PC 2006/06/12na ni
iss~
IUI®nday, June 12, 2006
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
• Chairman: Gail Eastman
• Chairman Pro-Tempore: Cecilia Flores
• Commissioners: Kelly Buffa, Stephen Faessel,
Joseph Karaki, Panky Romero, Pat Velasquez
• Call To Order
Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the June 12, 2006 agenda
• Recess To Afternoon. Public Hearing Session
• Reconvene To Public Hearing 2:30 P.M.
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@anahem.net
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Page 1
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll calf 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) CONDITIONAL USE PERMIT NO. 2004-04844
(Tracking No. CUP2006-05095)
(c) DETERMINATION OF PUBLIC CONVENIENCE AND NECESSITY
N0. 2004-00015
(Tracking No. PCN 2006-00025)
Agent: Michelle Alfieri, SSOE, Inc., 8001 Irvine Center Drive, Suite
400, Irvine, CA 92618
Location: 611 South Brookhurst Street: Property is approximately
2.3 acres, having a frontage of 156 feet on the south side of Orange
Avenue and is located 245 feet west of the centerline of Brookhurst
Street
Request a retroactive extension. of time to comply with conditions of project Pranner
approval for the retail sales of alcoholic beverages for off-premises Qnixon~ananeim.ner)
consumption in conjunction with apreviously-approved pharmacy.
1B.(a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT N0.3902
(Tracking No. CUP2006-05094)
Agent: Andrew Paszterko, 2055 North Alvarado Street, Los
Angeles, CA 90039
Location: 1200 South Harbor Boulevard: Property is approximately
0.98-acre located at the southeast corner of Harbor Boulevard and
Ball Road.
Requests to review final elevation. plans for apreviously-approved
coffee shop and commercial retail center in conjunction with an
existing service station with accessory convenience market with beer project Planner.
and wine sales for off-premises consumption and adrive-through (rrwong2®ananeim.neq
restaurant.
Minutes
iC. Receiving and approving the Minutes from the Planning Commission
Meeting of May 31, 2006 (Motion)
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Page 2
Public Hearinla Items:
2a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 280 Request for
(PREVIOUSLY CERTIFIED) Continuance to
2b. AMENDMENT NO. 4 TO THE PACIFICENTER SPECIFIC July 24, 2006
PLAN NO. 88-3
(TRACKING NO. SPN2006-00034)
Owner: Tustin Retail Center, LLC, Attn: Julie Collins, 3670 West
OQuendo Road, Las Vegas, NV 89118
Agent: Mark Frank, Promotional Signs, 20361 Hermana Circle,
Lake Forest, CA 92630
Location: 3610-3720 East La Palma Avenue and 1001-1091 North
Tustin Avenue: Property is approximately 25.8 acres and
is located at the southwest corner of La Palma Avenue and
Tustin Avenue (The Pacificenter Specific Plan No. 88-3).
Request to modify the zoning and development standards pertaining to
signage and hotel occupancy limitations for the Pacificenter Specific Plan
No. 88-3.
Continued from the May 31, 2006, Planning Commission meeting. Project Planner:
(dherrick ~anaheim. net)
Specific Plan Resolution No.
3a. CEQA NEGATIVE DECLARATION
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT N0.2006-05091
Owner: Ronald Beard Trust, 190 Newport Center Drive,. Unit 210,
Newport Beach, CA 92660
Agent: Tyler Carlson, Evergreen Devco, 2390 East Camelback
Road,. #710, Phoenix, AZ 85016
Location: 1.222 South Maonolia Avenue: Property is approximately
4.03 acres and is located south and east of the southeast
corner of Magnolia Avenue and Ball Road (Walgreens).
Request to construct adrive-through pharmacy and permit a commercial
retail center within an existing shopping center with waivers of (a)
minimum landscape setback, (b) minimum number of parking spaces., (c)
maximum number of wall signs, (d) maximum letter height for a proposed
wall sign, (e) maximum number of freestanding signs, and (f) minimum
distance between freestanding signs and location to property line."
`Adyenised as "minimum distance between freestanding signs"
Continued from the May 31, 2006, Planning Commission meeting. Project Planner.•
_._, _ Qnixon ~anaheim.net)
Conditional Use Permit Resolution No.
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Page 3
4a. CEQA NEGATIVE DECLARATION Request for
4b. WAIVER OF CODE REQUIREMENT Continuance to
4c. CONDITIONAL USE PERMIT N0.2006-05063 July 10, 2006
Owner: Guillermo M. Aguirre, 415 North Sunkist Street, Anaheim,
CA 92806
Agent: Rob Perez, Parsons, 19752 MacArthur Boulevard, Suite
240, Irvine,. CA 92612
Location: 1920 East Center Street: Property is approximately 0.37-
acre, having a frontage of approximately 114 feet on the
south side of Center Street and is located approximately
345 feet wesf of the centerline of State College Boulevard.
Request to permit a telecommunications antenna (disguised as a pine
tree) with accessory ground-mounted equipment with waiver of maximum
permitted fence height.
Continued from the May 15, 2006, Planning Commission meeting. Project Planner:
(dherrick ~anaheim.net)
Conditional. Use Permit Resolution No.
5a. CEOA ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 330
5b. RECLASSIFICATION NO. 2006-00178
5c. CONDITIONAL USE PERMIT NO. 2006-05092
Owner: Robert H. Horn. TR, 935 Lotus Circle, San Dimas, CA
91773
Agent: Scott Richards, SADI LLC, 5939 Monterey Road, Los
Angeles, CA 90042
Location: 111-125 West Elm Street: Property is approximately 0.76-
acre, having frontages of 210 feet on the north side of Elm
Street and is located 167 feet west of the centerline of
Anaheim Boulevard.
Reclassification No. 2006-00178 -Request for a reclassification from
the I (Industrial) zone to the 1 (MU) (Industrial, Mixed Use Overlay) zone
to construct 53 affordable multiple-family units on an industrial lot in the
historic district.
Conditional Use Permit No. 2006-05092 - To construct a 52-unit'
affordable apartment complex with a density bonus and incentives far"
(a) minimum lot size, and (b) dedication and improvement of public right-
of-way.
'Advertised as 53 units
"Advenisted as "with waivers of (a) minimum lot size, (b) maximum density and
., (c) dedication and improvement of public right-of-way"
Reclassification Resolution No. Project Planner:
(dsee (~7anaheim. net)
Conditional Use Permit Resolution No.
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Page 4
6a.
6b.
Owner:
Agent:
Shawn Danesh, Calvada Development, 26996 La Paz
Road, Aliso Viejo, CA 92656
Ed Perez, EP Development Corporator, 201 Broadway,
Anaheim, CA 92805
Location: 1131 West Lincoln Avenue: Property is approximately
0.39-acre and is located at the northeast corner of Lincoln
Avenue and Carleton Avenue.
Request to amend a condition of approval pertaining to lunch service at a
previously-approved drive-through coffee shop (Starbucks) to permit the
incidental sales of pre-packed non-beverage lunch items.
Conditional Use Permit Resolution No.
7a.
7b.
Owner:
Agent:
Naresh Patel, NP Gas Inc., 1907 Los Alamitos Drive,
Placentia, CA 92807-5512
Steve R. Sheldon, 901 Dove Street, Suite 140, Newport
Beach, CA 92660
Location: 2530 East La Palma Avenue: Property is approximately
0.48-acre and is located at the southeast corner of La
Palma Avenue and Sunkist Street (US Gas-Valero).
Request to permit the sale of beer and wine for off-premises consumption
and amend conditions of approval at apreviously-approved service
station with convenience market and car wash.
Conditional Use Permit Resolution No.
H:\docs\c I e ri ca I\agen d as\061206. doc
Request for
Continuance to
June 26, 2006
Project Planner:
Qpramirez~ anaheim. nett
Project P/anner.•
(dherrick ®anaheim. net)
(06/12/06)
Page 5
Sa.
8b.
8b.
Agent: City of Anaheim,. 200 South Anaheim Boulevard, Anaheim,
CA 92805
Location: The Anaheim Resort encompasses approximately 1,078
acres within the City of Anaheim and is generally located
adjacent to and southwest of the Santa Ana Freeway (I-5)
between the Disneyland Drive off ramp and Chapman
Avenue, with a portion located north of the I'-5/Harbor
Boulevard interchange. The Commercial Recreation
General Plan land use designation includes all of the
properties within The Anaheim Resort. The Anaheim
Resort Specific Plan area is located within The Anaheim
Resort and encompasses approximately 560 acres. The
proposed Anaheim Resort Residential Overlay involves two
sites within the Anaheim Resort Specific Plan area. Site A
encompasses approximately 43.7 acres east of Anaheim
Boulevard and Haster Street in the vicinity of Katella
Avenue. Sfte B encompasses approximately 15.6 acres
south of Wilken Way and east of Harbor Boulevard.
General Plan Amendment No, 2006-00442 -City initiated request to
amend the Land Use Element of the General Plan to amend Table LU-4
and the description for the Commercial Recreation land. use desfgnation
to allow residential uses in conjunction with full-service hotels within two
targeted areas of the Anahefm Resort Specific Plan area.
Amendment No. 7 to the Anahefm Resort Specific Plan (SPN No.
2006-00036) -City initiated request to amend the Zoning and
Development Standards (Chapter 18.116 of the Anaheim Municipal Code)
for the Anaheim Resort Specific Plan No. 92-2` to establish an overlay
(Anaheim Resort Residential Overlay) and standards for the development
of residential uses in conjunction with full-service hotels within two
targeted areas of the Anaheim Resort Specific Plan area.
' Advertisted to include "fn its entirety to provide consistency with. Title 18 (Zoning
Code), and provide minor modifications and clarifications"
General Plan Amendment Resolution No.
Amendment No. 7 To The Anaheim Resort Specific
Plan Resolution No.
Project Planner.
(skim®anaheim.netJ
Adjourn To Monday, June 26, 2006 at 1:00 P.IVI, for Preliminary
Plan Review.
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Page 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
10:00 a.m. June 9. 2006
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
(~ /CJ//OUN~}CIrL~,~DI/S~ PLAY KIOSK
SIGNED: j,ladlA/~{,C.~ 6 /!V /~. (~Q~
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and. Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You wilt 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.
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Page 7
SCHEDULE
2006
June 26
July 1-0
JUIy 24
August 7
August 21
~~ September 6 (Wed) ~~
~~ September 18 ~~
October 2
October 16
October 30
November 13
November 27
December 11
IL December 27 (Wed) II
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Page 8
Item No- 1E
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'~ 195
T He~e~q ~F
D RCL 98-99-11
,°o RCL 63-fi4-11B (1)
E CUP 2487
CUP fi70
U m COMM. SHOPS
mE
Q
y
9
C~ CUP 2
~ RCL 98-99-t
48
E °1 RCL 63-04-118 (2) CUP 2431
E e CUP 3269 CUP 2418
° o CUP 3044 CUP994
E ~ RITZ DANCING
my C-G (BCC)
~~ RCL 98-99-17
RCL 63-04-118(5)
CUP 3513
h CUP 3044
RESTAURAM
A
PV+CE PARKING
CUP 2~0~-04974
RCL B&89-11
rcuP zoos-0s6Be rc
T-cuP Z9B1-04457 do
CUP 2000-0428 9fo
T-CUP 2000-04512 ~aq
VAR 2002-04530 u
VAR 433
C-G (BCC) RCL 98-99-1
TILE 8 RCL 56-57-2
MARBLE VAR 1140
VAR 433
C-G (BCC)
RCL 96-99-11
RCL 56-57-2
CUP 2991-94419
VAR 433
BROOKHURST
PLAZA
KK
7
p CUP 3466 ~~rc~u°»
9: VAR 16075 rc rc C-G (BCGI
UI CHURCH GGf9CCj RCL 9&98-11
-d SCHOOL RCL B66-99-1 RCL6dE5-75 C-G (BCC)
(~0 R VAR~36dt-01B (d) I RCL 5F57-2 RCL 96-99-11
CUP 37]0 VAR 2218 S VAR 433
H VAR 2286 I VAR 2240 PIZZA
MARKET VAR 433
I SMALL SHOPS
9 ORANG®c®uNrviiM~rse OReAe''N-"GE AVENUE I
ANAHEIM CITYLIMITS 9t~-156 ®I® 24fi'-~
CI GG BCC) RCL B69&11 I
Z RCL B~B9-i1 }pp RCL 6d-65-07 C-G (BCC)
W I RM-4 RCL 57-58-20 p RCL 57-58-20 I ftCL 646&76
W z T-0UP 2008-060888$$ CUP 200d4)4944 TLUP 2000-04194
J ° l DU TLUP 2005-0501 CUP 3744 CUP 1Td2
RM-0 -. CUP 20044MB04 CUP 2491 IN N OUT BURGE
~ o RCL 6]-69-73 RCL 87-fiB-73p~ CUP 2189 RE9TAURANT W RE6TAURANT GG (BCC)
pS.~r- VAR 1970 VAR 1876 m CUP 2073 W RCL 98-99-11
RCL 9T-y2_70 N ! CUP 1696 ~ RCL 64-fi5-123
VAR 4182 T-PCN 2006-0002 C-G.(BCC) ~ RCL 64-65-13
T?CN 2005-000 RCL 86699-11 ~ RCL 59-6D-70
`PCN 200d-000/5' RCL 57-5&20
RTMENTS sMALL CUP 2006-04844 64-6513
6$ DU SHOPS BANK OF ~
THE WEST d' ALBERTSON'S _
RM~4 RGL ee•98-1~- c-G 16ec7 Z COMMERCIAL SHOPS
RCL 67-68-73 RCL fid-6548 RCL 9&89-11 Y
~, RCL 64E540 CUP 6827 RCL 64-65-48 ~
~ VAR 1970 CUP 109 CUP 109
VAR 3N3C7 OFFICE ANO RETAIL ~
C-G
C-G IBCC1 CUP 2003-04814 m RCL 98-99-11
RCL S9-ss-1 CUP4677 RCL 64-6513
CLEARBROOK LN T-CUP 2066 05065 PROFESSIONAL CUP 2251
~~ OFFICE CUP 1734
C-G (BCC) VAR 652
RCL 98-99-01 VACANT
RCL 64-95-08
r (6ccl
1Gu
C-G (BCC)
RCL 90.98-11
RCL 72-73-23
RCL 72-73-06
CUP 1325
MOTEL
Conditional Use Permit No. 2004-04844
TRACKING NO. CUP 2006-05095
Determination of Public Convenience
or Necessity No. 2004- 00015
TRACKING NO. PCN 2006-00025
Requested By: ERIC HULL
611 South Brookhurst Street
1ooB2
`~1DI` /~
NIOf~E (/~/N\~\
Subject Property
Date: June 12, 2006
Scale: 1" = 200'
Q.S. No. 34
City of Anaheim
I~LAIV1VIlVG I.~EPARTMEIVT
June 12, 2006
Michelle Alfieri, SSOE, Inc.
8001 Irvine Center Drive, Suite 400
Irvine, CA 9261.8
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
June 12, 2006.
1. REPORTS AND RECOMMENDATIONS:
A (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVEDI
(b) CONDITIONAL USE PERMIT NO. 2004-04844
(Tracking No. CUP2006-05095)
(c) DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2004-00015
(Tracking No. PCN2006-00025)
Agent: Michelle Alfieri, SSOE, Inc., 8001 Irvine Center Drive, Suite 400, Irvine, CA
92618
Location: 611 South Brookhurst Street
www.awheim,net
Request a retroactive extension of time to comply with conditions of approval for the retail sales
of alcoholic beverages for off-premises consumption in conjunction. with apreviously-approved
pharmacy.
ACTION: Commissioner XXXX offered a motion, seconded by Commissioner XXXX and
MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the
previously-approved Negative Declaration is adequate to serve as the required environmental
documentation for subject request.
Commissioner XXXX offered a motion, seconded by Commissioner XXXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby approve the request for a one
(1) year retroactive extension of time to expire on May 17, 2007, based on the following:
(i) That this is the second request for a time extension and Code permits a maximum of two
request's for extension of time to comply with conditions of approval.
(ii) That the property has been maintained in a safe, clean and aesthetically pleasing manner
with no outstanding code violations affecting this property.
(iii) That there is no information or changed circumstances which contradict the facts
necessary to support one or more of the required findings for approval of Conditional Use
Permit No.2004-04844.
(iv) That although the project is not consistent with the Low Medium Density Residential land
use designation, the resolution approving the General Plan and Zoning Code Update
exempts approved projects provided a time extension is granted by the approval authority.
Sincerely,
Eleanor MoIrris, Senior Secretary
An~~esjoot PNaane m ~oCfomdnission
CUI~(rSVkRriN31(f Flfi~S~'6~d Pt
TEL (774)765-5199
Attachment - R8R 1-A
RESOLUTION NO. PC2004-55
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2004-04644 BE GRANTED
(611 SOUTH BROOKHURST STREET)
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real properly situated in the City of Anaheim, County of Orange, State of
California, described as:
THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO LOS COYOTES,
IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF
SAID ORANGE COUNTY, SHOWN AS PERCEL 1 ON A MAP RECORED IN BOOK 54,
PAGE 20, PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on May 17, 2004, at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf,. and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is propedy one for which a conditional use permit is authorized by
Anaheim Municipal Code Sect(on No. 18.55.0442.060; and
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 sale of alcoholic beverages is
ancillary (less than. ten percent [t 0%j) of the overall product mix provided by the store, and that there are no
other full service drug stores in the area that offer alcoholic beverages for off-premises consumption In the
area. Moreover, the operator adheres to strict employee training policies and therefore, the accessory sale
of alcoholic beverages, as proposed and. as approved, will not have a negative impact on the surrounding
area due to the operational characteristics identified in the company's 2002 Policy Information On the Sale of
Alcoholic Beverages provided to the Planning Commission and included as an attachment to the staff report
dated May 17, 2004; and!
3. 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 as the proposed drug would comply with all provisions of the Zoning Code and
would not require any waivers for development;. and
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
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 because
the sale of alcoholic beverages is ancillary (less than ten percent [70%)) to the overall product mix provided
by the store: Moreover, the operator adheres to strict employee training policies and therefore the accessory
sale of alcoholic beverages, as proposed and as approved, will not have a negative impact on the
-surrounding area; and
Cr\PC2004-055 -1- PC2004-55
6. That one person indicated their presence al said public hearing in opposition; and 2 people
spoke with concerns regarding the subject request; and that no correspondence was received in opposition
to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Cily Planning.
Commission has reviewed the proposal to permit retail sales of alcoholic beverages for off-premises
consumption in conjunction with a proposed pharmacy on arectangular-shaped 2.3-acre property, and does
hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment
of the lead agency and that it has considered the Negative Declaration together with any comments received
during the public review process and further finding on the basis of the initial study and any comments
received that there is no substantial evidence that the project will have a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That fhe sale of alcoholic beverages for off-premises consumption shall expire one (1) year from the
dale of occupancy.
2. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this
condition.
3. That no display of alcoholic beverages shall be located outside of the. building or within five (5) feet of
any public entrance to the building.
4. That the area of alcoholic beverage displays shall not exceed ten percent (10%) of the total display
area in the building.
5. That the. sale of alcoholic beverages shall be made to customers only when. the customer is in the
building..
6. That no person under eighteen (18) years of age shall sell or be permitted to sell any alcoholic
beverages without approval of a stare supervisor twenty-one (21) years of age or older.
7. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and
that wine coolers shall not be sold in packages containing less than a four (4) pack.
8. That the possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around these premises.
9. That the parking lot of the premises shall be equipped with decorative lighting of sufficient power to
Illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of
any neighboring residences. Said information shall be specifically shown on plans submitted for
liuilding permits.
10. That there shall be no amusement machines, video game devices, or pool tables maintained upon the
premises at any time.
_2_ PC2004-55
1 i. That !here shall be no public telephones on the property that are located outside the building and
within the control of the applicant.
12. That the gross sales of alcoholic beverages shall not exceed thirty-five percent (35%) of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating
the separate amounts of sales of alcoholic beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when requested.
13. That 3-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shalt not be visible from the view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
14. That in order to maintain visibility into the establishment For security purposes, window signage shall
not be permitted. All fixtures, displays, mercharidise and other materials shall be setback a minimum
of three (3) feet from all window areas. Said information shall be spedificaily shown on plans submitted
for building permits.
15. 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.
16. That any tree or other landscaping material planted on-site shall be replaced in a timely manner in the
event that it is removed,. damaged, diseased andlor dead.
17. That noroof-mounted balloons or other inflatable devices shall be permitted on the property.
18. That no outdoor vending machines visible from off-site shall be permitted on the property.
1g. That there shall be no outdoor storage permitted on the premises. All shopping cart storage shall be
located within the building. A shopping cart retrieval plan shall be submitted to staff for review and
approval. Said plan. shall be implemented upon occupancy of the store.
20. That roof-mounted equipment shall be screened from view in accordance with. the requirements of
Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone.
Said information shall be specifically shown on plans submitted for building permits.
21. That final elevation plans shall be submitted to the Zoning Division and Community Development
Department for review and approvaf. Said plans shall incorporate a ledge stone or similar enhanced
treatment along each building elevation, and additional architectural enhancements to the rear
elevation along the west property line. Any decision by City staff may be appealed to the Planning
Commission as a Reports and Recommendation Item.
22. That final sign plans for the monument sign and: directional signage shalt be submitted to the Zoning
Division for review and. approval.. Said plans shall incorporate the stone treatment identical to the
treatment utilized on the building, an 18-inch high base Including 9-inch high address letters, and a
decorative cornice treatment along the full length of the monument sign. The final sign plans shall
reflect the relocation of the monument sign outside the sight-distance triangle at the intersection of
Brookhurst Street and Orange Avenue. Any decision made by staff regarding said sign plans may be
appealed to the Planning Commission as a "Reports and Recommendation" item.
Z3. Thal final landscape and hardscape plans shall be submitted to the Zoning Division of the Planning
Department for review and approval including the following:
A landscaped planter along the north and east building elevations (facing Orange Avenue and
---.- - Brookhurst Street).
° Plans shall indicate a total of fifteen (15) 24-inch. box sized trees along Brookhurst Street.
-3- PC2004-55
Plans shall indicate a total of seventeen (17) 24-inch box sized trees along Orange Avenue.
A minimum thirty-six (36) inch high hedge within the street side setback along both Brookhurst
Street and Orange Avenue.
o All oh site landscaping, including trees, shall be consistent with the Brookhurst Street Corridor
Design Study.
a Decorative smooth pavement treatment at the driveway entrances on Brookhurst Street and
Orange Avenue.
Any decision made by staff regarding said final landscape and hardscape plans maybe appealed to
the Planning Commission as a "Reports and Recommendations" item.
24. That trash. storage areas shall. be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines
planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown
on the plans submitted for building permits..
25. 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.
26. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Said tum-around area shall be specifically shown on plans submitted for building permits.
' 27. That all backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall`be brought up tc current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information. shall be
specifically shown on plans and approved by W ater Engineering and Cross Connection Control
Inspector. .
28. That all requests for new water services and fire lines as welt 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.
29. 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 be done in accordance with rule No. 15A.6 of the Water Utility Rates, Rules, and
Regulations.
30. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of Anaheim Municipal Code No. 5349 regarding
water conservation. Said Information shall be specifically shown on plans submitted for building
permits.
31. Thaf all existing water services and fire lines shall conform to current. W ater Service Standards
Specifications. Any water service or fire line that does not meet current standards shall be upgraded if
~. ., continued use Is necessary or abandoned if the existing service is no longer needed. The
ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
-4- PC2004-55
32. That individual water service and/or fire line connections shall be required for each parcel per Rule 18
of the City of Anaheim's Water Rates, Rules, and Regulations.
33. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone C shall
be paid. The mitigation fee is currently $46/1000 SF for commercial developments.
34. 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.
• Incoryorates 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.
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPa
35. That prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WOMP 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 W OMP
• 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.
36. That the existing building on the proposed site shall be demolished. The legal property owner shall obtain
a demolition permit from the Building Division.
37. That the developer shall submit street improvement plans to the Public Works Department, Development
Services Division and a bond shall be posted to guarantee that Orange Avenue and Brookhurst Street are
improved in accordance with City standards. The improvements shall be constructed prior to certificate of
occupancy.
38. That the property owner shall submit a letter requesting termination of Conditional Use Permit No.
1896 (to permit a pawnshop), Conditional Use Permit No. 2073 (to permit on-sale beer and wine in an
existing restaurant in the CL Zone), Conditicnal Use Permit No. 2189 (to permit on-sale beer and wine
in an existing restaurant), Conditional Use Permit No. 2491 (to permit on-sale beer and wine in an
existing restaurant with waiver of minimum number of parking spaces), and Conditional Use Permit No.
3744 (to permit a 720 square foot expansion of an existing 3,661 square foot enclosed restaurant with
on-premise sale and consumption of beer and wine) to the Zoning Division.
39. Thai the drive through window shalt only be used to obtain pharmacy related products.
40. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
_ . _ Department marked Exhibit Nos. 1 and 5, and as conditioned herein.
-5- PC2004-55
41, 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. 9, 13, 14, 19, 20, 21, 22, 23, 24, 25, 26, 27, 30, 33,
34, 36, 37 and 38, 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.
42. That prior to final building and zoning inspections, Condition Nos. 35, 37 and 40, above-mentioned,
shall be complied with.
43. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable Ciry, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find
and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each
and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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:
AYESt COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BOSTWICK
IN W ITNESS WHEREOF, I have hereunto set my hand this `day of
_, 2004. -
(ORIGINAL SIGNED BY PAT CHANDLER)
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-8- PC2004-55
Attachment - R8R 1-A
SSOE, INC..
