: (15) ;Beforeth fact) that 1 (a) Tha by jl Peri Page 3 [DRAFT] RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04930 BE GRANTED (2145 EAST LA PALMA AVENUE) WHEREAS, the Anaheim 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: THE WESTERLY 115.36 FEET OF THE SOUTH 281.00 FEET OF THE PROPERTY DESCRIBED AS FOLLOWS: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 51, PAGE 10, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 157 OF TRACT NO. 2093, AS SHOWN ON A MAP THEREOF, RECORDED IN BOOK 76, PAGES 45 TO 48, INCLUSIVE, MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 0° 21' 35" EAST 640 FEET TO THE SOUTH LINE OF SAID SECTION 5; THENCE NORTH 89 ° 46' 20" EAST ALONG SAID SOUTH LINE 255.73 FEET TO THE SOUTHERLY PROLONGATION OF THE WESTERLY LINE OF LOT 1 OF SAID TRACT NO. 2093; THEN NORTH 0° 21; 35: WEST 640 FEET TO THE SOUTHEAST CORNER OF LOT 159 OF SAID TRACT NO. 2093; THENCE SOUTH 89° 46' 20"WEST 255.73 FEET TO THE POINT OF BEGINNING. .EXCEPTING THEREFROM THOSE PORTIONS OF SAID LAND CONVEYED TO THE STATE OF CALIFORNIA, BA GRANT DEED, DATED NOVEMBER 5, 1996, AND RECORDED MAY 8, 1997, AS INSTRUMENT NO. 19970213742, AND BY A QUITCLAIM DEED, DATED NOVEMBER 5, 1996, AND RECORDED DECEMBER 23, 1997, AS INSTUMENT NO. 19970659507, BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 to wit: to permit an adult day health care center. 2. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the proposal is similar to and compatible with other permitted and conditionally permitted uses in the C-G (BCC) (General Commercial; Brookhurst Commercial Corridor) Zone and that the adult day health care facility would be similar to the previous use of the building as an office. Cr\PC2004-.doc -1- PC2004- 3. That the proposed use will not, under the conditions imposed, adversely affect the adjoining office, commercial and residential land uses nor restrict the growth and development of the area in which it is proposed to be located. 4. That the size and shape of the site for the proposed use is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the peace, .health, safety and general welfare. 5. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area based on the proposal's method of operation whereby clients of the facility would arrive and depart via shuttle. 6. 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. 7. 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 Planning Commissicn 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 maximum number of clients at this adult day health care center shall be limited to 200; and that the hours of operation shall be limited to the following as stipulated to by the petitioner: Monday through Friday: 8:00 a.m. to 5:00 p.m. 2. That no portable signs shall be utilized to advertise the business. All permanent signs shall be submitted to by the Planning Services Division for review and approval. Any decision made by said Division may be appealed to the Planning Commission as a'Reports and Recommendations' item. 3. That due to the change in use and occupancy of the building, plans shall be submitted to the Building Division showing compliance with minimum standards of the City of Anaheim. The plans shall be prepared by a licensed architect and the appropriate permits shall be obtained for any necessary work. 4. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 5. That all clients served by this facility shall arrive and depart by public or private bus shuttle, as proposed by the project applicant. 6. That the project shall provide an-site passenger loading and unloading in a manner acceptable to the City Traffic and Transportation Manager. Such information shall be specifically shown on the plans submitted for building permits. 7. 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. -2- PC2004- 8. That four (4) foot high address numbers shall be displayed on the building roof in a contrasting color to the roof material. The numbers shall not be visible to the street or adjacent and nearby °" properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval 9. That if the business is equipped with an alarm system (silent or audible) aBurglary/Robbery Alarm Permit application shall be completed and submitted to the Police Department. 10. 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 review and approval by the City Traffic and Transportation Manager. 11. 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 471 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 12. That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which .plans are on file with the Planning Department marked Exhibit Nos. 1, 2 and 3, and as conditioned herein. 13. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 6, 8, 9, 10 and 11, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 (Extensions of time to comply with conditions of approval) of the Anaheim Municipal Code. 14. That prior to final building and zoning inspections or prior to commencement of the activity authorized by this resolution, whichever occurs first, Condition No. 12, above-mentioned, shall be complied with. 15. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 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. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2004- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. ' CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held an December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2004. 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No. 72 TENTATIVE TRACT MAP NO. 16810 - TO ESTABLISH A 9-LOT COMMERCIAL/RESIDENTIAL MIXED USE SUBDIVISION ON PARCELS A1, A2, AND A3. TENTATIVE TRACT MAP NO. 16606 - TO ESTABLISH A 8-LOT, 133-UNIT COMMERCIAL/RESIDENTIAL MIXED USE SUBDIVISION ON PARCEL D. REQUESTS REVIEW OF FINAL SITE, FLOOR, ELEVATION, ROOF-MOUNTED EQUIPMENT, AND LANDSCAPE PLANS FOR PARCEL D. Parcels Al-A3 and Parcel D within Downtown Anaheim ~sos ITEM N0. 10 Staff Report to the Planning Commission December 13, 2004 :Item No. 10 10a.' ENVIRONMENTAL IMPACT REPORT'NO. 189 - (Motion) 'ADDENDUM TO KOLL ANAHEIM CENTER (PREVIOUSLY-CERTIFIED) 10b.''fTENTATIVETRACTMAPN0.16606 (Motion) 10c. ' TENTATIVE TRACT MAP N0. 16810 (Motion) 10d. i FINAL PLAN REVIEW N0. 2004'-00009 -REQUEST FOR (Motion) ':REVIEW AND APPROVAL OF FINAL: PLANS FOR CONSTRUCTION OF A PLANNED(MIXEDIUSE DEVELOPMENT'ON PARCELS A AND D WITHIN`.THEDOWNTOWN'MlXED USE OVERLAY ZONE + 10e. REVIEW AND RECOMMENDATION'OFCONCEPTUAL (Motion) LANDSCAPEAND AMENITY PLANS~FOR PARCELS Ai-A3 SITE LOCATION AND DESCRIPTION::'. PARCELS Al - A3 (Tentative Tract Maa No. 16810) (1) This 2.5-acre area is located at the southwest comer of Anaheim Boulevard and Center Street Promenade, with frontages of 173 feet on the west side'of Anaheim Boulevard, 429 feet on the north side$f Broadway, and 2133 feet on the south side of Center Street Promenade'(Parcels Al - A3 within Downtown Anaheim). PARCEL D7Tentative Tract Mao No. 16606) This 2.9-acre area is located at the southeast comer of Harbor Boulevard and Lincoln Avenue, with frontages of 377 feet on the east side of Harbor Boulevard and 233 feet on the south side of Lincoln Avenue; (Parcel Dwithin Downtown Anaheim). '. RPfII IFCT• (2) The petitioner requests approval bf the following: Tentative Tract Mao No. 16606 - to establish a 5-lot, 135-unit commercial/residential mixed use`subdiviston for Parcel D. Tentative Tract Mao`No.16810 - to establish a 11-lot planned mixed-use residential/commercial subdivision for Parcels Al - A3. Final Plan'Review No. 2004-00009 -for review and'approval of final site, floor, parking, alevation,'roof-mounted equipment, and pedestrianand vehicle circulation plans to allow for construction of a new Planned Mixed Use Development on Parcel D, and review of final landscape and amenity plans for Parcels Al - A3, withinDowntown Anaheim: Petitioner also requests Planning Commission review and recommendation to the Anaheim Redevelopment Agency of basic landscape and amenity concept drawings for a Planned Mixed Use Development for Parcels Al - A3 withimDowntown Anaheim. sr2169ds Page 1 Staff Report to the Planning Commission December 13 2004 Item No. 10 'BACKGROUND: (3) Parcel D is currently a vacant, undeveloped property and Parcels Al - A3 are currently.: developed with!a parkinglot and vacant land. These properties are zoned C-G (DMU) (General Commercial; Downtown Mixed Use Overlay). The Anaheim General Plan Land Use Map designates these properties for Mixed Use land uses. These properties are also located within he Alpha towntown Redevelopment Project Area (4) On October 29 2002, the City Couhbil approved a Disposition and bevelopment Agreement (DDA) between the Anaheim Redevelopment Agency (ARA) and CIM California Urbart Real Estate Fund,;LP (CIM).! On June 17, 2003, he City Council approved a first amehdment to the DDA, iOn September 28, 2004, the City Councilapprovedan Amended and Restated. DDA (Parcels A, B and C) with: CIM Urban Real Estate Fund, LP and an Amended and' Restated DDA (Parcel D) with Crescent Plaza Condominiums,!LP. The agreements provide for the conveyance of ARA-owned property and for the'construction of a mixed-use project located within DowntowrnAnaheim.'These properties are located within the Downtown Sub-area of Redevelopment Project Alpha, {5) The following zoning actions pertain: to these properties: i (a) ;Conditional Use Permit No. 3286 (to establish a 14-lot commercial subdivision for a portion of Downtown Anaheim and to permit and govern the`construction of a commercial office and retail,center, including three restaurants with on-sale alcofiolic beverages, 200 room hotel, and a 2,500 seat theater with waiver of required lot frontage): was approved by the City Council on August 26, 1990. (b) I The establishment of the Downtown Mized Use (DMU) Overlay Zone was approved by the City Cpuncil'on August 19, 2003.: The DMU Overlay zone permits the orderly development of "Planned Mized-Use Developments" subjecCto a final plan review process, limitations'on specific uses, and design guidelines. (c) On September 20,2004, the Planning Commission reviewed and approved final plans for the construction of a' Planned Mixed Use bevelopment for Parcels Al - A3 within Downtown Anaheim.'The Commission also'reviewed and recommended to the Anaheim Redevelopment'Agencyopproval ofbasic concept drawings fora Planned Mixed Use Development for Parcels A3 and D. DEVELOPMENT PROPOSAL: PARCELS A1- A3 (6) The petitioner proposes to establish`a 11-lot planned mixed-use residential/commercial' subdivision forParcels Al -A3. The tentative map andbuilding section planindicates the vertical configuration of all four floors. Tentative Tract Map No. 16810 indicates the following characteristics: Page 2 i Lot 'Floors Land Use 1 Ground below Groundi 2 Under round arkin Parkin 3 Public Plaza = Recreational Plaza Area 4 Al i- Retail Retail 1 5 A2 -Retail i Retail 6 A3'!- Retail = Retail 7 A3 - Herita e Center Public Institutional 8 Al -'Residential i Residential 58 a "artment units 9 A2 -:.Residential Residential 60 a artment units I 10 A3 -(Residential Residential 64 a artment units 11 iRoof Mechanical E ui ment No. of ' Total Floor Area Lot 'Density (Building.:: No.`of Rec. Stories Sq. Ft.` Ratio Cov. (du./ac.) ?Height Units Leisure FAR Area 4 331,962 2.6 77% i 45 57 feet ' 135 8,500 s.f.* .Page 3 Unit Type:: Total No. of Units Sq. Ft. Noy of Bedrooms No. of Bathrooms A 60 :1,554 3 2 B ! 48 ,1,035 2 2 C 9 1,432 2 2 Live/Work' ': 18 1,396 1 2 Total ;135 Staff Plani Dece Item ENVIRONMENTAL IMPACT ANALYSIS (15) The applicant has prepared a prdject-specific Initial Study and uppr indicating that the previously-approved Addendum for the Koll Anahi previously-certified Environmental Impact Report No:' 189 serves as environmental documentation for this request for tentative tract map: to permit the construction of two Planned Mixed Use Developments( Commission has previously reviewed and'determined that the overa development, including all proposed multi-story mixed-use buildings Downtown Mixed Use'Overlayzone, havebeen environmentally-cle~ environmental documentation. EVALUATION (i6) ,The Anaheim General Plan Land Use Element Mapjcurrently design for Mixed Use land uses. The proposed 5-lot and 11-lot subdivislbnd construction of planned mixed use developments would be in confor Use designation. (17) The implementing DMU Overlay Zone requires Final Plans to be suE Commission for review and apptbval as a''Reports and Recommen issuance of a grading or building: permit. Ifthe Final Plans are found with the DMU Overlay Zone and Design Guidelines, the Planning Cc :approve the final plans. ...,. .. .. .. a.__.._ ..__....__ _~_.~ ...... ..............~...