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PC 2006/10/02na i nin i~si n a Monday, ®ctober 2, 2006 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Gail. Eastman • Chairman Pro-Tempore: Kelly Buffa Commissioners: Stephen Faessel, Cecilia Flores, 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 October 2, 2006 agenda • Workshop 1:30 P.nA. • Proposed Historic Palm District • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:30 P.DA. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Mearing Items • Adjournment -- -- You may leave a message for the Planning Commission using the following e-mail address: planningcommission(a~anaheim.net H:\docs\clerical\agendas\100206.doc 10/02/06 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 call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the. public request the item to be discussed and/or removed from the Consent Calendar for separate action. Minutes 1A. Receiving and approving the Minutes from the Planning Commission Meeting of September 6, 2006. (Motion) Continued from the September 18, 2006 Planning Commission meeting.. 1B. Receiving and approving the Minutes from the Planning Commission Meeting of September 18, 2006 (Motion) H:ldocs\clerical\agendas\100206.doc 10/02/06 Page 2 Pub4ic Hearing Items: 2a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 280 (PREVIOUSLY CERTIFIED) 2b. AMENDMENT NO. 4 TO THE PACIFICENTER SPECIFIC 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: 361-0-3720 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, June 12, July 24, and August 21, 2006, Planning Commission meetings. Specific Plan Resolution No. 3a. 3b. 3c. Owner: Lennar Platinum Triangle, LLC, 25 Enterprise, 3rd Floor, Aliso Viejo, CA 92656-2601 Agent: Tim Smallwood, Lennar Platinum Triangle, 1900 Main Street., Suite 800, Irvine, CA 92614 Location: 1404 East Katella Avenue: Property is an approximately 2.6- acres development area within an approximate 40.6-acre property located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane. Approximately 6.3 acres are located within the Platinum Triangle,. Gene Autry District, and 34.4 acres within the Platinum Triangle, Katella District (Development Area A). Request: Conditional Use Permit No. 2006-05116 -Request to modify setback requirements to construct a 157-unit, mixed use project for Development Area A - Lennar's A-Town. Final Site Plan No. 2006-00005 - Request review and approval of a final site plan fora 157-unit, mixed use development for Development Area A - Lennar's A-Town within the Platinum Triangle Mixed Use zone. Continued from the August 7, 2006, Planning Commission meeting. Conditional Use Permit Resolution No. H:1d o cs\cl erica I\ag a nd as\ 100206. doc Project Planner: (dherrick@anaheim. nett Request for Continuance to December 11, 2006 Project Planner. (t white@anaheim. net) 10/02106 Page 3 4a. 4b. 4c. Owner: Lennar Platinum Triangle, LLC, 25 Enterprise, 3rd Floor, Aliso Viejo, CA 92656-2601 Agent: Tim Smallwood, Lennar Platinum Triangle, 1900 Main Street, Suite 800, Irvine, CA 92614 Location: 1404 East Katella Avenue: Property is an approximately 3.7- acres development area within an approximate 40.6-acre property located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane. Approximately 6.3 acres are located within the Platinum Triangle, Gene Autry District, and 34.4 acres within the Platinum Triangle, Katella District (Development Area C}. Request: Conditional Use Permit No. 2006-05117 -Request to modify setback requirements to construct a 167-unit, mixed use project for Development Area C - Lennar's A-Town. Final Site Plan No. 2006.00006 - Request review and approval of a final site plan fora 167-unit, mixed use development for Development Area C - Lennar's A-Town within the Platinum Triangle Mixed: Use zone. Continued from the August 7, 2006, Planning Commission meeting. Conditional Use Permit Resolution No. 5a. CEQA NEGATIVE DECLARATION 5b. CONDITIONAL USE PERMIT NO. 2006-05111 (READVERTISED) Owner:. BKM Anaheim Associates, 3185 Pullman Avenue, Costa Mesa, CA 92626 Agent: Aspen Associates Telecom, 1223 Federal Avenue, # 212, Los Angeles, CA 90025 Location: 1299 North Patt Street: Property is approximately 0.28- acre and is a land locked parcel with a maximum depth of 190 feet located. west of a parcel with 200 feet of frontage on the west side of Patt Street, 37 feet south of the centerline of Commercial Street. Request to construct a stealth ground-mounted telecommunications facility with accessory ground-mounted equipment. to accommodate two carriers in an industrial office park. Continued from the August 21,.2006, Planning Commission meeting Conditional Use Permit Resolution No. H:\docs\clerica I\agend a s\ 100206.doc Request for Withdrawal Project Planner: (fwhiteQanaheim.nel) Project Planner (kwong2Qanaheim.nel) 10/02/06 Page 4 6a. CEQA NEGATIVE DECLARATION (READVERTISED) 6b. RECLASSIFICATION NO. 2006-00179 6c. WAIVER OF CODE REQUIREMENT 6d. CONDITIONAL USE PERMIT NO. 2006-05109 6e. TENTATIVE TRACT MAP NO. 16943 (READVERTISED) Owner: La Palma. Real Estate, LLC, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660 Agent: T & B Planning Consultants, 17542 East 17~h Street, Suite 100, Tustin, CA 92780 Location: 3530 - 3540 East La Palma Avenue and 1010 -1040 North Grove Street: Property is approximately 5.2 acres, having frontages of 410 feet on the south side of La Palma Avenue and is located 270 feet east of the centerline of Grove Street Reclassification No. 2006-00179 -Request reclassification from the SP 94-1, D.A. 4 (Northeast Area Specific Plan 94-1, Transit Core Area) zone to the SP 94-1, D.A. 4 (MU) (Northeast Area Specific Plan 94-1, Transit Core Area; Mixed Use Overlay) zone to construct 312 single family attached condominium units. Conditional Use Permit No. 2006-05109 -Request to construct a 312 unit, single family attached condominium project with 39 live/work units with waivers of (a) improvement of private street, (b) sound attenuation for residential developments, and (c) maximum wall height. Tentative Tract Map No. 16943 - To establish a 312 unit airspace attached single family residential condominium subdivision. Reclassification Resolution No. Project Planner (dseeQanaheim.net) Conditional Use Permtt Resolution No. H:\docs\clerical\agendas\100206.doc 10/02/06 Page 5 7a. 7b. Owner: Living Stream Ministry, 2431 West La Palma Avenue, Anaheim, CA 92801 Living Stream Ministry, 1212 Hubbell Way, Anaheim., CA 92801 Agent: John Pester, Living Stream Ministry, 2431 West La Palma Avenue, CA 92801 Location: 2411-2461 West La Palma Avenue and 1212 North Hubbell WaV: Property is approximately 40.4 acres and is located at the northwest corner of La Palma Avenue and Gilbert Street and at the northern termini of Hubbell Way and Electric Way, having frontages of 800 feet on the north side of La Palma Avenue, 815 feet on the west side of Gilbert Street, 68 feet at the northern terminus of Hubbell Way, and 59 feet at the northern terminus of Electric Way. Request to permit and retain a teleconferencing center and private conferenceltraining center. 'Advertised as CEQA Mitigated Negative Declaration. Conditional Use Permit Resolution No. 8a. CEQA NEGATIVE DECLARATION Sb. WAIVER OF CODE REQUIREMENT 8c. CONDITIONAL USE PERMIT N0.2006.05128 Owner: C Invest LLC, 4999 East La Palma Avenue, Anaheim, CA 92807 Agent: Robert Otis, Breath of the Spirit Ministries International, P.O. Box 2676, Orange, CA 92857 Location: 4999 East La Palma Avenue: Property is approximately 3.13 acres, having frontages of 319 feet on the north side of La Palma Avenue and is located 610 feet east of the centerline of Manassero Street. Request to permit a church within an existing industrial building with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. H:\d ocs\clerica I\ag end as\ 100206. d oc Project Planner: Qpramin=zQanaheim.oet) Project Planner. (dherrickQanaheim.oet) 10/02/06 Page 6 9a. CEQA EXEMPTION 15061 (81131 9b. ZONING CODE AMENDMENT NO. 2006-00051 Agent: City Initiated, 200 South Anaheim Boulevard, Anaheim, CA 92805 Location: Citywide: Request to amend Chapter 4.04 and 18.44 of the Anaheim Municipal Code to prohibit billboards in the City. ' Advertised as "Request to amend provisions. of Title 18 of the Anaheim Municipal Code relating to signs and billboards including prahibiling billboards " Project Planner: (skim@anaheim.nef) Adjourn To Monday, October 16, 2006 at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\100206.doc 10102/06 Page 7 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. September 28, 2006 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND ff COUNCIL DISPLAY KI SK SIGNED: ~; H' ~(~ ; ~ C. ~ C(. . 1 If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising. only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall. be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM 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 1.0:00 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. H:\dots\clerical\agendas\100206.doc 10/02/06 Page 8 SCHEDULE coos 16 October 30 November 13 II November 27 II II December 11 II 27 H:ldots\clerical\agendas1100206.doc 10/02/06 Page 9 Specific Plane No. 88-3 TRACKING NO. SPN2006-00034 LA PALMA AVENUE RIVERSIDE FREEWAY Requested By: TUSTIN RETAIL CENTER, LLC EAGLE pR SP 94-t RCL 6&fi6 (Res pF lnlenti /~ RCL fi5-66~ //~/ \\\\1 T-CUP 2003-[ CUP 402 \CUP 216' ^' Subject Property Date: October 2, 2006 Scale: Graphic Q.S. No. 150 361D-3720 East La Palma Avenue and 1001-1091 North Tustin Avenue (The Pacificenter Specific Plan 88-3) too53 ALL PROPERTIES ARE IN THE MERGED REDEVELOPMENT PROJECT AREA (NORTHEAST AREA) Specific Plan No. 88-3 TRACKING NO. SPN20D6-00034 Requested By: TUSTIN RETAIL CENTER, LLC Subject Properly Date: October 2, 2006 Scale: Graphic Q.S. No. 150 3610-3720 East La Palma Avenue and 1001-1091 North Tustin Avenue (The Pacificenter Specific Plan 88-3) too53 ALL PROPERTIES ARE IN THE MERGED REDEVELOPMENT PROJECT AREA (NORTHEAST AREA) Date ofneria~ Photo: Julv 2005 .`Staff Report to the Planning Commission October 2, 2D06 Item No. 2 2a. CEQA ENVIRONMENTALiMPACT REPORT NO. 280 r(PREVIOUSLY CERTIFIED) (Motion) 2b. AMENDMENT N0.4 TO THE PACIFICENTER SPECIFIC - (Recommendation Resolution PLAN NO. 88-3 and Request for Withdrawal) .(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 Avenueand 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. s88-3 to modify the zonlhg and development standards pertaining to signage and hotel occupancy limitations BACKGROUND: (3) :This item was continued from the May31, 2006, June 12,`2006, July 24, 2006 and August 21, 2006, Commission meetings to allow the applicant and staff time to review otherpptions for monument signage. (4) This property is developed with amixed-use commercial center, a home improvement retail store, offices, a 150-room hotel, 4wo drive-through Yestaurants and supporting commercial `uses. The Anaheim GenerakPlan designates this property°arid the`property to the east for '--'GeneraLCommerciaf land useszThe properties to thenorth and west are designated as Mixed Use land uses. To the south is the SR-91 (Riverside) Freeway. (5) ::The applicant, Richard Christie President of Promotional Signs, has submitted the attached letter dated, September 74, 2006, .requesting a withdrawal of the portion of this request relating to signage as the owners of the property are no longer interested in pursuing the amendment for additional monument signage. (6) Apart of this request includes aCity-initiated request to modify the hotel occupancy limitations cohtained in the Pacificenter Specific Plan.