ARCHITECTS • ENGINEERS
8007 Inure CenierDrive, 5.400
Irvine, CA 92618.2938
Telephone 949.754.3029
Facsimile 949.754.4001
April 19, 2006
Kim Wong
City of Anaheim
Planning Department
200 South Anaheim Boulevard
Anaheim, CA 92803
•a
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w w w. s s o e, c o m
RE: Sav-on Drug Store Resolution Plo. PC2004-55
Dear Ms. Kimberly Wong;
SSOE, Inc. on behalf of Albertson's, Inc. is requesting a one (1) year extension of
time for Resolution No. PC2004-55 -Conditional Use Permit No. 2004-04844 that
was granted at 611 South Brookhurst Street, Anaheim, California.
Albertson's is requesting this extension due to resolving issues with the adjacent
property owners.
Your time and consideration is greatly appreciated.
Best regards,
SSOE, inc.
Michelle Alfieri
Project Manager
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Conditional Use Permit No. 3902 Subject Property
TRACKING NO. CUP2006-05094 Date: June 12, 2006
Scale: 1" = 200'
Requested By: ANDREW PASZTERKO Q.S. No. 86
1200 South Harbor Boulevard 1oos7
City of Anaheim
I~LANn1ING DEI~AI2TMENT
June 12, 2006
Andrew Paszterko
2055 North Alvarado Street.
Los Angeles, CA 90039
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
June 12, 2006.
1. REPORTS AND RECOMMENDATIONS:
B. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 3902
(TRACKING N0.
Location: 1200 South Harbor Boulevard: Property is approximately 0.98 acres
located at the southeast corner of Harbor Boulevard and Ball Road, having frontages
of 310 feet on the east side of Harbor Boulevard, 170 feet on the south. side of Ball
Road, and 322 feet on the west side of Palm Street (1200 South Harbor Boulevard).
www.anaheim.nel
Request to review final elevation plans for apreviously-approved coffee shop and
commercial retail center in conjunction with an existing service station with accessory
convenience market with beer and wine sales for off-premises consumption and drive-
through restaurant.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
review final. elevation plans for apreviously-approved coffee shop and commercial retail
center in conjunction with an existing service station with accessory convenience market with
beer and wine sales for off-premises consumption and drive-through restaurant and does
hereby determine that the previously-approved Negative Declaration serves as adequate
environmental documentation for this request,
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED,.. that the Anaheim Planning Commission has reviewed the request to review final
elevation plans for apreviously-approved coffee shop and commercial retail center in
conjunction with an existing service station with accessory convenience market with beer and
wine sales for off-premises consumption and drive-through restaurant, and does hereby
a rove that the elevation plans based on Commission's concurrence with staff that the final
plans are architecturally enhanced to provide a quality commercial retail center that is
compatible with the existing neighborhood.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
CUP2006-05094_Exceryt
200 South Anaheim Boulevartl
P:0. Box 3222
Anaheim, Calilarnia 92A03
TEL (714) 705-5139
Attachment - R&R 1-B
RESOLUTION NO. PC2005-155
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NOS. 97R-21 AND PC98-204, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 3902
WHEREAS, on February 25, 1997, Resolution No. 97R-21 was adopted by the Anaheim City
Council to approve Conditional Use Permit No. 3902 and permit a service station and accessory
convenience market with the sale of beer and wine for off-premises consumption, and a ddve-through fast
food restaurant at 520 West Ball Road with waivers of maximum wall height and minimum structural and
landscaped setback adjacent to a local street and required site screening; and
WHEREAS, on December 21, 1998, Resolution No. PC98-204 was adopted by the Anaheim
Planning Commission for approval. of revised plans to construct adrive-through fast food restaurant in
conjunction with the service station and accessory convenience market with the sale of beer and wine for off-
premises consumption, with. waivers of minimum number of parking spaces and minimum drive-through lane
requirements; and
WHEREAS, this property is developed with a service station, accessory convenience market
and fast-food drive-through restaurant in the CG (General Commercial) zone; and
WHEREAS, the applicant requests approval of revised plans to construct a coffee shop
(Starbucks) and to establish a commercial retail center (with offices) in conjunction with the existing service
station, and drive-through fast food restaurant, with waivers of minimum structural and landscape setback,
required improvements for a local street, and minimum number of parking spaces; and
WHEREAS, the Anaheim: Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in he Citypf Anaheim, County of Orange, State of California,
described as:
PARCEL 1: LOTS 65 THROUGH 69 INCLUSIVE OF TRACT NO. 1758, AS SHOWN ON A
MAP RECORDED IN BOOK 53, PAGES 19 AND 20 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA.
EXCEPTING FROM SAID LOT 65 THAT PORTION DESCRIBED AS PARCEL 200709-I IN
DEED TO THE STATE OF CALIFORNIA RECORDED AUGUST 31, 1994 AS INSTRUMENT
N0.94-0534178 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.
PARCEL 2: THE WEST 150.00 FEET OF THE NORTH 150.00 FEET OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDED OF ORANGE COUNTY, CALIFORNIA.
PARCEL 3: THE SOUTH 90.00 FEET OF THE NORTH 240.00 FEET OF THE WEST 150.00
FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA.
Cr\PC2005-155 -1- PC2005-155
Tracking No. CUP2005-05022
WHEREAS,. the Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on October 3, 2005 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 to the November
14, and November 28, 2005 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 proposal to construct a coffee shop (Starbucks) and to establish a commercial retail
center (with offices) in conjunction with. an existing service station with accessory convenience market with
beer and wine for off-premises consumption and a 2,000 square foot drive-thru fast food restaurant, is
authorized by Anaheim Municipal Code Section 18.08.030.010, with the following waivers:
(a) SECTION NOS. 18.08.060.010.0101
and 1.8.08.060.010.0102
Minimum structural and landscape
setback (10 feet required along Palm Street;
2 feet proposed)
(b) SECTION NO. 18.40.060.030
(c) SECTION NO. 18.42.040.010
Required dedication and improvements for a
local Street DELETED)
Minimum number of parking spaces
(s4 required; 41 proposed and recommended
by the City's independent traffic engineer)
2. That the above-mentioned waiver (a) is hereby approved because the proposed addition
would be in line with the existing building. and the existing wall, and. since the addition would be consistent
with the assumptions of the previously-approved waiver, staff believes the necessary findings for approval of
the requested waiver can be justified, given the property's unique shape and location (fronts on three streets
with over 800 linear feet of frontage. Required street and front setbacks are intended to provide an adequate
landscaped buffer between. buildings and the adjacent public or private streets. Additionally the proposal
meets the intent of the Code and is consistent with the previously-approved waiver staff.
3. That the above-mentioned waiver (b) is hereby denied. as it is not necessary.
4. That the above-mentioned waiver (c) is hereby approved based submitted a parking analysis
prepared by Kunzman Associates, Inc., dated November 8, 2005, to substantiate the. requested parking
waiver. The City's independent traffic engineer has. reviewed the parking analysis and has determined that
the proposed parking area referenced in the study would be sufficient for the proposed uses on the property.
5. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use, since the observed parking demand of the existing on site uses is 25 spaces, resulting in an
excess of 16 parking spaces. The proposed uses would generate acode-required demand of 15 spaces.
Since the project would provide a total of 41 parking spaces, and project demand would be a total of 40
spaces, staff believes the project would provide adequate off-street parking to accommodate all vehicles
attributable to the proposal under normal operation.
6. That the waiver, under the conditions imposed, if any, will not increase the demand and
......:...competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. As
demonstrated in this parking study, the project will provide adequate parking on-site to accommodate parking
-2- PC2005-155
demand under normal operation. The site is expected to contain a surplus of at least one space during peak
operation. It is unlikely that the on site peak demand of current uses (12:30 p.m. on a Saturday) would
conflict with the peak demand for the two proposed uses (Starbucks and offices); therefore, staff does not
believe there would be an impact upon on-street parking as a result of this use.
7. That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use as the property
will provide adequate parking to accommodate actual parking demand. The site is expected to contain a
surplus of at least one space during peak operation. However, it is unlikely that the on site peak demand of
current uses (12:30 p.m. on a Saturday) would conflict with the peak demand for the two proposed uses
(Starbucks and offices). As indicated by the study, no demand for parking on adjacent private property is
anticipated.
8. That the waiver, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use since no change in the configuration of the site
driveways or internal circulation are proposed in a manner that would create potential conflict or traffic
congestion within the site. The combined uses on site operate such that peak operation demand for the
uses would generally not overlap (Taco Bell has a high weekend lunch demand, Starbucks. typically has a
morning weekday demand, the service.station and convenience market would generally have a high morning
and evening demand, and the office would have a weekday demand). Since the peak demands of the uses
do not significantly overlap, traffic congestion would not be anticipated with implementation of the project.
9. 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 since no
change is proposed to the location of the driveways on the site and only a minor change to the parking layout
is proposed and would not impede vehicular ingress to or egress from adjacent properties. Furthermore, it
has been established that a sufficient supply of off-street parking will be provided to meet the forecasted
parking demand. Therefore, neither stacking onto the public street nor blocking an adjacent driveway would
be expected to occur.
10. That the use will not adversely affect the adjoining land uses or the growth and development
of the area in which it is proposed to be located as the parking study has demonstrated that the site can
accommodate the combined uses on site;
11. That the granting of the conditional. use permit under the conditions imposed, if any, will not
be detrimental to the health and. safety of the citizens of the City of Anaheim.
12. That no one 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 construct a coffee shop (Starbucks) and to establish a commercial
retail center (with offices) in conjunction with an existing service station with accessory convenience market
with beer and wine for off-premises consumption and a 2,000 square foot drive-through fast food restaurant,
with waiver of minimum number of parking spaces and minimum landscape and structural setback and does
hereby find that a Negative Declaration is adequate to serve as the required environmental documentation in
connection with this request upon finding that the declaration reflects the independent judgment of the lead
agency and that it has considered the Negative Declaration together with any comments received during the
public review process and further finding on the basis of the initial study and any comments received that
there is np sutistantial evidence that the project will have a significant effect on the environment.
-3- PC2005-155
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, amending Conditional Use Permit No. 3902, and
incorporating the conditions of approval contained in Resolution Nos. 97R-21 and PC98-204 into a resolution
with 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:
(Bold text indicates new or modified conditions)
1. That there shall be no exterior advertising or sign of any kind. or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this
condition.
2. That there shall be no display of beer and wine located outside of the building or within five (5) feet of
any public entrance. to the building:
3. That the area of beer and wine displays shall not. exceed 25% of the total display area in the building.
Said information shall be specifically shown on plans submitted. for building permits.
4. That the sale of beer and wine shall be made to customers only when the customer is in the building.
5. That beer and malt beverages shall. not be sold in packages containing less than a six (5) pack, and that
wine coolers shale not be sold in packages containing less than a four (4) pack.
6. That the possession of beer and wine in open containers and the consumption of beer and wine are
prohibited on or around the premises.
7: That the gross sales of beer and wine shall not exceed 40% of all retail sales during any three (3) month
period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of
sales of beer and wine and other items. These records shall be made available for inspection by any
City of Anaheim official when requested.
8. That no wine shall be sold in bottles or containers smaller than 750 ml.
9. That no person under eighteen (18) years of age shall sell or be permitted to sect any beer or wine
unless a supervisor twenty-one (21) years or older is on site.
10. That window signage shall not be permitted for the service station, convenience market andlor fast food
restaurant.
11. That the sale of beer and wine shalt be permitted only between the hours of 8 am and 11 pm.
12. That the order speaker device for the drive-thru restaurant shall be equipped with an operable volume
control. The sound. emitted shall not be audible at the residentially zoned boundaries to the south and
east. The ordering device shall not operate after 11 pm or before 6 am.
13. That no propane tank(s) shall be permitted on site.
14. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or abdut the premises during the
hours of darkness and provide a safe, secure environment for all. persons, properly, and vehicles on-
site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties.
15. That no video, electronic or other amusement devices shall be permitted on the premises.
-4- PC2005-155
16. That the service station, convenience market, coffee shop, and fast food restaurant employees shall be
required to park in the parking spaces adjacent to the east property line.
17. That no medical or dental offices shall be allowed at this site.
18. That no more than four (4) leasable office spaces shall be permitted with a total floor area of
1,204 square feet on the second floor of the convenience market. The remaining area shall be
limited in use to office and storage area for the convenience market. Said information shall be
indicated on plans submitted for building permits.
19. That final sign plans shall be submitted to the Planning Services Division for review and
approval as to placement, design and materials of all proposed on-site signage. That the
additional signage shall be limited to a single wall sign. on the west elevation of the convenience
market building to identify the office space; and the wall signs shown on the approved exhibits
for the Starbucks. No additional wall or freestanding/monument signs shall be permitted. The
signage shall be designed to complement the architecture of the commercial retail center. Any
decision by staff may be appealed to the Planning Commission as a "Reports and
Recommendations" item.
20. That if the Starbucks use changes, an updated parking study shall be provided to the Planning
Services Division for review and approval by staff to determine whether the assumptions
contained in the original parking study are still valid. Any decision by staff may be appealed to
:the Planning Commissiogas a "Reports and Recommendations" item.
21. That all public phones shalt be located inside the building.
22. That all trash generated from the 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 Community Preservation Division of the Planning
Department shall determine the need for additional bins or additional pick-up. All costs for
increasing the number of bins or frequency of pick-up shall be paid by the business owner.
23. That any tree or other landscaping planted on-site shall be replaced fn a timely manner in the
event that it is removed, damaged, diseased and/or dead.
24. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
25. That no outdoor vending machines shall be permitted on the property.
26. 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.
27. That there shall be no outdoor storage permitted on the premises.
28. That roof-mounted equipment shall be screened from view in accordance with the requirements
of Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone.
Said information shall be specifically shown on plans submitted for building permits.
29. That the property shall be permanently maintained in an orderly fashion by the provision of
-egulariandscaping maintenance, removal of trash or debris, and removal of graffiti within
twenty four (24j hours from time of occurrence.
-5- PC2005-155
30. That all requests for new water services or fire lines, as well as any modifications,. relocations,
or abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim. Public Utilities Department.
31. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer
needed.. The owner/developershail be responsible for the costs to upgrade or to abandon any
water service of fire line.
32. That the developer shall submit grading plans to the Public Works Department, Development
Services Division to improve right-of-way with the installation of parkway and street trees and
irrigation on Ball Road in conformance with. Public Works Standard Detail 110 and the
Department of Public Works Landscape and Irrigation Manual for Public Streets, Highway, Right-
of-way and Easements. Landscaping and irrigation in the public right-of-way along Ball Road
shall be connected to the an-site irrigation system and maintained by the property owner.
33. That the property owner shall irrevocably offer to dedicate for corner cut-off for road, public
utilities and. other public purposes, at Ball Road and Harbor Boulevard and Bali Road and Palm
Street.
34. That the property owner shall improve the sidewalk access ramps. adjacent to the property to be
consistent with Public Works Standard Detail 111-2 on Ball Road. Said information shall. be
specifically shown on plans submitted for Public Works Department, Development Services
Division approval
35. That the property owner shall irrevocably offer to dedicate to the City of Anaheim. an easement 3
feet in width (12-feet total r/w behind curb is required) for a total distance of 30 feet from the
construction centerline of Palm Street for road, public utilities and other public purposes.
36. 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 plans submitted for building permits. Plans shall also identify the specific screening
treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access
points,. etc.). Said information shall be specifically shown on plans submitted for building
permits.
37. That any required relocation of City electrical facilities shall be at the developer's expense.
38. That plans shall be submitted to the Traffic and Transportation manager for his review and
approval showing conformance with Engineering Standard No. 115 pertaining to sight. distance
visibility for the monument sign and walllfence location.
39. That the property ownerldevelopershail provide the City of Anaheim with a public utilities
easement to be determined as electrical design is completed._
40. That plans shall be submitted to the Planning. Services Division for review and approval in
conformance with the current version of Engineering Standard Plan Plos. 436, and 470 pertaining
to parking standards and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans.
41. Thatan Emergency Listing Card, Form ADP-281 shall be submitted in a completed form to the
Anaheim Police Department.
-6- PC2005-1.55
42. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall
be fully screened. by architectural devices and/or appropriate building materials. Said
information shall be specifically shown on the plans submitted for building permits.
43. That a final landscape plan shall be submitted to the Planning Services Division for review and
approval. Said plans shall specify the following:
• The refurbishment of all landscaping areas on site including those areas adjacent to the
existing Taco Bell fast food restaurant and the frontage along Harbor Boulevard and the
drive through lane for the Taco Bell.
• The size, type, and location of all trees, shrubs, and ground cover proposed for the site.
• Minimum. 24inch box sized trees, and clinging vines along alt perimeter block walls and
landscaped fingers every ten (10) parking stalls. "
• Trees within. the parking area evenly distributed within all proposed landscaped fingers.
Any decision by staff may be appealed to the Planning Commission as a "Reports and
Recommendations" item.
44. That no on-street parking shall be permitted on the west side of Palm Street for a distance of
three hundred (300) feet south from Bali Road.
45. That final elevation plans reflecting a design: that creates a unified look between the existing
building and the proposed addition shall be submitted to the Planning Services Division for
review by the Planning Commission as a Reports and Recommendation Item.
46. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim. by the petitioner and which plans are on file
with the Planning Department Revision No. 2 of Exhibit No. 1, Revision No. 1 of Exhibit Nos. 3
and 6, and Exhibit Nos. 2a, 2b, 4a, 4b, 5, 7, 8, and 9, and as conditioned herein.
47. 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. 18, 19, 26, 28, 32, 33, 34, 35, 36, 38, 39, 40, 42,
43 and 45, above mentioned, shall be complied with. Extensions for further time to complete
said conditions may be granted in accordance with Section 18.80.170 of the Anaheim Municipal
Code.
48. That prior to final building and zoning inspections, Condition Nos.. 30, 34, 41, and 46, above
mentioned, shall be complied with. Extensions for further time to complete said conditions may
be granted in accordance with Section 16.60.170 of the Anaheim Municipal Code.
49. 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
ail 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 competentjurisdiction, 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 15 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.
-7- PC2005-155
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
November 28, 2005. Said resolution is subject tc 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
_ (ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM 1
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 November 28, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, VELASOUEZ
NOES: COMMISSIONERS: FLORES
ABSENT: COMMISSIONERS: PEREZ, ROMERO
IN WITNESS WHEREOF, P have hereunto set my hand this day of
2005.
{ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-8- PC2005-155
Item No. 2
^' NP49>2 LOP 3341 EAGLE DR
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ALL PROPERTIES ARE IN THE MERGED REDEVELOPMENT PROJECT AREA (NORTHEAST AREA) ~V
Specific_Pian No. 88-3 ~ ~~ '~ Subject Properly
TRACKING NO. SPN2006-00034 Date: May 31, 2006
Scale: 1" = 200'
Requested By: TUSTIN RETAIL CENTER, LLC Q.S. No. 150
3610-3720 East La Palma Avenue and 1001-1091 North Tustin Avenue (The Pacificenter Specific Plan 88-3) 1oos3
Staff Report to the
Planning. Commission
June 12, 2006
Item No. 2
2a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 280 (PREVIOUSLY
CERTIFIED).
2b. AMENDMENT NO. 4 TO THE PACIFICENTER SPECIFIC
PLAN NO. 88-3 (Motion for Continuance)
(TRACKING NO. SPN2006-00034)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 25.8-acre property is located at the southwest corner of La Palma
Avenue and Tustin Avenue, having frontages of 745 feet on the south side of La Palma
Avenue and 1,240 feet on the west side of Tustin Avenue (3610 - 3720 East La Palma
Avenue and 1001 - 1091 North Tustin Avenue; The Pacificenter Specific Plan No. 88-3).
..REQUEST:
(2) The applicant requests approval of Amendment No. 4 to the Pacificenter Specific Plan No.
88-3 to modify the zoning and development standards pertaining to signage and hoteP
occupancy limitations.
BACKGROUND:
(3) This item was continued from the May 31, 2006, Commission meeting to allow the
applicant and staff time to review other options for monument signage.
(4) This property is developed with amixed-use commercial center, a home improvement retail
store, offices, a t50-room hotel, two drive-through restaurants and supporting commercial
.uses. The Anaheim General Plan designates this property and the property to the east for
.General Commercial land uses.. The properties to the north and west are designated as
Mixed Use land uses. To the south is the SR-91 (Riverside) Freeway.
(5) The applicant, Mark Frank, has submitted the attached letter dated. June 7, 2006,
requesting a continuance to the July 24, 2006, Commission meeting in order to work with
staff regarding a comprehensive signage program for the entire property.
RECOMMENDATION:
(6) That the Commission, by motion, continue this. item to the July 24, 2006, Planning
..Commission meeting.
SPN2006-0034conld.
1
Blank
Della Herrick
Page 1 of 1
Attachment -Item No. 2
From: Mark Frank [mfrank@promosigns.com]
Sent: Tuesday, June 06, 2006 7:23 PM
To: Della Herrick
Cc: Sandro Calitto; Nancy Kurth; Michael Nermon; Lee Schwietennan IAG 1; Brad. Schneider; John
Kim; Greg McCafferty
Subject: Pacific Center -Anaheim 1035 -1045 North Tustin Ave. 1 Planning Commission Meeting
Continuance Request[Attachment(s) Removed] (04)
~~ !~ 7'c.~~~~,9d2 e "LC' ('lJ {~ vc, ~Cc ~ pLJ f~-~i=~ ~ i Cic n~-&&`` //
Della: ~'~ ~ ~,~ S~-~ G'(~'1.-I-1~~~ w~ +U dJ(y ~~~U ~ Fv-
/
Per our telephone con~erastion today, we are in agreement to continue the case from. June
12, 2006 to
July, 24, 2006.
If possible, we would prefer if we can get this for scheduled for the July 10, 2006 meet[ng
instead. This will work better for Michael Nermon from Ergo Mattress Store. He will be out
of town during the week of July 24th. (I do not mind attending the meeting on my Birthday,
July 10th).
Michael. Nermon from Ergo finally did make contact with Julie Collins in Las Vegas
(Property Owner) today. He informed her of the situation and that the city was
considering to allow the proposed s[gn if we could give up the one corner monument sign in
front of Quizno's.
She also thought their may be an easement for the Pacific Center entry monument sign.
She will check her title report to see if their is anything on this. She will let us know by
Thursday of this week what she finds out.
If they do not have an easement, she would consider trading this sign out for the 4 tenant
monument sign.
I will. keep you informed what I find out as soon as I hear from her or Michael Nermon.
In the meantime, I have had no luck in tracking down anyone from Catellus Development
that merged with Pro-Log[cs last September.
Mark A. Frank
Promotional Signs
20361 Hermana Circle
Lake Forest CA 92830
949.458-1000 Phone
949.458-3530 Fax
714. 724.8764 Cell
E-Mail: Mfran_k@promosigns_com
6/8/2006
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MAGNOLIASQUARE
SHOPPING CENTER
West Anfiheim Commercial Corridor
8 RM-0
® RCL 65-66-06
ae RCL 62-63-124
Conditional Use Permit No, 2006-05091
Requested By: RONALD P BEARD TRUST
1222 South Magnolia Avenue
a
10051
=~~'y` ° Subject Property
Date: May 31 2006
Scale: 1" = 200'
Q.S. No. 29
T
MAGNOLIA HIGH SCHOOL
~:
Subject Property
Conditional Use Permit No. 2006-05091 Date: May 31 2006
Scale: 1" = 200'
Requested By: RONALD P BEARD TRUST Q.S. No. 29
1222 South Magnolia Avenue rooe~
_._ Ju1v 2005
.Staff Report. to the
Planning Commission
June 12, 2006
Item No. 3
3a. CEQA NEGATIVE DECLARATION (Motion)
3b. `WAIVER OF CODE REQUIREMENT (Motion)
3c. CONDITIONAL USE PERMIT N0.2006-05091 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped, 4.03-acre property is located south and east of the southeast
corner of Magnolia Avenue and Ball Road with a frontage of 225 feet on the east side of
Magnolia Avenue and 373 feet on the south side of BaILRoad (1222 South Magnolia ,
Avenue - W algreens).
:REQUEST:
-(2) The applicant requests approval. of a conditional use permit under authority of Code
Section No. 18.08.030.040.0402 (Commercial Retail Center and Drive-Through,Facilities)
to construct adrive-through pharmacy and permit a commercial retai+center with waivers of
the fallowing:
(a) :SECTION N0. 18.08.060.010 Minimum landscaped setback
15 foot wide setback required; 4 feet
proposed)
(b) SECTION NO. 18.42.040.010 Minimum number of parking spaces
.:.524 required; 430 proposed and
recommended by the City's: Independent.
Traffic and Transportation Consultant)
(c) SECTION NO. 18.44.110.010.0102 Maximum number of wall sions
(Deleted)
(d) .SECTION NO. 18.44.110.010.0103 Maximum letter height for a proposed
wall sign
24 inches. permitted, 34 inches
proposed)
(e) SECTION NO. 18.44.090.010 Maximum number of freestanding signs
(Deleted)
(f) .SECTION NO. 18.44.090.010.0102 Minimum distance between existing
.freestanding signs & location to oropertv line
50 and 300 feet required;. 2 and 90 to
235 feet proposed)
BACKGROUND:
(3) This item was continued from the May 31,.2006, Planning Commission meeting in order for
4he applicant to complete revisions to the proposed pharmacy...