~ amenities, and exterior lighting plans will tie submitted for Planning Commission review at a later date. This may be submitted on a comprehensive basis rather than' by individual parcel. Final plans will also be submitted at a later date for Parcel C. (20) The proposed parking facility on the property would include 4 handicapped stalls, 113 tandem stalls, 113 individual stalls, and 16`single stalls, for a total of 24ti'new on-site parking spaces for the residential units. Tne ratio of parking stalls per unit would be 1.82. When evaluated comprehensively, the parking provided throughout the project meets the projected demand and therefore'does not require a waiver. (21) The project has been reviewed for consistency with the DMU Overlay Zone pertormance standards and DesignGuidelines and for compatibility with surrounding uses in the Downtown area. The'submitted plans are consistent with the intent of the.: Guidelines so as to (i) encourage superior design;mixed-use development projects that combine residential with non-residential uses as a means to continue downtown revitalization,; (ii) encourage a full array of'diverse lahd use types and structures, to ensure that the appearance and effects of buildings, improvements, and uses are harmonious with the character of the area ih' which they are located, and (iii) ensure consistency with and,implementi the provisions of the Redevelopment Plan for the!Alpha Downtown Redevelopment Project Area and related plans for Downtown Anaheim. t Page 5 (22) This'proF The Coq indicating owned pi .........within. Dc FINDINGS (23) The'Stati to include finding tfi consister Furtfier, 1 when dei t 'F 2. _'il e 3. l 4. l 5. "1 c c o. ~ ~ ia~ a ~c uGa~yg,ui a iG auuurnaiun ui use type orirnprovemencs is nKeiy co cause serious:public health problems. 7. That the design df the subdivision or the type of .improvements will ctihflict with i easements, acquired by the public aflarge, for access through or use of property within the proposed subdivision. RECOMMENDATION: (24) Planning Department staff recommends that, unless additional or contrary information is received at the public meeting, and based upon the evidence submitted to the Commission, including the evidence presented in his staff report, and oral and written evidence presented at the public hearing, thaf the Planning Commission: (a) By motion, determine that the addendum to previously-certified EIR No. 189 is adequate to serve as the appropriate environmental documentation for this i request. (b) By motion, a 'rove Tentative Tract' Map Nosy 16606 and 16810 by adopting the attached tract reap excerpts contained herein: Page 6 :Staff Report to the Planning Commissioh December 13, 2004 Item No. 10 (c) By motion; a rove Final Plan tJo. 2004-00009 (as shown on Final Plan Nos. 1 through 19 on file in the Planning Department) based upon a finding thatthe Final Plans are in cohformance with the DMU Overlay Design Guidelines as noted in paragraph no. (21) above. (d) By motion, recommend to the Anaheim Redevelopment Agency approval of :basic landscape andiamenity concept plays on Parcels Al - A3 within !bowntown Anaheim. Page 7 December 10, 2004 Anaheim Redevelopment Agency Elisa Stipkovich 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of December 13, 2004. 10a. CEQA Environmental Impact. Report No. 189 (Previously-Certified and Addendum To Koll Anaheim Center 10b. Tentative Tract Mao No. 16606 10c. Tentative Tract Map No. 16810 Owner: Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, P.O. Box 3222, Anaheim, CA 92803 Agent: .Mike McGuirk, CIM Group, 6922 Hollywood .Boulevard, Ninth Floor, Los Angeles, CA 90028 Location:. Tentative Tract Man No. 16606 -Property is approximately 2.9 acres,: ', located at the southeast corner of Harbor Boulevard and Lincoln Avenue (Parcel D within Downtown Anaheim). i Tentative Tract Mao No. 16810 -Property is appro>imately 2.5 acres; located at the southwest corner of Anaheim Boulevard and Center Street Promenade (Parcels Al-A3 within Downtown Anaheim). ' Tentative Tract Map No. 16606 -Request to establish a 11-lot, 135-unit commercial/residential mixed use subdivision on Parcel D. Tentative Tract Map No. 16810 - Request to~establish a 5-lot commercial/residential mixed- " use subdivision on Parcels A1, A2, and A3. Request review of final site, floor, elevation, and roof-mounted'equipment plans for Parcel D. ACTION: Commissioner XkX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed'the proposal to establish a 11-lot, 135-unit commercial/residential mixed use subdivision on Parcel D-and does herby approve the Environmental Impact Report Nq. 188 (Previously-Certified) and Addendum To Koll Anaheim upon finding thatthe previously-approved Addendum for" the Koll Anaheim Center Environmental Impact Report serves.as adequate environmental documentation for this request for tentative tract maps and final plan review to permit the construction of two Planned Mixed Use Developments. The Planning Commission has previously reviewed'and determined that the overall specific scope of development, including all ,proposed multi-story mixed-use buildings and uses within the Downtown Mixed Use Overlay zone, have been environmentally-cleared by this prior environmental documentation. A project-specific Initial Study has been prepared and additional environmental review and mitigation has been provided as needed pursuant td the procedures outlined for subsequent projects under a Program EIR. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION . _ CARRIED, that the Anaheim City Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map No. 16606, to establish an 11-lot, 135-unit commercial/residential mixed use subdivision on Parcel D subject to the following conditions: 1. That prior to issuance of a certificate of occupancy, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. 2. That prior to issuance of a certificate of occupancy, all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. 3. That a maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attomey, Gity Engineer, and Anaheim Redevelopment Agency. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 4. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attomey, to complete the required public improvements at the legal property owner's or Anaheim Redevelopment Agency's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attomey and City Engineer and then recorded concurrently with the final map. 5. That the legal property owner shall prepare reciprocal access, parking, maintenance and easement agreements to complete the required improvements. Said agreements shall be submitted to the Public Works Department, Subdivision Section approved by the City Attomey, City Engineer, and Anaheim Redevelopment Agency and then recorded concurrently with the final map. 6. That prior to the issuance of building permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: _ • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximiang permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. o Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and o Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Z That prior to issuance of certificate of occupancy, the applicant shall: m Demonstrate that all structural BMPs described in the 'Project WQMP have been constructed and installed in conformance with approved plans and specifications. e 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. o Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 8. That all units shall be assigned street addresses by the Building Division. 9. That the developer shall pay the Sewer Capacity Mitigation Fee for the Old Town/Basin 8 area. 10. That prior to the issuance of a building permit, the developer shall pay the Drainage Impact Mitigation Fee for the South Central area. Credit will be applied for the current development. The project architect or engineer shall document the existing and proposed impervious ground areas. 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. 11. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 12. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if cont(nued use is necessary or abandoned 'rf the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 13. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands.. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 14. That the legal property owner shall imevocablyoffer to dedicate to the City of Anaheim (Water Engineering Division) a five (5) foot wide easement around large above-ground water meters and other public water facilities. 15. That prior to final tract map approval, Condition Nos. 3, 4, 5, 8, 9, 11, 12, and 14, above-mentioned, shall be complied with. 16. That 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. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission CR DM.doc December 10, 2004 Anaheim Redevelopment Agency Elisa Stipkovich 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of December 13, 2004. 10a. CEQA Environmental lmoact Report No. 189 tPreviously-Certified ' and Addendum To Koll Anaheim Center 10b. Tentative Tract Mao No. 16606 10c. Tentative Tract Map No. 16810 Owner: Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, P.O. Box 3222, Anaheim, CA 92803 Agent:- Mike McGuirk, CIM Group, 6922 HollywoecJ Boulevard, Ninth Floor, :Los Angeles, CA 90028 Location: Tentative Tract Mao No. 18606- Property is approximately 2.9 acres, located at the southeast cornerof Harbpr Boulevard and Lincoln Avenue (Parcel D within Downtown Anaheim). Tentative Tract Map No: 16810 -Property is approximately 2.5 acres, located ~t the southwest corner of Anaheim Boulevard ahd-Center Street Promenade (Parcels A1-A3.wlthin Downtown Anaheim), Tentative Tract Map No. 16606 -Request to establish a 11-lot, 135-unit commercial/residential mixed use subdivision on Parcel D. Tentative Tract Map No. 16810 -Request to establish a 5-lot commerciaNresidential mixed- use subdivision on Parcels A7, A2, and A3. - Request review of final site, floor, elevation,, and roof-mounted equipment plans for Parcel D. AG~'ION: Commissioner XXX offered a motion, seconded by Commi~sloner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the prpposal to establish a 5-lot commercial/residential mtxed use subdivision on Parcels A1, A2, and A3 and does hereby approve the Environmental Impact Report No. 189 (Previdusly-Certifieil) and Addendum~To KQII Anaheim upon finding thafthe previously-a~proved 'Addendum for the Koll Anaheim Centel Environmental Impact Report serves as adequate environmental documentation for this request fol a tentative tract map and final pl~n review to permit the construction of a Planned Mixed Use Development. The planning Commission has previously reviewed and determihed tH,ai the overall specific scope of development, including all proposed multi-story mixed-use buildings and uses within the Downtown Mixed Use Overlay zone, have been environmentally-cleared by thisprior environmental documentation. A project-specific Initial Study has been prepared and additional environmental reviewand _, mitigation has been provided as needed pursuant to the procedures outlined for subsequent projects under a Program EIR_ - , Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION. ; . CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map No. 18810, to establish a 5-lot commercial/residential mixed- use subdivision on Parcels A1, A2, and A3 subject to the following conditions: 1. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department, 2. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 3. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim a five (5) foot wide easement for water service mains and/or an easement for large meters and other public water facilities. 4. That prior to application for water meters, fire line or submitting the water improvement . plans for approval, the developerlowner shall submit to the Public Utilities Water . ,Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands.. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A:6 of the Water Utility Rates, Rules and Regulations 5. That prior to issuance of a certificate of occupancy, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. 6. That 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 approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 7. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attomey, to complete the required public improvements at the legal property owner's or Anaheim Redevelopment Agency's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attomey and City Engineer and then recorded concurrently with the final map. 8. That the legal property owner shall prepare reciprocal access, parking, maintenance and easement agreements tp complete the required improvements. Said agreements shall be submitted to the Public Works Department, Subdivision Section approved by the City Attomey, City Engineer, and Anaheim Redevelopment Agency and then recorded concurrently with the final map. 9. 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: • Addresses Site Design :Best Management Practices (BMPS) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPS as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPS. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPS, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPS. 10. That prior to issuance of 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. • Demonstrate that the applicant is prepared to implement all non-structural BMPS described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPS. 11. That all units shall be assigned street addresses by the Building Division. 12. That the developer shall pay the Sewer Capacity Mitigation Fee for the Old Town/Basin 8 area. 13. That pdor to the issuance of a building permit, the developer shall pay the Drainage Impact Mitigation Fee for the South Central area. Credit will be applied far the current development. The project architect or engineer shall document the existing and proposed impervious ground areas. '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 14. That prior to final tract map approval, Condition Nos. 1, 2, 3, 6, 7, 8, 11, and 12, above- mentioned, shall be complied with. 15. That 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. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission CR DM.doc ATTACHMENT -ITEM N0. 