-On March 25, 2003, the City Council <' amended Council Policy No: 550 (attached) which states that "It is the policy of the City Council that no zoning entitlement for any hotel nor motel shall be approved, and no .existing zoning entitlement. for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time:' In order for the specific plan to be :consistent with Council Policy No. 550, the following condition found in Appendix 11, Hotel Conditions of the Pacificenter Specific Plan, should be deleted: "11. That hotel guest rooms shall not be rented or let for periods of less than twelve (12) consecutive hours nor more than thirty (30) consecutive days, excluding one (1) manager's unit" _ SPN2006-00034sr 1 Staff Report to the Planning Commission -0ctober 2, 2006 Item No. 2 (7) Staff is recommending that this requestpe withdrawn in part, accepting the applicant's request to withdraw the portion of the amendment pertaining to monument signage and recommending City Council approval pf the deletion of the hotel occupancy. FINDINGS: (8) ..Before the Commission. grants any specific plan amendmeht, 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 development standards; (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; and, (d) That the specific plan respects environmental, aesthetic and historic resources consistent with economic realities... RECOMMENDATION: (9) Staff recommends Ghat unless additionalpr contrary information is received during the > public hearing and, including the evidence presented in this staff repbrt, and.oral and written evidence presented at the public hearing, the. Planning Commission take the following actions:: (a) By motion, determine that that the previously-certified EIR Np. 280 is adequate to serve as the required environmental documentation for his request. (b) By resolution. recommend to the City Council approval of Amendment No. 4 to the PacifiCenter Specific Plan No. 88-3 in Dart. to approve the deletion of hotel :occupancy limitations and accept the applicant's request to withdraw the request to amend the zoning and development standards to allow an additional monument sign by adopting the attached resplutiomincluding the findings contained therein. 2 [DRAFT] RESOLUTION NO. PC2006-"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION, IN PART, AMENDMENT NO. 4 TO THE PACIFICENTER SPECIFIC PLAN 88-3 ORDINANCE NO. 5278. WHEREAS, On July 25, 1989, the City Council, by Ordinance Nos. 5045 (to implement the Zoning and Development Standards), approved the Pacificenter Specific Plan permitting amixed-use commercial development including 500,000 square feet of office area, 24,000 square feet of retail commercial area, 4,000 square feet of drive-through restaurant area, a 150-room hotel, an 8,000 square foot restaurant and three parking structures within three Development Areas on 25.71 acres; and WHEREAS, on July 25, 1989, the City Council further adopted Ordinance No. 5046 relating to reclassification of certain real property described therein into the Specific Plan 88-3 Zone subject to certain conditions as specified therein; and WHEREAS, on March 5, 1991, the City Council, by Ordinance No. 5207 (amending the Zoning and Development Standards as adopted under Ordinance No. 5045), approved Amendment No. 1 of the Pacificenter Specific Plan to allow a warehouse building and an indoor physical recreation facility as a permitted use within Development Area 1; and WHEREAS, on December 10, 1991, the City Council, by Ordinance Nos. 5277 (amending the Zoning and Development Standards adopted under Ordinance Nos. 5045 and 5207) and 5278 (amending the Specific Plan SP88-3 Zone name from Santa Fe Pacific Plaza to Pacificenter as adopted under Ordinance No. 5046),. approved Amendment Nc. 2 of the Pacificenter Specific Plan to expand the list of permitted and conditionally permitted uses within Development Area 2 and amending the Sign Program to permit a 44-foot high pylon sign and a 96 square fgot freestanding monument sign for the drive-through. restaurant; and WHEREAS, on August 24, 1999, the City Council, by Ordinance No. 5695, approved Amendment No. 3 to the Pacificenter Specific Pian No. 88-3 (amending Exhibit Nos. 4 and 6, Development Area standards,. the listed permitted and conditionally permitted uses, and the Sign Program Appendix) and a Final Site Plan in order to create a single, unified Development Area for the development of a mixed-use commercial center within the Specific Plan, including the development of retail, office, hotel and other supporting uses; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chambers, 200 South Anaheim Boulevard, in the City of Anaheim on May 31, 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 and 18.72, to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; whereas the meeting was continued from the May 31, June 12, July 24, and August 21, 2006, Commission meetings 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 Amendment No. 4 pertaining to the deletion of the length of occupancy for the existing hotel is consistent with"the goals, objectives. and policies of the Anaheim General Plan, including the standards and land use guidelines provided therein; and 2. That the proposed amendment pertaining to the deletion of the length of occupancy for the existing hotel would. provide for consistency with Council Policy No. 550 pertaining to hotel occupancy; and Cr\PC2006- -1- PC2006- 3. That the proposed amendment pertaining to an additional monument sign has been withdrawn by the applicant. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDINGS: That the Anaheim City Planning Commission has reviewed the proposal., and did find and. determine and recommend that the Planning Commission find and determine, pursuant. to the provisions of the California Environmental Quality Act (CEQA), based upon its independent review and consideration of the previously-certified Final. EIR No. 280 and the evidence received at the public hearing, that the previously-certified EIR No. 280 is in compliance with CEQA and the State and City CEQA Guidelines and is adequate to serve as the required environmental documentation for this Amendment to the Pacificenter Specific Plan and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Amendment. 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. 4 to the Pacific Center Specific Plan in part, denying the proposed amendment pertaining to freestanding signage and approving the amendment pertaining to length of occupancy as follows: Amend Appendix No. 11 hotel conditions to delete as follows: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 2, 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. ATTEST: SENIOR SECRETARY, ANAHEIM PLANNJNG CC STATE OF CALIFORN+A ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) CHAIRMAN, ANAHEIM PLANNING COMMISSION MISSION I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed. and adopted at a meeting of the Anaheim City Planning Commission held on October 2, 2006,. by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS W HEREOF, I have hereunto set my hand this day of 2006. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2006- PAGE 02/02 Attachment -Item No. 2 September 14, 2006 Della Tierrick, Planning YDept. CITY OF ANAHEIM 200 S. Anaheim Slvd. - Anaheim, CA 92805 RE: Case Number: SPN88-3 Deaf Ms. Herrick;. We are officially withdrawing our application for this project. The owners are not interested in pursuing this sign application. Please close out the account. We were told that the total would be $4,700.00, which has been paid. cerely, Richard Christie President RC/mc °q Full Service Elecfricol 3 Commerciol Sign Company? Attachment -Item No. 2 RESOLUTION N0.2003R- 51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADOPTING A POLICY PROHIBTTING THE IMPOSITION OF ANY SPECIFIC TIME LIIvIITATION ON THE LENGTH OF GUEST OCCUPANCY IN A HOTEL OR MOTEL AND RESCINDING ANY SUCH LIMTfATION HERETOFORE IMPOSED IN ANY ZONING ENTITLEMENT. WHEREAS, in a limited number of instances and under certain circumstances, the City Council or City Planning Commission has heretofore approved new zoning entitlements, or amended existing zoning entitlements, for certain hotels or motels to include conditions limiting the permitted length of guest occupancy in such hotels or motels [o a maximum of thirty days within any ninety day period, or other similar specific time limitation (the "Occupancy Limitation"); and WHEREAS, said Occupancy Limitation has heretofore been imposed as a condition of approval in the following zoning entitlements currently in effect: Conditional Use Permits Nos. 244 and 564 authorizing a 52-unit motel on the .property located at 1800 West Lincoln Avenue, Anaheim, California (Executive Suites Mutely. Conditional Use Permit No. 3928 authorizing a 45-unit motel on the property located at 420 South Beach Boulevard, Anaheim, Califomia (Best Budget Mote]). Variance No. 1229 authorizing a 70-unit motel on .the property located at 823 South Beach Boulevard, Anaheim., Califomia (Covered Wagon Motel). (hereinafter collectively referred to as the "Existing Entitlements"); and WHEREAS, the stated purpose of such Occupancy Limitation was as expressly stated in each of said Existing Entitlements; and WHEREAS, upon further review, the City Council has determined that such occupancy limitation is no longer necessary as a means to accomplish the stated purpose for which such limitation was originally imposed; and WHEREAS, the City Council desires, as aCity-wide policy determination, to rescind any such Occupancy Limitation heretofore imposed, including any such limitation curen[ly contained in,any of the Existing Entitlements;. and WI3EREAS, the City Council further desires to prohibit the imposition of such Occupancy Limitation as a required condition of any future zoning entitlement. NOW, THEREFORE, BE TT RESOLVED by the City Council of the City of Anaheim as follows: That any Occupancy Limitation heretofore imposed in any conditional. use permit, zone variance, or other permit or entitlement which is otherwise currently in effect, including any such Occupancy Limitation contained in anyof the Existing Entitlements, is hereby rescinded and of no further force and effect. The Planning Commission is hereby directed to initiate such amendments to the Existing Entitlements as may be necessary to conform the Existing Entitlements. to the provisions of this resolution. Section 2. That new Council Policy No. 550 be, and the same is hereby adapted, to read as follows: "It is the policy of the City Council [hat no zoning entitlement for any hotel or mote] shall be approved,. and no existing zoning entitlement for any hotel or motel shall be amended, in any manner which would require the owner or operator of such hotel or motel to limit the length of occupancy of any guest therein to any specific period of time. Nothing contained herein shall be deemed to prohibit any limitation on the term of any zoning entitlement. The term `zoning entitlement' as used herein shall mean any zoning reclassification, conditional use pemtit, zone variance, administrative adjustment, orotherdiscretionary entitlement approved by the City Council, City Planning Commission or Zoning Administrator pursuant to any provision of the Anaheim Zoning Code" THE FOREGOING RESOLUTION is her y adopted proved 6y the City Council of the City of Anaheim this 25th. day of Ma , 2 3 MAYOR OFT CTI'Y OF ANAHEIM ATTEST: t ~ ~~ CITY CLERK F THIr CTI'Y OF ANAHEIM "` 4ASR4.