(4) This property is currently developed. with a freestanding market and is zoned C-G (General
Commercial). The Anaheim General Plan designates this property for Neighborhood
- Commercial land uses. Surrounding properties are designated as follows:
sr-cup2006.05091jkn.doc
Page 1
Staff Report to the
Planning Commission
June 12, 2006
Item No. 3
Direction ! land Use Zoning General Plan
Designation
North (across Ball Rd.) Auto Repair and Fast C-G Residential Corridor/General
Food Restaurants and Commercial
Single-family dwelling
North and West (corner) Auto Tire Shop C-G Neighborhood Commercial
East Apartments and High RM-4 & T Medium Density Residential
School and High School Site
South Retail C-G Neighborhood. Commercial
West (across Magnolia Utility Substation, C-G General Commercial
Ave.) Liquor Store, Daycare 7 Public Institutional
& Condominiums RM-3 Low Medium Density
Residential
PREVIOUS ZONING ACTIONS:
(5) The following zoning action pertain to this property:
(c) Conditional Use Permit No. 2002-04628 (to establish conformity with existing zoning
code land use requirements for ah existing commercial retail center and to permit a
telecommunications antenna and accessory ground-mounted equipment with waiver of
maximum structural height within 150 feet of a single family residential zone boundary)
was approved by the Planning Commission oh April 07,2003. Since this
telecommunication facility was not constructed, this permit. is no longer valid.
DEVELOPMENT PROPOSALi
(6) The applicant requests a conditional use permit to construct adrive-through pharmacy
and permit a commercial. retail center on a property that is developed with one retail
market, but shares parking and circulation with an existing shopping center to the south..
The existing site has sufficient parking to eliminate a portion of the parkinglot for the new
freestanding. building.
Page 2
sty ,, Cotle ~.~ Cotle
Direetio~ ' ~'Requlre~/Proposetl RequredlProposed
';Butldmg=setback ,~'~, ., Landsdape°8etback
North (along Ball Rd.) 15 feet/15 feet 15 feeU15 feet
South (adjacent to None None
commercial center)
Easi (adjacent to 20 feeU 51 feet 10 feeU10 feet
residential zone)
West (across Magnolia) 15 feeU340 feet 15 feeU4 feet
The site plan indicates the proposed drive-through lane would be located along the south
.side of the building,. adjacent to the existing EI Sol Market. Entry to the drive-through lane
.would occur from the parking lotto the west of the proposed pharmacy. Code requires that
drive-through ones be located outside the minimum landscaped setback and thatJanes
have a minimum distance of one. hundred .(100) feet between the start of said lane and the
service window or area. Plans propose a length. of 100 feet from the drive-through
entrance to the pick up window in compliance with code. `
Page 3
Staff Report to the
Planning Commission
June 12, 2006
Item No. 3
~..
~r
v~riu
"'f ~ ~ ~ ~~~ „~
s,,;.~ ~.,r, ~., ..~ ~~ ~~ ~' ..d, .. ,:~ .,
!:: Vies
parking spaces for2he combined
#ollowinL~ chart:
Vlew irOm Lne WQSL LOwar05 eaSL
property line
iveways, wo on Ball Road, and two on
?32 total parking spaces available with 229
enter shares access and parking with an
dated as oneparcel. The total number of
.524 spaces is required based on the
r ., _.
~,,
1222 Magnolia '26,304 EI Sol Market 5~5/TSF 145
1224 Magnolia 2,381 "EI Sol Office 4lTSF 10
- 13,650 Walgreens `5.5/TSF 75
1250 Magnolia 1,500. Medical clinic 6/TSF 9
1228, 1230A 8
3
909.
Restaurants 8/TSF when integrated
31
.1256 Magnolia - , into a site
1212 Magnolia gg Retail kiosk 1/25 SF or,5/site 5
Smoke Shop whichever is higher
1226A, .1232,
- 92ao,1a42,
12aa,1aas,
r 1252, 9254, 45,308 Retail 5.5/TSF 249
9225B,r
1230B,1232A 8
1234 Ma nolia
Total 93,140 524
(9) The floor plan (Exhibit No. 2) indicates that the pharmacy would have a general sales area,
_ _ , _ a 1-hour photo, walk-in cooler freezer, pharmacy with patient seating, traininglmultipurpose
room, 2 restrooms, employee room, office, utility room and electrical room.
Page 4
i
Staff Report to the
Planning Commission
June 12, 2006
Item No, 3
(10) ?he elevation plans (Exhibit Nos. 3 and 4) indicate a 32 foot high mission style building
design incorporating features such as a mission file roof with sloping. mansard awnings and
a Benjamin Moore bar harbor beige trellis on the north elevation. Architectural
enhancements include split-face CMU wainscoting, cornices, and E.LF.$. finish for the
walls. The colors and materials proposed for the freestanding pharmacy are
complementary and include angora, almond, beige, Aztec gold, and cafe au lait.
~1 1 ~ r ~ ..
y `r- :n .~-+f~:.
.~: a,
~ ~
r~ <r ~ _ jPN9T0 ~.,, p;~PHAHMABY -
,' ~ t
':View facing Ball Road
1
.a
s ±~, k ~ .,.~ r ~ r'
-' PHA MAGY
q~'„ f4 ,' ~,. l ~ ,ySJy ~
., .. . a,_ ~, ~,.,x ., ,<. ,.,
F ?~~
..
View facing Magnolia Avenue
(11) The sign program (Exhibit Nos. 5 and 6) indicates the following signs:
Page 5
Staff Report to the
Planning Commission
June 12, 2006
Item No. 3
(12) The proposed wall signs would be internally illuminated channel letters flush-mounted to
the wall fascia. Code permits a wall. sign to cover nofmore than ten percent (10%) of the
building face with a maximum letter height of twenty-four (24) inches. The "Walgreens".wall
sign on the north and west elevations has a height of thirty-four (34) inches. The total sign
area proposed on the north and west elevations cover 3% end 5% respectively.
(13) The proposed monument signs would be located on Ball Road and on Magnolia Avenue.
On lots with a street frontage of lessthan six hundred (600) feet, one (1 }freestanding or
`monument. sign, designating. theprincipal uses of the premises, is permitted. Far lots with
six hundred (600) feet or more of frontage, an additional freestanding or monument sign is
permitted for each additional three hundred (300) }inear feet of street frontage in excess of
the first three hundred (300) linear feet of frontage. 'The code further. provides that no
:freestanding or monument sign shall be located closer than three hundred (300) feet from
any other ign or any legal, non-conforming roof signlocated on the same parcelbf real
property. ;There is 613 feet of combined frontage on Ball `Road and Magnolia Avenue for
the subject property.' Code allows a total of two (2) signs for the property.There is an
existing legal non-conforming roof sign located'on the subject property. The proposed
monument signs require a waiver of minimum distance. between signsand minimum
distance from property line because the proposed monumentsign on Ball Road would be
90 feet from the existing roof sign; and, the proposed sign on Magnolia Avenue would be
235 feet to the existing freestanding sign on theproperty. The new sign would also be
located 2 feet from the north property)ine and code requires a minimum of distance of 50
fleet.
(14) The landscape plan (Exhibit No. 7) indicates a 15-foot wide landscape,planter along Ball.
Road, a 4-foot wide landscape planter along Magnolia Avenue and 10-foot wide landscape
planter adjacent to the residential zone along the east propertyline. The landscape plan
consists of a variety of minimum 24-inch box size trees, clinging vines and fast growing
shrubbery for the trash enclosure area and ground cover throughout the landscaped area.
The plan also indicates landscaped fingers within the parking area planted with. trees,
shrubs and grpundcover. Code requires one tree for every 201inear feet pf street frontage
(11 trees on Magnolia Avenue and. 18 trees on BaII Road).. Code further requires that at
(east one (1) tree per 3,000 square feet ofparking area and/or vehicular accessways be
distributed throughout the parking area with a minimum planter dimension of five (5) feet.
The proposed landscape plan complies with Code.
(15) The applicant has indicated in the letter of operation that the drive-through pharmacy would
be a Walgreens. The pharmacy would be open dally from 8 a.m. to 10 p.m., with 25 to 30
employees per varying shift.
ENVIRONMENTALIMPACT ANALYSIS:
(16) Staff has reviewed the request to construct adrive-through freestanding pharmacy within
an existing shopping center and the Initial Study (a copy of which. is available for review in
the Planning bepartment) and finds no significant environmental impact and; therefore,
recommends that a Negative Declaration be approved upon a finding by the Commission
that the declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Negative Declaration together with any comments received
`during the public review process and further finding on the basis of the Initial Study and any
comments received that there is no substantial evidence that the project will have a
- -- significant effect on the environment.
Page 6
Staff Report to the
.Planning Commission
June t2, 2006
Item No. 3
EVALUATION:
{17) .Commercial retail centers (two or more tenant spaces) and pharmacies with a drive-
hrough are permitted in the C-G zone subject to the approval of a conditional use permit.
(18) Waiver (a) pertains to the minimum landscaped setback adjacent to Magnolia Avenue.
Code requires a 15 foot wide landscaped. buffer along any arterial highway and plans
? -indicated a setback of 4 feet. The owner has submitted a Justification of Waiver form
indicating that compliance with this requirement would require the reduction of parking
spaces and the elimination of a lease area created under. CUP2002-04628 for a cell tower
with utility box. This entitlement was approved by the Planning Commission on April 07,
- 2003 and has not been exercised; therefore this permit is no longer valid.. Since the
': ehtitlement is no longer valid, and a new request would be required, #he,area previously
identified for the cell tower could be relocated elsewhere on the site. In :addition, the
parking study prepared by the City's independent traffic and parking consultant indicates
that there are more than adequate parking spaces provided for the proposed use and that
the removal of the minimal number of parking spaces to,provide the landscape setback
would not adversely affect the parking condition on the property. Therefore, staff
recommends denial of waiver (a).
(19) Waiver (b) pertains to the minimum number of parking spaces. Code requires a minimum
of 524 spaces fonthe drive-through pharmacy and the existing shopping center and plans
indicate 430 proposed>spaces. A parking study dated. January 2006, was conducted by the
City's independent,parking and traffic consultant which determined that he proposed
+ parking and`kirculatioh would be adequate and would not negatively impact this project or
surrounding properties. Based upon thetraffic consultant's independent analysis grid
recommendation, staff recommends approval of this waiver based on the following findings:
"(a) That the waiver, under fhe condftions imposed; if any, will not cause fewerpff-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 observed parking ratio of 1.1 spaces/TSF for the site as a whole, the proposed.
93,140 SF site with the new Walgreens store would require 103 parking spaces. The
430 parking space parking lot would adequately accommodateall of the site's
anticipated parking demand and. have a surplus of 327 spaces. Because the observed
parking demand is significantly less than the code-required pa~king,'the site will be
able to accommodate the new Walgreens store without expertencinga parking
shortfall; or impacting any adjacent orppposing sites, ordn-street parking.
(b) That the waiver, under the conditions imposed, if any, will not increase he demand
and competftion for,parking spaces upon the public streets in the immediate vicinity of
the proposed use.
Based on the observed parking demand, this site will have sufficient parking provided
#or the intended ruses within the parking lot There is no curbsde,parking allowed
along Magnolia Avenue and Bali Road along the prpject frontage.,Curbsde parking is
permitted along Bail Road adjacent to thissite, however, this site wall accommodate all
of its parking onsite, and no overflow of parking onto the street is anticipated.
(c) That the.waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
Page l
Staff Report to the
Planning Commission
June 12,.2006
Item No. 3
All of the parking will be provided within the site's parking lot. No overflow onto
adjacent private property is anticipated.
(d) That fhe waiver, under the conditions imposed, will not increase traffic congestion
within the off-street parking areas or lots provided fob such use. ,
The existing .parking lot will accommodate all of the site .parking. The drive aisles are
.:.sufficiently designed to accommodate the site traffic and no congestion is anticipated
to occur.
{e) 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 existing driveways.are adequate to allow full access from Magnolia Avenue and
Ball .Road. The curb lane is sufficiently wide to allow vehicles to enter and exit the site
.without impeding through traffic. No site traffic is expected to block access to adjacent
properties.
The existing EI Sol .Market center has a much lower parking demand than specified in
:.the MunicipaLCode. The removal of 67 parking spaces to allow the addition of the new
Walgreens store will not create a shortage of parking.'Parking for the Walgreens store
will be accommodated within the remaining parking spaces of he site. Parking for EI
Sol`Market and the other in-line,:free-standing retaiFLses will .also be accommodated
within the remainder. of the existing parking lot.'+
(20) Waiver (c) pertains to the maximum number of wall signs. This waiver has been deleted as
it is no longer needed.
(21) Waiver (d) pertains to the maximum letter height for proposed. wall signs, Code permits a
letter height of 24 inches for buildings A to 3 stories in,height. The proposed pharmacy is 1
story in height and the letter height of the wall sign would be 34 inches for the Walgreens
logo with smaller letters (18 inches) for the word."Pharmacy"'Drive Thru Pharmacy" and
"Photo": The applicant indicates that special circumstances apply to the property that do
not apply to other properties in the area in that due to the large vertical and horizontal
spans of the wall area to which the signs are attached, a 24 inch sign .would not be easily
readable and would make the signs appear to be disproportionate with. the building. A copy
of the applicant's justification for increased letterheighkis attached to this staff report. Staff
is supportive of the requested waiver for the Walgreens to exceed the permitted letter
height as the design of the sign would be proportionate to the building. Therefore, staff
recommends aooroval of waiver (d).
(22) Waiver (e) pertains to the maximum number of freestanding signs. This waiver has been
deleted as it is no longer needed.
(23) (Waiver, (t) pertains to the minimum distance between freestanding signs and location to
`property line. Code requires a minimum distance between a freestanding or monument
sign and an abutting property line (other than streets) of twenty-five percent 25% of the
width of the parcel on which the sign is to be located or fifty 50 feet from any such
-- abutting parcel, whichever is less. For this frontage, 50 feet is required. The monument
sign adjacent to Magnolia Avenue is located two 2 feet away from the north property line.
The code further requires a minimum separation of three hundred 300 feet from any other
signor any legal, non-conforming roof sign located on the same parcel of real property.
Page 8
Staff Report to the
Planning Commission
June 12,.2006
Item No, 3
The proposed monument sign located on BaII Road would have a distance from the
existing roof sign of 90 feet and the sign proposed along Magnolia Avenue would have a
distance of 235 feet from an existing polesign on the parcel to the south. A copy of the
applicant's justification forminimum distance and sign location isettached to this staff
`report indicating that this property is burdened by the fact. the current development did not
envision anotherbuilding and tenant on the site therefore the distance to the roof sign
should not be a consideration. in addition, the existing pole sign for the property to the
south should not be considered because this property can not advertise on that sign.
Walgreens has very limited visibility from the intersection and therefore it is critical to have
the sign located at the drive isle entrance.
(24) if the required 15 foot landscape setback was provided along Magnolia Avenue, the sign
could be moved southerly to meet the 50-foot distance requirement from the northerly
property line. Staff recognizes that this waiver is directly related io the andscape setback
waiver requested along Magnolia Avenue since the proposed landscape setback would not
be wide enough to accommodate the sign furthecsouth. Consistent with the
recommendation to deny the waiver for landscape setback, staff recommends denial of this
,portion of the waiver relating to distance to property line because there are no special
circumstances that pertain to this site that would prohibit compliance with this. requirement.
Although he subject,property and4he property to the south share access and parking they
are under separate ownership and therefore, signage on that property is not under the
cgntrol of the applicant.. In addition, the roof sign on the existing EI Sol Market is not
typically viewed as freestanding signage. Staff feels that a monument sign on Bali Road is
appropriate for identification since this wpuld be the primary access pointto the building.
(25) Staff is also supportive of the proposed monument sign on Magnolia Avenue, in part. The
cite in unique due to its depth making it difficult to identifyihe proposed Walgreens from
Magnolia Avenue. However, the sign should be located a minimum distance of 50 feet
from the north property line in compliance with code.
(26) Goal 6,1,of the Community Design Element of the General Plan reads as follows:
:Focus activfty centers at the intersections of selected major corridors to provide convenient
and attractive concentration of retail and office uses."
Several policies are indicated in order to implement this goal. In summary, the design
policies include the following:
• Locate buildings close to the street with shieldedparking
• Encourage pedestrian-scale features such as public art and awnings
o incorporate architectural interest through varied rooflnes,'colors, materials and
lighting
• Link newly developed retail centers to residential and/or office uses through: clear
safe pedestrian and bicycle connections
• Providelayered landscaping
Provide people gathering spaces such as outdoor eating areas, water features,
courtyards, etc.:
®' Screen utilities
(27) Several of the design features indicated in the Design Element have been incorporated into
"- the proposed prgjecL Examples include awnings, varied building facades, quality
materials, layered landscaping along street frontages, and screened utility equipment.
.page 9
Staff Report to the
Planning Commission
June 12, 2006
Item No. 3
(28) Staff is supportive of this request to construct a new pharmacy with drive through and
:.:commercial retail center Careful. consideration has been given to the design and
functionality of the proposed pharmacy within an existing commercial retail center. The
architect has worked closely with. staff to provide a quality design that is consistent with the
.Community Design Element of the GeneraLPlan. Based upon the project's compliance with
:recommended conditions and the quality project design, staff recommends approval in part,
of the project.
FINDINGS:
(2g) .Section 18.42.110 of the parking ordinance sets forth the following. findings which are
tequired to be made before a parking waiver is approved by the Planning Commission:
(a) .:That the waiver,vnder the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided #or such use than the number of such spaces
necessary to accommodate alfvehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
ahd competition for parking spaces upon the public streets in the immediate vicinity of
$heproposed use.
{c) Thafthe waiver, under the conditions imposed, if any, will not increase the demand' for
..parking spaces upon adjacent private,property in the immediate vicinity of the
proposed use:
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
:.within the off-street parking areas or Tots provided for. such use.
(e) 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.
Unless conditions to the contrary are expressly imposed upon the granting of any variance
pursuant to this section, the granting of the variance shall be deemed contingent upon
operation of the proposed use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the Parking Demand Study that formed the basis for
approval of the variance. Exceeding, violating, intensifying or otherwise deviating from any
of the assumptions as contained.in the Parking Demand Study shall be deemed a violation
of the express conditions imposed upon the variance,. which shall subject the waiver to
revocation or modification pursuant to theprovisions of Section 18.60.200 (City-Initiated
Revocation or Modification of Permits)...
(30) When practical difficulties or unnecessary,hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no property,
`.because of special .circumstances applicable to it, shall be deprived ofprivileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any
„ variance is to prevent discrimination and none shall be approved which would. have the
effect of granting a special privilege not shared by other similar properties. Therefore,
before any variance is granted by the Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
opography, location or surroundings, which do not apply to other idehtically zoned
properties in the vicinity; and
Page 10
Staff Report to the
Planning Commission
June 12, 2006
Item No. 3
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity.
(31) Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the,proposed use in a manner not detrimental to the padicular area or
to the health and. safety;
(d) That the traffic generated by the use will not impose an undue burden upon the streets
and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(32) 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 take the following actions:
(a) By motion, a rove a Negative Declaration.
(b) By motion, deny waiver (a) pertaining to the minimum landscaped setback adjacent to
.Magnolia Avenue because the site plan can be modified to comply with code and
there are no special circumstances that apply to the property that do not apply to other
properties in the area
(c) By motion, approve waiver (b) pertaining to minimum number of parking spaces (524
required; 430 proposed) based on the findings outlined in the parking analysis. as
recommended by the City's Independent Parking and Traffic Consultant).
(d) By motion, denv waiver (c) pertaining to the maximum number of wall signs because
this waiver has been deleted as it is no longer needed.
{e) By motion, a rove waiver (d) pertaining to the maximum letter height for a proposed
wall sign because special circumstances apply to the property that do not apply to
other properties in the area because of the large vertical and horizontal spans of the
wall area to which the signs are attached, a 24 inch sign would not be easily readable
and would make the signs appear tc be disproportionate with the building.
(f) By motion, denv waiver (e) pertaining to the maximum number of freestanding signs
because this waiver has been deleted as it is no longer needed.
Page 11
Staff Report to the
Planning Commission
June 12, 2006
Item No. 3
(g) By motion, denv waiver (f) in part,. aporovina the portion pertaining to the minimum
distance between freestanding signs and denvin the portion of the waiver pertaining
to the distance from property line property line based upon the findings contained in
paragraphs (23) through (25) of the staff report.
Page 12
[DRAFT]
RESOLUTION NO. PC2006-"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05091 BE GRANTED
(1222 SOUTH MAGNOLIA 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:
THAT PORTION OF THE LAND SHOWN AS "DREYFUS AND OTHERS" ON A MAP OF
ANAHEIM EXTENSION, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AND SHOWN ON A MAP OF SURVEY BY WILLIAM HAMEL, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, A
COPY OF WHICH. IS LOCATED IN BOOK 3, PAGE 163 ET SEQ., ENTITLED "LOS
ANGELES COUNTY. MAPS", IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WESTERLY LINE OF ANAHEIM.
BOULEVARD (FORMERLY LOS ANGELES STREET) AS PER BOOK 4, PAGES 629 AND
630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, WITH THE
NORTHERLY LINE OF VERMONT AVENUE (FORMERLY BROAD STREET); THENCE
NORTH 15° 36' 55" EAST, 229.40 FEET ON SAID WESTERLY LINE TO THE TRUE POINT
OF BEGINNING; THENCE SOUTH 15° 36' S5" WEST, 108.40 FEET TO A POINT ON THE
NORTHERLY LINE OF THE LAND CONVEYED TO TOM H. TURNER AND HARVEY G.
OLUCHATCH IN DEED RECORDED JUNE 13, 1972 IN BOOK 10169, PAGE 451 OF
OFFICIAL RECORDS; THENCE SOUTH 74° 21' 15" WEST 145.95 FEET MORE OF LESS
ON LAST SAID .NORTHERLY LINE TO THE NORTHWESTERLY CORNER THEREOF;
THENCE SOUTH 15° 36' S5" EAST, 48.67 FEET ON THE WESTERLY LINE OF THE LAND
CONVEYED TO SAID TOM H. TURNER, ET AL., TO THE NORTHEASTERLY CORNER OF
THE LAND DESCRIBED IN THE DEED FROM TIMOTHY W. WALLACE, RECORDED JUNE
29, 1971 IN BOOK 9698, PAGE 480 OF OFFICIAL RECORDS; THENCE SOUTH 74° 21' 15"
WEST, 151.85 FEET ON SAID NORTHERLY LINE TO A POINT ON THE WESTERLY LINE
OF THE LAND DESCRIBED IN THAT CERTAIN TORRENS CERTIFICATE NO. 382 DATED
APRIL 12, 1919 ON FILE IN VOLUME 2 PAGE 317, IN THE FORMER OFFICE OF THE.
REGISTRAR OF TITLES OF ORANGE COUNTY THENCE NORTH 15° 36' 55" WEST,
157.07 FEET ON LAST SAID WESTERLY LINE TO A POINT ON A LINE WHICH BEARS
NORTH 74° 21' 15" EAST, 299 FEET MORE OR LESS AND PASSES THROUGH THE TRUE
POINT OF BEGINNING,.. THENCE NORTH 74° 21' 15" EAST, 299 FEET TO THE TRUE
POINT OF BEGINNING.
EXCEPT ANY PORTION LYING WITHIN TRACT NO. 1054 AS PER MAP RECORDED IN
BOOK 34, PAGE 10 OF MAPS, IN THE-0FFICE 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 June 12, 2006, 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
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and-in its behalf, and after due consideration. of all evidence and reports offered at said hearing, does find
and determine the following facts:
Cr\PC2006-0 -1- PC2006-
1. That the proposed drive-through pharmacy and commercial retail center are properly ones
for which a conditional. use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402
with the following waivers:
(a) SECTION NO. 18.08.060.010
Minimum landscaped setback
15 foot wide setback required; 4 feet proposed)
(b) SECTION NO. 18.42.040.010
(c) SECTION NO. 18.44.110.010.0102
Minimum number of parking spaces
524 required; 430 proposed and. recommended
by the City's Independent Traffic and
Transportation Consultant)
Maximum number of wall signs
(Deleted)
(d) SECTION NO. 18.44.110.010.0103 Maximum letter height for a proposed wall sign
24 inches permitted, 34 inches proposed)
(e) SECTION NO. 18.44.090.010
Maximum number of freestanding signs
Deleted)
(f) SECTION NO. 18.44.090.010.0102
Minimum distance between existing freestanding
signs & Location to orooertv line
50 and 300 feet required; 2 and 90 to 235 feet.
proposed)
2. That the above-mentioned waiver (a) pertaining to the minimum landscaped setback
adjacent to Magnolia Avenue is hereby denied on the basis that there are no special circumstances relating
to this waiver that would apply to the property that do not apply to other properties in the area, and that the
site plan could be modified to eliminate this waives
3: That the above-mentioned waiver (b) pertaining to minimum number of parking spaces is
hereby approved based on the findings outlined in the parking analysis and recommended by the City's
Independent Parking and Traffic Consultant and because the observed. parking ratio of 1.1 spaces/TSF for
the site as a whole, the proposed 93,140 square foot site with the new Walgreens store would require 103
parking spaces. The 430 parking space parking lot would adequately accommodate alt of the site's
anticipated parking demand and have a surplus of 327 spaces. Because the observed parking demand is
significantly less than the code-required parking, the site will be able to accommodate the new Walgreens
store without experiencing a parking shortfall, or impacting any adjacent or opposing sites, or on-street.
parking.