10 Sent via Email IVI~I!'I®RAl~Di.TIV~ . C®IVYl\~IUIVIT~' DEVEY,®Pli'1rEIVT' IDEPAI2T1VI1J1VT DATE: November 30, 2004 TO: David See Senior Planner, Planning Department FROM: Kerry Kemp Senior Project Manager, Community Development SUBJECT: Plannine. Commission December 13.2004 Tentative Tract Map No. 16606 100 South Hazbor Boulevard Tentative Tract Map No. 16810 110 - 160 West Center Street Promenade and 215, 225 South Anaheim Boulevazd The Department of Community Development endorses the request that the Planning Commission establish two commerciaUresidential mixed-use subdivisions within the Downtown Sub-area of Redevelopment Project Alpha and the Downtown Mixed-Use Overlay Zone ("Overlay Zone"). The Overlay Zone allows mixed-use projects within the azea that is generally bounded by Anaheim Boulevazd, Broadway, Hazbor Boulevard and Lincoln Avenue. The Overlay Zone pemuts a variety of uses, including residential and commercial. The Redevelopment Agency has entered into two Disposition and Development Agreements with CIM Group for the construction of mixed-use projects within the Overlay Zone. The property related to Tentative Tract Map No. 16606 is approximately 2.9 acres and is located at the southeast corner of Hazbor Boulevazd and Lincoln Avenue (CIM/Pazcel D). The property related to Tentative Tract Map No. 16810 is approximately 2.5 acres and is located at the southwest corner of Anaheim Boulevazd and Center Street Promenade (CIM/Pazcels Al, A2 and A3). Agency staff also supports the request for approval of final site, floor, elevation, .and roof- mounted equipment plans for CIM/Pazcel D, and for approval of hazdscape/landscape plans for CIM/Pazcel A. Thank you for your assistance and consideration. If you have any questions or need more information regazding this matter, please contact me at extension 4368. F:~DOCSDEVSVCSVAMOS~RI4.t4B308.000 ITEM N0. 11 ~~ JACKSON WAV 64-35 o RM-1200) 49fi ill T RCL 62-63.26 RCL 63-64-35 (Res. a! Int. IG RM4200) RCL 5fi-57-64 CUP 149fi CUP 761 CUP 477 LA BELLE FONTAINE MOBILE HOME ESTATES -G 2.63.26 fi-57-64 3-fi4-35 to RM-1200) I<~~ ' RcL bi-63.2a ~ I RLL fi3-fi4-]5 IRes. of lnl.b RM-1206) CUP 149fi CUP i]] MO61LE HOME PggK GG ('..(~ PI:i FJ.RIAJ 1 ,___ PARCEL B c-c ~ m TTM 16809 D RCL 99-00-8 (~ RCL fib-fig-74 _ (Res of Intent to CL) RcL zooa-oo13s ~ p CUP 2004-04933 ~ CUP 1230 r VAR 4342 VAR 2060 I D VAR 1145 5 ~ VAR 721 ~ (RCL 60-61-95) (CUP 780) ; (CUP 198) (~-162'-~ CUP 167) ANA EIM VACATION PARK PARCEL A C-G RCL 2004-00136 RCL 65-66-99 (RCL 60-61-95) CUP 2004-04933 C-G CUP 2853 J RCL 66-67-21 (GUP 2764) RCL 59-fi0-36 (CUP 760) CUP 2003-04676 CUP 198 ( ) CUP 114 VAR 3573 {CUP 167) VAR 21 fit S TTM 16809 VAR 1919 S VAR 4342 (RCL 56-57-7) REST. (CUP 564) (VAR 1988 S (BAR 1663 S (CUP X-16) aG ISUP 2-561 S G HOPPIN ncL e¢eTS> RCL S¢60.]fi P CEMER cu ]rn vAfl Sloe Vhfl Ifi5] nRIVEiN REST. LINCOLN AVENUE C-G G RLL fi6~69~5U3G CUP 294> TRAVELOOGE c-c RCL 61-fit-]3 -LUP1651- CUP ibi KING'S MOTEL cc cuP u3e RLL 6bfi2-]] LUP ifi4 GG GG RCL fit-fit-]3 RCL fit.62-T1 CUP 3559 CUP 4fi3 CUP 463 IVAR t95fi SMALL COMM. SHOPS GG RLL 96-99-12 RCL 59-fi0-t VAR 2656 S VAR 1956 TOWER RELOROS GG RLL 9fiA312 RLL 55-56-]] CUP 2ID5 FURNITURE s7GRE GG RCL: RCL: (Ri IG RLI RCL CUP'. T-CUF Vi V PCN: T-PCP VI RMd RCL 9]~98~15 T-CUP 2604-04P" RPCN 266360( CVP 3669 VACANT Reclassification No. 2004-00136 Subject Property Conditional Use Permit No. 2004-04933 Date: December 13, 2004 Tentative Tract Map No. 16809 Scale: Graphic Q.S. No. 8 Requested By: LANE A. ANDERSON REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE C-G (GENERAL COMMERCIAL) ZONE TO THE RM-3 (RESIDENTIAL, MULTIPLE-FAMILY) OR LESS INTENSE ZONE. REQUEST TO PERMIT A 102-UNIT, ATTACHED RESIDENTIAL PLANNED UNIT DEVELOPMENT IN THE RM-3 ZONE TO ESTABLISH A 6-LOT, 102-UNIT, AIRSPACE CONDOMINIUM SUBDIVISION. Parcel A: 221 North Beach Boulevard; Parcel B: 311 North Beach Boulevard. 1607 Staff Report to the Planning Commission December 13, 2004 Item No. 11 11a. CEQA NEGATIVE DECLARATION (Motion foc continuahce) 11 b. :RECLASSIFICATION NO.`2004-00136 11c. `CONDITIONALUSE'PERMITN0.2004-04933 11d. 4TENTATIVETRACT MAP N0 16809 `SITE LOCATION AND DESCRIPTION: (1) Parcel A: This irregularly-shaped :56-acre property has a frontage of 150 feet on the west side Beach Boulevard, a maximum depth of 162. feet, and islocated 665 feet north of the centerline of Lincoln Avenue (221 North Beach Boulevard). Parcel B: This irregularly-shaped 7.95 acre property has a frontage of 505 feet on the west side Beach Boulevard, a maximum depth of 591 feet, and is located 815 feet north of the centerline of Lincoln Avenue (311'1Vorth Beach Boulevard). 'REQUEST: (2) The petitioner requests approval of the following: Reclassification No. 2004-00136 - to reclassify the subject properties from the C-G (Commercial General) zone to the RM-3 (Residential; Multiple-Family) or a less intense zone. Conditional Use PermiFfJo. 2004-04933 - to permit a 102-unit, attached residential planned unit development under the authority of Section No. 18:06.160.010 Tentative Tract Mao No 16809 - to establisfi a 6-lot, 102-unit, attached airspace condominium subdivision. BACKGROUND: `(3) Parcel A is currently developed with adrive-through restaurant and Parcel B' is currently developed with a recreational vehicle park. `Both properties are zoned C-G'(General Commercial)..: The Lard Use Element Map of the Anaheim General Plan designates these properties for Low-Medium Density Residential land uses. :RECOMMENDATION: (4) That the Commission, by motion, continue this item to the January 10, 2005; Planning Commission meeting sb that the item can tie re-advertised to include a waiver of dedication of right-of-way requirements. Sr511Tjb.doc Page 1 ATTACHMENT - ITEM N0. 11 ti DEC 2004 Cheryl Stump PLANNIhD ~ fl 0 ®K F ~ E L ~ Project Manager Df 7 2 1 f, DEPAR7(tgENT re~ t4 00.1615 Fax 71-0.427.6873 ~ M ~ 6 M E fi soun~tawo eus~wFSS cROUr ~ ~ `~4'SZSl4Z~~L~'' ! I v t+ I h o a k[ f c r e n c a 3090 Bristol Street Sulk 200, Costa Mass, CaBfamW 42626 hrooklieldsauthkand:mm Jonathan: We regret to inform you that we will be requesting a continuance on'i? Map 16809 from the December 13`h Planning Commission Meeting. We would like to have this item added to the agenda for the January 10, 2005 Planning Commission Meeting. We apologize for any inconvenience this may have caused. Please call me if you have .any questions or wish to discuss this matter further. Cheryl ITEM N0. 12 ;.®.. ~qNr ~~ v \~~ 5 ^~ F O ~<MDL s~ s r ~ 9~Ty ?o~sz tiq~~ -~,~ F~_ -~~ ~F~~ ,~ y/iSJ ~~~~ / , :. _o ~J ?~ ,~ .- W N W ~ ~O AREA 2 C RS-2 ~ S. C TTM16818 ^^~`1' 0 R S LL. RCL 2004-00138 ~o 2 yFR 4'.o VAR 2004.04634 M152004.00092 I'qp I 4 40 6 VACANT ~'LT RCL 53-54-2 CUP 4083 c~ ~< A 1 ~p0 ~~ RS 2 SMALLEND.F RMS TTM 16818 RCL2004-00138 VAR 2004-04634 1 MIS 2004-00092 VACANT Reclassification No. 2004-00139 Reclassification No. 2004-00138 Subject Property Variance No. 2004-04634 Date: December 13, 2004 Tentative Tract No. 1:6818 Tentative Tract No. 16817 Scale: Graphic Requested By: ANAHEIM REDEVELOPMENT AGENCY Q.S. No. 30 RECLASSIFICATION NO. 2004-00138 -REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTIES FROM THE RS-2 (RESIDENTIAL, SINGLE-FAMILY) ZONE TO THE RS-3 (RESIDENTIAL, SINGLE-FAMILY) OR A LESS INTENSE ZONE. RECLASSIFICATION NO. 2004-00139 -REQUEST RECLASSIFICATION OFTHE SUBJECT PROPERTIES FROM THE RS-2 (RESIDENTIAL, SINGLE-FAMILY) ZONE TO THE RS-3 (RESIDENTIAL, SINGLE-FAMILY) OR A LESS INTENSE ZONE. VARIANCE N0.2004-04634-REQUEST WAIVERS OF: (A) LOTS ADJACENT TO FREEWAYS, (B) MINIMUM FRONTYARD SETBACK, (C) MINIMUM REAR YARD SETBACK, AND (D) REQUIRED IMPROVEMENT OF PRIVATE STREETS TO CONSTRUCT 17 DETACHED SINGLE-FAMILY HOMES. TENTATIVE TRACT MAP NO. 16817 - REQUEST TO ESTABLISH A 5-LOT, 5-UNIT SINGLE-FAMILY RESIDENTIAL SUBDIVISION. TENTATIVE TRACT MAP NO. 16818 - REQUEST TO ESTABLISH A 12-LOT, 12-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL SUBDIVISION. 1608 ITEM N0. 12 ITEM N0. 12 12a. CEOA NEGATIVE DECLARATION 12b. RECLASSIFICATION N0 2004-00138 12c. RECLASSIFICATION NO'2004=OD139 12d. VARIANCE N0: 2004-04634 12e. TENTATIVETRACT MAPt NO 1FiR17 (c) SECTION N0. 18.04.100.010 - Minimum rear vard setback 15 fE required; 10 tos14 feet proposed):: (d) SECTION NO. 18.31.063.024 - Recuired improvement of private'i (2'sdewalks and 28 foot wide stre required; 1 sidewalk and 20 foot street proposetl) (c) Tentative Tracf Mao No. 16816 - to establish a' 12-lot, 12°unitsingle-family:' residential subdivision'and Tentative'Tract Map No. 16817 - to establish a 5 5-unit single-family residential subdivision. sr2168ds Direction GeneraCPlan Desi nation North, East, "and Wester) Low Densi Residential Sduth I-5 Freewa' Direction General'Plan Desi nation .North SR-91 Freewa East, South,''and West Low,Densi Residential (7) .Tentative Tract Map, No. 16818 indicates fi Lot No:,, Proposed Lot ~ Size (s,f.) (5,000 s.f, min: er Code Proposed lot' frontage on a private street'. Sp ft: mica. re d 1 7,935 80 2 5,323 56 3 ' 5,295 7r 57 4 5,071 56 5 t; 5,021 57 6 ' r 5,003 58 7'i "5,013 60 8 `5,125 64 9 ' '5,165 "- 67 10 i 6,432 73 11 6,674 ? 69 12' 11,900 45* AVG, i,163 : ,62 * A min cul-d imum frontage of 45 e-sac. feet is'permitted fd Page 3 4 '' 15 10 31 s 5 ':' 18 10-11 24+ 6 15 10-12 26! 7 17 10-14 23s 8 i6 10-18 17; 9 '' 18 t 10-21 14*' 10*' 27 !15-21 10*' 11 20 10-11 54 12 '' 160 ' 11-22 29'i AVG 29,6 11-15 28s * The structures on Lots 1 and 10 fronton Minot Street and Ventura Street, respectively. These houses would have a reversed building frontage orientation since the front yards i would be adjacent to the proposed private street. ** A rear yard setback waiver is being requested for Lots 9 and 10, PICADILLYPARCELS (10) The petitioner proppses to establish a 5-lot, 5-unit single family residential subdivision and reclassify the subject properties from the RS-2 to the RS-3 zone. The site plan (Exhibit Nos. 3 and 4) indicates that vehicular access to the development would be provided from. Picadilly Street, which is an existing public street. Each residence would include atwo-car garage and two'driveway spaces. (11) Tentative Tract Map No': 16817 indicates the following subdivisiort characteristics: `~Lof s ~Proposesl lots ~ ~ Proposed,lat a ~ ~~~Proposed'°~ ~~' nProposed lot Noy ~ ~~~ixe {sf) ~ ~~ ~ r frontage op-a pnVate~ ,~ ~~~ ~ max lot~epth ~ ~ ~ ~~ ~ , ~~caverage; ~ (5,000 s f min ~, sEreet~;,~ ~~ ~ , r~~ € ~ ~~ ~ ~ ,'{40~°lo~max per ~. r C l [ 5Aft GOde = ~ ~ s ~ ~O ~ ~,F..~,,~. ~.- e . o ® .~.- ~ ~ .an el[ n. ,~a. ~~ ;..~ ,fi r ~~ , od+s _ .~y 1 6,138 72 73 '21.1% 2 :5;602 72 78 124.7 3 5,664 73 78 :::22.9 4 ::5;488 73 76 ':25.2 5 5;480 (86 73 1:23.6 dVG;" %'~ ~:.5,6Z4 Z~ .. .~ _ .:;,'23,5 . ,. Page 4 (~L AR (1° .Staff Repc Plan No. of Units Sq. Ft.' No. of Bedrooms No. of Bathrooms 1 9 i 1,740 ' 3 2.5 2 8 2,008 4 2.5 'projecting'walls and'a variatiortin rooflines to break up the building mass; .Page 5 Staff Report to the Planning Commission December 13,2004 Item No. 12 ENVIRONMENTAL IMPACT ANALYSIS:' (15) Staff has reviewed the proposal and the Initial Study (a copy of which is available for revtew in the Planning Department) and finds' no significant environmental impact and," therefore, recommends that a Negative Declaration be approved upon a fintling by the Planning Commission that the Negative Declaration reflects the independentjudgmento - the ead agency; and that it has considered the proposed Negative Declaration together': with any comments received during the public review process antl further finding on the basis of the Initial Study and any comments received that there is no substantial evidenc that: the project will have'a significant effect on the environment. FEVALUATION: (16) The Anaheim General Plan Land Use Element Map designates these properties for Low Density Residential land: uses, with. a permitted density range of up to 6.5 dwelling units peracre. The;proposed RS-3 zone is a permitted implementation zone forthis designation. The petitioner proposes to subdivide these properties to establish a 17-lot,'. 