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R-61 was introduced and. adopted at a regular meeting provided by law,. of the Anaheim City Council held on the 2Sth day of March, 2003, by the following vote of the members thereof: AYES: MAYORICOUNCIL MEMBERS: Chavez, Hernandez, McCracken, Pringle, Tait NOES: MAYOR/COUNCIL MEMBERS: None. ABSTAINED: MAYOR/COUNCIL MEMBERS: None ABSENT: MAYORICOUNCIL MEMBERS: None i .C~ ~c~E. TY CLERK F THE CITY OF ANAHEIM (SEAL) Item No. ; " T i ~~ ~ IIW Area) x vases Bac els EI [I 1 P ro~Ya 400Bx1 a B • RxmSID W ne,Iw N 1610 ; p iE ~ 1 PR B~ Idol w.u S P ~b%.Ia El. b 6E1 RLL660i., p ` 6A P LSeO}.Bl GIPS)5 9BD15 I PLIS W V1VNt b zEl DIS ~ P6 ,5 b5E1 p,e „xu 6[ 1 i xv ~ ls ]nl Mi t m P]Yf tlz El a I IP L591 l i Pam 1 _ [YP]83 g SPpi .4 wmfS tl NPlB6 CDP ZfeE dfl° ~ . tlMe6n{ i ~, m lwelcwof 5 cVPxml 3 e w. npiwrns rylMl aazmwblss lee alz.lo'sEl N0.6601na Dnci6sss°msx] pwnssuonx pnom~samaf KATELLA AVENUE s rc iS GENE AUTRY WAY n. ei immu Iva o5E ILPBwI \ flCLSNNx SaaEDx IPUL CIn~rofSEl RSD6x la IlPrwl ~_ m:: e'~° e'sEf P455d6fe XLt5s55ax iMim rt i lS ,SEl Biqa eBBa ACL010c6155 flP4B661~1IE1 CLStdSi] flR9~5HZ N ~b1B]B a' n Y 06 v^ l cuvic? cuvun pioo m'i w ""i° n ~ i[I snolwtoP]s N K NEVVf r I CWDVIINIVM Wx P458~BPIfS Mp.dN, va5E1 vP:n s nnlmLmin "G41C5 SB 13B Pwveiie IP^ tllrc 1o9E1 roP]SSi dvvd,aB cuPi~ pl..,mnbrol cuP ens 6 MB~MBYS WE59PP'4~E/t. Q W m W J 17 U W Q N" R E m:O4a~a°~:Ef BI-c Pp IPruVI / Lt ^JMLLNOVSiPULEING \v/ ~O ~fAVr1 //////~L\\\\\ 9 CW ICaO 1!B ~/ V \ actodoo-,5 nP.LdC2Y~5 Sy Ifl~ad ln,b6El BIn.tl4a.1~6EI ~ nft 66'A&IS A ~ •~ t~b~ Bc0€dtN.fe s I ucwsp d V a.a.°uP~`."o ___ ____ P""'"e nc.wvl ___ cErvrl ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. Subject Property Conditional Use Permit No. 2006-05116 Date: October 2, 2006 Final Site Plan No. 2006-00005 Scale: 1" = 400' Requested By: LENNAR PLATINUM. TRIANGLE, LLC Q.S. No. 108 1404 East Katella Avenue, Development Area C 10096 Staff Report to the Planning Commission October 2, 2006 Item No. 3 3a. CEQA SUBSEQUENT EiR NO. 332 AND ADDENDUM .(PREVIOUSLY- CERTIFIED) 3b. CONDITIONAL USE PERMIT NO. 2006-05116 30. FINAL SITE PLAN NO. 2006-00005 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: {1) .This approximate 2.6-acre development area is located within an approximate 40.6-acre property located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of South Betmor Lane.. Approximately 6.3 acres are located :within the Platinum Triangle, Gene Autry District and 34.4 acres within the Platinum Triangle, Katella District (1404 East Katella Avenue -Development Area A). ..REQUEST: (2) The applicant requests approval of the following: CUP 2006-05116 -Request to modify setback requirements to construct a 157-unit, mixed use project for Development Area A- Lennar's A-Town. FSP 2006-00005 -Request review and approval of a final site plan fora 157-unit, mixed use development for Development Area A- Lennar's A-Town. ', (3) This property is currently vacant and is zoned i (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay). The Anaheim General Plan designates the property for Mixed Use land uses.. Surrounding properties to the north and east are also designated for Mixed Use land. uses; properties tp the south are designated for Office-High and Mixed Use land uses; and properties to the west are designated for Office-High land uses. ', (4) This item was previously continued from the August 7, 2006, Commission meeting. The applicant has submitted the attached letter, dated September 20, 2006, requesting a continuance to the December 11, 2006, Commission meeting. This continuance request is to allow time for the applicant to complete the shared parking analysis, public realm plan and final map. These tasks are required to be complete prior to the review and approval of any final site plan within the A-Town community. RECOMMENDATION: (5) .That the Commission, by motion, continue this request to the December 11, 2006, Planning Commission meeting. sr-CUP2006-051~6eaw100206 1 Attachment -Item No. 3 September 20, 2006 Mr. Ted White Senior Planner City of Anaheim Planning Departrnent 200 South Anaheim Boulevard, Suite 162 Anaheim, CA. 92805 Re: Parcel A Dear Ted: ,w - 4.~ .. `~ . v . co Yc` ~~ia. ie This letter is to formally request a continuance of CUP number 2006-05116 and FSP number 2006-0005 to a Planning Commission hearing date of December 11"', 2006. Thank you in advance for this consideration and now await your response. Best regards, `v~ ~ G rg~ elle~ Project Manager cc: Donna Kelly Gary Hildabrand Andrew Han Tim Smallwood, MVE Studio GT/vk Main: (949) 349-8200 • Fax: (949) 349-1762 • www.lennar.com Item Nc n4 BEaG~S E Ifl I PR1 m.dllco 0.20E41.)B P45EU1n 1) E sVPEPLENIEfl a16E1 Iflli3m ~d)9a ) Ce/III OVCi EYSiE16 µOAENGU SING umslvPPCF ~ Ipgc o N b5E1 CL 66O)n. H lSSF16 a ~I~~i] 5.5Y] °C ` IIPSKII 5cs§561s I uPZm C cuvz6ly P4zm+.mrze IPn tll nl uEEl P~L9scon5 511U1N BVE ~ Ixea vxnlb5E1 P4665]~'0 P 4BB4615 IPe. tlIN1o EEl KECX CFIRx MHIF?P04 I Pu 6651.1. SeSY] IPaa eelNmvE fl~Y~Sl19EE P46~]~1. LM ~ W "cv~uv6lmis) ]I.fS vw zonsmv zmsmmfi Pw S u` °w .wwnw PE T a r IIVJ IneaJ eB ° o6ao-1s : m m psEl x6sii.N Ifl a. E1 P4de~di.1. ~ flLVP 161p~ P l m1~ 61 I IPCL MP ~6I6511iE1 .666 5 I S P F1 a5E1 PR666A PCL56 T9] cUPS)6 w F PNE no os5ws v^W'* d1lPS.nsE1 6BUO16 e N W1 . bSEI P rtiP 5E ^e u e°N m1s5El ~ Passonl6 m1eM56 4 Pw dw. gsEl 508 m 5 P 1 IP E 1 SPOx1 LPGEL ~ ~ 5 _ oaa 1s ~ CUP)695 Ifl® E) M e16 CW1 ~ F w Ya uvnt Eaao S cu l' wI WV. FIPMS W O FWMS KATELLA AVENUE 1~ neuu Irvrwl. wvPw; GENE AUTRV WAV Mw R I 5 k Me j 9 W R J IryM11 i P~016 Watiiie~f El I m M W n ~~P J O U Po ;5 n ` e sEl mw mp Q P a aEt [U •' S N mNl EAx C.LVmI P4]m1+[11ID mL R4N,e~,ae~ M2 w PF~U~y ~ P L flx46uanI5E PwF99nl IPna¢e¢alaeEl NmiE~oe GI OtP M ] PPIPruul P4666 I. 6IILPIMBV6ME99 GNUt M., aLUUemusrPLU EIP6¢ LuP)fix de S 6,EP6 ft4B3Yl \ e6:` o '+5 ryas. SEI ~~ dTlSN.15 P s Pn.d InL1~6E1 ftL8B2&I6 ~Ib~ ~~II I ~®~1 A r oMEV N ao- ;o P.m1e.E a<L>s)I<1 fV cENn ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE i s_ l - ~ T I : ~ i I C r I I s Staff Report to the Planning Commission October 2, 2006 Item No. 4 4a. CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM (PREVIOUSLY-CERTIFIED) 4b. CONDITIONAL USE PERMIT NO. 200fi-05117 4c. FINAL SITE PLAN NO. 2006-00006 (Motion for Withdrawal) SITE LOCATION AND DESCRIPTION: (1) This approximate 3.7-acre development area is located within an approximate 40.6-acre property located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of South Betmor Lane. Approximately 6,3 acres are located within the Platinum Triangle, Gene Autry District and 34.4 acres within the Platinum Triangle, Katella District (1404 East Katella Avenue -Development Area C). .REQUEST: (2) The applicant requests approval of the following: CUP2006-05117 -Request to modify setback requirements to construct a 167-unit, mixed use project for Development Area C- Lennar's A-Town. FSP2006-00006 -Request review and approval of a final site plan fora 167-unit, mixed use development for Development Area C- Lennar's A-Town. (3) This property is currently vacant and is zoned I (PTMU) (Industrial; Platinum Triangle Mixed Use. Overlay). The Anaheim General Plan designates the property for Mixed Use land uses. Surrounding properties to the north and east are also designated far Mixed Use land uses; prdperties to the south are designated for Office-High and Mixed Use land uses; and properties to the west are designated for Office-High. land uses. {4) This item was previously continued from the August 7, 2006, Commission meeting. The applicant has submitted the attached letter, dated September 20, 2006, requesting withdrawal of this. item. This request will allow the applicant time to modify building design .plans for Development Area C. .RECOMMENDATION: (5) .That the Commission, by motion, accept the applicant's request for withdrawal sr-CUP2006-05117eaw-withdrawal ~~ ~. L E N~ t~il~``.~2 ;., ~ ~~~r (~' )unfirl[.l!a1u~71ue~ raJ ~ ' n~~:. Attachment -Item No. 4 ~• September 20, 2006 • .: Mr. Ted White Senior Planner City of Anaheim Planning Department 200 South Anaheim Boulevard, Suite 162 Anaheim, CA. 92805 Re: Parcel C Dear Ted: ,~~~~,..,.ud%1' ,5~ ZQ~ ppg~l~ This letter is to formally request a withdrawal of CUP number 2006-05117 and FSP number 2006- 00006. Thank you in advance for this consideration and now await your response. Best regards, ~~~/~ . George Tellez Project Manager cc: Donna Kelly Gary Hildabrand Andrew Han Tim Smallwood, MVE Studio GT/vk ~ennar urange uoas[ uavu • ~~ encerpnse • Huso vie7o, v~ ym~o Main: (949) 399-8200 • Pax: (999) 349-1762 • www.lennar.com Item I "' I k w S I I Qp ]LW505 CUP tI]6 61- '] Z VAR f9J63a BATtERY RECYCLING LUP 2009 I N Q KINSfiVRSNV INL FACILITY ROpERT5ON5 I RE4pYA11%, INL. 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N Conditional Use Permit No. 2006-05111 Subject Property Date: October 2, 2006 Scale: Graphic Requested By: NORTH ANAHEIM ASSOCIATES, LLC Q.S. No. 70 1045 North Kemp Street tooso o: July 2005 Conditional Use Permit No. 2006-05111 Subject Property Date: October 2, 2006 Scale: Graphic Requested By: NORTH ANAHEIM ASSOCIATES, LLC Q.S. No. 70 1045 North Kemp Street ioaso Staff Report to the Planning Commission October 2, 2006 ..Item No. 5 5a. CEQA NEGATIVE DECLARATION (Motion) 5b. CONDITIONAL USE PERMJT NO. 2006-05111 (READVERTISED) - (Resolution) SITE LOCATION AND DESCRIPTION: (1} This irregularly-shaped, 0.28-acre property is a land locked parcel with a maximum depth of .190 feet located west of a parcel with 200 feet of frontage on the west side of Patt Street, >37 feet south of the centerline of Commercial;Street (1299 North Patt Street- North Anaheim Industrial Park). REQUEST: (2) The applicant requests approval of a conditional use permit to construct a stealth ground- mounted elecommunications facility with accessory:ground-mounted,equipment to accommodate two (2) carriers in an-industrial office park under authority of Code Section :16.10.030.040.0402 (Telecommunications.Ground-Mounted and 18.38.060. BACKGROUND: (3) This item was continued from .the July 24, August 7, August 21, 2006, and September 6, 2006, Planning Commission meetings,to allow the applicant time to modify the proposal. (4) This property is currently undecconstruction for an industrial building within an industrial office park and is zoned I (industrial Zone}.: The Anaheim General Plan designates this property forJndustriaf land uses.' Properties to the north, east,' and a portion of the west are also designated for Industrial. land uses; prbperies to,the south and a,portion of the west :are designated forMixed Use land uses. PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 2001-04410 (to permit a telecommunications antenna and accessory ground-mounted equipment) was denied by the Planning Commission on October 8, 2001. The applicant requested approval for a monopole disguised as a flagpole and was denied due to negative visual impact to the adjoining residential land uses and the visibility due to the significant height.. i (b) A Telecommunications Antenna Review Permit (MIS2002-00045) (to permit aroof- mounted telecommunications facility and ground-mounted equipment shelter} was approved by the Planning Department qn May 17, 2002 for the former industrial park. This facility was demolished to accommodate the redevelopment of the site. (d) A Telecommunications Antenna Review Permit (MI52005-00118) (to permit a temporary telecommunications facility) was approved