4. That waiver (b), under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the proposed use because
based on the observed parking. demand, this site will have sufficient parking provided for the intended uses
within the parking lot. There is ng curbside parking allowed along Magnolia Avenue and Ball Road along the
project frontage. Curbside parking is permitted along Ball Road adjacent to this site, however, this site will
accommodate all of its parking onsite, and no overFlow of parking onto the street is anticipated.
5.. That waiver (b), under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the proposed use because all of
the parking will be provided within the site's parking lot. No overFlow'onto adjacent private property is
anticipated.
6. That waiver (b}, under the conditions imposed, will not increase traffic congestion within the
off-street parking areas or lots provided for such use because the existing parking lot will accommodate all of
-2- PC2006-
the site parking and the drive aisles are sufficiently designed to accommodate the site traffic and no
congestion is anticipated to occur.
7. That waiver (b), 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 because the
existing driveways are adequate to allow full access from Magnolia Avenue and Ball Road. The curb lane is
sufficiently wide to allow vehicles to enter and exit the site without impeding through traffic. No site traffic is
expected to block access to adjacent properties.
8. That waiver (c) pertaining to the maximum number of wall signs is hereby denied because it
has been deleted.
9. That the above-mentioned waiver (d) pertaining to the maximum letter height for proposed
wall sign is hereby approved because special. circumstances apply to the property due to it's depth that do
not apply to other properties in the area which make the wall signs difricult to read from the street and the
large vertical and horizontal spans of the wall area to which the signs are attached would not be easily
readable and would make the signs appear to be disproportionate with the building,
10. That the above-mentioned waiver (e) pertaining to the maximum number of freestanding
signs is hereby denied because it has been deleted.
11. That the above-mentioned waiver (f) pertaining to the minimum distance between
freestanding signs and location to property line is hereby approved in part as follows: approving the portion
pertaining to the minimum distance between freestanding signs because the site in unique due to its depth,
making it difficult to identify the proposed Walgreens from Magnolia Avenue and a monument sign on Ball
Road is appropriate for identification since it is the primary access point to the building, in addition, although
the subject property and the property to the south share access and parking they are under separate
ownership and therefore, signage on that property is not under the control of the applicant and the roof sign
on the existing EI Sol Market is not typically viewed as freestanding sighage; and denving the location to
property line because there are no special circumstances that pertain to this site that would prohibit
compliance with this requirement because the site plan could be modified to located the sign the required
distance from the property Tine.
12. That the proposed drive-through pharmacy and commercial retail. center as conditioned
herein would not adversely affect the adjoining land uses and the growth and development of the area in
which it is proposed to be located.
13. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
14. That the traffic generated by the use will not impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area because the design of the pharmacy and
commercial retail center provide adequate access from Ball Road and Magnolia Avenue.
15. That the granting of the conditional use permit under the conditions imposed,. if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide an additional
outlet for the purchase of goods and services.
16. 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 construct adrive-through pharmacy and permit a commercial
retail center within an existing.shopping center with waivers of (a) minimum landscape setback, (b} minimum
number of parking spaces, (c) maximum number of wall signs, (d) maximum letter height for a proposed wall
-3- PC2006-
sign, (e) maximum number of freestanding signs, and (f) minimum distance between freestanding signs; 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:
1. That all public phones shall be located inside the building. Said information shall be specifically shown
on plans submitted for building permits.
2. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide
adequate illumination to make clearly visible. the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for alt persons, property, and
vehicles on-site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be
decorative and a maximum of 12-feet in height when adjacent to a residential zone boundary. The
minimum recommended lighting level in all parking lots is .5 foot-candle maintained, measured at the
parking surtace, with a maximum to minimum ration no greater than 15:1. Said information shall be
specifically shown on plans submitted for Police Department, Community Services Division approval.
3. 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.
4. That no roof-mounted balloons or other inflatable devices shall be permitted on the property.
5. That no outdoor vending machines shall be permitted on the property.
5. That 4-foot high street address numbers shalt 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.
7. That there shall be no outdoor storage permitted on the premises.
8. That roof-mounted equipment shall be screened from-view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the C-G (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
9. 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.
10. That no alcoholic beverages shall be located or sold on the premises,
11. That there shall be no amusement machines, video game devices, or pool tables located outside the
building and within the control of the applicant.
12. That all. backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from alt public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all. public streets and alleys. Said information shall be
--- specifically shown on plans and approved by the Water Engineering Department.
-4- PC2006-
13. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
14. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said information
shall be specifically shown on plans submitted for building permits.
15. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
The owner/developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.
16. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone C
shall be paid.
17. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County
Recorder prior to issuance of a building permit.
18. That a lot Tine adjustment shall be submitted to the Public Works Department, Development Services
Division. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of
the Orange County Recorder prior to issuance of a building permit.
19. That the property owner shall irrevocably offer to dedicate to the City of Anaheim an easement, 53-feet
in width from the centerline of the street along Magnolia Avenue and Ball Road for road, public utilities
and other public purposes.
20. That the developer shall submit street improvement plans to the Public Works Department,
Development Services Division and a bond shall be posted to guarantee that Magnolia Avenue and
Ball Road are improved in accordance with Public Works Standard Detail 160-A. The improvements
shall be constructed prior to final building and zoning inspection.
21. That prior to the issuance of a 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 DAMP.
o 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..
22. That prior to issuance of a certificate of occupancy, the applicant shall:
• .Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
_ • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WQMP
-5- PC2006-
Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
23. 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
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Said
information shall be specifically shown on plans. submitted for building permits.
24. That any required. relocation of City electrical facilities shall be at the developer's expense.
25. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed.
26. That plans shall be submitted to the Planning Services Division for 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.
27. That the drive-through lane shall be designed to meet the radius standards (minimum 16 feet interior
and 26 feet outer radius). Said information shall be specifically shown on plans submitted for building
permits.
28. 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.
29. That trash storage areas 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. Said storage areas
shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits.
30. That the project shall provide for truck deliveries on-site. Such information shall be specifically shown
on plans submitted. for building permits.
31. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
32. That all plumbing or other similar pipes and fixtures located on the exterior ofi the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
33. That final sign plans shall be submitted to the Planning Services Division for review and approval.
Any decision by staff may be appealed to the Planning Commission as a "Reports and
Recommendation" item.
34. That the proposed monument signs shall be located outside of the line of sight triangle that is fifty (50)
feet from any driveway, including driveways on other properties, and' shall meet the provisions of
Standard Detail No. 115 (Arterial Highway and Commercial Driveway Approach).
35. That final landscape plans shall be submitted to the Planning Services Division for review and
approval. Said plans shall incorporate minimum 24-inch box sized trees, vines on trellises within all
planters adjacent to the building. Any decision by staff may be appealed to the Planning Commission
as a "Reports and Recommendations" item.
36. _ That all trash generated from this center shall be properly contained in trash bins contained within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shalt be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.
-6- PC2006-
The Community Preservation Division of the Planning Department shall determine the need for
additional bins or additional pick-up. Alt. costs for increasing the number of bins or frequency of pick-up
shall be paid for by the business owner
37. That the subject property shall be developed substantially in accordance with the plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department Exhibit Nos. 1 through 7, and as conditioned herein..
38. 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, 6, 8, 12, 14, 16, 17, 18, 19, 20, 21, 22, 23, 25,
26, 27, 28, 29, 30, 32, 33 and 35-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.
39. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 21 shale 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.
40. That prior to final building and zoning inspections, Condition Nos. 22, 31 and 37, 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.
41. 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 Wulf and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying alt charges related
to the processing of this discretionary case application within 15 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.
-7- PC2006-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June
12, 2006. 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:
SENJOR 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 June 12, 2006, 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
,zoos.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-8- PC2006-
~L22 S. Magnolia Avenue - Walgreen:, Attachment -Item No. 3
Conditional Use Permit Application
Apri17, 2006
APPLICANTS STATEMENT OF JUSTIFICATION FOR CODE WAIVER
Landscaping-Reduced Setback Along Magnolia Avenue
1. Are there special circumstances that apply to the property in matters such as size,
shape, topography, location or surroundi~zgs?
Yes, this property is burdened by the fact it was developed as a shopping center
prior to the existing pazking and landscaping code requirements and its existing
pazking configuration does not allow for the incorporation of the code-required
15' landscape setback along Magnolia Avenue. Installation of this 15' setback
would require the elimination of many parking stalls from the existing Sol Mazket
pazking field and it and the landlord are unable to accommodate this change given
existing lease obligations. As a result, this development proposes a compromise
plan wherein 4' of landscape setback is provided and the existing pazking field is
preserved. This compromise has been approved by the Planning and Public Works
Departments.
2. Are the special circumstances that apply to the property different from other
properties in the vicinity which are in the same zone as your property?
Yes, these circumstances aze different from other properties as the Sol Mazket
pazking field was constructed in the 1950's under era code requirements that have
subsequently changed. A majority of the surrounding C-G zone properties were
constructed after the subject shopping center and designed to accommodate
current code standazds. In addition,. surrounding properties may not be subj ect to
the. same private-parry lease obligations relating to the non-disturbance of pazking
facilities as this property.
3. Do the special circumstances applicable to the property deprive it ofprivileges
currently enjoyed by neighboring properties within the same zone?
Yes, these circumstances do deprive the property of the same privileges enjoyed
by surrounding properties as they were constmcted according to more recent code
requirements and their tenants aze not impacted by the same pazking and
landscaping code changes that the subject property.
4. Were the special circumstances created by causes beyond the control of the
property owner (or previous property owners)?
No, these circumstances were not created by the owners of the property because
changes to the municipal zoning code subsequent to their original shopping center
development were beyond their control. However, it should be noted this CUP
application will bring a lazge portion of the shopping center into code compliance
and will be an enormous benefit to all parties involved.
CUN Np. 2006 - p 5 0 9 1
~Z22 S. Magnolia Aveuue - Walgreen.. Attachment -Item No. 3
Conditional Use Permit Application
Apri17, 2006
APPLICANTS STATEMENT OF JUSTIFICATION FOR CODE WAIVER
Wall Signage - Increase in Letter Height & Number of Signs
Are there special circz~mstances that apply to the property in matters such assize,
shape, topography, loca[ion or surroundings?
Yes, this property is burdened by the fact the cmTent City of Anaheim sign code
does not allow Walgreens the same national sign package it currently possesses at
other locations within Anaheim and in the greater Orange County azea. Walgreens
is seeking for an increase in the letter height allowance to 48" and for the
Magnolia Avenue (west) elevation to be allowed 4 wall signs.
2. Are the special circumstances that apply to the property different from other
properties in the vicinity which are in the same zone as yourproperty?
Yes, these circumstances are different from other properties in the azea as
Walgreens is not allowed its standard, national signage identity due to the City's
restrictions on signage height and number of signs.
3. Do the special circumstances applicable to the property deprive it of privileges
currently enjoyed by neighboringproperties within the same zone?
Yes, these circumstances do deprive the property of the same privileges enjoyed
by surrounding properties as other national retailers in the azea have been allowed
their national sign packages, including other Walgreens located within the City of
Anaheim.
4. Were the special circumstances created by causes beyond the control of the
property owner (or previous property owners)?
No, these circumstances were not created by the owners of the property.
CUP Np. 2006 0 5 0 9 1
Attachment -Item No. 3
APPLICANTS STATEMENT OF JUSTIFICATION FOR CODE WAIVER
Minimum Distance between Existing Freestanding. Signs
1. Are there special circumstances that apply to the property in matters such as size;
shape, topography, location or surroundings?
Yes, this property is burdened by the fact the current tenant on the comer of Ball
& Magnolia has positioned their freestanding signs in locations that did not
envision a tenant in the proposed location of the Walgreens. The location that the
Walgreens is to be built was initially planned as a parking lot thus the proximity
to the Sol Market roof sign should not be considered. The proximity to the pole
sign along Magnolia should not be considered because the shopping center is not
benefiting from the advertising on the pole sign. The proximity to the property
line is necessary due to the line of sight triangle requirements. Walgreens has
very limited visibility from the intersection and therefore it is critical to have the
sign located at the drive isle entrance.
2. Are the special circumstances that apply to the property different from other
properties in the vicinity which are in the same zone as your property?
Yes, these circumstances are different from other properties in the azea as
Walgreens is not allowed its. standard, national signage identity due to the City's
restrictions regazding distance of signs.
3. Do the special circumstances applicable to the property deprive it of privileges
currently enjoyed by neighboring properties within the same zone?
Yes, these circumstances do deprive the property of the same privileges enjoyed
by surrounding properties as other national retailers in the area have been allowed
their national sign packages, including other Walgreens located within the City of
Anaheim.
4. Were the special circumstances created by causes beyond the control of the
property owner (or previous property owners)?
No, these circumstances were not created by the owners of the property.
Item No. 4
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Conditional Use Permit No. 2006.05083
Requested By: ROB PEREZ
1920 East Center Street
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Subject Properly
Date: May 15, 2006
Scale: 1" = 200'
Q.S. No. 102
10039
Staff Report to the
Planning Commission
June 12, 2006
Item No. 4
4a. CEQA NEGATIVE DECLARATION (Motion)
4b. WAIVER OF CODE REQUIREMENT (Motion)
4c. CONDITIONAL USE PERMIT NO. 2006-05083 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 0.37 acre property has a frontage of approximately 114 feet
on the south side of Center Street with a maximum depth of 166 feet and is located
approximately 345 feet west of the centerline of State College Boulevard (1920
East Center Street).
REQUEST:
(2) The applicant requests approval of a conditional use permit under authority of
.Code Section 18.08.030.040.0402 and. 18.38.060 to permit a telecommunications
antenna (disguised as a pine tree) with accessory ground-mounted equipment with.
waiver of the following:
SECTION 18.46.1 t0.030 Maximum fence heioht
(DELETED)
BACKGROUND:
(3) This request was continued from the May 15, 2006 Planning Commission meeting.
at the request of the applicant to explore alternatives.
(4) This property is improved as a parking lot for the adjacent parcel (1925 East
.Lincoln Avenue - Mi Fondita restaurant) and is zoned C-G (General Commercial).
The Anaheim GeneraLPlan designates this property for Mixed Use land uses and
its surrounding properties to the north,. east and west for Mixed Use land uses. and
to the south (across Lincoln Avenue) for Low Density Residential land uses.
(5) The applicant, Rob Perez, has submitted the attached letter dated, June 1, 2006,
requesting a continuance to the July 10, 2006, meeting in order to evaluate a
location for a building mounted stealth facility.
RECOMMENDATION:
(6) That the Commission, by motion, continue this item to the July 10, 2006, Planning
Commission meeting.
Cup2006-06063contd.
Attachment -Item No. 4
From: emailrobperez@gmail.com on behalf of Rob Perez
[robert.perez@parsons.com]
Sent: Thursday, June O1, 2006 12:97 PM
To: Della Herrick
Della, On behalf of Nextel, I requ est a continuance to the July 10, 20D6 meeting
for the Nextel application at 1920 E. Center St. I am currently working with
another location to have the telecom design changed to something more acceptable
to the city, and need additional time to determine viability of the design.
Thank you.
Rob Perez
Parsons rep for Nextel
mobile (310) 798-9839
Item No. 5
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Reclassification No. 2006-00178
Conditional Use Permit No. 2006-05092
Requested By: ROBERT H. HORN TRUST
111-125 West Elm Street
~' Subject Property
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Date: June 12, 2006
Scale: 1" = 200'
Q.S. No. 84
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Reclassification' No. 2006-00178
Conditional Use Permit No. 2006-05092
Requested By: ROBERT H. HORN TRUST
111-125 West Elm Street
Subject Property
Date: June 12, 2006
Scale: 1" = 200'
Q.S. No. 84
tooss
Staff Report to the
Planning Commission
June 12, 2006
Item No. 5
5a (Motion)
5b. -.:(Resolution)
5c. ': (Resolution )
SITE LOCATION AND DESCRIPTION:
(1) This 0.76-acre parcel has a frontage of 210 feet on the north side of Elm Street, a
maximum depth of 180 feet, and is located 167 feet. west of the centerline of Anaheim
Boulevard (11 t -125 W est EIm Street).
..REQUEST:
(2) The applicant requests approval of the following:
Reclassification No. 2006-00178 - request to reclassify the subject property from the I
(Industrial) zone to the I (MU) (Industrial; Mixed Use Overlay) zone, or less intense zone.
Conditional Use Permit No. 2008-05092 -request to construct a 52-unit affordable
apartment complex with a density bonus 60 dwelling units per acre permitted; 68 dwelling
units per acre. proposed) and incentives undecauthority of Code Section 18.32.030.120 to
include the following incentives:
(a) SECTION NO. 18.32.040 Minimum lot size. (3 acres required; 0.76 acres
proposed).
(b) , SECTION NO. 18.40.060 Dedication and improvement of right-of-wav. 60-
footwide. public right-of-way required; 55 feet
proposed).
BACKGROUND:
(3) .The site consists of two properties. The 111 West EIm Street property is developed with
industrial buildings and the 125 West Elm Street property is developed with a histoncaily-
significantsingle,famjly home and detached garage..The historic home is proposed to be
'relocated to an existing vacant property at Lemon Street and W ater Street (owned by the
Redevelopment Agency). •Both properties are zoned) (Industriaq andare located within
`the Merged Redevelopment Project Area. The Anaheim General Plan designates the site
for Mixed Use land uses. The properties to the north; east, and south (across Elm Street)
are designated for Mixed Uses, and the properties to the west are designated for Medium
"Density Residential land uses.
(4) Conditional Use Permit No. 1473 (to permit a motorcycle repair facility with outdoor storage
with waivers of required screening of outdoor uses and minimum. number of parklag
spaces) was approved by the Planning Commission on June 10,1974. This entitlement is
no longer necessary and a condition of approval hasbeen added to terminate this permit.
DEVELOPMENT PROPOSAL:
(5) ,..The applicant proposes to reclassify the subjectproperties from the I zone to the I (MU}
zone in conformance with the General Plan. The applicant also requests approval of a
SR-CUP2006-05092ds
Page 1
Staff Report to the
Planning Commission
June 12, 2006
Item No. 5
" Modification to standards. is allowed in order topromote increased pedestrian. activity, provide for a
unfied street frontage, ensure pdvacy and light for residential uses, provide for public spaces and
'promote compatibility with existing tlevelopmeht, as outlined ih Chapter 18.32 of the Zoning Code.
The applicant has requested density bonus incentWesfor lot size and right-of-way dedication pursuant.
to State Law (Govt. Code Section 65915).
(6) 'The site plan further indicates that the project is designed with a podium. style, 4-story
residential complex constructed over a 2-level underground parking etructure. The
buildings wiltbe separated by a main courtyard on thepodium deck in the canter of the
- complex. The plan. indicates the following information pertaining to the proposed setbacks:
` Modification to standards s allowed in order to promote increased pedestdan activity, provide for a
+ unified street frontage, ensure privacy and light focresldential uses, provide for public spaces and
promote Compatibility with existing development, as outlined in Chapter 18.32 of the Zoning Code.
Based on the underlying l zone requirements.
(7) ..The floor plan (Exhitiit No. 4) for the apartment units indicate a living room, dining room,.
kitchen, porch entry, bedrooms, bathrooms,. and closets. The unit typee are summarized
as follows:
conditional use permit to construct a 52-unit affordable apartment complex with a density
bonus and incentives.. The site plan (Exhibit No.1) indicates the following information on
the proposed 6-story (2 subterranean parking levels and: 4 residential. floors above the
ground level) apartment complex:
Development.Standards Proposed Project NIU C~verlayZohe
Standards
Site Area 0.76 acres 3 acres"
Number of dwelling units/density 52 dwelling units
636 s.f./unit 68 d.u./acre 45 units max."
60 ti.u./acre
Re uired commercial floor area None 0.1 FAR'
Recreation/Leisure Area 283 s.f. per unit
14,741 s.f. total 20Q s:f. per unit
10,600 s.f. total
;Setbacks - Zpnin ~-~-Pt~o` o"sad ° ~ Re~ uired''* '~
North (adjacent to an CG 5 to 8 feet `None
a liance store
East (adjacent to a ] 3 feet to garage ramp, None
commercial retail center 12 to 16 feet to buildin
South (adjacent to Elm 9 to 12 feet' 15 feet
Street
West (adjacent to a single i 9 to 27 feet` 87 feet (based on 2 tlmes
famii home height oftheswcture)
.:.Page 2
Staff Report to the
Planning Commission
June 12, 2006
Item No. 5
{8) Vehicular access would be provided by a driveway oh Elm Street Overall right-of-way
':width would be 55 feet far Elm Street; City standard Detail No. 160-A requires a width of 60
feet.
(9) The site plan indicates 106 on-site parking spaces within the two underground parking
levels. Code requires a totatof 122 spaces (forty-six 2 bedroom units x 2.25 spaceslunit =
:104 spaces;six 3 bedroom units x 3 spaces/unit = 18 spaces).'The applicant has
submitted the attached density bonus application requesting a parking incentive pursuant to
State Law (Government Code Section b5915). ,State Law requires parking automatic
incentives to be granted. for projects that provide a minimum of ten percent of the project
with affordable units. With respect toparking for affordable projects, Government Code
Section 65915 requires 2 spaces for all 2 and 3 bedroom units within the project site. All
..apartment units within the development would be affordable for low income households;
therefore, the project would qualify for the parking reduction permitted by State Law..
?harafore, a total of 104 spaces are required for this project under this State Law provision.
(10) A total of 14,741 aquare feet of recreational/leisure area would be providedvia a
combination of privatepatio and. balcony areas and a common'courtyard area. Code
requires a total of 10,400 square feet which flay be provided in any combination,of private
or common area
Rendering of apartment complex
(11) Elevation drawings (Exhibit Nos. 5=7) indicate a 43.5-foot high (above grade)4-story
apartment complex with a Spanish architectural style. The architecture would include
concrete "s"tile roofs, stucco finished exterior walls, arched treatment around the doorways
- and windows,'wood balusters ahd'wroughtiron railingsenclosing the balconies, and
decorative attic vents. `7he permitted building height is determined by conditiohalLse
'permit Submitted plans indicate a 44-foot high apartment complex.
(12) The conceptual landscape plan (Exhibit No. 9) indicates a mixture of 24-.and 36-inch box
trees arranged within the landscaped setback along the street frontage and interior private
Page 3
Staff Report to the
Planning Commission
June 12, 2006
Item No. 5
courtyard. Columnar trees and shrubbery would flank the apartmentcomplex along the
side yard areas. Code requires one 24-inch box evergreen tree for every 20 feet of street
frontage to be planted in the landscape setback adjacent to each public street.. A layered
landscaped theme is required to provide depth and variety within. the landscaped setback.
Code further requires that 50% of all shrubbery be a minimum of five gallon in size at the
:.time of planting.: In addition to the on-site landscaping provided, the applicant will be
..:required to landscape the 5-foot wideparkways that will be provided along the public street
with a combination of trees and groundcover. The on-site property management would be
responsible for maintaining the parkway landscaping. `As a recommended condition of
:approval, the applicant would be required to submit final detailed landscape plans for staff
review including detailed plans for the treatment of the podium deck.
ENVIRONMENTAL IMPACT ANALYSIS:
(13) On June 7,:2004, the City Council certified Environmental Impact Report (EIR) No. 330
(hereinafter referred. to as "the Final EIR"), for the Anaheim General Pian and Zoning Code,
adopted a Statement of Findings and Facts, and:adopteda Mitigation Monitoring Program
in compliance with the California Environmental Quality Act (CEQA).; The Final' EIR
addressed the environmental impacts and mitigation measures associated with those
activities that would be undertaken.. The Mitigation Monitpring Program ensures
compliance with the adopted mitigation measures.
(14) CEQA and the CEQA Guidelines establish the type pf environmental documentation which
is required when changes to a project occur after an EIR is certified. Section 15164 of the
CEQA Guidelines establishes the use of an Addendum as subsequent environmental
documentation if some changes or additions to a Final EIR are necessary, but none of the
:conditions described in Section 15162 requiring preparationbf a supplemental or
subsequent EIR have occurred.
(15) ' In connection with the proposed;project actions, an Addendum to the Final EIR has been.
`prepared. The Addendum and its technical appendices have been provided to the
Planning Commission and are available for reviewln the Planning Department. The
.'Addendum analyzes the proposed project actions and updates the analyses to reflect
'current circumstances and technical changes associated with the proposed residential use
of the subject property in order to determine whether any significant environmental impacts
':which were not identified in the Final EIR would result or whether previously identified
ignificant mpacts would be substantially more severe. The Addendum also includes
minor modifications to the Final EIR as well as conditions and measures thatare specific to
he proposed projectactions and implement certain'mitigation measuresset forth in the
adopted Mitigatioh Monitoring Program for the Final EIR. Mitigation Monitoring Plan No.
122 has been prepared to set forth elf applicable mitigation measures for the residential
'developmeht proposed in connection with Conditional Use Permit No.'2006-05092.
(16) The Addendum identifies historical resources on the project s[te as defined in §15064.5 of
the CEQA Guidelines. In addition, based on the City's General Plan Land Use Element,
the project area is located within the Anaheim Colony Historic District.. As such, there is
one existing single family home and garage in the: project area which is identified on the
Qualified Historic Structures list of the Anaheim Colony Historic District Preservation Plan
(July 20, 1.999). The Anaheim Redevelopment Agency proposes to relocate this structure
to an existing vacant lot approximately one mile south of the subject site near: the comer of
.Lemon Street and Water Street in accordance with Title 15 of the Anaheim Municipal Code;
'- therefore, no significant impacts to cultural resources are anticipated which were not
previously addressed in the General Plan.and Zoning Code. Update EIR..