17-unit single-family residential subdivision. The Ventura Street parcels would have a` gross denslry'of 5.7 dwelling units per acre, and the Picadilly Parcels would have a gross density of 5.5"dwelling units per acre, consistent with the General: Plan land use designation of Low Density Residential and the RS-3 zoning designation for this site and would be compatible with the existing residential developments infthe area .Moreover,:::.. the;project would convert existing vacant residential properties into a high quality, attractive, for-sale housing project which would be compatible with the surrounding singlf family residential neighborhoods. `. (17) The project site contains 2.8 of the'4.9 acres identified as a portion of Site No. 99 of the' West Anaheim Area within the Housing Element with a'densiry range of up to 6 dwelling` units per acre: Thus, the proposed 17 units would result in an increase in the City's housing stock'and would be consistent with the goals of the Housing Element. ((18) Waiver (a) pertaining to minimum lot depth adjacent to a freeway has been deleted subsequent to advertisement, (19) Waivers (b) and (c) pertain to minimum front and rear yard setbacks. Code requires 15 feet for both the front and rear yard setbacks`. A 10 to 14-foot rear yard setback is proposed for Lots 9 and 10 (Ventura parcels] and as rear yard setback of 10 to 12 feeffor Lots 1, 4, and 5 (Picadilly parcels).', Lot 1 of the Picadilly parcels also proposes a front yard setback of 12 feet, Code requires a front and rearyard setback of 15 feet in the RS 3 zone. The petitioner has submitted the attached Justification Form indicating that compliance with this setback requirement would be difficult due to the close proximity of the`houses to the freeway and narrow depth "an irregular configuration of thelexisting lots resulting from'the freevuay widening.Further, ea significant amount of side yard area in excess of Code requirements would be provided to compensate for these front and rear: yard deficiencies. Due to the unusual shape and location of the subject properties, staff recommendsa royal of this waiver request: Page.. Staff Report to the Planning;Commission December'13, 2004 ' Item No. 12 (20) .,Waiver (d) pertains to required;improvement of the'private streets. Public Works 'Departmeht Standard Detail No. 162 requires a minimum private street width of 48'feet '(28-foot wide streetand 10-foot wide sidewalks/parkways on both sides] Plans indicate a new 35-foot wide private street (5-foot wide planter adjacent to the freeway, 20-foot !wide street, 6-foot wide parkway, and 4-foot wide sidewalk) for Tentative Tract Map No. :16818. The petitioner has submitted the attached Justification Form intlicating that :compliance with this'!standard would be difficult due'to the close proximity of the houses o the freeway, narrow depth df the existing properties, and that the street would have 'houses fronting on only one side of the street. Due'to the unusual shape and location of ithe subject properties, Planning and Public Works'Department staff recommend aooroval rof this waiver request. (21) 'The Community Developmentbepartment has submitted the attached memorandum 'stating that the developer, Brookfield Homes, has executed a Disposition and :Development Agreement with the Anaheim Redevelopment Agency focYhe development of a combination affordable and market rate, for-sale single family homes. The :.Agreement was approved by the Redeveldpment Agency andj City Council on August 24, >2004 at alpublic hearing. The Community Development Department concurs with Planning Department staffs recommendation for approval. FINDINGS: (22) ;When practical difficulties or unnecessary hardships result from strict enforcement of the 'Zoning Code, a modification may be granted for the purpose of assuring hat no property, because of special circumstances applicable to it, shall be deprived of privileges 'commonly enjoyed by other properties inahe same Vicinity and zone. The sole purpose of any code waiver is to prevent discrimination and none shalt be approved which would !have the effect of granting a special privilege not shared by other similar; properties: Therefore; before any code waiver is granted by the Planning(Commisson, it shall'be shown: '(a) That there are special circumstances applicable to the property such as size;: shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and' `(b) That strict application of the Zoning Code deprives the property of privileges enjoyed by otfier properties under identical zoning classification inahe vicinity: (23) !The State Subdivisidh Map Act. (Government Code,' Section 66473.5) makes it mandatory (to include`in all motions approving, or recommending approval of a tract map, a specific `finding that the proposed Subdivision together with'its design and improvement is 'consistent with the'Citys General Plan. Further, the law requires that the Commission/Council make any of the following findings when denying or recommending denial of a tract map: ,1. That the proposed map is not consistent with'applicable.'General and Specific Plans. 2. That the design or improvement of he proposed subdivision is not consistent with applicable General and; Specific Plans. 3. That the site is not physically suitable for the type of development. ; Page 7 Staff Report tp the Planning Commission December 13;.2004 Item No. 12 4. That the site is not physically suitable for the proposed density of development. 5, That the design of the subdivision or the proposed improvements are likely to cause substantialenvironmental damage or substantially and avoidably injure fish or wildlife or their!habitat. 6. ; That the design of the subdivision or the type of improvements is likely to cause'. serious, public health problems. 7. That the design df the subdivision or the type of improvements will conflict with easements, acquired by the public atTarge, for access through or use: of property within'the proposed subdivision. RECOMMENDATION: (24) Staff recommends that,'unless additional ordontrary information is received'during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and opal and written evidence presented at the' public hearing, the Commission approve the petitioner's requesfby adopting the attached resolutions'for Reclassification Nds. 2004-00138 and 2004-00139, Variance No. 2004-04634;, and approve Tentative Tract Map Nos. 16817 and 16818, including the ,' findings and conditions contained therein. Page 8 [DRAFT] RESOLUTION NO. PC2004--"" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION N0.2004-00138 BE GRANTED (NO ADDRESSES -THE SOUTHERLY TERMINUS OF VENTURA STREET AND MINOT STREET AT THE I-5 FREEWAY) WHEREAS, the Anaheim 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: THAT PORTION OF LOTS 154 TO 157 INCLUSIVE OF TRACT NO. 2201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 63, PAGES 47 Tp 50 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF VENTURA STREET AS SHOWN ON SAID TRACT NO. 2201. SAID POINT BEING DISTANT THEREON SOUTH 33 DEGREES, 53' 13" WEST, 232.13 FEET FROM THE CENTERLINE INTERSECTION OF VENTURA STREET AND FALMOUTH AVENUE AS SHOWN ON SAID TRACT; THENCE SOUTH 67 DEGREES, 14' 00" EAST 221.27 FEET; THENCE SOUTH 66 DEGREES, 23' S3" EAST 68.71 FEET TO A POINT ON THE EASTERLY LINE OF LOT 157 OF SAID TRACT. SAID POINT BEING DISTANT THEREON SOUTH 00 DEGREES, 18'40" WEST, 84.84 FEET FROM THE NORTHEAST CORNER OF SAID LOT 157. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927. ZONE 6, MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0000121 TO OBTAIN GROUND LEVEL DISTANCES. ALL OF LOTS 11 THOUGH 19 INCLUSIVE OF TRACT NO. 2201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 63, PAGES 47 TO 50 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT 10 OF SAID TRACT NO. 2201, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE:- BEGINNING AT THE CENTERLINE INTERSECTION OF MINOT STREET, 60 FEET WIDE, AND FALMOUTH AVENUE, 60 FEET WIDE, AS SHOWN ON SAID TRACT NO. 2201; THENCE ALONG THE CENTERLINE OF SAIp MINOT STREET SOUTH 00 DEGREES 19' 48" WEST 97.73 FEET AND SOUTH 33 DEGREES, 52' 08" WEST 48.50 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 56 DEGREES 07' 52" EAST 30.00 FEET TO THE NORTHERLY CORNER OF LOT 10 OF SAID TRACT NO. 2201. SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 56 DEGREES, 07' S2" WEST, THENCE SOUTHERLY ALONG SAID CURVE 21.37 FEET THROUGH A CENTRAL ANGLE OF 14 DEGREES, 24' 30"; THENCE SOUTH 19 DEGREES, 27' 39" WEST 40.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHWEST ALONG SAID CURVE 39.76 FEET THROUGH A CENTRAL ANGLE OF 37 DEGREES, 57' 53" TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 10: TOGETHER WITH THAT PORTION OF LOT 20 OF SAID TRACT NO. 2201 LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 20; THENCE ALONG THE NORTHEASTERLY LINE OF SAID LOT SOUTH 56 DEGREES, 08" 43" EAST 60.04 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE CR\PC2004- -1- PC2004- CONCAVE :NORTHERLY, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 30 DEGREES 17' 36" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 22.57 FEET THROUGH A CENTRAL ANGLE OF 25 DEGREES 5t' S1" TO THE.. ._. BEGFNNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, THENCE SOUTHERLY ALONG SAID CURVE 97.27 FEET THROUGH A CENTRAL ANGLE OF 111 DEGREES, 28' 02" TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 20. WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 13, 2004, at 2:00 p:m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60. 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 properties from the RS-2 (Single Family Residential) zone to the RS-3 (Single Family Residential) zone. 2. That the General Plan Update designates subject properties for Residential-Low Density land uses and said reclassification is an implementation zone for this land use designation. 3. That the proposed reclassification of subject properties is necessary to allow for the orderly and proper development of the community as proposed with single-family housing. 4. 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 as surrounding properties are zoned RS-2. 5. That ****"" indicated their presence at said public hearing in opposition; and that ******** correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify the properties from the RS-2 (Single Family Residential) zone to the RS-3 (Single Family Residential) zone; 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 Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the City of Anaheim to exclude the above-described property from the RS-2 (Single Family Residential) zone and to incorporate said described properties into the RS-3 (Single Family Residential) zone upon the following conditions which are hereby found to be a necessary prerequisite to the reclassification of subject properties in order to preserve the safety and general welfare of the citizens of the City of Anaheim: That an ordinance rezoning subject properties shall be placed on an agenda for City Council consideration. 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 18.76.050 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are completed within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 2. 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 -2- PC2004- regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 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. ATTEST: CHAIRPERSON, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2004. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2004- [DRAFT] RESOLUTION NO. PC2004--**** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2004-00139 BE GRANTED (NO ADDRESSES -PICADILLY WAY - 320 FEET NORTH OF THE CENTERLINE OF BRITAIN WAY) WHEREAS, the Anaheim 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: THAT PORTION OF LOTS 22 THROUGH 27 INCLUSIVE OF TRACT NO. 2356, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 77, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PICADILLY WAY WITH THE CENTERLINE OF BUCKINGHAM STREET, AS SAID INTERSECTION IS SHOWN ON THE MAP OF SAID TRACT NO. 2358; THENCE NORTH 0 DEGREES, 26', 27" EAST, 441.43 FEET ALONG SAID CENTERLINE OF BUCKINGHAM STREET; THENCE SOUTH 89 DEGREES 33' 33" EAST, 30.00 FEET TO THE EASTERLY LINE OF SAID BUCKINGHAM STREET AS SHOWN ON SAID TRACT MAP, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 55 DEGREES 09' 41" EAST, 39.58 FEET; THENCE SOUTH 71 DEGREES, 49' 31" EAST, 321.98 FEET; THENCE SOUTH 72 DEGREES 58' 14" EAST, 99.35 FEET; THENCE SOUTH 71 DEGREES, 49' 30" EAST, 200.11 FEET; THENCE SOUTH 72 DEGREES, 58' 15" EAST, 175.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1681.00 FEET; THENCE SOUTHEASTERLY 7.95 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 DEGREES, 16' 16" TO A POINT ON THE WESTERLY LINE OF LOT 9 OF TRACT NO. 4187 RECORDED IN BOOK 163, PAGES 23 AND 24 OF SAID MISCELLANEOUS MAPS, SAID POINT IS NORTHERLY 119.72 FEET ALONG SAID WESTERLY LINE FROM THE SOUTHWEST CORNER OF SAID LOT 9. WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 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 properties from the RS-2 (Single Family Residential) zone to the RS-3 (Single Family Residential) zone. 2. That the General Plan Update designates subject properties far Residential-Low Density land uses and said reclassification is an implementation zone for this land use designation. 3. That the proposed reclassification of subject properties is necessary to allow for the orderly and proper development of the community as proposed with single-family housing. 4. 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 as surrounding properties are zoned RS-2. CR\PC2004- -1- PC2004- 5. That ***'**** indicated their presence at said public hearing in opposition; and that "'*"" correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reclassify the properties from the RS-2 (Single Family Residential) zone to the RS-3 (Single Family Residential) zone; 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 Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the City of Anaheim to exclude the above-described property from the RS-2 (Single :Family Residential) zone and to incorporate said described properties into the RS-3 (Single Family Residential) zone upon the following conditions which are hereby found to be a necessary prerequisite to the reclassification of subject properties in order to preserve the safety and general welfare of the citizens of the City of Anaheim: That an ordinance rezoning subject properties shall be placed on an agenda for City Council consideration. 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 18.76.050 shall apply. The provisions or rights granted by this resolution shall become null and void by action of the Planning Commission unless said conditions are completed within one (1) year from the date of this resolution, or such further time as the Planning Commission may grant. 2. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such 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 Ciry to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.60.130, "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 PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) -2- PC2004- I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2004. 1N WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2004- [DRAFT] RESOLUTION NO. PC2004-"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2004-04634 BE GRANTED, IN PART WHEREAS., the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THAT PORTION OF LOTS 154 TO 157 INCLUSIVE OF TRACT NO. 2201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 63, PAGES 47 TO 50 INCLUSIVE, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE CENTERLINE OF VENTURA STREET AS SHOWN ON SAID TRACT NO. 2201. SAID POINT BEING DISTANT THEREON SOUTH 33 DEGREES, 53' 13" WEST, 232.13 FEET FROM THE CENTERLINE INTERSECTION OF VENTURA STREET AND FALMOUTH AVENUE AS SHOWN ON SAID TRACT; THENCE SOUTH 67 DEGREES, 14' 00" EAST 221.27 FEET; THENCE SOUTH 66 DEGREES, 23' 53" EAST 68.71 FEET TO A POINT ON THE EASTERLY LINE OF LOT 157 OF SAID TRACT. SAID POINT BEING DISTANT THEREON SOUTH 00 DEGREES, 18'40" WEST, 84.84 FEET FROM THE NORTHEAST CORNER OF SAID LOT 157. THE BEARINGS AND DISTANCES USED IN THE ABOVE DESCRIPTIONS ARE ON THE CALIFORNIA COORDINATE SYSTEM OF 1927. ZONE 6, MULTIPLY ALL DISTANCES USED IN THE ABOVE DESCRIPTION BY 1.0000121 TO OBTAIN GROUND LEVEL DISTANCES. ALL OF LOTS 11 THOUGH 19 INCLUSIVE OF TRACT NO. 2201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 63, PAGES 47 TO 50 INCLUSIVE, OF MISCELLANEOUS 'MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH THAT PORTION OF LOT 10 OF SAID TRACT NO. 2201., LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE CENTERLINE INTERSECTION OF MINOT STREET, 60 FEET WIDE, AND FALMOUTH AVENUE, 60 FEET WIDE, AS SHOWN ON SAID TRACT NO. 2201; THENCE ALONG THE CENTERLINE OF SAID MINOT STREET SOUTH 00 DEGREES 19' 48"WEST 97.73 FEET AND SOUTH 33 DEGREES, 52' 08" WEST 48.50 FEET; THENCE PERPENDICULAR TO SAID CENTERLINE SOUTH 56 DEGREES 07' S2" EAST 30.00 FEET TO THE NORTHERLY CORNER OF LOT 10 OF SAID TRACT NO. 2201. SAID POINT BEING THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 85.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 56 DEGREES, 07' S2" WEST, THENCE SOUTHERLY ALONG SAID CURVE 21.37 FEET THROUGH A CENTRAL ANGLE OF 14 DEGREES, 24' 30"; THENCE SOUTH 19 DEGREES, 27' 39" WEST 40.18 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY HAVING A RADIUS OF 60.00 FEET; THENCE SOUTHWEST ALONG SAID CURVE 39.76 FEET THROUGH A CENTRAL ANGLE OF 37 DEGREES, 57' 53" TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 10: TOGETHER WITH THAT PORTION OF LOT 20 OF SAID TRACT NO. 2201 LYING NORTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHERLY CORNER OF SAID LOT 20; THENGE ALONG THE NORTHEASTERLY LINE OF SAID LOT SOUTH 56 DEGREES, 08' 43" EAST 60.04 FEET TO THE TRUE POINT OF BEGINNING AND THE BEGINNING OF A NON TANGENT CURVE CONCAVE NORTHERLY, HAVING A RADIUS OF 50:00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 30 DEGREES 17' 36" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE 22..57 FEET THROUGH A CENTRAL ANGLE OF 25 DEGREES 51' S1" TO THE CR\PC2004-0 -1- PC2004- BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 50.00 FEET, THENCE SOUTHERLY ALONG SAID CURVE 97.27 FEET THROUGH A CENTRAL ANGLE OF 111 DEGREES, 28' 02" TO A POINT ON THE SOUTHWESTERLY.LINE OF SAID LOT 20. THAT PORTION OF LOTS 22 THROUGH 27 INCLUSIVE OF TRACT NO. 2358, IN'THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 77, PAGES 27 AND 28 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF PICADILLY WAY WITH THE CENTERLINE OF BUCKINGHAM STREET, AS SAID INTERSECTION IS SHOWN ON THE MAP OF SAID TRACT NO. 2358; THENCE NORTH 0 DEGREES, 26', 27" EAST, 441.43 FEET ALONG SAID CENTERLINE OF BUCKINGHAM STREET; THENCE SOUTH 89 DEGREES 33' 33" EAST, 30.00 FEET TO THE EASTERLY LINE OF SAID BUCKINGHAM STREET AS SHOWN ON SAID TRACT MAP, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 55 DEGREES 09' 41" EAST, 39.58 FEET; THENCE SOUTH 71 DEGREES, 49' 31" EAST, 321.98 FEET; THENCE SOUTH 72 DEGREES 58' 14" EAST, 99.35 FEET; THENCE SOUTH 71 DEGREES, 49' 30" EAST, 200.11 FEET; THENCE SOUTH 72 DEGREES, 58' 15" EAST, 175.04 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 1681.00 FEET; THENCE SOUTHEASTERLY 7.95 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 0 DEGREES, 16' 16" TO A POINT ON THE WESTERLY LINE OF LOT 9 OF TRACT NO. 4187 RECORDED IN BOOK 163, PAGES 23 AND 24 OF SAID MISCELLANEOUS MAPS, SAID POINT IS NORTHERLY 119.72 FEET ALONG SAID WESTERLY LINE FROM THE SOUTHWEST CORNER OF SAID LOT 9. WHEREAS., the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 2004, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 (Procedures), to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: waivers: That the petitioner proposes to construct 17 detached single family homes with the following (a) SECTION NO. 18.04.060 - Minimum lot death adiacent to a freeway (Deleted). (b) SECTION NO. 18.04.100.010 - Minimum front yard setback 15 feet required; 12 feet proposed). (c) SECTION NO. 18.04.100.010 - Minimum rear yard setback 15 feet required; 10 to 14 feet proposed). (d) SECTION NO. 18.31.063.024 - Required improvement of private streets l? sidewalks and 28 foot wide street required; 1 sidewalk and 20 (foot wide street proposed). 2. That the above-mentioned waiver (a) pertaining to minimum lot depth adjacent to a freeway is hereby denied on the basis that it has been deleted subsequent to advertisement. 3. That the above-mentioned waivers (b) and (c) are hereby approved based on the special circumstances of these properties due to its narrow depth and long width of the lot making compliance with -2- PC2004- these Code standards difficult, and further that the average side yard setbacks far exceed Code requirements to compensate for the front yard setback deficiencies. 4. That the above-mentioned waiver (d) is hereby approved based upon the close proximity of the houses to the freeway, narrow depth of the existing properties, and that the houses would front on only one side of the street. 5. That *'**** indicated their presence at said public hearing in opposition; and that ho correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to construct 17 detached single family homes with waivers of: (a) minimum lot depth adjacent to a freeway (deleted), (b) minimum front yard setback, (c) minimum rear yard setback, and (d) required improvement of private streets; 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 Planning Commission does hereby grant subject Petiticn 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 developer shall install minimum 24-inch box sized trees in the public right-of-way parkway along Picadilly Way. Said information shall be specifically shown on plans submitted for Community Services, Public Works, and Planning Department approval. The entire parkway shall be irrigated by a system supplied from the development. 2. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic in the adjacent public street or alley. Installation of any gates shall conform to Engineering Standard Plan No. 475. Said requirements shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 3. 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 information shall be specifically shown on the plans submitted for building permits for Planning Department and Public Works Department, Streets and Sanitation .Division approval. 4. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 5. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 6. 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. 7. That final detailed landscape and irrigation plans for the proposed development shall be submitted to the Development Services Division for review and approval. Said landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of each property. All trees shall be properly, professionally, and permanently maintained to ensure mature, healthy growth. 8. That Variance No. 2004-04634 is hereby granted subject to the approval and recordation of Tentative Tract Map Nos. 16817 and 16818, now pending. -3- PC2004- 9. That :prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulatioris. 10. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 11. That prior to rendering water service, the developerlownersholl submit a set of improvement plans for Public Utility Water Engineering review and approval in determining the conditions necessary for providing water service to the project. 12. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and from the City Attorney shall be posted with the City of Anaheim. 13. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 14. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 15. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 7, 9, 11 and 12, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 16. That prior to final building and zoning inspections, Condition Nos. 1 and 14, above-mentioned, shall be complied with. 17. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove setforth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 30 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this .application. -4- PC2004- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 13, 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 PLANNING COMMISSION" ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -5- PC2004- City of Anaheim ~LAN~gNG DE~AR'I'~/lEl~]'~' December 10, 2004 [DRAFT] Cheryl Stump Brookfield Homes 3090 Bristol Street, Suite 200 Costa Mesa, CA 92626 Following is an excerpt from the minutes of the Anaheim Planning Commission meeking of December 13, 2004. 12a. CEQA NEGATIVE DECLARATION 12b RECLASSIFICATION NO. 2004-00139 12c. VARIANCE NO. 2004-04634 12d. TENTATIVE TRACT MAP NO. 16817 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 LOCATION: No addresses. This 0.7-acre area has a frontage of 377 feet on the north side of Picadilly Way, a maximum depth of 80 feet, and is located 320 feet north of the centerline of Britain Way. VARIANCE NO. 2004-04634 -Request to construct 5 single family homes with waivers of (a) minimum lot depth adjacent to a freeway (deleted), (b) minimum front yard setback, (c) minimum rear yard setback, and (d) required improvement of private streets. TENTATIVE TRACT MAP NO. 16817 -Request tc establish a 5-lot, 5-unit single family residential subdivision. ACTION: Commissioner ***'****** offered a motion, seconded by Commissioner **********' and MOTION CARRIED (Commissioner *'****'*'* absent),-that the Anaheim Planning Commission has reviewed the proposal to establish a 5-lot, 5-unit single family residential subdivision, 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. Commissioner """"" offered a motion, seconded by Commissioner ***"*""*""` and MOTION CARRIED (Commissioner "`*""" absent), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16817 based on the following conditions: That prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 208 South Anaheim Boulevard P:C. Bax 3222 Anaheim. California 92883 vrvnv.anaheimnei I TEL (714) 765-5139 2. That 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 approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and Ciry Engineer and then recorded concurrently with the final map. 4. 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: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 5. That prior to issuance of 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. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structurat BMPs. 6. That all units shall be assigned street addresses by the Building Division.- 7. That the developer shall pay the Sewer Capacity Mitigation Fee for the Combined West Anaheim Area, Zone B area. The mitigation fee is currently $411/ unit for single family developments. 8. That streets, sanitary sewer, and storm drains for this development shall be privately maintained. The improvement plans shall either indicate no parking signs or red curbs to identify any parking restrictions. 9. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for water service mains and/or an easement for large meters and other public water facilities. 10. That the property owner shall irrevocably offer to dedicate to the City of Anaheim, on the final map, an easement three (3) feet in width from the existing right-of-way along Picadilly Way for road and public utility purposes. Landscaping and irrigation for the dedication area shall be maintained by the property owner 11. That prior to final tract map approval, Condition Nos. 1, 2, 3, 6, 7, 9, and 10, above- mentioned, shall be complied with. 12. That 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. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission Cc: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Mark Asturias, Community Development Department CRDM.doc City of Anaheim ~LAIiTIVdI~iG ®E~ARTI~EIVT December 10, 2004 [DRAFT] Cheryl Stump Brookfield Homes 3090 Bristol Street, Suite 200 Costa Mesa, CA 92626 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of December 13, 2004. 