by the Planning Department on July 7, 2005, with a time limitation of eighteen (18) months to expire on December 7, 2006, for the industrial park. This permit was issued to allow continuous telecommunicaticns service during construction of the,industrial park in srcup2oos-osit~klw_ioozos Page 1 Staff Report to the Planning Commission .October 2, 2006 Item No. 5 anticipation of a new stealth building-mounted telecommunications facility integrated with theproposed buildings. (d) Variance No. 2005-04665 (to waive the requirement for a lot o fronts public or private street) (Phase I of this industrial park) was approved by the Zoning Administrator on November3, 2005. (e) Tentative t3a~cel MapNo.2005-147 (to establish a 21-lot, 22-unit industrial airspace subdivision to subdivide an industriatcomplex) was approved by the Zoning Administrator on November 3, 2005. DEVELOPMENT PROPOSAL: (6) The applicant requests a conditional use permit to construct a stealth ground- mounted telecommunications facility to accommodate two {2) carriers with accessory ground-mounted equipment adjacent to a newly constructed industrial building. The applicant has submitted two (2) development proposals. (7) Development Proposal A proposes to construct a 64-foot high. stealth faux pine telecommunications facility, Development proposal B proposes to construct two (2} a stealth faux palm telecommunications facilities. The,proposed faux palms. consist of one 54 foot high facility and one 64 foot high facility. (8} The site plan (Exhibit No. 1) indicates proposed site is located within a!larger thirty-seven (37) building industrial park that has'recently been constructed. The elecommunications facility would be located within a planter area at the northern portion of the industrial park, adjacent to a one-story (26 feet high), 4,700 square foot building. The`sitepian indicates the addition of two (2) live palm or two (2) live pine trees within the landscaped planter area adjacent to the proposed telecommunication facility(s) to create an aesthetic grove effect. No additional landscaping (i.e„ shrubs or;groundcover) is proposed. (9) The submitted elevation plans (Exhibit No. 3) indicate the following characteristics for the proposed facility: Proposal A- Proposal B-Two Previous Proposal - One Faux Pine Faux Palms Faux Eucal tus Antennas 48 Feet & 58 48 Feet & b8 Feet 48 Feet & 57.5 Feet O eratf~ Center': Feet OveralfHeight of ' 64 Feet 54 Feet & 64 Feet 66 Feet Facilit Proposed Live 25 Feet 32 Feet 35 Feet Tree Height (2 ro osed (10) The equipment layout plan (Exhibit No. 2) indicates that the proposed telecommunications fadility(s) and equipment would be located within an approximately 750 square foot lease __ areaabutting the industrial building and five (5) feet awayfrom the north property line. Twelve (i2) proposed BTS .equipment cabinets would be'located adjacent to the Page 2 Staff Report to the :Planning Commission October 2, 2006 ..:Item No. 5 telecommunications facility(s) and enclosed by a new eight (8) foot high block wall painted antl textured to match the adjacent tilt-up building.'The plan does not. indicate the addition rof shrubs or vine,around the enclosure. 'In order to reduce the opportunity for graffiti, staff has included a condition of approval for clinging vines around the enclosure. (11) The equipment layout plan further indicates that each facility would consist of three (3) antenna arrays with four (4) antennas each for a total of twenty-four (24) individual antennas. The three {3) antenna arrays for each. proposed carrier extends #ive (5) feet from the monopole structureand each array is'eleven (11) feet wide. The :panel antennas for both development proposals are five (5) feet in height by one (1) foot in width and four (4) inches in depth. (12} The elevation plans and photo simulations {Exhibit No. 4) for Proposal A (faux pine) :indicate the trunk of the proposed faux pine wouldbe round with a four (4) feet wide diameter. The submitted elevations, as shownbelow, indicate the antennas are located at operating centers of 48 and 58 feet above ground'level, and the faux pine has a maximum height of 84 feet. The antennas are camouflaged within the canopy of he tree and painted to match the pine tree. Proposed antennas ~T=Mtsbi(e)', Proposed lAntennas {Cingular} ~P ~.j~. ~„~ ,, ~~~~ ~ sue` ~ s .. s ~ ~£ ~~' ~ ~~h^ P /a ~ m' ~ £ r,d~ t'~ a~~N.M~ -~:.,,, r"'» ,mo'''w');<'"~~~~`, ~ ~~ ~ 4 t ! r ~> ~~ k M ,£ s2 ~ rpy, ~"~~T~y s~ i~,~~ a~ ~ s~ ~~ ~tJ6~'t1J31~ E1t(~t#7~.~`~ rr,z~.=v z,~,."~r-,x''..^'~`w^., K` ~e..S°xr-~~'~s~~ .'.-!~ ~£'s,~ d ~'a..£,u;t ~%ti2..rw Photo Simulation of Proposed Faux Pine (View from Commercial Street) (13) The elevation plans and photo simulations (Exhibit No. 4) for Proposal B (faux ,palms) indicate the trunk of the proposed fauxpalms would be round:with a four (4) foot wide diameter. The submitted elevations, as shown below, indicate the Page 3 Staff Report to the Planning Commission October 2, 2006 Item No. 5 antennas are located at operating centers of 48 and 58 feet above ground level and the faux palms have a maximum height of 54 and 64 feet. The palm is proposed with a brown;faux palm tree finish and green fiberglass palm fronds interspersed among the antenna arrays at the op of the structure. The antenna arrays and palm fronds .would be painted to match. ,~^' x Y F'ropr3stEd i~~nog~~~rra ~ ~~' .~ ~ f~, opos~~~Vlonop~frn r,~~ttg~aE~r) F ~ z~. r.y ~ ~ c ~, , ~ ) ~ ~~~ ~ ~ ~ ,~ ~ ~1;~~ , ~ ~ ~'~ ~ ~'r ,a'oH S.y,^~~~s~ G G Yh.~r'~s, ~ ~~ ~a ~x Sx' Y vx s ^-. oxo ~ti u~/ ~t ~ {s3"F~. Yv^ '~ sx r ~+` A ~te1 d "'v~YhN l,. { 1"C~ 7' ~~~~" ~r~~S,~s~Gnx~_° .~$'~`i'e S'Sl ~-..,~ ~ r t ~ ,w*..a .-ry ~. ~.~ ..,.~ ~. ~ ,'-rr ~r ,mil "~, r ga '~ n `sw-~-rr~'~r^'*~3'.~"~~ffr~ fi' x x ~r . ~''w'.~~"/'~r' ~„" z` ;° , ti' yr u may, ~,a ~. ~^'~-v`7 ~ ~ ,,z v:. y i dd r' °` r%:%' ; ? k ' 2.a~--~ / w1 ~ a„~" ~ y Gv'sa-s ~' `+,,£%- y,7~' %' e 'ems ^~'~ c a ,rays„ ~"a ~ ~~e s '~'~ {bv~~~iM~hdl~~~~ r"~g Photo Simulation of Proposed Faux Palms (View from Commercial Street) {14) The applicant's supplemental information statement indicates that the proposed site would be a replacement for the previously-approved facility (T-Mobile) and a provide the necessary coverage for an additional carrier. (Cingular). The proposed search ring is to provide continual coverage for the homes and streets`surrounding the Riverside Freeway,;La PalmaAvenue, ahd Lemon Street. ENVIRONMENTAL IMPACT ANALYSIS: (15) Staff has reviewed the proposal to construct a stealth ground-mounted telecommunications .:facility with accessory ground-mounted equipment to accommodate two (2) carriers and the Initial Stutly (a copy of which is available for review in thePlahning Department) and finds no significant environmental impact ahd,' herefore, recommends that a Negative Declaration be approved upon a finding bythe Planning Commission that the Negative - Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Negative DeclarationYogether with any comments received during __ _ the public review process and furtherfinding on the basis of the Initial Stutly and any Page 4 Staff Report to the Panning Commission October 2, 2006 Item No. 5 Page 5 Staff Report to the Planning Commission October 2, 2006 Item No. 5 (18) The Planning Department continues to discourage unscreenedtelecommunications facilities due to the significant cumulative visual impact on the community as a whole. The recently updated Zoning Code includes design guidelines and requirements for telecommunications facilities. Code requires telecommunications facilitiesbe co-located where technologically feasible and visually beneficial. Staff feels "stealth".installations and co-location are the best alternative io decrease visual clutter and preservethe aesthetic quality of the community. Code defihes'a "stealth"facility as "A wirelesscommunication facility that is disguised to appear as a natural object or part of an existing man-made .object, facility or structure, which is designed to blend into the surrounding environment or which is concealed within or architecturally integrated into a building or other concealing structure " In order for a facility to be an appropriate stealth. installation two (2) main factors must be addressed. First, the facility itself needs to be designed such that the antennas are disguised to appear as a natural object pr part of an existing man-made object, facility or structure. Secondly, he facility heeds to blend .into the surrounding environment in which it is proposed. Factors to consider for this second criterion include the height of buildings in the surrounding area, structures on the proposed property, in the case of facilities hatare disguised as natural objects,: the presence of other similar. natural objects in the immediate area, and3he visibility of the facility. (19) `Although the proposed telecommunications facility disguised as a palm or pine tree is an?appropriate manner to satisfy the first crfterion, the'proposed co•locetion on 'one facility under Proposal A requires the use bf a pine tree which, can not satisfy .the second criterion due to the lack of backdrop for the facility to blend with. Of the two options, Proposal B is the mare natural option because the possibility of creating a backdrop is more feasible; however, staff feels that a stealth building mounted facility is still the best option for this site. The SR-91 Freeway is approximately 490 feet north of the proposed facility. The property across Commercial Street does not have a building along Patt Street that would screen. the facility from the view of traffic along he freeway. Therefore, the facility would be highly visible from the freeway. In addition, the heights of the buildings in the industrial office park range,between 25 to 30 feet in height. As a result, there are no structures o shield or serve as a backdrop for the facility. furthermore, the proposed types of facilities would be visible to the existing residences and a City park site to the south and southeast. Page 6 .Staff Report to the Planning Commission .October 2, 2006 Item No. 5 ~, t ~~ 64 Feet ~~ iw . ~~ , ~ ~~~ ~ ~ gg ~: Ii _ 'bx'~,~~' r ~,2e~~ ;, i` C a 1~ J#r'~ . ~,a.1 25 Feet ~~~,% ms ' { ~ ^ ^~, ^ ~ e T^ ~ t ~ t 5pi ~ S y v Development Proposal!A -Proposed West. Elevation ~~ v~ ~ ~ u ~~ f' .; ~~= ~~ y ~ 64 Feet 54 Feet ~ 3E Feet ~ ~~ ~ ~~ _ ~ ~ ~ ~~,~, ~~=- 1 i~ ~' `~ ~ w I? ~ ~?I ~ ~; " ~ ^ ^ t ~ e ~~ ~ ~ ~A L ii i -~ i I ~ . Development Proposal B -Proposed West Elevation Page 8 Staff Report to the Planning Commission October 2, 2006 Item No. 5 j21) As a point of comparison, staff requested a stealth building-mounted facility as depicted in he following renderings, as an alterhatve proposal to the faux eucalyptus.. The new tower would architecturally match the industrial building currently under constructioh by incorporating a similar roof-line, and utilizing the same materials and colors of the building. The renderings are fora 66 foot high fiacility; however the previous facility was established at approximately 55 feet in height.. Staff believes a stealth installation ..similar to one depicted on the following-page is the best alternative rather han a stealth ground-mounted facility disguised as a tree. if the facility is owered to 55 feet consistent with the. previous buildhg-mounted installation, the structure woultl be more in scale with the existingindustrial buildings, achieve and achieve the objective of an architecturally integrated facility that blends with the surrounding area r:' A ~~ Carrier #1 ,~ 1'~~E. ~ ~ ;'_.