Page 4
Staff Report to the
Planning Commission
June 12,2006
Item: No. 5
(17) The Addendum includes a soil, hazardous materials, and hydrology analysis. A Phase i
Environmental Site Assessment, Phase II Subsurface Exploration, Phase III Subsurface
Investigation and supplemental Phase ill Environmental Site Assessment were performed
on the,proposed project site.'. According to the Phase I performed for 125 West Elm Street,
'which is the single-family residence and garage structurethat will be relocated as part of
the. project,. no significant environmental concern. to the soil or groundwater was found, and
no further investigation :was warranted. Portions of thesite addressed 107,'109, and 111
West Elm Street have been used for a variety of commercial. and industrial purposes. The
Phase 11 Subsurface Exploration was subsequently performed.? Based on that investigation,
two types of contaminants were found on-site. Tetrachloroethene {PCE) was found in the
vicinity of the two USTs and ihthe northern portion of the site, and lead was found in two
areas. it was concluded that the presence of the PCE and lead may have been. caused by
spilling contaminants and metal grinding assoc(ated with past site activities, and iEwas
recommended that further investigation tnYhe vicinity of the lead contaminated soil, in
`addition to a site-wide soil vapor survey}o assess the PCE. release: Additionally, it was
noted that the USTs should be abandoned. in accordance with regulatory agency
.:requirements:
A RemediaLAction Plan was completed by Glenfos, inc. to outline objectives for
remediation of the proposed project site. These objectives include 1) removing the lead
impacted soil, 2) removing the PCE vapors from the vadose zone, 3) removing the PCE
from the groundwater, 4) monitoring and reporting the remediation progress to the Fire
Department on a quarterly basis,and 5) performing confirmatory sampling to verify soil, soil
vapor and groundwater conditions after remediation actions are complete. The
confirmatory assessment shall include a soli vapor survey and groundwatarsampling to
'confirm that the VOC concentrations are below Orange,County Health Care Agency and
Regional Water Ouaifty Control Board (RWQCB) target levels.
A closure report will be submitted to the Fire Department once it is confirmed that the
concentrations impacting the soil and groundwater are below the regulatory agency's target
levels. The report will include all'sampling results, monitoring activities,' and estimates of
chemicaisremoved. Once closure of the site is obtained, Glenfos, Inc. will remove
remediatiomequipment and properly abandon all on-site will and subsurtace piping. It
should be noted that the remediation focgroundwater has not yet been. determined. Should
the groundwater require remediation, additional assessment maybe necessary. Soil
remediation. will be complete before excavation for the basement parking structure is
complete. jt is anticipated that the soil vapor remediation system would need to remain in
operation fora minimum of six months to rectify the problematic VOCs on-site.
(18) As demonstrated by the analysis included in the Final EIR and Addendum, all
:environmental issues for the proposed project actions will not result in new significant
impacts or substantial increases im he severity of previously identified signfficant impacts;
and, therefore, no supplemental or subsequent environmental review is required. Staff
review further indicates that the previously-certified Final EIR, with the Addendum and
Mitigation Monitoring Plan No. 122, are adequate to erve as the required environmental
.documentation for the proposed project actions.
EVALUATION:
(19) The Anaheim General Plan designates the property for Mixed Use land uses. The
applicant proposes to construct a 52-unit affordable. apartment complex with. a density
bonus and incentives at a density of 68 dwelling units per acre, consistenk with the type of
housing envisioned for a downtown area: The proposed apartment complex will provide
affordable housing in furtherance of the City's Housing Element and the Affirdable Housing
Strategic Plan.
.Page 5
Staff Report to the
Planning Commission
June 12, 2006
Item No. 5
(20) The applicant requests a reclassification. from the t zone to the I (MU) zone to construct a
52-unit affordable apartment complex with a density bonus and incentives. The request for
a residential project and reclassification to the (MU) would be in consistent with the Mixed
Use land use designation in the General. Pian. She Redevelopment Agency has invested in
new infrastructure, new housing developments, historic preservation projects, and urban
office and commercial developments in the Downtown area.'The proposed mixed use
zoning classification fo[this area would complement and support the existing and proposed
development in the downtown area, the goals and objectives ofthe Merged
RedevelopmentProject Area, and ongoing City programs identified in Anaheim's Housing
Element
(21) The applicant has submitted the attached density bonus application requesting a density
-bonus and incentives pursuant to State Law. ;:Section 65915 (b) of the Government Code,
in relevant part, requires that the City mustapprove a density bonus and incentives when
an applicant agrees to provide specified leveisbf affordable housing. The applicant is
entitled to receive three incentives'or concesstons for projects that include at least 30
percent of the total units for lowerincome households.: (Government Code Section 65915
(d) (2) J ;The City must grant the incentive or concession requested uhless if makes the
findings set forth in Section 65915(d)(1). Sectiom65915(I) defines a concession or
<incentive to mean any of the following:
"(1) A reduction in site development standards or a mod cation of zoning code
requirements or architectural design requirements that exceed the minimum building
standards approved by the California Building Standards Commission as.provided in Part
2.5 (cornmencing with Section:18901) of Division f 3 of the Health and Safety Code,
including; but not limited to, a reduction fn setback ahd square toofage requirements and in
the ratio of vehicular parking spaces that would otherwise be required that results in
identifiable, financially sutrcient, and actual cost reductions.
(2) Approval of mixed use zoning in conjunction with the housing project if commercial,
office, fndustrial, or otherland .uses will reduce he cost of the housing development and if
the commercial, office, industrial, or other land uses are compatible with the housing project
and the existing or planned development in the area where the. proposed housing project
will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the city,
county, occity and county that result in identifiable, financially sufficient, and actual cost
reductions. This subdivisfon does not limit or require the provision of direct financial
incentives for the housing development, including the provision of publicly owned land, by
the city, county, or city and county, otthe waiver of fees or dedication requirements." A
copy of Section 65915 is`attached fo this staff report.
(22) ..This request also includes a density bonus of 14% above the 60 dwelling units peracre
permitted by the Mixed Use land use designation.:The density bonus would result in an
overall project dehsity of 68 dwelling units per acre. State LaW requires that a density
bonus of 35% be granted for projects that provtde a minimum of at least 30% of the total
units for low income households. A density bonus of 35% would allow for a maximum of 81
d.u./acre and 68 d.uaacre is proposed. Since all the dwelling units withirr the complex will
be allocated for low income residents, the project would exceed the minimum affordability
requirements of State Density Bonus Law.
(23) Incentive (a) pertains to minimum lot size. Code requires a minimum lot size of 3 acres and
0.76 acres is proposed. The applicant has submitted the attached density bonus
application requesting a density bonus and incentives pursuant to State Law (Govt. Code
Page 6
Staff Report to the
Planning Commission
June 12, 2006.
Item No. 5
..Section 65915). State Law requires that three incentives be granted for projects that
provide a minimum of at (east 30 percent of the total units for low income households;
therefore, since all of the dwelling units within the complex will be allocated for low income
residents, the project would be in compliance with the density bonus. provision of State
Law.
(24) Incentive: (b) pertains to dedication and improvement of right-of-way. Public Works
Standard Detail No. 160-A, pertaining to right-of-way design fora 2-lane Interior
{residential) street, requires a width of 60 feet. ,Plans indicate a 55 foot width for Elm
Street, Since these proposed streets would be similar in width as the existing residential
.streets in the downtown area, Public Works Department staff supports the applicant's
request fora 55-foot wide right-of-way-width to include a 36-foot wide street, 5-foot wide
parkways,. and 4-foot wide sidewalks. The parkway ano sidewalk improvements would be
installed by the developer.
(25) The applicant also requests a conditional use permit to construct a 52-unit affordable
:.apartment complex with a density bonus.: Mixed use projects are permitted in thel (MU)
zone, subject to the approval of a conditional use permit under authority of Code Section
18.32.040.0402. Theproject would provide residential uses in the downtown area as a
means to create an active street life, enhance the vitality of businesses,'and reduce the
need for automobile travel in Downtown Anaheim. In addition, he project would,provide
edditionalfiousing options for residents whq want to live near theirv/orkplace and/or near
retail and other non-residential uses. Therefore, staff recommends apa~oval of this
conditional use permit request.
(26) The (MU) Overlay zone requires a minimum. FAR of 0.1 {or 10% of floor area) for non-
residential uses, or as determined by conditional use permit. Since the project is located
on a local'residential street with no commercial activitypr attractions, :and since the. project
would be located in close proximity to office, :retail, business services, personal services,
.public spaces and uses; and other community amentities within Downtown Anaheim, staff
recommends approval of this residential .project with no commercial floor area
(27) Modification to development standards are allowed in prder to promote increased
pedestriah activity, provide for a unified street frontage, ensure private and ght for
residential uses, provide for public spaces and promote compatibility with existing
development as outlined in Code Section 18.32.070.020. As described above, incentives
pertaining to street and minimum lot size are being requested. Staff believes the proposed
:project would be compatible with existing and surrounding lahd uses and. that the
modifications,from the Code allowed under the Mixed Use Ordinance (Chapter 18.32),
would achieve a good project designed to preserve and enhance the neighborhood. A
setback modification is being requested; however,a substantial setback of 27 feet is
proposed for the community center building along the west property line in order to provide
an adequate privacy buffer for the adjacent to the neighboring single family home to the
west. Moreover, the applicant has demonstrated that the setback modification would be
necessary in this case to make the housing units economically feasible.'Therefore,
because the modifications would allow for a development that provides a unified street
frontage similar to what is proposed in the powntown, exceeds the amount of recreational
space required by code, and promotes compatibility with surrounding development that is
currently under construction in a manner that would. not adverselyaffect the adjoining land
uses and the growth and development of the. area in .which it is proposed, staff
recommends approval of the request, as conditioned.
(28) This request is being processed under the City's new Affordable Housing Strategic Pian.
.The Plan seeks to expand the supply of rental housing affordable to very low, low, and
moderate-income households. The Plan ident~es several incentives to be explored to
.Page 7
.Staff Report to the
Planning Commission
June 12, 2006
Item No. 5
encourage the development of new units. One of these incentives is expediting the review
of applications for discretionary entitlements and plan check.
.FINDINGS:
(29) Before the Commission. grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that all of the following conditions exist:
(a) ',That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth: and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health. and safety;
(d) That the traffic generated by the use wi8 not impose an undue burden upon the
.streets and highways designed and improved to carry the traffic in the area; and
{e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
RECOMMENDATION:
(30) Staff recommends that, unlass additional or contrary information is received during the
meating, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff;report, and oral and written evidencepresented at the
public hearing, the Planning Commission take the following actions:
(a) 8y motion, determine that the Addendum to EIR No. 330 and Mitigation Monitoring
Plan No. 122 are adequate to serve as the appropriate environmental documentation
for this request.
(b) By resolution, aoorove Reclassification No. 2006-00178 to reclassify the subject
property from the ((Industrial) zone to the i (MU) (Industrtal;`Mixed Use Overlay)
zone,by adopting the attached resolution including the findings and conditions
contained therein.
{c) By resolution, aoorove Conditional Use Permit No. 2006-05092 to construct a 52-unit
affordable apartment complex with a density bonus and incentives {a) minimum lot
size, (b) dedication and improvement of right-of-way pursuant to Section 65915 of the
Government Code, by adopting the attached resolution including the findings and
conditions contained therein.
Page 8
[~~~~',
RESOLUTION NO. PC2006 `**
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2006-001.78 BE GRANTED
(111-125 WEST ELM STREET)
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:
THE SOUTHERLY 150 FEET OF THE ORIGINAL TOWN LOT 54, RECORDED IN BOOK
4, PAGES 629-630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY
THE EASTERLY RECTANGULAR ONE-HALF OF TOWN LOT 55 OF ANAHEIM, IN THE
CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4 PAGES 629 AND 630 OF
DEEDS, 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 June 12, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw
and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", 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 applicant proposes reclassification of subject property from the I (Industrial) zone to the
I (MU) (Industrial; Mixed Use Overlay) zone, or less intense zone.
2. That the Anaheim General Plan designates the property for Mixed Use land uses.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community because it would result in a residential project that is
consistent with the type of housing envisioned for the Downtown.
5. That "* indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That as demonstrated by the
analysis included in the Final Environmental Impact Report No. 330 EIR (Final EIR) and Addendum, the
proposed project actions will not result in new significant impacts or substantial increases in the severity of
previously identified significant impacts; and, therefore, no supplemental or subsequent environmental review is
required. The Planning Commission hereby determines that the previously-certified Final EIR with the
Addendum and Mitigation Monitoring Plan No. 122, are adequate to serve as the required environmental
documentation for the proposed project actions in connection with Reclassification No. 2006-00178.
CR\PC2006-0 -1- PC2006-
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 Anaheim
Municipal Code to exclude the above-described property from the I (Industrial) zone and to incorporate said
described property into the 1 (MU) (Industrial; Mixed Use Overlay) zone based upon the following conditions
which are hereby found to be a necessary prerequisite to the proposed use of subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
That prior to introduction of an ordinance rezoning subject property or within one (1) year, whichever is
less, a preliminary title report shall be furnished to the Planning Services Division showing the legal
vesting of title, a legal description and containing a map of the property.
2. That the approval of Reclassification No. 2006-00178 is granted subject to the approval of Conditional
Use Permit No. 2006-05082, now pending.
3. 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 this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone,. the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER RESOLVED that the Anaheim. Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and alt
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 15 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
June 12, 2006. Said resolution. is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the
Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in
the event of an appeal
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-
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
June 12, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2006.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
3- PC2006-
®f~FY]
RESOLUTION NO. PC2006--•"
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05092 BE GRANTED
(111-125 WEST ELM STREET)
WHEREAS,. the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit to construct a 52-unit affordable apartment complex with a density bonus and incentives for
certain real property situated in the City of Anaheim, County of Orange, State of California, described as:
THE SOUTHERLY 1.50 FEET OF THE ORIGINAL. TOWN LOT 54, RECORDED IN
BOOK 4, PAGES 629-630 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY
THE EASTERLY RECTANGULAR ONE-HALF OF TOWN LOT 55 OF ANAHEIM, IN
THE CITY OF ANAHEIM, AS PER MAP RECORDED IN BOOK 4 PAGES 629 AND 630
OF DEEDS, 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 June 12, 2006 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
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 request to construct a 52-unit affordable apartment complex with a
density bonus. l60 dwelling units per acre permitted;, 68 dwelling units per acre proposed) and incentives is
properly one for which. a conditional use permit is authorized by Anaheim Municipal Code Section
18.32.030.120 with the following incentives:
(a) SECTION NO. 18.32.040 Minimum lot size. l3 acres required; 0.76 acres
proposed).
(b) SECTION NO. 18.40.060 Dedication and imorovement of right-of-wav. 60-foot
wide public right-of-way required; 55 feet proposed).
2. That at least thirty (30) percent of the total units will be allocated for low income households;
therefore, the project would be in compliance with the density bonus provisions of State Law (Government
Code Section 65915).
3. That the density bonus and incentives pertaining to (a) minimum. lot size and (b) for
dedication and improvement of right-of-way are hereby approved because the applicant has submitted a
density bonus application requesting a density bonus and incentives pursuant to State Law (Govt. Code
Section 65915). State Law requires that three incentives be granted for projects that provide a minimum of
at least 30 percent of the total units for low income households. This project provides affordable units for low
income househdlds for 100 percent of its units. In addition, in regards to incentive (b), the proposed streets
would connect to and be similar in width to the existing street grid.
4. That the proposed project is compatible with existing and surrounding land uses and
maintains good overall project design,
Cr\PC2006-0 -1- PC2006-
5. That the project would not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed because the site plan is well designed with adequate
setbacks to the street and within the development.
6. 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.
7. That the granting of this conditional use permit under the conditions imposed, would not be
detrimental to the health and safety of the citizens of the City of Anaheim.
8. That modification to development standards would be compatible with existing and
surrounding land uses and that the modifications from the Code allowed under the Mixed Use Ordinance
(Chapter 18.32), would achieve a good project designed to preserve and enhance the neighborhood. The
applicant has demonstrated that the setback modification is necessary to make the housing units
economically feasible.
9. That the modifications would allow for a development that provides a unified street frontage
similar to other residential development in the Downtown, exceeds the amount of recreational space required
by code, and promotes compatibility with surrounding development that is currently under construction in a
manner that would not adversely affect the adjoining land uses and the growth and development of the area
in which it is proposed.
10. That commercial floor area would not be needed in conjunction with this residential project
since the project is located on a local residential street with no commercial activity or attractions, and since
the project would be located in close proximity to office, retail, business services, personal services, public
spaces and uses, and other community amenities within Downtown Anaheim.
11. That'*' indicated their presence at said public hearing in opposition; and. that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That as demonstrated by the
analysis included ih the Final Environmental Impact Report No. 330 EIR (Final EIR) and Addendum, the
proposed project actions will not result in new significant impacts or substantial increases in the severity of
previously identified significant impacts; and, therefore, no supplemental or subsequent environmental
review is required. Therefore, the Planning Commission hereby determines that the previously-certified Final
EIR with the Addendum and Mitigation Monitoring Plan No. 122, are adequate to serve as the'required
environmental documentation for the proposed project actions in connection with Conditional Use Permit No.
2006-05092.
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:
That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid..
2. That all existing driveway approaches on Elm Street shall be removed and replaced with curb, gutter,.
parkway landscaping, and sidewalk. ARight-of--Way Construction Permit shall be obtained from the
Public Works Department. Said information shall be specifically shown on plans submitted for building
permits.
3. That prior to issuance of a grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Pian that:
Addresses Sfte 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.
-2- PC2006-
Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
® Inwrporates Treatment Control BMPs as defined in the DAMP.
® Describes the long-term operation and maintenance requirements for the Treatment Control BMPs.
Ident~es 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.
4. That prior to issuance of a certificate of occupancy, the applicant shall
® Demonstrate that all structural BMPs described in the Project WQMP have been. constructed and.
installed in conformance with approved plans and specifications.
® Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WOMP.
e 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.
5. Thafall driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 115. Said information shall be spec~cally shown
on plans submitted. for building permits.
6. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular
traffic ih the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan
No. 475 and shall be subject to the review and approval of the Planning Services Division prior to issuance
of a building permit.
7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in
conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign or
wall/fence locations.
8. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with. the current version of Engineering Standard Plan Nos. 4026, 436 and 470 pertaining to
parking standards and driveway locations. Subject property shall thereupon be developed and maintained
in conformance with said plans.
9. That no required parking area shall be fenced or otherwise enclosed for storage uses.
10. That no compact parking spaces shall be permitted.
11. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 or
an approved alternative, which shall. be shown on plans. as required by the Department of Public Works,
Sanitation Division. Said. information shall be specifically shown on plans submitted for building permits.
12. That trash storage areas shall be provided and maintained in a Ibcetion acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identfiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant matedals such as minimum 1-gallon size clinging vines planted on
maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown: on the plans
submitted for building permits.
13. That a plan. sheet for solid waste storage and collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
-3- PC2006-
14. 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
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments.
15. 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 Department
16. 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.
17. That all backflow equipment shall be located above ground outside of the front setback area in a manner
fully screened from all public streets and alleys. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division outside of the front setback area in a manner fully screened
from all public street and alleys. Said information shalt be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
18. That since this project has landscaping area exceeding 2,500 square feet, a separate irdgation meter shall
be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code.
Said information shalCbe specifically shown on plans submitted for building permits.
19. That prior to submitting water improvement plans, the developer shall submit a water system master plan,
including a hydraulic distribution. network analysis, for Public Utilities Water Engineering review and
approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet
the project's water demand and fire protection requirements.
20. That water improvement plans in areas not covered under the Cooperation Agreement between the City of
Anaheim and the Anaheim Redevelopment Agency shall. be submitted to the Water Engineering Division
for approval and a performance bond in the amount approved. by the City Engineer and in a form
approved by the City Attorney shall be posted with the City of Anaheim.
21. That prior to rendering water service, the developer shall submit a set of improvement plans for Public
Utilities Water Engineering. review and approval in determining the conditions necessary for providing
water service to the project.
22. That pdor 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..
23. That the property owner/developer shall install street lights on the public streets as required by the
Electrical Engineering Division. A bond for the installation of the street lights shallbe posted with. the City
of Anaheim. The street lights shall be installed prior to occupancy.
24. That the property owner/developer shall provide the City of Anaheim with a public utilities easement to be
-determined as electrical design is completed.
-4- PC2006-
25. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of alt pad mounted equipment shall be required and shall be shown on plans
submitted for building permits.
26. That the entire 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 occurence.
27. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
28. That if required by the Urban Forestry Division of the Community Services Department, street trees shall
be installed, by the property owner, within the public rights-of--way adjacent to Elm Street. The size, type
and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community
Services Department. Said. information shall be specifically shown on plans submitted for building permits.
29. That all air conditioning apparatus and other roof and ground-mounted equipment shall be properly
shielded from view and the sound buffered from: adjacent residential properties and the public right-of-way.
Such information shall be spec~caliy shown on the plans submitted for building permits.
30. That all dwelling units shall be assigned street addresses, and. all public and private streets. shalt be
assigned street names, by the Planning Department.
31. That the applicant shall agree to wnstruct, operate and maintain the Affordable Units in accordance with a
written "Affordability Agreement" between the applicant and the City, in a form acceptable to the City
Attorney and Community Development Department, duly executed and acknowledged by the applicant
and the City, and recorded against the subject property in the official records of Orange County, Calrfomia.
The Affordable Units shall be subject to the requirements of the Affordability Agreement for a period of
frfty-five (55) years, beginning on the date a cert~cate of occupancy is granted for the Affordable Units.
32. That a maintenance covenant shall be submitted to the Public Works Department, Development Services
Division. and approved by the City Attorney's office. The covenant shall inGude provisions for
maintenance of private facilities, including compliance with approved an Water Quality Management Plan.
and maintenance exhibit. The covenant shall be recorded prior to the issuance of a building permit.
33. That final building elevation plans shall be submitted to the Planning Department for review and
approval. Any decision made by the Planning and Community Development Departments regarding said
plans maybe appealed to the Planning Commission as a Reports and Recommendatibns item. Such
information shall be specifically shown on the plans submitted for building permits.
34. That final landscape and fencing plans for the subject property shall be submitted to the Planning
Department for review and approval. Said plans shall show minimum 24inch box size trees, shrubs,
groundcover, and clinging vines to be planted in layers and shall also show decorative hardscape
treatment within the central courtyard area. The landscape material selected shall be appropriate to the
width. of either the parkway orthe planter area. Any decision made by the Planning and Community
Development Departments regarding said plan may be appealed to the Planning Commission. All trees
shall be properly and professionally maintained by the property owner to ensure mature, healthy growth.
Such Information shall be specifically shown onthe plans submitted for building permits.
35. That the approval. of Conditional Use Permit No. 2006-05092 is hereby granted subject to the approval
of, and finalization. of, Reclassification No. 2006-00178, now pending.
36. That the property owner shall submit a letter to the Planning Department requesting termination of
- -- Conditional Use Permit No. 1473 (to permit a motorcycle repair facility with outdoor storage with
waivers of required screening of outdoor uses and minimum number of parking spaces).
-5- PC2006-
37. That the developer shall submit public sewer improvement plans to the Public Works Department,
Development Services Division and a bond shall be posted to guarantee that the existing six (6) inch
VCP sewer in Elm Street west to Lemon: Street and then south to Santa Ana Street is replaced with. an
eight (8) inch VCP sewer line (approximately 920 feet). The improvement shall be constructed prior to
final building and zoning inspections.
38. That subject property shall be developed substantially in accordance with plans and spec cations
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.
39. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this resolution,
whichever occurs first, Condition No. 3, above mentioned, shall be complied with. Extensions for further
time to complete said conditions. may be granted in accordance with Section 18.60.170.
40. 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, 5, 6, 7, 8, 11, 12, 13, 14, 17, 18, 23, 24, 25, 28, 29,
30, 31, 32, 33, 34, 36, and 37, 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.
41. That prior to final building and zoning inspections, Condition Nos. 4, 16, 23, 37, and 38, above-mentioned,
shall be complied with.
42. 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 15 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
June 12, 2006. 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
-6- PC2006-
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 June 12, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WETNESS WHEREOF, I have hereunto set my hand this day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-7- PC2006-
Attachment -Item No. 5
SADI, LLC
5939 Monterey Road Phone 323 254-3338
Los Angeles, CA 90042 FAX 323 254-3449
Garysquier@linkline.mm
April 17, 2D06
Mr. David. See
CIty of Anaheim Planning Department
200 South Anaheim Blvd.
Anaheim, CA 92805
Subject: EIm Street Commons Request for Affordable Housing Encentive
per Senate Bill 1818
Dear Mr. See,
SADI, LLC, proposes the development of 3-units of affordable rental;.,housing located at
111, 125 Elm. St. in Anaheim. SADlrequests that the City of Anaheim make available
certain affordable housing incentives as based on provisions of SB 1818.
SB 1818 (Chapter 928, Statutes of 2004) amended state dens'dy bonus law (Gov. Code
5ectlon 65915) in a number of important ways. Effective January 1, 2005, applicants are
eligible for a range of density bonuses up to 35%, based on the percentage of .
affordable units in a development. In addition, localities are required to offer of least up
to three incentives (setbacks, open space etc. for example), based on the percentage of
affordable units in a development. As Elm Street Commons is 100% affordable, it
qualifies for three incentives. Under the law the applicant is entitled to the.incentives
they request and localities must waive or reduce standards that make it impossible to
build at the established density for the development site.