12a. CEQA NEGATIVE DECLARATION 12b RECLASSIFICATION NO. 2004-00138 12c. VARIANCE NO. 2004-04634 12d. TENTATIVE TRACT MAP NO. 16818 OWNER: Elisa Stipkovich, Anaheim Redevelopment Agency, 201 South Anaheim Boulevard, Anaheim, CA 92805 AGENT: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 LOCATION: No addresses. Area 1: This 0.49-acre area has a frontage of 105 feet on the east side of Ventura Street, a maximum depth of 287 feet, and is ocated at the terminus of Ventura Street abutting the I-5 Freeway. Area 2: This 1.6-acre area has frontages of 132 feet on Ventura Street and Minot Street, a maximum depth of 700 feet, and is located at the terminus of Ventura Street and Minot Street abutting the I-5 Freeway (no addresses). wwvm.anaM1eim.net VARIANCE NO. 2004-04634 -Request to construct 17 single family homes with waivers of (a) minimum lot depth adjacent to a freeway (deleted), (b) minimum front yard setback, (c) minimum rear yard setback, and (d) required improvement of private streets. TENTATIVE TRACT MAP NO. 16818 -Request to establish a 12-lot, 12-unit single family residential subdivision. ACTION: Commissioner *'*'**"'* offered a motion, seconded by Commissioner ""***'*'* and MOTION CARRIED (Commissioner ""`****' absent), that the Anaheim Planning Commission has reviewed the proposal to establish a 12-lot, 12-unit single family residential subdivision, 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. Commissioner *******"* offered a motion, seconded by Commissioner *'""*'***`***"` and MOTION CARRIED (Commissioner """"" absent), that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 16818 based on the following conditions: 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714)765-5139 1. That prior to issuance of the first building permit, excluding model homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County :Recorder (Subdivision Map Act, Section 66499.40). 2. That 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 approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 3. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner's expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer and then recorded concurrently with the final map. 4. 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: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero dsdharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the Icng-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 5. That prior to issuance of 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. • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 6. That all units shall be assigned street addresses by the Building pivision. That the developer shall pay the Sewer Capacity Mitigation Fee for the Combined West Anaheim Area, Zone B area. 8. That streets, sanitary sewer, and storm drains for this development shall be privately maintained. The improvement plans shall either indicate no parking signs or red curbs to identify any parking restrictions. 9. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim -- ---- an easement for water service mains andlor an easement for large meters and other public water facilities. 10. That prior to final tract map approval, Condition Nos. 2, 5, 6, 7, and 8, above-mentioned, shall be complied with. 11. That 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. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission Cc: Cheryl Stump, Brookfield Homes, 3090 Bristol Street, Suite 200, Costa Mesa, CA 92626 Mark Asturias, Community Development Department CRDM.doc -3D-2004 61:50pm From- T-654 P.002/0~4 F-610 SECTION 4 ATTACHMENT -ITEM N0. I2 PETITIONER'S STATEMENT OF IUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIP~ED FOR PARKING WAIVER) L'QUEST FOR WAIVER OF CODE SECTION: / ~' - ~ ~. D~ 3 . O24 p r {A separate statement is equtred or eac}~ Coda waiver) ERTAINING TO: (~~ U r 1'ed 1 no P f'D 1/G~ vt~ Q~ ~ ~~ i vA,-~,~~i~2efS ections 18.03:040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe ranted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circtmstances applicable to the property, including size, shape, topography, locsdon or surroundings, which do no[ apply to other property under identical zoning classification in the vicinity; and 2. That, because of such spec~rl circumstances, strict application of [he zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in Chc vicinity. t order m determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission ro .rive a[ a decision, please answer each of the followine questions regarding [he property for which a variance is sough[, fully rd as completely as possible. If you need additional space, you may athch additional pages. Are there special cjrcumstsnces 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: `I I'IE (~~0 Pbs~ SY>~ IS Are the special circumstances thgt.apply to the property different from other properties in the vicinity which aze in the same zone as your property? _/Yes _ No if your answer is "yes," describe how the property is different: Do the special circumstances applicable to [he property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _/Yes _No lfyeur answer iF"yes," describe the special circumstances: LoT I~EPTM1-- ~3 SFkA LL o W >r R -rti-/k nI A 0.1 A CEtJ'C-' R£S t D~tJT 1 ~ 1-a=G Were the sp~ial circumstances created by causes beyond the control of the property owner (orprevious property owners)? ._Yes _ No EXPLAIN 'I'NS S t~ LS' Tfi~ r?~5 u L-i-` n>: 'I'H'E t~ [ ~ RI t of it tS~ ~= ~iDJ ar v~1.I T ~~~ a AN . he sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be ~provcd which would have the effect of grattting a special privilege not shared by other property in the same vicinity and zone •hich is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ignarure of petty Owner or Autho ized Agent Dste CONDITIONAL USL• PERi~IIT/VARIANCE NO. f3CENIBFR 12, 3000 1-30-?004 01:51pm From- T-A54 P 004/Ol1d F-81 ATTACHMENT-ITEM N0. 12 .~tC UON 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT JtEQU1RFT) POR PARKING WAIVER} EQUEST FOR WAIVER OF CODE SECTION: ~ ~ - 0¢ . ~ 0 ~ _ D / D (A sepsra ~tstem nt is required for each Code waiver) ERTAINING TO: f (sac g Qr ~~ eetlons 18.03.040.030 and 18.12.060 of the Anaheim Municipal Co rewire that before any ariance or Code waiver msy be ranted by thz Zoning Administrator or Planning Commission, the Following shall be shown: 1. That there are special circumstances applicable to the properly, including site, shape, topography, location or surroundings, which do not apply to other properly under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. n order Co determine if such special circumstances exist, and to assist the Zonhtg Administrator or Planning Commission ro rave at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully nd as completely as possible. If you need additional space, you may attach additional pages. Are there special Circutnstances that apply to the property in marters such assize, shape, topography, location or surroundings? _Yes _ No. If your answer is "Yes," describe the special circumstances: 'fN'~f pR 0 P 0 SS Q Si-f~ IS Are the special circumstances thati3pply to the property diffzrent from other properties in the vicinity which ate in the same zone as your property? ,Yes _ No If your answer is "yes," descrbe how the property is Do the special circumstances applicable to the~iroperry dzprive it of privileges currently enjoyed by neighboring properties located within the same zone? ~ Yes No If your answer if "yes," desaibe thz Were the spec' circtmstances created by catues beyond the control of the property owner (or previous property owners)? _Yes _ No EXPLAIN 17re sole purpose of any variance or Coda waiver shall be to prevcmt discrimination, and no variance or Code waiver shall be ipproved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone vhich is not otherwisz expressly authorized by zone regulations governing subject property. Use variances are not pemitted. ]ignatur f Property Owne or Authorized Agent ate CONDITIONAL'USE PERbRTNARIANCE NO. )ECLMBEA t2, 2000 , 1-311-2004 01:50Pm From- T-354 P.003/004 'r-610 ATTAC1TriENT -ITEM N0.'cl2 tvn w PETPfIONER'S STATEML-NT OF IUSTIFICATION FOR VARIANCE-/CODE WAIVER (NOT REQUIREDFF~~FOR PARKING WAIVER) tEQUEST FOR WAIVER OF CODE SECTION: J(J~ Q~ • /OD • ~ ~ ~ (A se ate s tement is required for each Code waiver) 'ERTARVING TO: ~ Yn L ~-f-s ~, ~, 5 Iections 18.03.080.030 and 18.12.060 of the Ansheim Mtnticipal Code re ire that before any vaziance or Code ivsiver msy be ranted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are specisl 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 pri~dleges enjoyed by other property under identical zoning classification in the vicinity. 0 order to dttetmine if such special circumstances exist, and to assist [he Zoning Administrator or Planning Commission to :rove at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully nd as completely as possible. If you need additional space, you may artach additional pages. Are [here special circumstances that apply to the property in matters such as size, shnpa, topography, location or surroundings? / Yes _No. Tfyouranswer~is"Yes,"desaihethe special circums[azrces:-T1}~ Pf2aPOSE~ SITE IS Are the special circtmtstsrrces that apply to the property different from other properties in [he vicinity which aze in the same zone as your property? /Yes _ No answer is "yes," describe how the Do the special circumstances applicable to tl}e property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ~/ Yes _No If your answer if "yes," describc the special cucutnstanees, PR~PE>2T1 E s . Were the special circumstances created by cattses beyond the control of the property owner (or previous property owntrs)? Y_Yes _No EXPLAIN the sole purpose of any variance or Code wsiver shall be to prevent discrimination, and no variance or Code waiver shall be tpproved which would have the effect of granting ¢ special privilege not shazed by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations goverrting subject propeay. Use variances are not pertnit[ed_ _ rAl.~,t~~ ~-t.~,.,~ 3ignanue pi'Property Owner t~Authorized Agent ~rccEt,mtx tz, aoco jz z Dae CONDITIONAL USE PEP.NIITNARL~.NCE NO. ATTACHMENT -ITEM N0, 12' F~C ~ty ~ofAn ahe'~ rn ~ rl ~C om mun~t y 1Deu elo, prnent .~, ~ID e , attme nt ~. r. Memo 4®: Planning Commission ~roaet: Mark Asturias, Redevelopment Manager ®aze: 12/06/04 ISe: Tentative Tract Maps 16817 and 16818 The Anaheim Redevelopment Agency approved a Disposition and Development Agreement for the development of a combination affordable and mazket rate, for-sale single-family homes project. Two sites were acquired by the Agency from Caltrans after the I-5 and I-91 freeway widening and aze also identified as housing opportunity sites in the City's adopted Housing Element. The two sites pursuant to the Agreement aze to be developed with mazket rate single-family homes. Brookfield Homes, the developer, is required to obtain land use entitlements. The proposed tract maps referenced above aze submitted for approval to prepaze the sites for development. The Agreement also required that Brookfield Homes obtain basic concept approval from the Planning Commission. The Planning Commission approved basic concept plans on October 18, 2004. The submitted tentative tract map applications aze consistent with the Planning Commission approved basic concept plans .and the conditions of approval will permit the implementation of the project. Therefore, Community Development Department concurs with Planning Departrnent staff's recommendation for approval. Respectfully submitted, /! / Mark Asturias ITEM N0. 13 R B3.ogY (Res w ,.. C~BRP S1REE~ ECM acs e9 pM-4 OVP' 4 a6 .65~ p°l B6-B,-61 R 8 B9 53 VAR 171 a cHJaca p°L 66.bfi~62 R~PR 39aNTS.. RM I 6oz m PRSM V aG`o~5w] vPTMSN1s ~ PP 1p20 VPRa p-L ctituaca PPP ZZ n~ N 6g.fi4-14 ~ RCL PNPHEIM ~ OpU 1DU C11Y PpUGE NT Rccs Asa Z 1 DV pc Mi OEppRSME cl+uaca PPeP 1g5, S1REE 4 RM-3p0p23 Zon 1 NP nM X6,9 200 - Overa o-c 59 a1 Z \ p aa~4 n p66o~ lRes °11n ePGR G 1~RE ac c~66e6''~96Lm ks PCH P 11 1 6]6 N Zp01605 1 OV E 11.LUP 1W Bp Yr1 IP Pp]JAR :00421 ~. RS-Z VA0. ]Bl6 ~ ? GP PZ0p4 VPC' S-2 1 DU cUP 1416 O R L~pPJRLH ~ 1 DU „~mrn ~ RS-2 RasP;s ~ SZ' VPCPN~ O VA PN1 0.Li 6Yy.]9151 G N 1 2 O J ®,,, s L r C1 Y iU ~ Q ~ a_n ~ ZpU r DU ~' ~ c~ m ~ pU EACH a Z ciw ^' 3u~ o~ 1 ~ RpU N Us~,a _o :sl 1 N ,o 1 4 rn OL ~ MENTPRY aW p0 2 EV SCHOOL m~~~ 1C n n 2DU SJ 1 pU Llfi1fi659 °~fi5-6bA LUP ]°fl EPCFt nIm OFFICES EACH 1DU P0.0~' euOUM~'w's ~TD 1 OV VP0.]69o L161 'C'6 ~~aCH General Plan Amendment No. 2004-00421 Subject Property Reclassification No. 2004-00137 Variance No. 2004-04633 Date: December 13, 2004 Tentative Tract Map No. 16794 Scale: 1" = 200' Requested By: YO-DVINDER S. VIRK Q.S. No. 73 GENERAL PLAN AMENDMENT NO. 2004-00427 -REQUEST TO AMEND THE LAND USE ELEMENT MAP OF THE ANAHEIM GENERAL PLAN REDESIGNATING THE PROPERTY FROM THE LOW-MEDIUM DENSITY RESIDENTIAL DESIGNATION TO THE LOW DENSITY RESIDENTIAL DESIGNATION. RECLASSIFICATION NO. 2004-00137 - REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE: O-L (LOW INTENSITY OFFICE) ANO RS-2 (RESIDENTIAL, SINGLE-FAMILY) ZONES TO THE RS-3 (RESIDENTIAL, SINGLE-FAMILY) ZONE OR LESS.INTENSE ZONE. VARIANCE.NO. 2004-04633 -REQUEST WAIVERS OF: (A) LOT DEPTH ADJACENT TO AN ARTERIAL HIGHWAY (B) REQUIRED FRONT YARD SETBACK '. (C) REQUIRED REAR YARD SETBACK (D) MINIMUM NUMBER OF PARKING SPACES TO CONSTRUCT SEVEN (7) SINGLE-FAMILY RESIDENCES. TENTATIVE TRACT MAP NO. 76794 -REQUEST 70 ESTABLISH A 7-LOT. 7-UNIT DETACHED SINGLE-FAMILY SUBDIVISION 502 South Harbor Boulevard 1606 13a. 'CEQA NEGATIVE DI 13b. GENERAL PLAN%AM 13c.: RECLASSIFICATlO~ 13d. ' VARIANCE N0.200~ 13e. 