~` .. ~ 4 . ~'~ ',.t. Carrier#2 r. r ..;~ New Industrial -; =• ~ ~ :~. :.Building ' . t ',,:~ .a, ' ~~; :. ` ; . .; .,' •rJ South Elevation (facing Interior accessway)- Page 9 Staff Report to the Planning Commission October 2. 2006 Item No. 5 ' „, Carrier #1 ~ ~: ~ n .t~ i ~~ '1 Carrier #2 , , ;r•, • j, •. , ..a ~. '' New • > ' •. Industrial Building East Elevation (facing Patt Street) (22) At the September. B, 2006, Planning Commission meeting, the following project issues were discussed: Proposal of other types of stealth ground-mounted facilities. o Integration of facilities into the building(s) by constructing two (2) towers or some othecarchitectural element. As a result of the concerns expressed by the Planning Commission, the applicant was directed to modify the plans to address the feedback',provided at the public hearing. (23) Based upon the feedback provided at the September 6, 2006 public hearing, the applicant has redesigned the proposal as detailed above. Development Proposal A proposes one (1) 64-foot. high monopine with two (2) newpine trees adjacent to the proposed telecommunications facilityto mitigate the visual impact of a single pine tree. Staff is not supportive of the proposed faux pine since there are nopine trees in the vicinity and the proposed pine trees would not be capable of reaching an adequate height to provide a backdrop for atleast twenty years. (24) Development proposal B proposes two (2) adjacent faux palm trees at varying heights, with the tallest,proposed height of 64 feet. Imorder to create a "grove" of palm trees to mitigate the visual effect of the proposed faux palms, the applicant proposes to plant two (2) new live palm trees adjacent to the proposed facilities. (25) At the September 6, 2006, Planning Commission meeting,. there was discussion pertaining to apreviously-approved telecommunications facility disguised as a palm tree at the adjacent property across Commercial Street. The applicant used this facility as a point of comparison and indicated that the proposed facility would also be a ground mounted facility disguised as a tree but that. the details used in this Page 10 .Staff Report to the Planning Commission .October 2, 2006 Item No. 5 proposed installation would be amimprovement to the existing faux palm. A conditional'use permit was approved in 1999 for the faux palm for a maximum: height of sixty-two (62) feet, with the addition of a minimum of three (3) new palm trees at a minimum height of forty (4D) feet within closeproximity of the faux palm. The <request was to construct a new facility on an existing site. and did not include complete reconstruction. on the property as is the case here.. (26) If the Commission approves the faux palms, staff recommends a minimum of two (2) to four (4) live trees for every facility proposed in order to create a grove as a backdrop to the facilities. In addition, since the previously-approved faux palm ,across Commercial Street required thepew palm trees tohave a minimum height of ',forty (40) feet, staff recommends the,proposed trees to have a similar height. Therefore, staff has included a condition of approval. for the addition of a minimum of four (4) new palm trees with a minimum. height of forty (40} feet if developed. (27) Although both proposals meet the stealth criteria of the Zoning Code, the success of the facility,is dependent on an appropriate setting.,Both proposals would significantly;impact the visual aesthetics of the area since (t would be visible from the Riverside Freeway, La Palma Avenue, and Anaheim Boulevard. Although staff continues to recommend a stealth building mounted facility, of the alternatives proposed, staff believes the two. (2) proposed faux;paims are better suited to lessen the visual impact on the surrounding area. The varying heights of theproposed monopalms and additional palmtrees to be planted adjacert to the facilities produces,a grove of palms and a more realistic visual background rather than a tand of,pine 4rees in he area 1(28) Since the September 6, 2006, Planning Commission meeting, the applicant has not submitted a proposal for abuilding-mounted facility, or provided an explanation. as to the reason for the inability to erect a stealth building-mounted facility as :recommended by the Commission. Staff continues to encourage facilities that are designed to minimize its visual impact and are compatible with existing .architectural elements, building materials, and other site characteristics. The prevailing thought is that alternatively designed facilities through architectural .enhancements, such as clock towers and obelisks, to existing buildings are available which could-enhance the City's streetscapes rather than reproduce a product that is marginally: effective at looking natural. Staff. continues to believe there are opportunities for stealth building-mounted facilities to be integrated in the proposed construction of Phase 2 #or the industrial office park. Staff continues to recommend that the applicant explore other alternatives to provide abuilding-mounted installation either on- or off- -ste, and therefore, staff recommendsa continuance of this request to redesign the facility consistent with the previously-approved facility. fINDINGSr (29) .Before the Planning 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 10.66.04D (Approval Authority); Page 11 Staff Report to the Planning Commission October 2, 2006 Item No. 5 jb) That the use will not adversely affect the adjoining land .uses br he 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. will not impose an undueburden 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 bitizens bf the City of Anaheim. RECOMMENDATION: (30) 'Staff recommends hat,'unless additional or cohtrary information is received during the meeting, and based upon the evidence submitted to the Commission, including he evidence presented in this staff report, and oral and. written evidence presented at the public hearing, the Commissioh continue this item to the October 30, 2006, ':meeting for the applicant to work with staff to redesign the telecommunications `facility topropose 8 stealth building mounted #acility thatis similar in height to the previously-approved telecommunications facility. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY'fHE PLANNING COMMISSION iN THE EVENT THIS PERMITIS APPROVED. Development Proposal A =Faux Pine: 1. That this telecommunications facility shall be limited to no more that two (2) telecommunicatiorts'carriers.''Each carrier shall be limited to a maximum of three (3) 'sectors with no more than four{4) panel antennas on each. sector for a'totaf of twenty- `.four (24) antennas bn he faux pine and accessory ground-mounted equipment.. The : antennas shall beTmited to an operating center height of forty-eight (48) and sixty - four (64) feet and an overall height of sixty-six (66) feet. No additional antennas shall be `:permitted without the approval of the Planning Commission. Said information shall be specifically. shown on the plans submitted for building permits. 2. That the round-shaaed trunk of the faux pine shall be painted brown to appear similar to a pine tree trunk in order to blend with 4he live pine trees. The antehna'arrays and individual panel antennas shall be finished and painted to match. the faux pine. Said information shalt. be specifically shown on theplans submitted by building permits. 3. :That the walls of the ground-mounted equipment enclosures shall be protected from gtaffiti ;opportunities. by the use of plant materials sudh asminimum 1-gallon size clinging vines ,: planted on maximum 3-foot centers or tall shrubbery.. Said information shall be specifically shown on the plans submitted forbuilding permits. Page 12 Staff Report to the Planning Commission October 2, 2005 ..Item No. 5 4. That all equipment, including supply cabinets and power meter shall be screenedfrom the public right-of-way. In addition the cable connecting. to the equipmentshall be,underground and shall not be visible to the public Said information shall be specifically shown on plans submitted for building permits. 5. That the Operator shall ensure that. its installatioh and choice of frequencies will not interfere with jn the BOO MHz radiq frequencies requiredlby the City of:Anaheim to provide adequate r spectrum capacity for public safety and related purposes: 6. That before activating this facility, the Operatorshall submit to apost-installation test to confirm that the facility does notinterfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted py the Communications Division of the Orange County Sheriff's Department or a Division approved contractor at the expenseof Operator. 7. That the Operator shall provide a 24-houctelephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve aII interference complaints within 24 hours. ' 8. That the Operator shall ensure that any of its contractors, sub-contractors or agents, ocany other user of the facility, shall comply with. the terms and conditions of this permit. 9. That should this telecommunications facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. q0. That any required relocation of City electrical facilities shall be at the,applicant's expense. Landscape andlor landscape screening of al(pad mounted equipment shall be required and shall be specifically shown. on plans submitted for building permits. 11. That portion of the property being leased to the telecommunications providershall 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 c from time of occurrence. 12. That. no signs, flags, banners, or any other form of advertising shall be attached. to the faux pine tree.:, 13. That. landscape plans indicating a total of two (2) pine trees with a minimum height of twenty-five,(25) feet and understory landscaping shall be,provided adjacent to the proposed faux,pine. Said information shall be specifically shown on plans submitted forsbuilding permits. Any decision by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Once planted, the trees and landscaping shall be maintained in a healthy condition. 14. That the subject property hall be developed substantially in accordance with the plans and specifications submitted do the City of Anaheim by the applicant and which plahs are on file with. the Planning Department marked Exhibit Nos. 1 through 4 and as conditioned herein. 15. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, v/hichever occurs first, Condition Noa t, 2, 3, 4, t-0, and 13, abpve mentioned, Page 13 Staff Report to the Planning Commission .October 2, 2006 Item No. 5 shall be complied with. Extensions of further#ime to complete said conditions may be granted ' in accordance with Section 18.60.170 of the Anaheim Municipal Code. 16. That prior to final building and zoning inspections, Condition Nos. 6, 7, and 14; above mentioned, shall be complied with. 17. That timing for compliance withbonditions of approval. may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with `the Anaheim Municipal Code and (iii) the applicant hasdemonstrated significant progress toward establishment of he use dr approved development. 