SADI requests that, along with the increased density of 53 units on the .75 acre and the
parking ratio specifically stated in SB 1818 (two onsite parking~spaces per each three or
four bedroom apartment, which are inclusive of handicapped and guest parking), the
City grant the two following concessions: relaxing the Public°VYloriis Development
Standard regarding street dedication/widening -from 60 feet to 55 feet; and reducing
the lot size required in the mixed-use overlay zone from three acres to the project lot
size of .75 acres.
We would be happy to answer any further questions you have about SB 1818 or to
provide you with a copy of the actual legislation, if needed.
Sincerely,,,
~~~,~~
Scott Richards
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TRACKING NUMBER CUP 2006-05105 Date: June 12, 2006
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Staff Report to the
Planning Commission
June 12, 2006
Item No. 6
6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
6b. CONDITIONAL USE PERMIT NO.2005-05028. (Motion for Continuance)
(Tracking No. CUP2006-05105)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.39-acre property is located at the northeast corner of Lincoln
Avenue and. Carleton Avenue, having. frontages of 196 feet on the north side of Lincoln
:Avenue and 77 feet on the east side of Carleton Avenue (1131 West Lincoln Avenue).
REQUEST:
(2) ...The applicant requests to amend a condition of approval pertaining to lunch service at a
previously-approved drive-through coffee shop (Starbucks) to permit the incidental sales. of
pre-packed sandwiches.
.BACKGROUND:
(3) This property is vacant and is zoned C-G (General Commercial). The Anaheim General
Plan designates this property for Mixed Use land uses. Surrounding properties to the east
and west are also designated for Mixed Use land uses, to the south (across Lincoln
Avenue) for Mixed Use and Low Density Residential land uses and to the north for Medium
Density Residential land uses.
(4) The applicant, Ed Perez, has submitted a letter requesting a continuance to the June 26,
2006, Commission meeting in order to submit supplemental information relevant to his
request.
PREVIOUS ZONING ACTIONS:
(5) Conditional Use Permit No. 2005-05028 (to construct a 4,100 square-foot, three unit
commercial retail center including adrive-through coffee shop (Starbucks)-with waivers of
minimum landscaped setback, minimum number of parking spaces and drive through lane
location) was approved by the Planning Commission on December 12, 2005.
RECOMMENDATION:
{6) That the Commission, by motion., continue this item to the June 26, 2006, Planning
Commission meeting.
-SR-PC067206-CUP2005-05028jr
Page 1
JUN-8-2006 11:13A FROM: EP DEUELDPh1ENT 7147762286 TD: 7655280 P.1
Fwd: Starbuck Site - Patidng Request, LincolnlCadton Yage t of z
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from: adparotdavolap®acl.eam p,~}}yU', v~~J-/,l ~/aJ,/Il
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Cc: calvadadavalopmant®mon.eom
Subject: Fwd: Starbuck Ske • Parking Raquael, LirualnlCarllon
Cate: Thu, 8 Jun 20C811:15:02 -D400
John,
We are requesting that the hearing matter for Calvada Development/ Starbucks be continued until lone
26, 2006. Further, We look forward to our meeting this morning at 9:DOAM to discuss the outcome
matter of the parking study and food services provided by 5tarbucks.
Thank You,
Ed Perez
Principal
EP Development Corp..
2D1 E. Broadway Ave.
Anaheim, CA 92807
Office: 714-776-4377
Fax:714-776-2286
e-mail: edperezdevelop@aol,com
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Conditional Use Permit No. 2003-04623
TRACKING NO. CUP2006-05096
f2equested By: NARESH PATEL
2530 East La Palma Avenue
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Date: June 12, 2006
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.Staff Report to the
..Planning Commission
June 12, 2006
Item No. 7
7a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
7b. "CONDITIONAL USE PERMIT N0.2003-04823 (READVERTISED) (Resolution)
(TRACKING NO. CUP2006-05096)
SITE LOCATION AND DESCRIPTION:
j1) This rectangularly-shaped, 0.48-acre property is located at the southeast corner of La
Palma Avenue and Sunkist Street having frontagespf 140 feet on the south side of La
Palma Avenue and 140 feet on the east side of Sunkist. Street (2530 East La Palma.
Avenue = US Gas -.Valero)..
REQUEST:
(2) :The applicant. requests to amend or delete a condition of approval under authority of Code
Section No. 18.08.030.040.0402 to permit the sale of beer and wine for. off-premises
consumption for apreviously-approved service station with convenience market and car
.wash.
BACKGROUND:
(3) The property is developed with an existing service station with convenience market and car
wash and is zoned C-G (General Commercial). The City of Anaheim General Pian
designates this property for General Commercial land uses. The'surrounding designations
are as follows: to the east General Commercial, to the north Low-Medium Density
Residential,to the west Low-Density Residential and to the south Elementary School site.
(4) Conditional Use Permit No. 20D3-04823 (to remodel and expand an existing service station
with a convenience market and accessory elf-serve car wash with waiver of minimum
structural setback and yard requirements abutting Le Palma Avenue 10 feet fully
landscaped required] 5 to 10 existing and proposed)) was approved by the Planning
Commission on February 9, 2004. Resolution No. PC2004-20 adopted in connection with
Conditional Use Permit No. 2003-04823 included the following condition:
"24. That no alcoholic beverages shall be available for sale in the convenience market."
DEVELOPMENT PROPOSAL:
(5) The applicantproposes to delete a condition of approval pertaining to thesales of alcohol
in order tosell beer and wine for. off-premises consumption as part of the. operation of the
:existing service station with convenience market and;car wash. No new construction is
proposed as part of this request.
(6) The applicant has indicated that beer and wine would be stored in the walk-in cooler area
(as shown on the following page} and storage room. Any display of the beer and wine
wouidbe stored under camera surveillance and in direct vision of the sales clerk to monitor
24 hours. All walk-in cooler doors would have locking mechanisms to follow State law
(permitted hours of sale) on the sales ofbeer and wine.
`Page 1
Staff Report to the
Planning Commission
June 12, 2006
Item No. 7
(7) The applicant has indicated the `hours of operation for the convenience store are 24 hours a
day, 7 days a week with four' (4) full-time employees and one (1) part-time employee. The
convenience store sells a variety of merchandise including cigarettes, canned foods, frozen
foods, soda, milk, eggs and other dairy products,`hot dogs, snack items and a few
stationary items.
ENVIRONMENTAL IMPACT ANALYSIS:
(S) The Planning Director's authorized representative has determined that the proposed project
falls within the definition of Categorical Exemptions, Section 15301, Ciass 1 {Existing
Facilities), as defined in the CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional ehvironmental documentation.
EVALUATION:
(g) The applicant is requesting modification of this. permit to allow for the sale of beer and wine
for.off-premises consumption at the convenience store: Service stations with a convenience
store with or without the sale of beer and wine for off-premises consumption and car wash
is permitted in the C-G (General Commercial) Zone subject to the approval of a conditional
use permit
Page t
Staff Report to the
Planning Commission
June 12, 2006
Item. No. 7
{12) Staff believes. that although this location is in close proximity to the elementary school, the
location is not within an area of high crime or over-concentration:'1n addition, the calls for
service to the site and the adjoining sites have been limited as indicated in the attached
memorandum from the Police Department. The proposed conditions of approval are
.::intended to mitigate any potential secondary impacts related to the sale of the beer and
wine and therefore,. staff recommends aooroval of this request.
FINDINGS:
(13) Before the Planning Commission grants any major. modification to a conditional use permit,
they must make. a finding of fact that the evidence presented shows that all of the following
conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, orthat said use is not listed therein as being a
permitted use;'.
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site. proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to he particular area
or to health and safety; '
(d) That. the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and;improved#o carry the traffic in the
area; and
(e) That the granting of the oonditionaf use permit under the conditions imposed; if any,
will not be detrimental to the health and safety and general welfare of the citizens of
the City of Anaheim.
RECOMMENDATION:
(14) Staff recommends that, unless additional dr 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 take the following actions:
(a) By motion, aoorove a CEQA Categorical Exemption -Class 1 (Existing Facilities)..
(b) By resolution aoorove an amendment to Conditional Use Permit No. 2003-04823
{Tracking IJo. CUP2006-05096) to permit,the sale of beer and wine for offpremises
consumption in an existing service station. with a convenience market and car wash
by deleting a condition of approval. pertaining to the sale of alcoholic beverages and
adopting the attached resolution including he findings and conditions contained
therein.
Page 4
[DIZ~AFY]
RESOLUTION NO. PC2006-'°'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING RESOLUTION NO. PC2004-20; ADOPTED IN CONNECTION
WITH CONDITIONAL USE PERMIT NO. 2003-04823 BE GRANTED
(2530 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 WEST 207.00 FEET OF THE NORTH 203.00 FEET OF THE NORTHWEST QUARTER
OF THE NORTHEAST QUARTER OF SECTION. 12, TOWNSHIP 4 SOUTH, RANGE 10 WEST,
SAN' BERNARDINO BASE AND MERIDAIAN, IN THE RANCO SAN JUAN CAJON DE SANTA
ANA, IN THE 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.
WHEREAS, on February 9, 2004, the Anaheim City Planning Commission did, by its
Resolution PC2004-20 grant Conditional Use Permit No. 2003-04823 to remodel and expand an existing
service station with a convenience market and accessory self-serve car wash with waiver of minimum
structural setback abutting an arterial in order to maintain existing non-conforming setbacks; and
WHEREAS, Condition No. 24 of Resolution No. PC2004-20 states:
24. That no alcoholic beverages shall be available for sale in the convenience market.
WHEREAS, the applicant has requested an amendment to his conditional use permit to
modify Condition No. 24, to permit the sale of beer and wine for off premises consumption; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 12, 2006, 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 18.80 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 requested amendment/modification of use is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 the sale of alcoholic
beverages for off-premises consumption.
2. That the request to delete Condition No. 24 of Resolution No. PC2004-20 which does not
permit the sale of beer and wine for off-premises consumption is hereby approved because the location is
not within an area of high crime or over-concentration and further that there has been only two (2) calls for
service at this location for the past year.
3. That the size and shape of the site for the use has been adequate to allow the full
development of the service station with convenience market and car wash in a manner not detrimental to the
particular area or to the health and safety and the proposed modifications would not alter the physical
condition of the site.
Cr1PC2006-0 -1- PC2006-
4. That the traffic generated by the proposed use will not impose an undue burden upon. the
streets and highways designed and improved to carry the traffic in the area.
5. That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim because the sale of beer and
wine would be well controlled by the operational conditions of approval imposed upon this request.
6. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was. received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby amend Resolution No. PC2004-20, adopted in connection with Conditional Use Permit No. 2003-
04823 to approve the applicant's request; and
BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC2004-20
are amended in their entirety read as follows:
There shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a
violation of this condition.
2. No display of beer and wine shall be located outside of a building or within five (5) feet of any public
entrance to the building..
3. The area of beer and wine displays shall not exceed 25% of the total display area in a building.
4. Sale. of beer and wine shall be made to customers only when the customer is in the building.
5. No person undertwenty-one (21) years of age shall sell or be permitted to sell beer or wine.
6. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and
that wine coolers shall. not be sold in packages containing less than a four (4) pack.
7. The possession of alcoholic beverages in open containers and/or the consumption of alcoholic
beverages is prohibited on or around these premises.
8. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the appearance and conduct of all persons on or about the parking lot.
Addjtionally, the position of such lighting shall not disturb the normal privacy and use of any
neighboring residences.
9. There shall be no amusement machines, video game devices, or pool tables maintained upon the
`premises at any time.
10. There shall be no public telephones on the property that are located outside the building and within
the control of the applicant.
-2- PC2006-
11. The gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any
three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when requested.
12. 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 the time of occurrence.
13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage area.
14. That the on-site landscaping including the trees shall: be maintained in a healthy condition. Any
landscaping which is damaged, diseased or dies shall be replaced in a timely manner.
15, That prior to commencement of the activity authorized by this resolution, subject. property shall be
developed substantially in accordance with plans and specifications submitted to the City of
Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit
Nos. 1 through 7, and as conditioned herein.
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 equipment.
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 unehforceable 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 tT FURTHER RESOLVED that the applicant is responsible for paying. all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice,
prior to commencement of the activity ocprior 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
June 12, 2006. 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
-3- PC2006-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
GITY 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 June 12, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
Attachment -Item No. 7
Letter of Operation
April 2006
Project Name: US GASUP, Inc.
Project Location: 2530 East La Palma Avenue
Anaheim, CA 92806
Assessors Parcel
Number: APN 083-020-48
Legal Description: Sec 12 T 4R l OW 207 PT N
203 Ft N W l /4 N E l /4-EX STS-
City of Anaheim
County of Orange, State of California
Applicant/Agent: Sheldon Group
Stephen R. Sheldon
901 Dove Street, Suite 140
Newport Beach, CA 92660
(949) 777-9400
Property Owner: NP Gas, Inc.
1907 Los Alamitos: Drive
Placentia, CA 92870
(714)553-4805
Contact: Naresh Patel
Tenant: US GASUP, Inc.
2530 East La Palma Avenue
Anaheim, CA 92806
(714) 781-5800
Entitlements
Requested: A Conditional Use Permit (CUP) from the City of Anaheim is
necessary to permit the sale of beer and wine for off-premise
consumption (Type 20 Off-Sale Beer and Wine liquor license).
Existing General
Plan Land Use
Designation: General Commercial (GC)
Existing Zoning
Giasslficotlon: General Commercial (C-G)
AttachmentPpgeettof 3 f Operation CUP ~~, Zpp3 m 0 ~ $ ~_ 3
Background: Originally, the site was afull-service gas station (Union 76). IJP Gas.
Inc. purchased the property in May 2004 and built a carwash as
well as made additional improvements to the gas station and
convenience store. Construction was completed in October 2005
and the site was then leased to US GASUP, Inc.
Property
Description: US GASUP, Inc. curzently operates a Valero gas station,
convenience store and carwash on 0.52 acres of land (22,500
gross s.f.). The property is located at 2530 East La Palma Avenue in
Anaheim, California, and is owned by NP Gas, Inc.
The property contains asingle-story convenience store (1,966 s.f.)
complete with asingle-story laser carwash and mechanical room
(939 s.f.) in addition to a single-story canopy for gas pumps (1,974
s.f.), Total building coverage for the property is 2,905 s.f. (12.9%).
Landscaping comprises approximately 2,202 s.f. (5%) of the site.
Surrounding uses include a convenience store (7-Eleven) and a
liquor store immediately to the east, residential uses to the north
and the west, and ah elementary school (Sunkist Elementary) to
the immediate south.
The property has two primary access points -one along Sunkist
Avenue and one dlong La Palma Avenue. The property also
contains a secondary access point from an alleyway immediately
to the south of the property.
The property itself includes eleven (T1) total. parking spaces. Of
these spaces, one (1J is designated disabled parking and is
located to the west of the building. The City requirement for this
use is eleven (11) parking spaces (utilmhg a ratio of 5.5 parking
spaces per 1,000 square feet)..
Operaflonal
Charoctedstics:
Hours of operation for US GASUP are as follows;
Convenience Store
Gas Station
Canvash
24 hours a day,
24 hours a day,
6 a.m. - 10 p.m.
7 days a week
7 days a week
The store has four (4) full-time employees and one (1) part-time
employee, for a total of five (5) employees. Each employee is
responsible for managing various shifts, which breakdown as
follows;
Attachment B -Letter of Operation
Page 2 of 3 ~~N N0. 2003 - 0 4 8 2 3
Shift Time Number of
Em to ees
Mornin 6 a.m. to 2 .m. 2
Afternoon 2 .m. to 10 .m. 2
Evenin 10 .m. to 6 a.m. 1
The convenience store sells a variety of merchandise, including
cigarettes, canned foods, frozen foods, soda, milk, eggs and other
dairy products, hot dogs, snack items and a few stationary items
(i.e., pens, paper goods, etc.).
Deliveries of merchandise are made on various times throughout
the week. All delivery trucks use the primary access along La
Palma Avenue.
Project S-gnage: Currently, there is one business identification monument sign,
located at the comer of Sunkist Avenue and La Palma Avenue, on
the northwest edge of the property. Other signs include:
• One (1) wall mounted sign reading "Food Shop" above the
front entrance of the convenience store
• Two (2} canopy signs -one at each street frontage -
identifying "Valero"
• Two (2) directional signs -one above the entrance and exit
of the canvash
Attachment B -Letter of Operation
Page 3 of 3 CUP-~0. 2003 "- a 4 g? 3
-Item No. 7
- ~'~ . _..
1001 South East Street, Anaheim, CA 94805 • Te1714-517-7500 • Fax 774-517-8538
BOARD OF EDUCAflON
Sandy Blumberg • Barbera Gonzalez • Susan Preus • Jerry Silverman • James Vanderbilt-Linares ..r.* j
SUPERINTENDENT WEB SITE -tie;, , ~.x9 !~! I~~"-i~~ s.
Sandra Barry vuww.acsd.kl4.ca.us A Groat Place to Learn!
May 10, 2006
Planning Commission
City of Anaheim
200 South Anaheim Blvd.
P. O. Box 3222
Anaheim, CA 92803
Dear Planning Commission:
RE: Application for Conditional Use Permit No. 2006-05096, Sale of Beer and
Wine at existing service station, 2530 East La Palma Avenue
On behalf of-the Board of Education of the Anaheim City School District, 1 am protesting
the request by the existing Valero service station located at 2530 East La Palma
Avenue, Anaheim, CA 92806 for Conditional Use Permit No. 2006-05096 permitting the
retail sale of beer and wine for off-premises consumption. This service station is within
150 feet of our Sunkist Elementary School, 500 North Sunkist Street. Attached is a map
showing the proximity of the service station to Sunkist School. Because the safety and
well-being of our children are high prorifies, I request that this application be denied.
Two establishments (7-Eleven and a liquor store) along East La Palma Avenue adjacent
to the applicant already sell beer and wine. Adding a third source for the purchase of
beer and wine creates additional opportunities to compromise the safety of our
students.
Current legislative code allows law enforcement agencies, in conjunction with judicial
and other government agencies, to restrict activities (e.g., sale and consumption of
alcohol) in certain designated areas, such as those surrounding elementary schools, to
help reduce the potential for crime as well as vehicle and pedestrian accidents.
Specifically, Business and Professions Code 23789(b) authorizes the department of
Alcoholic Beverage Control to refuse I(censes to sell alcohol within at least 600 feet of
schools. Such measures enhance the safety of the community and our students.
Again, the Anaheim City School District Board of Education does not support this
application to sell beer and wine and requests that the permit referenced above not
__be approved. Your support in restricting the sate of alcoholic beverages near schools
and residential areas is much appreciated.
Anaheim Planning Commis...on
Page 2
May 10, 2006
If you have. any questions, please phone me at (714) 517-7510.
Sincer ly,
ra Barry
Superintendent
SEBaaj
Enclosure
cimydefelxwdtlocxlbHersbmbsi ktler-ve(em lapelma.dec
cc: Deila Herrick, Planning Department, City of Anaheim
Boats of Education, ACSD
Risk Management, ACSD
Carol Berg, Deputy Supt. Administrative Services, ACSD
Gordon Itow, Senior Director Facilities Planning,. ACSD
Proximity of Applicant to Sunkist School
La Palma Ave
Subject
Property
x m
Qw
o- o
d
d
~ Sunkist School
w
c
N
Attachment -Item No. 7
Della Herrick
From: Felicity Duncan Ifeliclta.duncan@gmail.comj
Sent: Thursday, June O8, 2006 10:01 AM
To: Della Herrick
Subject: notice of planning commission public hearing,date of meeting 6/12106
Dear Ms. Herrick,
6/8/06
Per our phone conversation. on 6/7/06 regarding the above matter.
Please note that I am not in support of the proposal to permit the sale of beer and/ or
wine for off-premises consumption at 2530 East LaPalma Rve., Anaheim. This is a
residential area, with a lot of school children at elementry level and smaller. This
backs. up the the public school, and would pose a problem for the children going to and
from shcool, also, the element of persons buying said product is an undersireable type to
be around the school and the area, as again this is dense residential and presents new
problems for the residents.
Please present this letter at the meeting, as Z teach and am not ahle to attent the
meeting.
I also, live near said property and have eleven grandchildren in the area.
Plus the fact that the sale of beerand wine are sold at two properties next to the above
address, which puts us in high risk as it is. Please consider, our children.
Very sincerely,
Felicity and Richard Duncan
Item No. 8
General Plan Amendment No. 2006-00442
Specific Plan Amendment No. 2006-00036
Requested By: CITY OF ANAHEIM
The Anaheim Resort
"' Subject Property
Date: June 1.2,2006
Scale: Graphic
Q.S. No. N/A
~oo~~
sim`-Resort Residential Overlay
Site A
Site B
The Anaheim ResortT"^ Boundary
The Anaheim Resort Specific Plan Boundary
General Plan Amendment No. 2006-00442
Specific Plan Amendment No. 2006-00036
Requested By: CITY OF ANAHEIM
The Anaheim Resort
t off.
.Staff Report to the
Planning Commission
June 12, 2006
Jtem No. 8
8a. MITIGATED NEGATIVE DECLARATION (Motion)
Sb. GENERAL PLAN AMENDMENT NO. 2006-00442 (Recommendation Resolution)
Sc. AMENDMENT NO. 7 TO THE ANAHEIM RESORT
SPECIFIC PLAN NO.92-2 {Recommendation Resolution)
(TRACKING NO. SPN2006-00036)
SITE LOCATION AND DESCRIPTION:
(1) The Anaheim Resort encompasses approximately 1,078 acres, generally located
adjacent to and southwest of the Santa Ana (I-5) Freeway between the
Disneyland Drive off-ramp and Chapman. Avenue, with a portion located north of
the I-5lHarbor Boulevard interchange.
The Anaheim Resort Specific Plan area is located within The Anaheim Resort
and encompasses approximately 582 acres. The proposed Anaheim Resort
.Residential Overlay involves. two sites within the Specific Plan area Site A
encompasses approximately 43 acres east of Anaheim Boulevard and Haster
Street in the vicinity of Katella Avenue. Site B encompasses approximately 15
acres south of Wilken Way and east of Harbor Boulevard.
The Anaheim Resort, the Anaheim Resort Specific Plan area and the proposed
Anaheim Resort ResidentiafOverlay are shown on the map do the next page.
REQUEST:
(2) This is aCity-initiated request for Planning Commission recommendations to the
City Council on he following proposed actions:.
Mitigated NegativeDeclaration - A request for determination that the Anaheim
ResortSpecific Plan No. 92-2 Amendment No. 7 -Anaheim Resort Residential
Overlay nitial Study and Mitigated Negative Declaration together with,Updated
and Modified Mitigation Monitoring Program No: 0085b are adequate to serve as
the required environmental documentation for the proposed project actions.
General Pian Amendment No. 2006-00442 -Request to amend the General Plan
Land Use Element to allow residential uses in conjunction with full-service hotels
within targeted areas of he Anaheim Resort Specific Plan area !This
amendment consists of revisions to Table LU-4, "General Plan Density
Provisions for Specific Plans within The Anaheim Resort and for the Platinum
:Triangle Area".and the Commercial Recreation land use designation description.
Amendment No. 7 to The Anaheim Resort Specific Pian No. 92-2 -Request to
:amend the Anaheim Resort Specific Plan No. 92-2 Zdning and Development
Standards (Chapter 18.1.16 of the Anaheim Municipal Code) to establish an
overlay (Ananaim Resort Residential Overlay) and standards for the
development of residential uses in wnjunction with full-service hotels within two
targeted areas of the Anaheim Resort Specific Plan area (This action was
advertised as also amending Chapter 18.116 in its entirety to provide consistent
fiomnatting with Title 18 (Zoning Code) along with minor modifications and
clarifications, however, these amendments will be processed at a later date.)
.page 1
Staff Report to the
Planning Commission
June 12, 2006
Item No. 8
Location RRa
~'i' The Mahelm Resort SpeWlie plan BauntlBry
Page 2
Staff Report to the
Planning Commission
.June 12, 2006
..Item No. 8
BACKGROUND:
(3) On September 27, 1994, the City Council adopted the Anaheim Resort Specific
Plan No. 92-2 to provide a long. range, comprehensive plan for future
.development of 549.5 acres located within The Anaheim Resort. The Plan
includes Zoning and Development Standards, :Design Guidelines and a Public
Facilities Pian and permits the development of hotels/motels, `convention, retail
:and other visitor erving uses. The Zoning and Development Standards are set
forth in the specific plan document and in Chapter 18.116 of the Anaheim
Municipal Code..
(4) Since the adoption of the Anaheim Resort Specific Pian,`proposed modifications
to the Plan have included six amendments and four adjustments:
(a) On June 3, 1997, the City Council. adopted Ordinance No. 5599 approving
Amendment No. 1, a request to incorporate a 4.67-acre parcel of land
located on the north side of Orangewood Avenue into the Anaheim Resort
'Specific Plan area
(b) On October 12, 1998, Council denied Amendment No:Q, a request to
`establish a "coffee house" as a conditionallypermitted accessory use in
conJuhction with an automotive service station.
(c) On .May 18, 1.999, Couhcil adopted Ordinance No. 5685 approving
Adjustment No. 1, a request to amend the Zoning and Development
Standards relating to structural setbacks and yard requirements to reflect the
;local streat status of Convention Way.