'TENTATIVE TRACT ( (3) This property is, currently;vacant, zoned RS-2!(Residential„Si Intensity Office) and is designated for Low and Low-Medium: the Land Use Element Map of the Anaheim General Plan. i (4) The petitioner, Yadvinder Virk, has submitted the attached lel requesting a continuance'. of this item to the January 10,.2005 submit a sewer study and Water Quality Management Plan t sr8831av>' ATTACHMENT -ITEM N0. 13 Castle Development LLC. 9017 Harvard Avenue Buena Park, Ca 9D620 Phone: 714-232-2363 Via: Fax Transmission December 6, 2004 Ciry of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, California 92803 Attention: Ms. Amv Vazquez Re: Property on 502 South Harhor Boulevard Dear Amy, We would like to request a continuance on the above noted prpperty until the first meeting scheduled in January 2005. ' cerel ~ ._._.= ,,:;. Y.eiT '' er „3g~ ~s;, °o `- ~ ~~~ ~ , ~~~ ~ ~f OEC 2004 PANNING T f' ~, BEPARTMEN? pEPARTMENS a \~~B~i,_ ..~~ r ~- ~ s7 '~~ ITEM N0. 14 VAR 2WL5 ftCLfi60FRt (100 CUP GISNEVLAND D6NEYUNO 2IDD SP 92-2 VAR J6]0 PARKING PAflKING VAR ]009 RCL 068]-011081 VAR 3895 VAR>]0 CUP J00 MMADA MAING4TE EM-IND. FIRM SP 921 RCL B&0R0] (21) CUP IDBI IAND$CAPEO $P 92-1 ND$CAPED SP 92-0 $P 92-1 vAR 2295 EASEMENT RCL 66-67-61(108) 3EA$EMEPR RCL 6fi-fi7-61 (JDfi) .... RCL 66.61-61 1 9 CUP 2210 w DUP 180 n(~NFV lnrnv I(1961 9 wG 108 IDS ND Duel 5 Q W J CI m Q m Q EP 922 RCL fiB-BF611] CUP 3001 LUP )J6 MARIOTT REBIDF WN SURES W W W G: L Z lye L J J 5P 922 RCL 86-6]-81 (1DP PCL 066]-b sATELLRE CLEPNER$ SP 911 qCL 6&B]-61(1007 qCL 5}57-T SP 9}1 flCL fi0-fi]~fil 1199; RCL 565]-J1 HAVJR10flN SLRES LTD. ^~i ~y~~ ~¢. 92~ p6)cfi~1 (901 2]2D 6 YS ON KATI~LL A AVENUE $P e?3 m S Gi~ RCL eae]-e1152) $P 92-2 sP yt ] ~~ ~3 _ NPlt10 RCL66-fit-61(16) - Rtt ebe]-n D]l f¢uo~1p m D VAR 2JJ0$ cuPe9D VM399 VAA 1]fe m ^-o CUP 100 $P 92-1 ) 1I VAR 1894 ' R]f]0 ' _ m "Y- RCL 00-@]S1I01) $P6t1 CUP 1001 $P 92-1 ZABV $MOTOR LODGE . vACUrt e]no. IsIAIAER um¢ •` ~~- vAR Jwe CUP tea D SNE]'P q~wM PLO E ~ OUP 16D4 PARKING ~SZ~ ~ i G i i Amendment to Conditional Use Permit No. 4078 ,~ Subject Property Amendment No. 1 to Amended and Restated Development Agreement No. 99-01 Date: December 13, 2004 TRACKING NO. CUP2004-04941 Scale: Graphic Requested ey: PRICE LEGACY CORPORATION Q.S. No. 87 CONDITIONAL USE PERMIT NO. 4078: REQUEST TO AMEND THE CONDITIONS OF APPROVAL REGARDING THE COMMENCEMENT DATE OF THE INITIAL DEVELOPMENT PHASE. AMENDMENT NO. 1 TO THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01: REQUEST FOR AMENDMENT REGARDING THE COMMENCEMENT DATE OF THE INITIAL DEVELOPMENT PHASE AND ASSIGNMENT AND ASSUMPTION OF THE DEVELOPMENT AGREEMENT BY ANAHEIM GW, LLC. The Anaheim Garden Walk Project formerly known as the Anaheim Lifestyle Retail and Entertainment Project 1626 TTF.M Nn_ 14 Staff Report to the Planning`Commissidn Decembe613, 2004 'Item No. 14 14a. ADDENDUM TO THE POINTE ANAHEIM INITIAL STUDY AND MITIGATED'NEGATIVE DECLARATION/MODIFIED MITIGATION MONITORING PLAN N0: 004 (PREVIOUSLY APPROVED) 14b.`AMENDMENTTO'£ONDITIONALUSE'PERMITNO.4078: (Resolution) 14c. 'AMENDMENT N0.-1 TO THE FIRST'AMENDED AND RESTATED DEVELOPMENT AGREEMENT NO. 99-01 (Resolution) (Tracking, No. 2004-04941) SITE LOCATION AND DESCRIPTION: `° I (1) The proposed Anaheim GardenWalk project (formerly known as the Pointe Anaheim: Lifestyle Retail and Entertainment project)'is located bn an irregularly shaped site consisting of approximately 29.1 acres between Hartior Blvd. and Clementine St., and bisney Way and Katella Ave. The property has approximate frontages of 1,500 feet on the south side of Disney Way between Harbor Blvd, and:Clementine St., 1,185 feet on the west side of Clementine Sti between'Disney Way and Katella Ave. (excluding Fire Station No. 3 at 1713-1717 S. Clementine St:), 728 feePon the north side of Katella Ave: betweem ClementineiSt. and a`'point 771 feet west of the centerline of Glementine St., and 585 feet on the east ide of Harbor Blvd.`between Disney Way and a point 615 feet south of the centerline of Disney Way. ':REQUEST: (2) (a) Amendment to Conditional Use Permit No. 4078 - Request tq amend the condition: of?approval regarding the commencement date of the Initial Development Phase. (b) Amendment No. 1 to Amended and Restated Development Agreement No. 99-01 Request for amendment regarding: assignment and assumption of the Development?Agreement by Anaheim GW, LLC, and the commencement date of the nitial Development Phase. (BACKGROUND: : ` (3) The 29.1-acre GardenWalk site'is located in the Anaheim Resort. The property is zoned SP92-1 (Disneyland Resort Specific Plan No. 92-1 ) District A/Pointe Anaheim Overlay (18.9 acres) and Parking District (East Parking Area)/C-R Overfay and Pointe Anaheim Overlay (1:0.2 acres). The easterly 20.3-acre portlomof the site; located on the westside of Clementine. Street between Disney Way and Katella`Avenue, isjvacant. The westejly 8.8- acre portion located at the southeast corner of Disney Way and: Harbor Boulevard is developed with the Anaheim Plaza Hotel and Suites'at 1700 South Harbor Boulevard, The Anaheim General Plan land use'designaton is Commercial Recreation. Sr8888as.doc Page 1 : (4) The: si Gene /C\ DIRECTION USE ZONING North S. Calif. Edison overhead Parking District, Disneyland': utitit easement Resort S ecific Plan 92' 1 East Mar~iot Residence Inn C-R District, Anaheim Satellite Cleaners Resort Specific Plan 92-2, Extended Stay America ' and`Hotel Circle Specific Hawthorne Suites Ltd. Plan 93-1 Enter rise caerentals Easf (bounded,by City; of Anaheim Fire Station District A, Disneyland Resorti GardenWalk on the north', No. 3 Specific Plan 92-1 west and south South (across Katella Ave.) Disneyland employee Future Expansion District, parking lot Disneyland Resort Specific Plan 92-1 Southwest Castle Inn Suites C-R District, Anaheim Su 'er 8 Motel:. Resort S ecific Plan 92-2 West (across Harbor Blvd.) Disneyland theme park Theme Park District, Disneyland Resort Specific Plan 92-1 1993 for an overall area of about 501 acres generally bounded by Ball Road on the north, the Interstate 5/Santa Freeway on the northeast, Katella'Avenue on the soutfi with about 25 acres located south of Katella between Harbor Blvd. and Hasten Street, and Walnut Street on the west. Since the 1993 adoption of the Specific Plan, several,Specific Plan Amendments and Specific Plan Adjustments fiave been;approved, including'Amendment Nos.'4 and 5 pertaining td the subject 29.1-acre site. (6) The most recent entitlements pertaining to the GardenWalk project were approved in 2002 when the City;Council took the following actions: (a) Approved the Addendum to' he Pointe Anaheim'Initial Study and Mitigated Negative Declaration/Modified Mitigation Monitoring Plan No. 004, which addressed proposed modifications to he Pointe'Anaheim'project including development in up to 5 phases. (Resolution 2002R-53 adopted by the,City Council on February 26, 2002) (b) Approved General Plan No. 393, which amended the Land Use Element to reflect the description df the Pointe Anaheim.: project as proposed to be modified including development in up to 5 phases. (Resolution No. 2002R-54 adopted bythe City Council on February 26, 2002) ; (c) Adopted Amendment No. 5 to the Disneyland Resort Specific Plan ,which amended the Pointe Anaheim Overlay of the Disneyland Resort Specific Plan No. 92-1 to describe the project'as it was proposedtd be modified (including development in up to 5 phases), change text and exhibits throughout the Specific Plan documenf to reflect the proposed project modifications, modify the requirement for interior settiack landscaping adjoining the Anaheim'Resort Specific Plan Nb. 92-2, add Vacation Ownership Resdrt Units, Aquariums and Murals as Page:. 2 ::.~iy r~NNiuveu u~G.nroinmcnueu cnurcg~~aie between the City ofAnaheim and Excel P modified development proposal. (Ordinance No. 5808 adopted by the City; PROPOSAL: (6) The petitioner requests that the Planning Commiss paragraph A of Condition No. 68 of Resolution No: Conditional Use Permifb. 4078, to extend the com Development. Phase by;one (1) year, as follows. "68. That the Pointe Anaheim project shall be deb development phases, as shown on Exhibit N dated November'19, 2001 A. The property owner/developer shall ob obtain the appropriate building and oth Page 3 construction of the Initial'Phase wtt a~ ~ '' f t'S~o,n=,o.~' on or l B. Thee property owner/developer shat open the improvements comprising (2) years aftercommencement of c "Opening" of the improvements she and Mitigated Negative Declaration; jncluding he Modified Mitigatioi 004, serve as the required environmental documentation for the prof, GROWTH MANAGEMENT ELEMENT ANALYSIS: (g)' The proposed project actions have tieen reviewed by affected City c determine whether they conform with the City's Growth'Managemer• Staff Report to the ; Planning :Commission :`December 13, 2004.. iltem No. 14 the City Council on March 17, 1992. Based on City staff review of the proposed project actions, it has been determined' hat this project does not fit within the scope necessary to require a Growth Management: Element analysis, therefore, no analysis has been performed.: EVALUATION: (10) The proposed amendment to the conditions of approval of Conditional Use Permit No. 4078 to extend the commehcement date of the°Ihitial Phase, is authorized under Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) and Section 18.66.070;(Procedures) of Chapter 18.66!(Conditional Use Permits) of the Anaheim Municipal :Code. (11) Article 2.5 df Chapter 4 of Division 1 of Title 7 (commencing with Section 85864) of the Government Code of the State'of California (hereinafter the "Statute") authorizes a city to enter into a'development agreement with :any person having a; Jegal or equitable interest in peal property for the development of the property asprovided in said Statute. Pursuant to subdivision (c) of Section 65865 of the Statute, on IJbvember23, 1982, the City Council adapted Resolution No. 82R-565 (hereinafter the "Procedures Resolution") establisfting procedures and requirements for the consideration of development agreements upon receipt of an application by the City. Amendment No. 1 to the First Amended and Restatetl Development Agreement NoJ99-01 is requested pursuant to authority set forth in California Government Code Section 65864, P.t SPn Arnart of Anaheim r;arrlanWalk '.the rievalnner Anaheim f:arrlanlA/alk 112 ,wavowNcl j, pw ~uaaGU an appiuxiu iaieryyl.oa-au e. i.uy-owneu property wnn an option rot the City to re-acquire he property if the developer fails to meetcertain performance': milestones' One such milestone is the commencement date of he Initial((Phase, which is February 26, 2005. The Developer is unlikely to meet this milestone as the Developer is in .the process of selling; its interests in Anaheim GardenWalk to a new entity, Anaheim: GW, LLC (Purchaser). The Purchaser has requested that the City extend the February 26, 2005 date by one year to February 26; 2006 to provide the Purchaser with sufficient time to consummate its acquisition andl implement the Anaheim GardenWalk project as approved in 2002. Also, as required by the Development Agreement, the' Purchaser requested that the City approve the assignment and assumption of the Development Agreement from the Developer`to the Purchaser. Staff requested certain information from the Purchaser regarding the Purchaser's development and operational qualifications, and its financial i~fdrmation,'to demonstrate its ability to undertake a project of this size and complexity. The City's real estate consultant has reviewed the requested information and determined that the Purchaser has the necessary qualificatiohs and the financial wherewithal to undertake Anaheim GardenWalk 'as currently entitled. (12) Other than the proposed project actions, no other amendments'or modifications to the Anaheim GardenWalk project are requested at this'time, FINDINGS: (13) Since the request before the Planning Commission does not change the actual development proposal, with the exception of extending the commencement date of the Initial Phase of development, the findings'made in ResolutioriNo. 