18. That approval of this application constitutes approval of the proposed request onlyto the extent that it complies with the Anaheim Municipal. Zoning Code and any other applicable City, State and Federal regulations: Approval does not include anyaction or findings as to ::compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. Development Prooosai B -Faux Palm: 1. That there shall be a maximum of two (2) telecommunications facilities disguised as palm trees. That each of the proposed facilities shall be limited to a maximum of three (3) sectors with no more than four (4) panel antennas on each sector for a total of twelve (12) antennasfor each facility onahe faux palm and accessory ground-mounted equipment. The antennas shall be limited to an operating center height of forty-eight (48) and fifty-eighf (58) feet and an overall height of fifty four (54) and sixty four (84) feet. No additional antennas shall be permitted without the approval of the Planning .Commission. Said information'shall bespecifically shown on plans submitted for building permits. 2. .That the round-shaped faux palms trunk shall be painted brown to appear similar to a live palm tree trunk in order to blend with the four (4) live palm trees. The antenna arrays and individual panel antennas shall be finished and painted green to match the artificialpalm fronds attached to the structure. Said information shall be specifically shown on the plans submitted by building permits. 3. That the walls of the ground-mounted equipment enclosures shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines `planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown onahe plans submitted for'building permits. 4. That all equipment, including supply cabinets and power meter shall be screened from the public right-of-way. In addition the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information°shall be specifically. shown on plans submitted`for building permits. 5. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate '- "` spectrum capacity forpublic safety and related purposes. Page 14 StafF Report to the Planning Commission October 2, 2006 Item No. 5 6. That before activating this facility, the Operator shall submit to apost-installation test to' confirm that the facility does not interfere with the Citybf Anaheim's Public Safetytadio ,equipment. This test shall be conducted by he Communications Division!of the Orange .County Sheriffs Department or a Division approved contractor at the expense bf Operator. 7. That the Operator shall provide a 24-hour telephone number to the Planning .Services Division (to be'forwarded to the:Fire and Police Departments) to which interference problems maybe reported, and shall resolve all interference complaints within 24.hours. 8. That the Operator shall. ensure that,any of its contractors; sub-.contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 9. That should this telecommunications facility be sold, the Planning Services Divisions shall be .notified within 30 days of the close bf escrow. 10. That any required relocation of City electrical. facilities shall be at the applicant's expense. Landscape and/or landscape screening of all pad mounted equipment shall be required and shalt be specifically shown on plans submitted for building permits. 11. That portion of the property being leased to the telecommunications provider shall be permanently maintained iri'an orderly fashion through the provision. of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 12. That no signs flags, banners, or any other form of advertising shall be attached. to the fauxpalm trees. 13. That final landscape plans indicating a total of at least four (4) palm trees with a minimum height of forty (40) feet and understory landscaping shall be provided adjacent to the proposed faux palms. Said information shall. be specifically shown on plans submitted for building permits. Any decision by staff regarding said plans may be appealed to the Pianntog Commission. as a Reports and Recommendations item. Once planted, the trees and landscaping shall be maintained to a healthy condition. 14. That the subjectproperty shall be developed substantially in accordance with the plans and specifications submitted tq the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 4 and as conditioned herein. 15. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 10, and 13, above mentioned, shall be complied with. Eztensidns of further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. t6. That prior to final building and zoning inspections, Condition Nos. 8, 7, and 14, above. mentioned, shall be complied with. Page 15 Staff Report to the Planning Commission October 2, 2006 Item No. 5 17. Shat timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is`established that satisfies he,original iritentandpurpose of the condition(s), (ii) the modification complies with he Anaheim Municipal Code and (iii) the applicaht has demonstrated significant progress toward establishment of the use or approved development. 18. That approval of this application:constitutes approval of the proposed request only to the extent that it complies with the Anaheim MunicipaLZoning 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 othecapplicable ordinance, regulation or requirement. Page 16 Clty Of AnaheiM Attachment -Item No. 5 ~~~~~~~~ H.yE~~i~d~~~~ www.awheim.nel July 7, 2005 Aspen Associates Telecom ATTN: Amit S. Patel 1223 Federal Avenue, Suite 212 l,os Angeles, California 90025 Re: Development Request - T-Mobile Wireless Temporary Telecommunications Facility (1075 North Patt Street, Anaheim, CA 92801) Dear Mr. Patel: I am writing this letter to inform you that T-Mobile's proposed temporary telecommunications facility at the above referenced property, consisting of a fifty-foot high "portable" tower with radio cabinets and related cables and connections, has been approved by the City of Anaheim's Planning Departrnent for a period of eighteen (18) months to expire on December 7, 2006. The future permanent facility will need to be approved by the Planning Department prior to this date. Please be advised the facility's design and location has been approved according to the documents provided to us on July 1, 2005 and as attached. If you have any questions, please feel free to contact me at (714) 765-5139, extension 5804. Sincerely, (~ ~_ John Ramirez Associate Planner Attachments 200 South Anaheim Boulevard P.O. 0ox 3222 Anaheim, Calftdrnia 92003 TEL (774) 765-5139 Attachment -Item Mo. 5 ~SPEN f~SS®CIATES ~ELEC® 1223 PEnEAA.L A VENUE, SUITE 2 t 2 LOS ANGELES , C A L I F O R N I A 9 0 0 2 5 ~(3f0)691-5360 8(875)425-8902 A P A T E L ac A S P E N A S S O C I A T E S C O M July 1.,.2005 Mr. John P. Ramirez Associate Planner Planning Department City of Anaheim 200 S. Anaheim Boulevard, Suite 162 Anaheim, CA 92805 RE: DEVELOPMENT REQUEST LA02477A (SM078) - T-Mobile Wireless Telecommunications Facility 1075 N. Patt Street, Anaheim, CA 92501 Dear Mr. Ramirez: Aspen Associates Telecom is pleased to submit this Development Request on behalf of blcm Development Company, LLC ("BICM") and T-Mobile USA, Inca ("T-Mobile") for the relocation of the T-Mobile wireless telecommunications facility located at 1075 N. Patt Street in Anaheim, California, 92801 (owned by North Anaheim Associates, LLC). As you aze aware, BKM is currently in the process of redeveloping the property subject to plans and proposals previously and separately submitted to the City of Anaheim. A necessary step of the redevelopment is the demolition of several existing. structures on the property, including the building upon which the T-Mobile wireless antennas and support structure aze located. This. DevelGpment Request is fora "temporary use permit" or equivalent,. consenting to the relocation of the existing T-Mobile facility to an interim location to allow for the demolition and redevelopment of the applicable areas of the property, without extended interruption of the valuable wireless services currently provided by this T-Mobile facility to the community. The permit is requested for such time (i.e., approximately eighteen months) as required for the construction of the planned complex on the property including a permanent location for the T- Mobile wireless facility. The proposed temporary facility consists of a "portable" tower approximately fifty feet in height (as compared to the fifty-five feet height of the existing structure), associated radio cabinets,: and related cables and connections. To minimize interference with construction efforts W W WASP ENASSOCIATES.C O M of the planned development, the proposed facility will be located adjacent to an existing power meter and cabinet and the required telco needs will be satisfied using a microwave dish (approximately two feet wide) connecting to a nearby T-Mobile facility. Please find enclosed the following exhibits illustrating the location and design of the proposed temporary T-Mobile wireless facility: 1. Ptat Map with existing and temporary sites identified (approximately) 2. Aerial Map with existing and temporary sites identified (approximately) 3. Proposed temporary T-Mobile wireless facility site plan 4. Photo of proposed temporary T-Mobile wireless facility location 5. Three photos of the proposed temporary T-Mobile wireless equipment and structure 6. Photo of existing T-Mobile wireless facility T-Mobile is prepared to install the temporary facility immediately upon approval and issuance of the "temporary use permit" or equivalent by the City of Anaheim. The estimated time required for installation and configuration of the temporary facility and removal of the equipment shelter and antennas from the existing shelter is two weeks.. Demolition of the existing facility and surrounding buildings will proceed immediately thereafter as part of the master redevelopment plan. Our goal is to expeditiously move the temporary facility to a permanent one acceptable to the City of Anaheim. Since redevelopment of the property involves solicitation of other businesses as tenants and/or buyers and incorporation of their needs, plans for the master project are still under preparation and review. However, the planned permanent T-Mobile wireless facility will be included into the overall design of the complex and in compliance with all City of Anaheim (as well as applicable state and federal) requirements. and codes. Specifically, we intend to incorporate the wireless facility architecturally into one of the new buildings similar to the original facility. Fortunately, since both building and facility will be constructed together, the final structures should reflect a uniform design rather than the `add-on' design of the original facility. Our tentative schedule is for construction to commence by December 2005 with building and facility completion by December 2006. We will submit a separate application for the necessary land use entitlements for this permanent facility once a design is completed. We would appreciate the opportunity to discuss the project further and/or address any concerns or questions you may have. Please do not hesitate to contact me directly at (310) 691- 5360. . S~inc'e'rle~ly, ' X"""'~ Amit S. Patel, Esq. -2- Item No. 6 sP 9a-1 DA4 RCL 61-62-fig (23) CUP 2516 CUP 2759 CUP 3254 VAR 1951 GENERAL ELECTRIC ~ SP 94-1 RCL 61.62'-69 (23) SP 94-1 CUP 2759 / RCL fi1D 2469 (64) VAR 1951 ~NV~ LPP P/ A ~ ' SP 94-i - ~ 4 SP ea-I RCL 6 2 69 (36) D ~ CUP 3844 --62.69 (fi4) :L fi1 ~ VAR 4064 CUP 36bb Aura eoov O AUTO &PAINT < REPAIR f n m SP 99-1 DA4 m RCL 6h62E9 (541 m cuP 3004 .~ cuP zsfi6 SMALL IND. 6P 941 FIRM SP 94-1 I DA4 CL 61-fit-69 SP 94-1 SMALL INC DA4 FIRM JCL 61-fit-fig (73) VAR 3479 CUP 1603 VAR 3344 SELF-STORAGE sP??