(d) On August 17, 1999,. Council adopted Ordinance No. 5694 approving
sAmendment No. 3, a request to incorporate a 0.73 acre parcel of land
located at the northwest comet of Casa Grande Avenue and Casa Vista
Street into the Anaheim Resort Specific Pian area.
(e) On September 21, 1999, Council,adopted Ordinance No. 5703 approving
Adjustment No. 2, a request to amend the Zoning and Development
Standards relating to minimum landscape setback requirements for
properties adjacent to Manchester Avenue between Katella Avenue and the
southern boundary of the Anaheim Resort Specific Plan area
(f) On May 1,.2001, Council adopted Ordinance No. 5769 approving Adjustment
No. 3, a request to amend the Zoning and Development Standards relating to
temporary parking lot requirements.
(g) Dn April 27, 2004, Council adopted Ordinance No. 5910 approving
Adjustment No. 4, a request to amend the Zoning: and. Development
Standards relating to office uses in a legal non-conforming building.
(h) On May 25, 2004, Council adopted a comprehensive Zoning Code Update.
Amendment No. 4, which included streamlined project processing provisions.
- (i) On June 8, 2004, Council adopted Ordinance No. 5922 approving
.Amendment No. 5, a request to incorporate 27 acres located along Harbor
page 3
Staff Report to the
Planning Commission
June 12, 2006
Item No. 8
Boulevard, south. of Orangewood. Avenue into the Anaheim Resort Specific
Plan area,
G) An February 6, 2005, Council adopted Ordinance No. 5954 approving
Amendment No. 6, a request to amend the Zoning and Development
Standards to permit convenience markets with the sales of beer and wine for
off-premises consumption as an accessory use to service stations in
conjunction with the relocation of an existing service station facility with street
frontage on Harbor Boulevard to a location not fronting on Harbor Boulevard.
(5) On May 25, 2004, the City Council approved General Pian Amendment No.
2004-00419, which provided: a'comprehensive update to the City's General Plan.
The updated General Plan includes a revised Land Use Element, with a Land
Use Pian that limits the Commercial Recreation land use designation to The
Anaheim Resort. Table LU-4 of the Land Use Element, "General Plan Density
Provisions for,Specific Plans within The Anaheim Resort. and for the Platinum
,Triangle Area" provides a description of the land use densities for the three
specific plans. within The Anaheim Resort including the Anaheim Resort Specific
.Plan.. In addition, the Land Use Element provides a description of the
Commercial Recreation land use designatidn. This update was processed
:concurrently with the actions described,in paragraphs 4(h) and 4(i).
DISCUSSION:
{6) Since the adoption of the Anaheim Resort Specific Pian in 1994, the Anaheim
Resort has been transformed. into a world-class destination. tJew landscaping
fias been planted; utilities have been placed underground; unsightly signs. have
been removed; infrastructure hasbaen installed to meet the needs of built and
future development intensities; and, a maintenance district has been formed to
ensure that The Anaheim. Resort continues to be an attractive desttnatian. At the
same time, nearly 3,000 hotel rooms have been built, renovated or are currently
under constriction, along with numerous other improvements.
;(7) Recently, the Ctty has been approached by developers interested ih pursuing a
new type of residential use within The Anaheim Resort. This proposed concept
incorporates luxury hotels and condominiums (occupied by full-time residents)
into a single development.' Under this cohcept, condominium residents have
access to all. the services and amenities of the full-service hotel (e.g., concierge
service, room service, housekeeping, quality restaurants and on-site recreation
facilities). 'Some examples of this type of development include the W Dallas
Victory Hotel and Residences, the Ritz-Carlton Sarasota, the Intercontinental
Boston, the Four Seasons Private Residences in Houston and the Trump
international Hotel and Tower irr Toronto. These are not vacation ownership
resorts of time share developments, which currently require a conditional use
permit in the Anaheim Resort Speck Plan area.
(6) Planning Department staff has identified two areas at the eastern and. southern
.edges of The Anaheim Resort that may be suitable for this type. of development
due to a variety of factors including their location,along the periphery of The
Anaheim Resort, development potential, and surrounding land uses.
(9) Currently, neither the General Plan nor the Anaheim Resort Specific Pian permits
residential uses within The Anaheim Resort. In order to allow residential uses as
Page 4
Staff Report to the
Planning Commission
June 12, 2006
Item No. B
described above, amendments are required to both. the General Plan and the
Anaheim Resort Specific Plan. ft is .important to note3hat the proposed
amendments are only intended to modify the uses allowed within the Specific
Plan and do not amend the site development standards for structures within the
Anaheim. Resort Specific Pian area (i.e., no changes in the maximum permitted
:building height, required building setbacks, etc. are proposed).
General Plan Amendment No.'2006-00442
(10) The Land Use Element of the City of Anaheim General Plan includes Table LU-4
"General Plan Density Provisions forSpecific Areas of the City' which describes
'the land uses and densities aNowed bylhe Anaheim Resort Specific Plan.
Approval of the proposed General Plan Amendment would amend this table as
follows, to reflect the introduction of residential uses in conjunction with full-
service hotels (new wordingis shown in bold):
"Note No. 2: The Anaheim Resort Specific Plan provides for the development of
approximately 548:5 582 acres within the C-R (Commercial Recreation) District
which allows forhotels, mote/s, convention and conference facilities, as well as
restaurants, retail shops and entertainment facilities; the PR.(Public Recreation)
District which encdmpasses he Anaheim Convention Center and associated
' ; parking facilities and provides for the orderly use of City-owned property as well
as fhe'exisfing Anaheim Hilton Hotel; aad; the Mobile Home Park{MHP) Oveday
which encompasses existing mobile home parks within the C-R District and
provides development standards for mobile home parks and regulations and
procedures to mitigate relocation cdncems and adverse effects of displacement
upon mobile home owners when a park is converted to another land use; and,
the Anaheim Resort Residential Overlay, .which applies to focused areas of
the Specific Plan and provides for the incorporation of residential uses intq
hotel developments when such uses are fulty integreted into a minimum
300-room full-service hotel. The Anaheim Resort Specific Plan also identifies
maximum development density designations in the C-R District. These.
designations are based upon hoteUmotel development and allow up to 20% of
each hoteUmotel project. gross square footage, excluding parking facilities, fo be
developed with integrated (i.e, included within the main hoteUmotel complex)
accessory uses. These accessory uses will reduce the otherwise maximum
permitted hdteUmotel density at the rate of one hoteUmotel room per ix hundred
(600) gross square feet of accessory use. For properties proposed to be
developed. with permitted and cond$ionally permitted uses other than
hotels/mote/s with accessory uses,'the traffic generation cha2cterisfics of said
uses shall not exceed those associated wfth the otherwise permitted hoteUmotel.
(including accessory uses).density as determined by the: City TrafSc and
Transportation Manager prior to Final Site Plan review and approval. The densiy
designations are as follows:. Low Density, which has a maximum density of up to
50 rooms per gross acre or 75 rooms per lot or parcel, whicheveris greater, Low-
Medium Density, up to 75 rooms per gross acre or 75 rooms per lot or parcel,
whichever is greater,• Medium Density, up to 100 rooms per gross acre or 75
rooms per lot or parcel, whichever is greater, and, Convention Center (CC)
Medium Density, up to 125 rooms pergross acre with trip generation
charactertstics mitigated to the equivalent of 100 rooms per gross acre, or75
rooms per lot or parcel, whicheveris greater. For those parcels that are
developed with hoteUmotel rooms which exceed the maximum density
Page 5
Staff Report to the
Planning Commission
June 12, 2006
Jtem No. 8
.designation, the number of rooms existing on the date of adoption of the
Anaheim Resort Specific Plan Ordinance maybe rebuilt or modified at their
existing densfty Focprojects that are developed in accordance with the
Anaheim Resort Residential Overlay, the number of dwelling units
proposed shall not exceed the number of hotel rooms included in the
development and such projects shall not result in infrestructure impacts
greater than those associated with the subject property's permitted
hotel/motel density, as allowed by the property's underlying C-R District
density designation, unless such impacts are duly analyzed and mitigated
pursuant to subsequent environmental review."
The Land Use Element of the City of Anaheim General' Plan includes
`.descriptions of each of the City's General Plan land use designations including
the Commercial Recreation land use designation. Approval of this General Plan
Amendment would. amend his description as follows,#o reflect the introduction of
residential uses in conjunction with full-service hotels (new wording is shown in
bold):
"The Commercial Recreation land use designation applies fo The Anaheim
Resort. The designation is intended to provide for tourist and entertainment
related industries, such as theme parks, hotels, tourist oriented retail, movie
theaters, and other visitor-serving facilities.`In addition, in targeted areas
within The Anaheim Resort, residential uses are allowedby conditional use
permit when such uses are fully integrated into a minimum 300-room full-
service hotel The Commerciel Recreation designation is implemented by
various Specific Plan Zones in The Anaheim Resort, which further define the
maximum development intensities within this area."
The proposed amendments to Table LU-4 and the description for the
Commercial Recreation land use designation are consistent with the goals and
policies of the General Pian.
Amendment No. 7 To The Anaheim Resort Specific Plan No. 92-2
{11) Toprovide for the introduction of resldentlaFuses into The Anaheim Resort, an
overlay (Anaheim Resort. Residential Overlay) is recommended to identify
locations where such residential uses are suitable and to provide additional
development standards for this type of development. The locations for the
proposed overlay are shown on page two. of this staff report.
The proposed amendment to The Anaheim Resort Specific Plan adds the
:.Anaheim Resort Residential Overlay to the list of Development Areas within the
Anaheim Resort Specific Plan area (Section 18.116.050) and creates a new
section (Section 18.116.095) thafincludes the development standards for the
new Overlay., These standards are specific to the incorporation of.residential
uses and are genereliy described as follows:<
(a) Proposed projects require a Final Site Plan, a Conditional Use Permit
and may require a Development Agreement.
{b) Ail projects must comply with the development standards of the
Commercial Recreation District of the Anaheim Resort Specific Plan, in
addition to the requirements of the Anaheim Resort Residential Overlay.
Page 6
Staff Report to the
Planning Commission
June 12, 2006
item No. 8
(c) -.:All residential units must be clearly integrated into a minimum 300-room,
full service hotel, as defined by State Law (Civil Code Section
1940(b)(2), which. generally includes maid service, room service,. an on-
site full-service restaurant and similar amenities. Residential units must
be located at least two floors or twenty-five feet above ground level
::adjacent to the public right-of-way.
(d) The number of residential units may not exceed the total number of hotel
rooms.
(e) The traffic and sewer impacts related to the proposed project may not
exceed. the development intensity for the equivalent number of hotel
rooms allowed by the Anaheim Resort Specific Plan as determined by
required traffic and sewer studies. Additional studies to analyze other
infrastructure impacts may be required as determined by the Planning
Director.
(f) Projects must comply with requirements related to parking, floor area,
recreational-leisureareas, loading areas, refuse storage, security and
use compatibility. These requirements are essentially the same as the
requirements for the MU (Mixed-Use) Overlay Zone, the PTMU (Platinum
Triangle Mixed Use) Overlay`Zone and the RM-4 Multiple Family Zone.
A copy of the draft ordinance with thespecific requiremehts for each of these
items is attached to this staff report (Attachment C).
ENVIRONMENTALdMPACT ANALYSIS
(12} In conjunction with the adoption of the Anaheim Resort Specific Plan, the City
Council certified The Anaheim Resort Specific Plan EIR No. 313 (State
Clearinghouse No. 91091062). This EIR evaluated the impacts associated. with
the establishment and implementation of the Anaheim Resort Specific Plan and
created a mitigation monitoring program (MMP No. 0085) ih order to mitigate any
such impacts. '
In addition, in conjunction with the comprehensive update to the City's General
Plan and Zoning Code and Amendment No. 5 to the Anaheim:Resort Specific
Plan,the City Council certified The Anaheim General Plan and Zoning Code
.Update EIR No. 330 (State Clearinghouse No. 2033041105). -The EIR evaluated
impacts associated with the comprehensive update to the City's General Plan
and Zoning Code and created a mitigation monitoring program (MMP No. 122) in
order to mitigate any such mpacts. A separate mitigation, monitoring program
(MMP No. 0085a) was created to mitigate any Impacts associated with
Amendment No. 5 to the Anaheim Resort Speck Plan.
The environmental impact analysis conducted in conjunction with EIR tJos. 313
and 330 found that their respective proposed projects would create significant
and unavoidable impacts. 'EIR No.'313 determined that impacts related to air
equality and traffic would be significant and. unavoidable and a statement of
oven•iding consideration was adopted along with certification of the EIR.
:Similarly, EIR No. 330 found that impacts related to air quality, noise and traffic
would be significant and unavoidable and a statement of overriding consideration
Page 7
Staff Report to the
Planning Commission
June 12, 2006
Item. No. 8
was then adopted along with the certification of the EIR.. The statements of
overriding consideration adopted for EIR Nos: 313 and 330 are still applicable to
the issues previously addressed pursuant to CEQA Guidelines Section
1512(d)(1).
(13) Section :15152 of the CEQA Guidelines describes "tiering" as using the analysis
of general matters contained in a broader EIR with later environmental
documentation on narrower projects, incorporating by reference the general
discussions from the broader EIR and concentrating the later environmental
documentation solely on the issues specific to the later project. The guideline
encourages agencies to "tier" the environmental analyses which they prepare for
separate but related project to eliminate repetitive discussions of the same issues
:and focus Jater environmental documentation on the actual issues appropriate for
decision at each level of environmental review.
(14) An initial studylmitigated negative declaration (The Anaheim Resort Specfic Plan
No. 92-2 Amendment No, 7 -Anaheim Resort Residential Overlay Initial
Study/Mitigated Negative Declaration) has been prepared for the proposed
actions (the."Mitigated Negative Declaration"). This document tiers from
previously certified environmental documentation, as provided in CEQA
Guidelines Section 15152 and incorporates'ihforma#ion from EIR Nos. 313 and
330. ?On May 23, 2006, this initial study/mitigated negative declaration. was
circulated fora30-daypublic review'period which ends on Juhe 21, 2006.
Copies of the Mitigated Negative Declaration have beeh provided to the Planning
Commission and are available for review. in the Planning Department, as well as
copies of related ehvironmental'documents.
(15) The Mitigated Negative Declaration concludes that there are no impacts .which
have not beeh mitigated to a level which is less than sign cant with the
:exception of three significant impacts which have been identified in the previous
EIR's as significant and unavoidable, and a Statement of Overriding
Considerations has been adopted addressing these impacts. `The proposed
change from visitor-serving uses to residential uses would not create an
additional impact in and of itself.
Staff review indicates that the Anaheim Resort Specific Plan No. 92-2
Amendment No. 7 -:Anaheim. Resort Residential Overlay Initial Study/Mitigated
Negative Declaration and Updated and Modified Mitigation Monitoring Program
No: A085b, are adequate to serve as the required environmental documentation
for the proposed project actions.
FINDINGS
(16) .Before the Commission recommends approval of any General Plan amendment,
it must make a finding of fact that the evidence presented: shows that all of the
following conditions exist:
(a) The proposed amendment maihta(ns the internal consistency of the
General Plan;
(b) The proposed amendment would not be detrimental to the public
interest, health, safety,. convenience, or welfare of the City;
Page 8
Staff Report to the
Planning Commission
.June 12, 2006
Item No. 8
(c) The proposed amendment would maintain the balance of land uses
within the City; and
(d) If the amendment is to the General Plan Land Use Map, the subject
property is physically suitable to accommodate the,proposed
modification, including but not limited to access, physical constraints,
topography, provision of utilities, and compatibilitywith surrounding land
:uses.
(17) Before the Commission recommends approval of any specific. plan amendment, it
must make a finding of fact that the evidence presented shows that all of the
following conditions exist:
(a) .That the property proposed for the specific plan has unique site
characteristics such as topography„location or surroundings that are
enhanced by special land use and developmentstandards;
{b) That the specific plan Is consistent with the goals and policies of the
General Plan and with the purposes, standards and land use guidelines
therein;
(c) That the specific plan results in development of desirable character that
.will be compatible with existing and proposed development in the
surrounding neighborhood;
(d) That thespecific plan contributes to a balance of land uses throughout.
the City; and
(e) That the specific plan respects. environmental, aesthetic and historic
resources consistent with economic realities.
RECOMMENDATION:
(1 B) Staff recommends that unless additional or contrary information is received during
.the public hearing and, based upon its review and consideration of The Anaheim.
Resort Specific Plan No. 92-2 Amendment No. 7 -Anaheim Resort Residential
Overlay Initial Study and Mitigated Negative Declaration., the associated Updated
and Modified. Mitigation Monitoring Program No. 0085b and the evidence submitted
o the Piartning Commission, including the evidence presented in this Staff Report,
and oral and written evidence presented at the public hearing, the Commission
take the following actions:
(a) By motion, recommend that the City Council find and determine that the
Mitigated. Negative Declaration reflects the Citys i~dependentjudgment
and analysis, that the change from visitor-serving uses to residential uses
will not create an additional impact in and of itself, and that the. project, as
mitigated, will not have a significant effectbn the environment; approve the
`Mitigated Negativebeclaration and adopt Updated and Modified Mitigation
.Monitoring Program No. 0085b (Attachment A); and determine that the
Mitigated Negative Declaration and Updated and Modified Mitigation
Monitoring Program No. 0085b are adequate to serve as the required
Page 9
Staff Report to the
Planning Commission
June 12, 2006
Item No. 8
environmental documentation for the proposed project actions, and satisfy
alt the requirements of CEQA. ' .
(b) By resolution (Attachment B), recommend that the City Council adopt
-General Plan Amendment No. 2006-00442, amending the Land Use
Element of the General Plan, Table LU-4 "Genera.) Plan Density Provisions
`fior Specific Areas of the City" and the description of the Commercial
Recreation land use designation to allow residential uses in conjunction
with full-service hotels within targeted areas of the Anaheim Resort
Specific Plan area by adopting the attached resolution including the
findingsbontaihedtherein. '
(c) By resolution (Attachment C), recommend that the City Council aoorove
Amendmeht No. 7 to The Anaheim Resort Specific Plan No. 92-2, Zoning
and Development Standards to establish the ARR (Anaheim Resort
Residential) Overlay and standards for the development of residential uses
in conjunction with full-service hotels within two targeted areas of the
Anaheim Resort Specific Plan area..
.Page 10
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[II~IPAFTj ATTACHMENT B
RESOLUTION NO. PC2006-"'
A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF
GENERAL PLAN. AMENDMENT NO. 2006-OD442 PERTAINING TO THE LAND USE ELEMENT
(THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, ANAHEIM RESORT RESIDENTIAL OVERLAY)
WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No.
69R-644, showing the general description and extent of possible future development within the City; and
WHEREAS, on May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a
comprehensive update to the General Plan for the City of Anaheim; and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Code, the City of
Anaheim Planning Director initiated General Plan Amendment No. 2006-00442 and Amendment No. 7 to The
Anaheim Resort Specific Plan No. 92-2 (the "Project Actions"); and
WHEREAS, the proposed changes relate to the mix and allocation of land uses and zoning
standards in order to provide opportunities to develop residential units, when such units are integrated with fulf-
service hotels; and
WHEREAS,. General Plan Amendment No. 2006-00442 proposes to amend the Land Use
Element of the General Plan to modify "Table LU-4: General Plan Density Provisions for Specific Areas of the
City" to add .language relating to the Anaheim Resort Residential Overlay, which applies to focused areas of the
Specific Plan and provides opportunities for the incorporation of residential uses into hotel developments when
such uses are fully integrated into a minimum 300-room full-service hotel; and
WHEREAS, General Plan Amendment No. 2006-00442 also proposes to amend the Land Use
Element of the General Plan to modify the description of the Commercial Recreation land use designation to
note that in targeted areas within The Anaheim Resort, residential uses are allowed by conditional use permit
when such uses are fully integrated into a minimum 300-room full-service hotel; and
WHEREAS, the proposed modifications to Table LU-4 and the Commercial Recreation land use
designation description are shown in Exhibit "A" attached to this Resolution and incorporated herein by this
reference as if set forth in full; and
WHEREAS, Before the Commission recommends approval of any General Plan amendment, it
must make a finding of fact that the evidence presented shows that all of the following conditions exist:
(a) The proposed amendment maintains the internal consistency of the General Plan;
(b) The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the City;
(c) The proposed amendment would maintain the balance of land uses within the City; and
(d) If the amendment is to the General Plan Land Use Map, the subject property is physically
suitable to accommodate the proposed modification, including but not limited to access., physical constraints,
topography, provision of utilities, and compatibility with surrounding land uses; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic
Center,. Council Chamber, 200 South. Anaheim Boulevard, on June 12, 2005, at 2:30 p.m., notice of said public
-1- PC2006-
hearing having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, to hear and consider evidence for and against said General Plan Amendment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of, and based upon, all evidence and reports offered at said hearing,
DOES HEREBY FIND:
1. That the proposed amendment maintains the internal consistency of the General Plan, as the proposed
modifications to Table LU-4 and the Commercial Recreation land use designation description are consistent with
the goals and policies set forth in the Generat Plan for the Commercial Recreation land use designation and The
Anaheim Resort.
2. The proposed amendment would not be detrimental to the public interest, health,. safety, convenience,
or welfare of the City;
3. The proposed amendment would maintain the balance of land uses within the City; and
4. The General Plan Land Use .Land Use Map is unchanged, as the boundaries of the Commercial
Recreation Land Use Designation have not been modified.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed the Proposed Project Actions, and by motion did find and. determine and
recommend that the City Council. find and determine that the Mitigated Negative Declaration prepared for this
project reflects the City's independent judgment and analysis, that the change from visitor-serving uses to
residential uses will not create an additional impact in and of itself, and that the project, as mitigated, will not
have a significant effect on the environment; approve the Mitigated Negative Declaration and adopt Updated
and Modified Mitigation Monitoring Program No. 0085b; and determine that the Mitigated Negative Declaration
and Updated and Modified Mitigation Monitoring Program No. 0085b are adequate to serve as the required
environmental documentation for the proposed Project Actions, including the General Plan Amendment, and
satisfy all of the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim
Planning Commission does hereby recommend that the City Council of the City of Anaheim approve General
Plan Amendment No. 2006-00442 pertaining to Table LU-4 and the Commercial Recreation land use
designation description to reflect modifications to The Anaheim Resort Specific Plan No. 92-2, to include the
Anaheim Resort Residential Overlay, which provides opportunities to develop residential units, when. such units
are integrated with full-service hotels as set forth. in Exhibit "A" to this Resolution.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting. of June 12,
2006. Said resolution is subject to the appeal provisions set. forth in Chapter 18.60, "Procedures" of the
Anaheim. Municipal. Code pertaining to appeal. procedures..
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION.
-2- PC2006-
STATE OF CALIFORNtA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the
foregoing Yesolution was passed and adopted at a meeting of the Anaheim Planning Gommission held. on
June 12, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
3- PC2006-
Exhibit A
NOTE: Removed words are shown with strikeeut and new words are shown in bold italic.
TABLE LU-4: GENERAL PLAN DENSITY PROVISIONS FOR SPECIFIC AREAS OF THE CITY
Location General Plan Land Use Desi nations Permitted Densit
The Mountain Park Low Medium Hillside Density 465
Area Residential
(Up to 6 du/ac)
2,015
Low Mediurn Density Residential (Up to 2,500 dwelling units)
(Up to 16 du/ac)
Area "A"
(Parcel Map Low-Medium Density Residential Up to 140 dwelling units
94-205)
The Disneyland
Resort Specific Plan Commercial Recreation See Note No. 1 on next page.
SP92-1 Area
The Anaheim
Resort® Specific Commercial Recreation See Note No. 2 on next page.
Plan SP92-2 Area
Hotel Circle Specific Commercial Recreation The Hotel Circle Specific Plan allows for a
Plan (SP93-1) Area master planned hotel project including up to
' 969 hotel rooms and integrated guest
oriented amenities including full-service
restaurants, conference room/banquet
facilities, pool and spa areas, tour
bus/shuttle facilities, and pedestrian
promenades and plaza areas with
comprehensive landscaping.
The Platinum Mixed-Use Up to 9,500 dwelling units at densities up to
Triangle Area 100 dwelling units per acre; up to 3,265,000
s.f. of office development at maximum FAR
of 2.00; and, up to 2,254,400 s.f. of
commercial development at a maximum
FAR of 0.40.
Office High and Office Low Up to 1,735,000 s.f. of offioe development
at a maximum FAR of 2.0 for properties
designated Office-High and a maximum
FAR of 0.50 for properties designated
Office-Low.
The Stonegate Low Density Residential Up to 35 dwelling units
Development Area
-4- PC2006-
Note No. 1: The Disneyland Resort Specific Plan provides for the development of an approximate 489.7 acre international
multi-day vacation designation resort including ongoing modifica8ons to the Disneyland theme pant, the development of a
new theme park, additional hotels and entertainment areas, administrative office facilities, new public and private parking
facilities, and an internal transportation system.. This development is within five planning Districts (Theme Park, Hotel,
Parking, Future Expansion and Distdct A) and a C-R Overlay, which allows development within the Overlay to either be
consistent with the underlying Resort District or subject to the same land uses as in the Anaheim Resort Specfic Plan No.