2002R-57 still apply. Before the' Commission approves, in whole or in part; the amendment to the conditions of Page 5 Staff Report to the Planning Commission ' December 13; 2004 Item No. 14 approval to extend the commencement date, the Commission shall make a finding of fact thaEthe evidence presented shows,that all the following conditions exist: (a) That the proposed amendment to the conditions of approval is properly one that is authorized by Anaheim Municipal Cdtle Section' 18.60.19Q (Amendment of Permit Approval) of Chapter 18.60; (Procedures) and Section 18.66.070 (Procedures) of Chapter 18.66 (Conditional'Use Permits). (b) ' That the use, including the amendment to the conditions of approval to extend the commencement date of the Initial Development Phase, is' properly one for which a conditidnal use permit is authorized by the Zoning Code. (c) That the use, including the amendment to the conditions of approval;' is properly one for which a conditional use permit: is authorized by the; Anaheim'Municipal Code..: (d) That the use, including the amendment to the conditions of approval, will not adversely affect the adjoining land uses or the growth and development of the'area in which it is proposed to be located (e) That the size and shape of the site proposed for he use, including the amendment to the: conditions of approval, is adequate to allow full development of the proposed use in a mannernot detrimental to the: particulararea or to'health antl safety. (f) That the traffic generated by the proposed use, ihcNding the amendment to the': conditions of approval, wilfhot impose an undue'burden upon the streets and highways designed and improved to carry the traffic in the area. (g) That amending this conditional use permit, under the conditions imposed including the amendment to the conditions of approval, will not be detrimental'to the health and safety of the'citizens of the City of Anaheim:. (14) Pursuant to the Procedures Resolution No. 82R-565, the Planning.Commission is required to make a recommendation to the;City Council relative to the proposed Amendment No 1 to the First Amended and Restated: Development Agreement No. 99-01. Since the request before the Planning Commission does not change the actual development proposal, with the exception of extending the commencement date of the Initial Phase of development' and`the assignment andsassumption of the DevelopmentAgreement by Anaheim GW, LLC (the,"Purchaser''), as successor-in-interest to Excel Pointe Anaheim, LLC, the findings ;` made in Ordinance No. 5808 still apply. Further, the Planning Commission shall determine thatthe Applicant has demonstrated eligibility; o enter into Amendment No. Zito the First Amended and't2estated Agreement No. 99-1 tiased on the following: (a) l That staff requested certaih information from the Purchaser regarding the Purchaser's development and operational qualifications, and its financial information, to demonstrate. its ability b undertake a project of this size and complexity; and'that the City's real estate consultant has reviewed the requested information and determined: that the Applicant has the necessary qualifications`and the financial wherewithal to undertake Anaheim GardenWalk as currently entitled. Page 6 RECOMMENDATION: `/151 Based on the in [DRAFT] RESOLUTION NO. PC2004- A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 99R-136 AS AMENDED BY RESOLUTION NO. 2002R-57, ADOPTED IN CONNECTION W ITH CONDITIONAL USE PERMIT NO. 4078 WHEREAS, on June 22, 1999, the Anaheim City Council did, by its Resolution No. 99R- 136, grant Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and Entertainment Complex consisting of up to 565,000 gross square feet of retailldining/entertainment uses; two to three hotels comprising 1,050 rooms/suites with approximately 86,985 gross square feet of related accessory uses (the hotel rooms/accessory uses would encompass a maximum of 923,800 gross sq.ft.) and an approximately 141,200 gross sq.ft. area on the top floor of the parking structure to be used to .provide parking andlor hotel amenities serving guests and patrons of the Pointe Anaheim hotels only; up to three theaters with a total of 4,600 seats for live performances or, alternatively, a 24-screen movie theater with 4,757 seats; a 1,600,000 gross sq.ft. parking structure with 4,800 striped parking spaces and 25 bus spaces with provision to park an additional 400 vehicles, which would bring the total number of vehicles that can be accommodated in the garage to 5,200 cars, and including a 21,600 gross sq.ft. bus terminal/facility for airport transport and to/from sightseeing venues; and waiver of the minimum number of parking spaces (7,668 spaces required, 4,800 striped spaces proposed with provision for an additional 400 vehicles bring the total number of vehicles that can be accommodated in the parking structure to 5;200); with development of the project to take place in a singles phase; and WHEREAS, on February 26, 2002, the Anaheim City Council did, by its Resolution No. 2002R-57, amend Conditional Use Permit No. 4078 to permit the Pointe Anaheim Lifestyle Retail and Entertainment Complex consisting of up to 634,700 gross sq.ft. of retail/dininglentertainment uses, which includes a 94,000 sq.ft. aquarium; up to four hotels comprising a maximum of 1,662 hotel rooms/suites (of which up to 200 units may be Vacation Ownership Resort units) with approximately 322,071 gross sq.ft. of related accessory uses of which up to 178,120 gross sq.ft on top of the parking structure may be used for a hotel conference center (the hotel rooms/suites and accessory uses would encompass a maximum of 1,370,711 gross sq.ft.); and a 1,949,800 gross sq.ft. parking structure with up to 4,800 striped parking spaces and 15 bus spaces with a 10,200 sq.ft. bus terminal/facility for airport transport and to/from sightseeing venues; and that the proposed development of the Pointe Anaheim project would take place in up to five phases over time; and that said action included waiver of the minimum number of parking spaces (6,581 spaces required, up to 4,800 spaces in the parking structure proposed at full project buildout); and that said Resolution No. 2002R-57 contains certain conditions of approval, including paragraph A of Condition No. 68 which pertains to the commencement date of the Initial Development Phase, as follows: 68. That the Pointe Anaheim project shall be developed in up to five (5) development phases, as shown on Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001, as follows: A. The property owner/developer shall obtain approval of Final Site Plans, obtain the appropriate building and other permits, and commence construction of the Initial Phase within a period of three (3) years from the date of this resolution. B. The property owner/developer shall complete the construction of and open the improvements comprising the Initial Phase within a period of two (2) years after commencement of construction of the Initial Phase. "Opening" of the improvements shall be defined as the opening of at least seventy-five percent (75%) of the total square footage of the uses within the underlying phase. cr\PC2004-CU P4078-AS.doc -1- PC2004- C. Following the Initial Phase, the property owner/developer shall use reasonable commercial efforts to commence construction of subsequent development -- phases within approximately two (2) years, but in no event later than four (4) years, following the opening of the previous phase, provided the timing of each subsequent phase will depend primarily on market demand at the time, the availability of project financing, and acquisition of land for the proposed uses. D. The property owner/developer shall complete the construction and open the improvements comprising each subsequent development phase within a period of two (2) years after the building permits for said phase were issued; provided, however, that the final development phase shall commence construction within a period of ten (10) years from the date of this resolution. Extensions for further time to comply with these conditions may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) of Chapter 18.60 (Procedures) of the Anaheim Municipal Code. WHEREAS, on March 19, 2002, the City Council adopted Ordinance No. 5808 approving the First Amended and Restated Development Agreement No. 99-01 by and between the City of Anaheim and Excel Pointe Anaheim, LLC, regarding certain regulations that will govern construction of the Anaheim GardenWalk project (formerly known as the Pointe Anaheim project); .and WHEREAS, the 29.1-acre project site is vacant with the exception of 8.8 acres at 1700 S. Harbor Blvd. which is developed with the Anaheim Plaza Hotel and Suites; that the site is zoned SP 92-1 (The Disneyland Resort Specific Plan No. 92-1 ), District A/Pointe Anaheim Overlay (18.9 acres) and Parking District (East Parking Area)/C-R Overlay, and Pointe Anaheim Overlay (10.2 acres)); and that the site is located in The Anaheim Resort and is designated for Commercial Recreation land uses by the Anaheim General Plan; and WHEREAS, the petitioner has submitted a letter and petition requesting an extension of one year to commence construction of the Initial Development Phase of the Anaheim GardenWalk project .and assignment and assumption of the Development Agreement by a new entity, Anaheim GW, LLC; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on December 13, 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 the proposed amendment to the conditional use permit and to investigate and make findings and recommendations in connection therewith. 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 amendment to the conditions of approval is properly one that is authorized by Anaheim Municipal Code Section 18.60.190 (Amendment of Permit Approval) of Chapter 18.60 (Procedures) and Section 18.66.070 (Procedures) of Chapter 18.66 (Conditional Use Permits). 2. That the use, as amended to extend the commencement date of the Initial Development Phase, is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 3. That the use, including an amendment to extend the commencement date of the Initial Development Phase, will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. -2- PC2004- 4. That the size and shape of the site proposed for the use, including an amendment to extend the commencement date of the Initial Development Phase, is adequate to allow full development ._ . . of the proposed use in a manner not detrimental to the particular area or to health and safety. 5. That the traffic generated by the proposed use, including an amendment to extend the commencement date of the Initial Development Phase, will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That amending this conditional use permit, under the conditions imposed including an amendment to extend the commencement date of the Initial Development Phase, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 7. That indicated their presence at the public hearing in opposition; and that correspondence was received in opposition to the subject petition. WHEREAS, the Anaheim City Planning Commission has reviewed the proposed actions and has found and determined that the Addendum to the Pointe Anaheim Initial Study and Mitigated Negative Declaration, including Modified Mitigation Monitoring Plan No. 004, which was previously approved by the City Council on February 26, 2002 in connection with the first Amendment to Conditional Use Permit No. 4078, is adequate to serve as the required environmental documentation fpr the proposed actions and satisfies all of the requirements of CEQA; and further finding that there is no substantial evidence, with the imposition of the mitigation measures identified in Modified Mitigation Monitoring Program No. 004, that the proposed actions will have a significant effect on the environment; and that no further environmental documentation need be prepared for the proposed actions. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Condition No. 68 of Resolution No. 99R-136, as amended by Resolution No. 2002R- 57 and adopted in connection with Conditional Use Permit No. 4078, to read as follows: 68. That the Pointe Anaheim project shall be developed in up to five (5) development phases, as shown on Exhibit No. 1, titled "Phasing Diagram" and dated November 19, 2001, as follows: A. The property owner/developer shall obtain approval of Final Site Plans, obtain the appropriate building and other permits, and commence construckion of the Initial Phase on or before February 26, 2006. B. The property owner/developer shall complete the construction of and open the improvements comprising the Initial Phase within a period of two (2) years after commencement of construction of the Initial Phase. "Opening" of the improvements shall be defined as the opening of at least seventy-five percent (75%) of the total square footage of the uses within the underlying phase. C. Following the Initial Phase, the property owner/developer shall use reasonable commercial efforts to commence construction of subsequent development phases within approximately two (2) years, but in no event later than four (4) years, following the opening of the previous phase, provided the timing of each subsequent phase will depend primarily on market demand at the time, the availability of project financing, and acquisition of land for the proposed uses. The property owner/developer shall complete the construction and open the improvements comprising each subsequent development phase within a period of two (2) years after the building permits for said phase were issued; provided, however, that the final development phase shall commence construction within a period of ten (10) years from the date of this resolution. _3_ PC2004-_ Extensions for further time to comply with these conditions may be granted in accordance with Section 18.60.170 (Extension of Time to Comply with Conditions of -. . _. Approval) of Chapter 16.60 (Procedures) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Ciry Planning Commission does hereby find and determine that adoption of this Resolution No. 2004R- is expressly predicated upon applicant's compliance with each and all of the conditions adopted in connection with Gonditional Use Permit No. 4078. 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 December 13, 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. ATTEST: CHAIRPERSON. ANAHEIM CITY PLANNING COMMISSION 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 Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 13, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2004. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2004- The draft resolution regarding Amendment No. 1 to the First Amended and Restated Development Agreement No. 99-O1 will be provided on Monday, December 13, 2004