-1 SP 994 OA4 RCL 61-62.69 FIRM SP 94-1 DA4 TTM 16943 RCL 2006-0[1179 RCL 61-62-69 (36) cuP Zoos-oslos CUP 3fi69 .INDUSTRIAL FIRM SP 94-1 SMALL IND. FIRMS ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT PROJECT AREA Reclassification No. RCL2006-00179 Subject Property Conditional Use Permit No. 2006-05109 Date: October 2, 2006 Tentative 1`ract Map No. 16943 Scale: 1" = 200' Q.S. No. 150 Requested By: TR LA PALMA REAL ESTATE , LLC 3530-3540 East La Palma Avenue and 1010-1040 North Grove Street 10131 ~, SP 94-1 DA4 61-62-fig (32) ID. FIRMS a RCLE e 7 ¢P 4~ ~e 2 L ' ye SP 88-3 o O T-SPN 2006-00034 ~° Q RCL 66-67-14 ( ~ ~ RCL 58-59-112 4 ° CUP4119 ti CUP 3410 p CUP 3371 `~ CUP 3368 c~i CUP 3215 ~ e VAR 4103 FSP 2002-00008 (VAR 4134) COMMERCIAL RETAIL ER SHOPPINJG / ~ o: Reclassification No. RCL2006-00179 Subject Property Conditional Use Permit No. 2006-05109 Date: October 2, 2006 Tentative Tract Map No. 16943 Scale: 1" = 200' O.S. No. 150 Requested ey: TR LA PALMA REAL ESTATE , LLC 3530-3540 East La Palma Avenue and 1010-1040 North Grove Street 10131 Staff Report to the Planning Commission October 2, 2006 Item No. 6 6a. - CEOA MITIGATED NEGATIVE DECLARATION AND MITIGATION , MONITORING PLAN NO. 140 (READVERTISED) (Motion) 6b. RECLASSIFICATION N0: 2006.00179 - ,:(Resolution) 6c. WAIVER OF CODE REQUIREMENT (Motion) 6d. CONDITIONAL USE PERMIT NO. 2006-05109 (Resolution) 6e. TENTATIVE TRACT MAP N0. 16943 (Motion) SITE LOCATION AND DESCRIPTION: - (1) This 5.2-acre,parcel has a frontage of 410 feet on the south side of La Palma Avenue, a maximum depth of 800 feet, and is located 270 feet east of the centerline of Grove Street .::(3530 - 3540 East La Palma Avenue}. REQUEST: (2) .The applicant requests approval of the following: Reclassification No. 2006-00179 -request to reclassify the subject property from the SP 9d-1, D.A. 4 (Northeast Area SpecificPlan 94-1; Transit Core Area) to the SP 94-1; D.A. 4 (MU} (Northeast Area Specific Plan 94-1; Transit Core Area; Mixed Use Overlay) zone to construct 312 single family attached units. Conditional Use Permit No. 2006-05109 -.request to construct a 312 unit, single family attached condominium project with 39 Ifve/work units under authority of Code Section Nos.,. 18.32.030.040.0402 {Dwellings -Single-Family Attached), 18.32.030.080 and 18.32.030.120 with the following waivers: (a) ` SECTION NO.18.40.060.030 Improvement of orivate'street. 56-foot wide street with sidewalks and parkways onboth sides required; 60-foot wide street with no sidewalk on one side proposed). (b) SECTION N0. 18.40.090 Sound attenuation for residential developments. (65 dB CNEL required for recreational areas; 74 d6 GNEL proposed). (c) SECTION NO.18.46.010.030 Maximum wall height. (Deleted). Tentative Tract Map No. 16943 - Request to establish a 312 unf airspace attached. single family residential condominium complex. BACKGROUND: (3) The subject site is currently developed with an industrial building. The property is zoned SP 94-1, D.A. 4 (Northeast Area Specific Plan No. 94-,1; Transit Core Area) and is also located within the Merged Redevelopment Project Area. The Anaheim General Plan designates the site for Mixed Use land uses: The properties to the south and. west (across Grove Street) are also designated for Mixed Uses; the,properties o the east (across the railroad tracks) are designated for General Commercial land uses; and the,properties to the north (across Lapalma Avenue) are designated for Non Residential Mixed Use land uses. SR-RCL2006.00179ds Page l Staff Report to the Planning Commission October 2, 2006 .item No. 6 (4) :Conditional Use Permit No: 3689 {to permit an indoor volleyball training center with waiver of minimum. number of parking spaces) was approved by the Planning Commission. in -1994. This entitlement is no longer necessary and a condition of approval has been added 4'td terminate this permit. DEVELOPMENT PROPOSAL: (5) The applicant proposes to reclassify the subject property from the SP 94-1, D.A. 4 (Northeast Area Specific Plan; Transit Core Area) zone to the SP 94-1, D.A. 4 (MU) (Northeast Area Specific Plan; Transit Core Area; Mixed Use Overlay) zone fn conformance with the General Plan. ?he applicant also raquests approval of a conditional use permit to construct a 312. unit single family attached condominium project with 39 live/work units. The site plan (Exhibit No. 1) indicates the following information far he proposed 7-story (1 subterranean parking level; 2 parking and live/work unit levels above the subterranean garage level, and 4 residential floors above the 3 parking levels) condominium complex: Development Standards Proposed Project MU Overlay Zone Standards Site Area ' 5.2 acres ' 3 acres Number of dwelling units/density 312 dwelling units 726 s:f:/unite 60 d.u./acre 312 units max. 60 d.u./acre Re wired commercia6 floor area -0.1 FAR° 0.1 FAR .Recreation/Leisure Area: '288 s.f. per;unit 89,859 s.f.:total 200 s.f. per unit 62,400 s.f. total Live/work units (6) ..:..The site,pian further indicates that the project is designed with a podium style 7-story '-complex;(4-story residential complex constructed `over a 3-level parking structure).. The buildings: will be separated byrecreatidnal courtyards do the podium. deck as shown in the '' following site plan. The plan indicates the following information pertaining to theproposed setbacks: (7) "Plans also indicate 4-story residential buildings constructed. above the podium deck with building to building setbacks ranging between 44 to 78 feet in the courtyards and 20-foot wide corridorsbetween each domplex. 'Code requires a minimum bufldfng separation of 50 'feet in the courtyards ahd 30 feet for the corridors."'Code permits a modification of this `-standard in connection with. the conditional usepermit. Paget :Setbacks Zonin Pro osed Re ufred North (adjacent to La ----- 30 - 48 feet 20 feet Palma Avenue East (adjacent to Grove ----- 115 feet to Grove St.;' 5 feet at Grove St. Street 5 to 8 feet to industrial None at industrial South (adjacent to SP 94-1 12 feet None industrial uses D.A. 4 West (adjacent to a ----- 60 feet 30 feet railroad track Staff Report to the Planning Commission October 2, 2006 Item. No. 6 ~ '' ~ &]Y@ 6llE[MABY ecandory Eaiain9 l-ataxy Bulding ~~.vyyo~y Vchln~lor Enhv im'ec Dalulm ana mYII .IDOJUI m M aaaaan ®YabmB im ra a: ® 4~f ~ -Z ~. p. ~ .ate , ~~~ „'""..~ j ~,,. e ~p p. t 3 p - 2 = ~at'~m 9 'll 9 ~= -nma u uw r ~ ",~' , 4 ,~. I I I I NI ®. q. p ap ~I~ _p p .a q• ~\ Oh ~ ~ m Priwte_Str__ ' __ _ ~ \ : Site Plan (8) The floor plans (Exhibit Nos. 2 - B) indicate one underground parking level, parking and 39 live/work units on the ground and second levels, and stacked units on the third to sixth floors. The ground level floor plan. (Exhibit No. 3) shows the location of the`live/work units along the La`Palma Avenue frontage and adjacent to the private streets. Parallel parking will be provided in the private streets in front of the live/work units. (9) The unit plans (Exhibit Nos. 9 -10) for the condominium units indicate a great room, kitchen, bedrooms, bathrooms, and closets.'The unit,types are summarized as follows: Plan'. No. of Units Living Area (sf) No. of Bedrooms 1 89 773 1 Bed `2_ 112 1,124 2 Bed 3' , 24 1,144 1 Bedh 4 : 72 - 1,214 2 Bed 5`- 15 ' 1,505 1 Bed+toft ;Live/work units (10) Vehicular access would be provided by one driveway on Grove Street and one main driveway on La Palma Avenue. ' A 60 foot wide private streetis proposed with 5-foot wide andscapedparkways on bothsdes, 28-foot wide street, 8-foot wide parallel parking spaces, and 6-foot wide sidewalk;on one side adjacent to the live/work units. Nosidewalk is'proposed adjacent to the railroad tracks. Code requires a 56 foot wide street with idewalks on both sides of the street. The sfte plan:indicates-740 on-site parking spaces within the three parking levels. !Due to variations in parking demand and unique needs of mixed-use p~bjects,'vehicle parking requirements and the designof the;parking areas, inoluding ingress and egress, are determined as part of the conditional. use permit process based upon information contained in a parking demand studyp~epared by an independent raffic engineer. The study indicates that. the minimum number of spaces to accommodate the complex 1s 560 an-site spaces. Since 740 spaces are proposed, the parking demand ,would be exceeded by ] 80 spaces. For comparison purposes, he required parking for mixed use developments within the Platinum Triangle Overlay Zone would be 568 spaces Page 3 Staff Report to the Planning Commission October 2, 2006 Item No. 6 Staff Report to the Planning Commission October 2, 2006 Item No. 6 ~. -If I'q ~ ~ r ~~~~~~~~_~_~_~~. . - - - - ~ ~----4~,~ "I- 6 .q Sectional view of building (14) .The landscape plans (Exhibit Nos. 20 - 24) indicate a mixture of 24- and 36-inch box trees. arranged within the landscaped setback along the private street and interior;private courtyards between the buildings.:: Trees and shrubbery arealsoproposed within the street setback adjacent to La Palma Avenue and Grove Street. 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. Alayered lendscaped heme is required to provide depth and variety within the landscapedsetback. Code further requires that 50% of all shrubbery be'a minimum of five gellon in size at the time of planting. In addition to the on-site landscaping provided, the applicant will be required to landscape theparkways that will be provided along the public street with a combination of gees and groundcover. The on-site .property management would be responsible for maintaining the parkway andscaping. The submitted plans comply with code for landscaping. Landscaping. on the,podium deck .includes a decorative hardscapesurtace, water features, and raised planters with 24-inch box Palm,.Orchid, Flame, Sweetshade, and Umbrella trees. As a recommended condition of approval,: the applicant would be requiredto submit final detailed landscape plans for staff review including detailed plans for the treatment of the podium deck. (15) .Since this project is a transit oriented development, the landscape plan further indicates a pedestrian plaza with a fountain, palm trees,;and decorative hardscape elements at the northeast comer of the property adjacent to the railroad tracks.: The plan also shows S-foot high block walls along the south. and west property lines adjacent to industrial uses, and 6- foothigh decorative metal fencing along the east property line adjacent to the railroad tracks in compliance. with code requirements. ENVIRONMENTAL IMPACT ANALYSIS: (16) A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration (MND} was circulated to ,public agencies and.interested. parties on August 17,2006, fora 30-day comment period. The NOI, Initial Study, and MMP analyzed environmental issues. associated with the project, including: AestheticsNisual, Air QualRy, Biological Resources, Cultures Resources, Geology and Soils, Hydrology and WatecQuality, Land Use and Planning, Noise, Transportationlfraffic,;Utilities/Service Systems, and Cumulative Impacts. Based on a review of hese issue areas, the Initial Study/MND concluded that through. project design features and/or mitigation measures, all:impacts could be mitigated. (17) Based on the analysis contained in the Initial Study for the proposed project, a copy of which has been provided to the Planning Commission and is available for review in the Planning [)epartment, tall finds that with the incorporation of mitigation measures set forth in the Mitigation Monitoring Plan. No. 140 and the project design features; no significant environmental impacts would result from the proposed project and, therefore, recommends that a Mitigated Negative Declaration be approved upon a finding by the. Planning Page 5 Staff Report to the Planning Commission October 2, 2006 item No. 6 Commission that the Mitigated Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Mttigated 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 thepmject will have a significant effect on the environment. EVALUATION: (18) The Anaheim General Plan designates the property for Mixed Use land uses. The applicant proposes to construct a 312 unit single family attached condominium project with 39 live/work units at a density of 60 dwelling units per acre,`consistent with the type of housing envisioned for this transit-oriented area. The General Plan Land Use Element includes the following goals and poiicies'to encourage infill housing and mixed use developments near transit centers:.. Goal 2.1: 'Continue to provide a variety of quality housing opportunities to address the City's diverse housing needs. Policies: `i) .Facilitate new residential development on vacant or underutilized infill parcels. ''2) Facilitate new residential development in The PlatinumTriangle and Downtown. 