92-2 Zone. The Disneyland Resort Specfic Plan also identifies maximum development density designations for hotel/motel
development in the Hotel District (up to 5,600 hotel rooms for the entire Distdct with up to 1,000 hotel rooms transferable to
the Theme Park District), in District A (the maximum number of units permitted would be 75 hotel/motel rooms per gross
acre or 75 hotel/motel rooms per parcel existing on June 29, 1993, whichever is greater) and the GR Overlay (lhe
maximum number of units permitted on a parcel would be the following: 1) for parcels designated Low Density - up to 50
hotel rooms per gross acre or 75 rooms, whichever is greater; and 2) for parcels designated Medium Density - up to 75
hotel rooms per gross acre or 75 rooms, whichever is greater; provided that for those parcels that are developed with
hoteUmotel rooms which exceeded the maximum density designation, the number of rooms exis8ng on the date of adoption
of The Disneyland Resort Specific Plan Ordinance may be rebuilt or modified at their existing density.) It should be noted
that accessory uses may be developed as well as other visitor-serving commercial/retail and restaurant uses along with
these hotel/motel uses. The Disneyland Resort Specific Plan also provides for the development of the Anaheim
GardenWalk project pursuant to the Anaheim GardenWalk Overlay at the following density and subject to the approval of
Conditional Use Permit No. 4078, as amended, to permit the following:: up to 569,750 square feet of specialty retail,
restaurants, and entertainment uses, including movie theaters; 1,628 hotel rooms/suites (including up to 500 vacation
ownership units) and 278,617 square feet of hotel accessory uses; a transportation center, and 4,800 parking spaces. The
Anaheim GardenWalk Overlay encompasses Distdct A and the portion of the Parking District (East Parking Area)/CR
Ovedav south of Disney Way.
Note No. 2: The Anaheim Resort Specific Plan provides for the development of approximately 54&5 582 acres within the
C-R (Commercial Recreation) District which allows for hotels, motels, convention and conference facilities, as well as
restaurants, retail shops and entertainment facilities; the PR (Public Recreation) District which encompasses the Anaheim
Convention Center and associated parking. facilities and provides for the orderly use of Clty-owned property as well as the
existing Anaheim Hilton Hotel; and; the Mobilehome Park (MHP) Overlay which encompasses existing mobilehome parks
within the GR District and provides development standards for mobilehome parks and regulations and procedures to
mitigate relocation concerns and adverse effects of displacement upon mobilehome owners when a park is converted to
another land use; and, the Anaheim Resort Residential Overlay, which applies to focused areas of the Specific Plan
and provides for the incorporation of residential uses Into hotel developments. when such uses are fully integrated
Into a minimum 30D-room. full-service hotel. The Anaheim Resort Specific Plan also Identifies maximum development
density designations. in the GR District. These designa0ons are based upon hotel/motel development and' allow up to 20%
of each hotel/motel project gross square footage, excluding parking facilities, to be developed with Integrated (i.e., included
within the main hotel/motel complex) accessory uses. These accessory uses will reduce the otherwise maximum permitted
hoteUmotei density at the rate of one hotel/motel room per six hundred (600) gross square feet of accessory use. For
properties proposed to be developed with permitted. and conditionally permitted uses other than hotels/motels with
accessory uses, the traffic generation charecterisOcs of said uses shall not exceed those associated with the otherwise
permitted hotellmotel (including accessory uses) density as determined by the City Traffic and Transportation: Manager prior
to Final Site Plan review and approval. The density designations are as follows: "Low Density," which has a maximum
density of up to 50 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater, °Low-Medium Density; up to
75 rooms per gross acre or 75 rooms per lot or parcel, whichever is greater, °Medium Density," up to 100 rooms per gross
acre or 75 rooms per lot or parcel, whichever is greater; and, "Convention Center (CC) Medium Density," up to 125 rooms
per gross acre with trip generation characteris8rs mitigated to the equivalent of 100 rooms per gross acre, or 75 rooms per
lot or parcel, whichever is greater. Far those parcels that are developed with hotel/motel rooms which exceed the maximum
density designa0on, the number of rooms existing on the date of adopfion of the Anaheim Resort Specific Plan Ordinance
may be rebuilt or modified at their existing density. For projects that are developed in accordance with the Anaheim
Resort Residential Overlay, the maximum number of dwelling units allowed shall be less than the number of hotel
rooms proposed and such projects shall not create Infrastructure Impacts greater than the subject property's
permitted hotel/motel density, as permitted by the property's underlying C-R District density designation unless
otherwise mitigated through subsequent environmental analysis.
-5- PC2006-
Commercial Recreation Designation Description
Commercial Recreation
The Commercial Recreation land use designation applies to The Anaheim Resort. The designation is intended
to provide for tourist and entertainment related industries, such as theme parks, hotels, tourist oriented retail,
movie theaters, and. other visitor-serving facilities. In addition, in targeted areas within The Anaheim Resort,
residential uses are allowed by conditional use permit when such uses are fully integrated into a
minimum 300-room full-service hotel. The Commercial Recreation designation is implemented by various
Specific Plan Zones in The Anaheim Resort, which further define the maximum development intensities within
this area
-6- PC2006-
[DRAYS ~'~ ATTACHMENT C
RESOLUTION. NO. PC2006-""
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION OF SPECIFIC
PLAN AMENDMENT NO. 7 TO THE ANAHEIM RESORT SPECIFIC
PLAN NO. 92-2, AMENDING ZONING AND DEVELOPMENT
STANDARDS SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE
ANAHEIM MUNICIPAL CODE.
WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific
Plan No. 92-2 on September 27, 1994, to provide a long range, comprehensive plan for future
development of approximately 549-acres within the Anaheim Resort. The Specific Plan includes zoning
and development standards, design guidelines and a public facilities plan, and permits the development
of hotellmotel, convention, retail and other visitor-serving uses; and
WHEREAS, pursuant to Chapters 18.68 and 18.72 of the Anaheim Municipal Cade, the
City of Anaheim Planning Director initiated General Plan Amendment No. 2006-00442 and Amendment
No. 7 to The Anaheim. Resort. Specific Plan No. 92-2 (the "Project Actions"); and
WHEREAS, in connection with the adoption of Specific Plan No. 92-2, the City Council
certified Environmental Impact Report No. 313, with a Statement of Findings and Facts and a Statement
of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending
Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2, Amendment No. 1, which
amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by
reclassifying and incorporating a 4.67-acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone;
and
WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan Nd. 92-2, a request
to amend the zoning and development standards to add. "Coffee House" as a conditionally permitted
accessory use in conjunction with an automobile service station,. was denied by the Planning Commission
on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26,
1999. City Council meeting; and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending
Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92-2, which
adjustment amended the Zoning and Development Standards. set forth in Chapter 18,48 of the Anaheim
Municipal Code relating to structural setbacks. and yard requirements to reflect the local street status of
Convention Way; and
WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 amending
Ordinance Nos. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which
amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by
reclassifying and incorporating a 0.73-acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone;
and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703
relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended
the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code
relating td the minimum landscape setback requirement for properties adjacent to Manchester Avenue
between Katella Avenue and the southern boundary of the Anaheim Resort Specific Plan Area;. and
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 relating to
Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning
and Development Standards set forth in Chapter 1.8.48 of the Anaheim Municipal Code relating. to
temporary parking requirements; and
Cr\PC2006- ~ PC2006-
WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending
Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2, which
adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim
Municipal Code relating to office uses in a legal non-conforming building; and
WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5922 amending
Ordinance No. 5453 relating to Amendment No. 5 (which also incorporates Amendment No. 4) to the
Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries
of the Anaheim Resort Specific plan by reclassifying and incorporating 27-acres into the Anaheim Resort
Specific Plan No. 92-2 Zone; and
WHEREAS, on February 8, 2005 the City Council adopted Ordinance No. 5954
amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Specific Plan No. 92-
2, which amendment modified the Zoning and Development Standards pertaining to the establishment of
mini-market/convenience markets as accessory uses in conjunction with a relocated service station and
prohibition of tow truck operations in conjunction with service station facilities; and
WHEREAS, the proposed Specific Plan Amendment No. 7 to the Anaheim Resort
Specific Plan No. 92-2 relates to modifications to the Zoning and Development Standards pertaining to
the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop
residential units in conjunction with high-quality, luxury hotels within targeted areas; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 12, 2006, 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 amendment and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Anaheim Planning Commission, after due consideration, inspection,
investigation and study made by itself and on its behalf, and after due consideration of all evidence and
reports offered at said hearing, does find and. determine the following facts:
1. That the proposed Anaheim Resort Specific Plan No. 92-2, Amendment No. 7 to
establish an overlay to provide the opportunity to develop residential units in conjunction with high-quality,
luxury hotels is proposed for targeted areas that have site characteristics that are enhanced by special
land use and. development standards,
2. That the proposed Specific Plan Amendment is consistent with the goals, objectives and
policies of the Anaheim General Plan, including the standards and. land use guidelines provided therein;
and, that it would encourage development of quality, full-service hotels which complement convention,
family entertainment and recreation in the community and enhance the City's position as a nationally
recognized tourist center; and
3. That the proposed Specific Plan Amendment would result in development of a desirable
character by permitting land. uses which are compatible with both the existing and proposed development
in the surrounding neighborhood; and, that future development pursuant to the ARR (Anaheim Resort
Residential) Overlay would be enhanced by the special land use and development standards set forth in
the Anaheim Resort Specific Plan No. 92-2 Zone; and
4, That the proposed Specific Plan Amendment contributes to a balance of land uses
throughout the City by introducing residential uses at the periphery of The Anaheim Resort and assisting
with the City's balance of jobs and housing, while continuing to ensure that high-quality full-service hotels
are developed in keeping with the character of The Anaheim Resort; and
5, That the proposed Specific Plan Amendment respects environmental,. aesthetic and
historic resources consistent with economic realities in that the ARR (Anaheim Resort Residential)
Overlay provides zoning and development standards for the Integration of residential units within high-
quality futi-service hotels, that are subject to the design guidelines of the Anaheim Resort Specific Plan
No. 92-2 and applicable mitigation measures contained within Mitigation Monitoring Program No. 0085b
associated with The Anaheim Resort. Specific Plan No. 92-2 Amendment No. 7 -Anaheim Resort
Residential Overlay Initial Study/Mitigated Negative Declaration and incorporated herein; and
6. That °°° indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject action.
WHEREAS, the proposed Amendment No. 7 to the Anaheim Resort Specific Plan
No. 92-2 Zoning and Development Standards are identified in the attached. draft ordinance and
incorporated herein.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Anaheim
Planning Commission has reviewed the Proposed Project Actions, and by motion did. find and determine
and recommend that the City Council find and determine that the Mitigated Negative Declaration reflects
the City's independent judgment and analysis, that the change from visitor-serving uses to residential
uses will not create an additional impact in and of itself, and that the project, as mitigated, will not have a
significant effect on the environment approve the Mitigated Negative Declaration and adopt Updated and
Modified Mitigation Monitoring Program No. 0085b; and determine that the Mitigated Negative Declaration
and Updated and Modified Mitigation Monitoring Program No. 0085b are adequate to serve as the
required environmental documentation: for the proposed Project Actions, including the General Plan
Amendment, and satisfy all of the requirements of CEQA.
NOW, THEREFORE, BE IT RESOLVED that,. pursuant to the above findings, the Anaheim
Planning Commission does hereby recommend that the City Council of the City of Anaheim approve
Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2 to revise the Anaheim Resort Specific
Plan No. 92-2 Zoning and Development Standards as set forth in Attachment A to this Resolution, which
attachment is hereby incorporated herein as though set forth in full.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 12, 2006. Said'resolution is subject to the appeal. provisions set forth in Chapter 18.60 "Procedures"
of the Anaheim Municipal Code pertaining to appeal. procedures and may be replaced by a City Council
Resolution in the event of an appeal.
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 June 12, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
a
~~~I~TI Attachment A
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING SPECIFIC PLAN AMENDMENT NO.
7 TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2,
AMENDING ORDINANCE NO. 5453, AS PREVIOUSLY
AMENDED, AND AMENDING ZONING AND
DEVELOPMENT STANDARDS SET FORTH IN CHAPTER
18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE.
WHEREAS, pursuant to the procedures set forth in Chapter 18.93 of the Anaheim
Municipal Code, on September 27, 1994, the City Counci] of the City of Anaheim adopted
Ordinance No. 5454 amending the zoning map to reclassify certain real property described
therein into the Anaheim Resort Specific Plan No. 92-2 zone subject to certain conditions as
specified therein, and Ordinance No. 5453 relating to establishment of Zoning and Development
Standazds for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 to
said Code; and
WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599
amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2,
Amendment No. 1, which amendment revised the legal. description and boundaries of the
Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67-acre pazcel into the
Anaheim Resort Specific Plan No. 92-2 Zone; and
WHEREAS,. Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, a
request to amend the zoning and development standards to add "Coffee House" as a
conditionally permitted accessory use in conjunction with an automobile service station, was
denied by the Planning Commission on October 12, 1998 and the petition was subsequently
withdrawn by the applicant at the January 26,.1999 City Council meeting; and
WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685
amending Ordinance No. 5453 relating to Adjustment No. 1 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in
Chapter 18.48 of the Anaheim Municipal Code .relating to structural setbacks and yazd
requirements to reflect the local street status of Convention Way; and
WHEREAS, on July 27, 1.999, the City Council adopted Ordinance No. 5964
amending Ordinance Nos. 5453 relating to Amendment No. 3 to the Anaheim Resort Specific
Plan No. 92-2, which amendment revised the legal description and boundaries of the Anaheim
Resort Specific Plan by reclassifying and incorporating a 0.73-acre parcel into the Anaheim
Resort Specific Plan No. 92-2 Zone; and
WHEREAS, on September 21, 1999, the City Council adopted Ordinance No.
5703 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92-2, which
adjustment amended the Zoning and Development Standazds set forth in Chapter 18.48 of the
Anaheim Municipal Code relating to the minimum landscape setback requirement for properties
adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the
Anaheim Resort Specific Plan Area; and
Cr\PC2006- s PC2006-
WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769
relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment
amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim
Municipal Code relating to temporary pazking requirements;. and
WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910
amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan
No. 92-2, which adjustment amended the Zoning and Development Standards set forth in
Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non-conforming
building; and
WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5922
amending Ordinance No. 5453 relating to Amendment No. 5 (which also incorporates
Amendment No. 4) to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the
legal description and boundaries of the Anaheim Resort Specific plan by reclassifying and
incorporating 27-acres into the Anaheim Resort Specific Plan No. 92-2 Zone; and
WHEREAS, on February 8, 2005 the City Council adopted Ordinance No. 5954
amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Specific
Plan No. 92-2, which amendment modified the Zoning and Development Standazds pertaining to
the establishment of mini-mazket/convenience markets as accessory uses in conjunction with a
relocated service station and prohibition of tow truck operations in conjunction with service
station facilities; and
WHEREAS, the proposed amendment relates to modifications to the Zoning and
Development Standards pertaining to the establishment of an ARR (Anaheim Resort Residential)
Overlay to provide the opportunity to develop residential units in conjunction with high-quality,
luxury hotels within tazgeted areas; and
WHEREAS, on June 12, 2006 the Anaheim City Planning Commission.
considered the proposed Amendment No. 7 and recommended to the City Council that it adopt
an ordinance incorporating said proposed amendment; and
NOW, THEREFORE, THE CTTY COUNCIL OF THE CITY OF ANAHEIM
DOES ORDAIN THAT ORDINANCE NO. 5453 BE, AND THE SAME IS HEREBY,
AMENDED TO REVISE THE ZONING AND DEVELOPMENT STANDARDS IN
CHAPTER 18.116 OF THE ANAHEIM MUNICIPAL CODE AS FOLLOWS:
SECTION 1.
That Section .050 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code
be, and the same is hereby, amended to read as follows:
18.116.050 DEVELOPMENT AREAS.
The Specific Plan area encompasses two land use districts and as two Overlay Zones as
set forth below:
.010 Commercial Recreation (C-R) District -Identified as Development Area 1 on
Exhibit 3.3.1a of the Specific Plan document entitled "Development Plan". Development
density areas for this district aze set forth in Section 18.116.060 (Development Density Areas -
C-R District). Development regulations for this district aze set forth in Sections 18.116.070
(Uses - C-R District}
.020 Public Recreafion (PR) District -Identified as Development Area 2 on Exhibit
3.3.1a of the Specific Plan document entitled "Development Plan." Development Regulations for
this district aze set forth in Section 18.116.110 (Land Use and Site Development Standards -
Public Recreation (PR) District (Development Area 2).
.030 Mobilehome Pazk (MIS) Overlay - MHP Overlay boundaries are identified on
Exhibit 3.3.2a of the Specific Plan Document entitled "Mobilehome Park (MI-IP) Overlay Zone."
Development Regulations for the MHP Overlay aze set forth in Section 18.116.120 (Mobilehome
Pazk (MI-IP) Overlay).
.040 Anaheim Resort Residential (ARR) Overlay - ARR Overlay boundaries are
identified in Section 18.116.095.030. Development regulations for the ARR Overlay are set
forth in Section 18.116.095 (Anaheim Resort Residential (ARR) Overlay).
SECTION 2.
That Section .OS of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be
added, and the same is hereby, amended to read as follows:
18.116.095 ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY
.010 Purpose. The purpose of the ARR Overlay is to provide the opportunity to
develop residential units in conjunction with high-quality, luxury hotels.
.020 Approval. Projects that are developed according to the standards of the
ARR Overlay require approval of a final site plan and a conditional use permit as provided
for in Section 18.116.040 and may require a development agreement as determined by the
Planning Director and processed according to the procedures set forth in Resolution No.
82R-565 (Procedures Resolution) adopted by the City of Anaheim pursuant to Section
65865 of the Development Agreement statute.
.030 Location. The residential overlay boundaries are identified on Attachment A
to Ordinance adopted on , 2006 (Amendment No. 'n and include those areas
within the C-R District located east of Anaheim Boulevard/FIaster Street and those areas
within the C-R District located south of Wilken Way.
.040. Option to Use Underlying. Zone.. The provisions of this section shall not apply
to parcels that have been or are proposed to be developed entirely pursuant to the
underlying C-R District, provided that all requirements of the underlying District are met
by the project except as specifically approved otherwise by variance or other official action
by the City.
.050 Residential Zone. The ARR Overlay shall not be considered a residential
zone, where such designation requires properties that develop adjacent to residential zones
to meet additional setback and height restrictions.
.060 Uses. Projects developed pursuant to the ARR Overlay shall include a
minimum three hundred (300) room full-service hotel that complies with California Civil'
Code Section 1940(b)(2); and may include any of the uses permitted or conditionally
permitted in the underlying C-R District. In addition, projects may include residential uses
as accessory to the hotel
.070 Development Standards. All development standards established for the C-R
District shall be applicable. to the ARR Overlay. Additional requirements are as follows:
.0701 New Construction. The Residential Overlay shall apply to new
construction only and not to projects that are renovations or remodels. The conversion of
existing hotels rooms to dwelling units is prohibited.
.0702 Integration of Uses. All residential units shall be physically integrated
into a hotel development as defined in Section 18.116.095.060.
.0703 Maximum Number of Residential Units. The project's total number
of residential units shall not exceed the proposed development's total number of hotel
rooms.
.0704 Location of Residential Units. Adjacent to the public right-of--way,
residential units shall be located at least two floors or twenty-five (25) feet above ground-
level.
.0705 Infrastructure and Service Impacts. The proposed development shall
not result in infrastructure impacts greater than those associated with .the subject
property's permitted hotellmotel density, as allowed by the property's underlying C-R
District density designation, unless such impacts are duly analyzed and mitigated pursuant
to subsequent environmental review. Such impacts shall be determined through a sewer
and traffic impact analysis to be submitted to the City Engineer. Additional infrastructure
studies may be required as determined by the Planning Director.
.0706 Parking. Due to variations in parking. demand and the needs of each
project, vehicle parking requirements, the demand for drop-off and pick-up locations and
the design of the parking areas, including ingress and egress, shall be determined as part of
the final site plan review based upon information contained in a parking demand study
prepared by an independent traffic engineer, as approved by the. City of Anaheim. The
parking. demand study shall be prepared at the property owner/developer's expense and
provided as part of the final site plan application. Parking spaces specifically designated
for- non-residential and residential uses shall be marked by the use of posting, pavement
markings, and/or physical separation. Parking design shall incorporate separate entrances
and exits ar a designated lane for residents.
.0707 Floor Area. The minimum floor area for residential units is shown in
Table 116-d (Minimum Floor Area: Anaheim Resort Residential (ARR) Overlay Zone).
For purposes of this section, a "bedroom" is a private habitable room planned or used for
B
sleeping, separated from other rooms by a door or a similar partition. Further,. all rooms
(other than a living room, family room, dining room, bathroom, hall, lobby, closet, or
pantry) having seventy (70) square fleet or more of floor area, or less than fifty percent
(50%) of the total length off any wall open to an adjacent room or hallway, shall be
considered a "bedroom."
Table 20 A
MINIMUM FLOOR AREA:
ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY ZONE
Minimum Floor Area
Studio units: 600 square feet. The number of studio units shall not exceed. 20% of the
total number of residential units
One-bedroom units: 700 square feet
Two-bedroom units: 825 square feet
Three-bedroom units: 1,000 square feet
More than three- 1,000 square feet plus 200 square feet for each bedroom over three
bedroom units:
.0708 Minimum Landscape and Recreational-Leisure Areas. In addition to
the minimum landscape and .open space required by Section 18.116.070.120.1207, two
hundred (200) square feet of recreational-leisure area shall be provided for each dwelling
unit. This recreational-leisure area may be provided in private areas, common areas, or a
combination of both.
.Ol Common Recreational-Leisure Areas. All common
recreational-leisure areas shall be conveniently located. and readily accessible from all
residential units located on the building site and shall be integrated with and contiguous to
other common areas on the building. site.
(a} The common recreational-leisure areas shall not include
any required setback areas, any driveways or parking. areas, trash pickup or storage areas
or utility areas.
(b) The common recreational-leisure area. shall have a
minimum dimension of ten (10) feet.
(c) `Courtyards internal to a project or enclosed on at least
three (3) sides shall have a minimum width of forty (40) feet and shall be landscaped with a
ratio of hardscape to planting of no less than one (1) square foot of landscape to one (1)
square foot of hardscape. Pools and spas shall be excluded from the calculation of this
ratio.
(d} The base of a building shall be separated from adjacent
common recreational-leisure area by a planter allowing a minimum thirty (30) inches
planting width.
_..
.02 Private Recreational-Leisure Areas. In order for private patios
and balconies to count toward the Recreational-Leisure Area requirement, they shall not
be less than seventy (70) square feet in area, with a minimum dimension of seven (7) feet;.
however, private balconies for residential units located in buildings that are eight (8) stories
9
or higher shall not be less than thirty-five (35) square feet in area, with a minimum
dimension of five (5) feet.
.0709 Loading Areas. Residential uses shall have one (1) off-street loading
space or moving plaza for every one hundred and fifty (150) units. Loading spaces or
moving plazas shall be located near entries and/or elevators and shall be incorporated into
the design of vehicular access areas. Decorative paving,. removable bollards and potted
plants are permitted and encouraged to enhance loading spaces or moving plazas.
.0710 Refuse Storage Facilities. Refuse Storage Facilities for residential and
non-residential users shall be maintained as separate facilities and shall not allow
commingling of the separate facilities.
.0711 Private Storage Facilities. General storage cabinets with a minimum
size of one hundred (100) cubic feet capacity shall be required for each residential unit.
Provision of said storage areas shall be in addition to the minimum floor area of the unit.
Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's
balcony or patio or in close proximity to the dwelling unit.
..0712 Security. Residential units shall be designed to ensure the security of
residents through the provision of secured access points lobbies, entrances and exits that
are separate from the non-residential uses and are directly accessible to residential parking
areas.
.0713 Restriction on Activities. Commercial .uses shall be designed and
operated, and hours of operation limited, so that .residents. are not exposed to offensive
noise, especially from traffic, trash collection, routine deliveries or late night activity. No
use shall produce continual loading or unloading of heavy trucks at the site between the
hours of 8 p.m. and 6 a.m.
.0714 Vibrations and Odors. No use, activity or process shall produce
continual vibrations or noxious odors that are perceptible without instruments by the
average person at the property lines of the site or within the interior of residential units or
recreational-leisure areas on the site.
.0715 Lighting. Outdoor lighting associated with commercial uses shall not
adversely impact residential uses, but shall provide sufficient illumination for access and
security purposes. Such lighting shall not blink, flash, or oscillate.
.071.6 Windows. Residential windows shall not directly face loading areas
and docks. To the extent windows of residential units face each other or hotel rooms, the
windows shall be designed and/or oriented to maximize privacy.
SECTION 3. PENALTY.
__.. .
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
io
SECTION 4. SEVERABILITY
The City Council of the City of Anaheim declares that should any section,
pazagraph, sentence or word of this ordinance hereby adopted be declazed for any reason to be
invalid, it is the intent of the Council this it would have passed all other portions of this
ordinance independent of the elimination herefrom of any such. portion as may be declazed
invalid.
SECTION 5. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal or amendment of any other
ordinance of this City shall in any manner affect the prosecution for violations of ordinances,
which violations were committed prior to the effective date thereof, nor be construed as a waiver
of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The
provisions of the ordinance, insofaz as they aze substantially the same as ordinance provisions
previously adopted by the City relating to the same subject matter, shall be construed as
restatements and continuations,. and not as new enactments.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
City Council of the City of Anaheim held on the day of , 2006, and
thereafter passed and adopted at a regular meeting of said City Council held on the day of
2006, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CTfY OF ANAHEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CPTI' OF ANAHEIM
Attachment A
u