3) Facjlitate the conversion of the City's. uhderutilized strip commercial areas into new housing opportunity sites.- 4) Encourage the development and integratiohof residential land uses into mixed use development where appropriate. ',5) Encourage a miz of quality housing opportunities in employment-rich and transit aooess ibis' locations. 6) Ensure quality development through appropriate development standards and by adherence to related Community Design Element'policies and guidelines. GOAL 5.1: Create and enhance dynamic, identifieble places for the benefit of Anaheim residents, employees and'visftors. Policies:; 1) :.Encourage mixed-use and commercial development that providesr a) .Safe, protected places forpedestrians to walk; b) Attractive surroundings; c) Opportunities for social interaction; d) "Comfortable places td si# and relax; and e) Interpiaybetweeh the interior uses of bulldings and outdooractivities, such as sidewalk cafes or?tastefully designed outdoor merchandise displays. 2) Facilitate the development of residential land uses into mixed-use areas to provide a consumerand employment base for commercial and office uses. 3) Mixed-use end commercial centers should be physically linked with'adjacent residential 'neighborhoods. 4) Promote deuelopment4hat is efficient, pedestrian-friendly, and served by a variety of transportation options.' GOAL 7.1: _. Address the jobs-housing telationship bydeveloping housing near job centers and transportation facilities. Policies: Page 6 Staff Report to the Planning Commission October 2, 2006 Item No. 6 1)_, address the jobs-housing balance through the development of housing in proximity to local job centers. 2) :;Develop housing that addresses the need of the. City's diverse employment base. 3) ;Promotenew residential development within Downtown, The Platinum Triangle, and .other mixed-use districts, in accordance with the Land Use Plan. 4) Continue o pursue infill residential development opportunities at mid-block locations along the City's erterial streets as an alternative to underutilized commercial land uses. (19) The applicanttequestsareclassification from the SP 94-1, D.A. 4 (Northeast Area Specific Plan tJo. 94-1; Transit Core Area) to the SP 94-1,`D.A. 4 (MU).(Northeast Area Specific Plan No. 94-1; Transit Core Area; Mixed Use Overlay) zone to construct a 312 unit single .:family attached condominium project with 39 live/work units. The request for a residential project and reclassification to the SP 94.1-D.A. 4 (MU) zone would be consistent with the Mixed Use land use designation in the General Plan. The proposed mixed use zoning ciassffication for this area would,complement and support the existing and proposed .development in the Canyon area, the goals and objectives of the Merged Redevelopment Project Area, snd ongoing City programs identified inAnaheim's Housing :Element. (20) Waiver (a) pertains to required improvement of private street. Public Works Standard Detail No. 162, pertaining to right-of-way design fora 2-lane Private (residential) Street, requires a width of 56 feet to include parkways and sidewalks on both sides of the street. Plans indicate a 60-foot wide private street with a sidewalk on one side of the street..Since no pedestrian activity isanticipated on the east side of the street,(adjacent tothe railroad tracks), Public Works Department. staff supports the applicant's. request for#his private street standard waives The parkway and sidewalk improvements would tie installed by the developer and privately maintained. (21) Waiver (b) pertains to sound attenuation for residential projects. Code requires exterior noise within common recreation. areas of any single family attached projecfto be .attenuated to not exceed a maximum of 65 dB CNEL, (Community Noise,Equivalent Level). The CNEL accounts forsingle event noise as part of a 24-hour time-weighted average. Interior noise levels shall be attenuated to a maximum'of 45 dB CNEL. `Based on a noise study prepared by Urban Crossroads dated March 24,2006, for he existing railroad track along the east side of he property, the worst case unmitigated noise exposure would be ;approximately 74 d8 CNEL. Tp reduce exterior noiseJevels, theAedevelopment Agency is in the process of creating a "Quiet Zone" at grade crossings near he site. The purpose of a Quiet Zone is to eliminate the use of train. horns at each of the crossings, which is a large contributorto the single-event noise levels generated,by the train.. The Agency will. be ,required to construct new vehicular and pedestrian barriers at each crossing. Since the property has a narrow lot depth that would make it difficult to construct a condominium ,project without the need for this sound attenuation waiver,' and since the Agency proposes to establish a Quiet Zone at,adjacent grade crossings,,and thereby further reduce sound Tevels at the subject site, staff recommends approval of this waiver. With respect to interior noise, the,applicant proposes to comply with the required 45 dB CNEL standard by .installing double glazed windows with a maximum acoustical rating. With the appropriate sound transmission control glass as identified in the sound study, the interior. noise levels would comply with Code requirements. (22) Waiver (c) pertaining to maximum fence height has been deleted subsequent to advertisement because plans have been revised to comply with code. _ (23) The applicant also requests a conditional use permit to construct a 312 unit single family attached condominium project with 39 live/work units.'Mixed use projects are permitted in the SP94-1, D.A. 4 (MU) zone, subject to the approval of a conditional_use permit under authority of Code Section 18.32.040.0402.. The project would provide residential uses in Page 7 Staff Report to the Planning Commission. October 2, 2006 :Item PJo. 6 the Canyon area as a means to create an active street life, enhance the vitality of businesses, and reduce the need for automobile travel in this area. `In addition., the project would provide additional housing options for residents who want to live near their workplace :and/or near a transit center. Therefore,: staff recommends approval of this conditional use permit request. (24) 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. Plans indicate that the 39 "live/work units would occupy 1-0perceM of the overall flobrarea of the condominium <complex in compliance with the minimum FAR requirement. (25) As mentioned above, plansindicate building to building setbacks ranging between 44 to 78 'feet in the courtyards and 20-foot wide corridors between each complex: Code requires a %:minimum building wall separation of 50 feet at the courtyards and 30 feet at the corridors... Modification of this development standard is allowed in order to promote increased pedestrian activity, provide for a unified street frontage, ensure private and light for residential uses, provide for public spaces and promote compatibility with existing development as outlined in Code Section 18.32.070.020. For comparison purposes, mixed "use developments in the Platinum Triangle are required to provide minimum 40-foot wide courtyards and 20 feet between separate buildings: Staff believes the'proposed building to building setbackswould be adequate since the setbacks are comparable to similar mixed use developments in the Platinum Triangle and would comply with thebuilding separation requirements in the PTMU Overlay zone: Moreover, the buildings are well articulated; adequateprivacyond light fs provided for the residential units; the complex would exceed -'the amount of recreational space required by code;`and the project world achieve a good project designed topreserve and enhance the area. FINDINGS: (26) When practical difficulties or unnecessary hardships result from strict enforcement of the `Zoning Code, a modification maybe granted for the purpose of assuring that no property, because of speciatcircumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinttyand zone.=The sole purpose of any variance is to prevent discrimination'and none shall be approved which would have the effect ofgranting a special privilege not shared by other similar properties.' Therefore, before any variance is granted by the Commissibn, it shalt be shown: {a) That there are special circumstances applicable to the property such assize, shape, topdgraphy, location or surroundings, which do not apply to other identically zoned ? properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges. enjoyed by otherproperties in identical zoning classification in the vicinity.` (27) The Planning Commission may grant exemptions from all or any portion of the requirements imposed by Code Section 18.40:060.020 "Dedication of Right-of-Way' in accordance with the. procedures established in Chapter 18.60 (Procedures) #or the ' processing of variances except that the findings set forth in Section 16.74.060 (Findings) of Chapter 18.74 (Variances) shall not be required and provided that before any such ' exemption is grantedby the Planning Commission'it shall be shown that either. -- (a) There is no reasonable relationship between the need for the required dedication and improvements and the'type of development project on which such requirements are imposed; or '' Page 8 Staff Report to the Planning Commission October 2, 2006. Item No. 6 (b), The cost of the rdquired dedication and improvements unreasonablysxceeds the burdeh or impact created by the development project. (28) .Before the Commission grantsany conditional use permit, it must make afinding of fact hat 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, dais an unlisted use as defined in Subsectioh .030 (Unlisted Uses Permitted) df Section 18.66,040 (Approval Authority); (b) That the use will not adversely affecEthe adjoining land uses or the growth and development dithd area in which it is proposed td be located; (d) ` That the size and shape df the site for the use is adequate'to allow the full development of the proposed use in a manner not detrimental td the particular 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 td parry the traffid ih the area; and (e) That the granting;df the conditional use permit under the conditions imposed, if any, ' will hdtbe detrimental to the health and safety dithe citizens df the City of Anaheim. (29) The State Subdivision Map Act (Gdvemment Code, Section 66473.5) makes it mandatory to include iRail motions`approving, or recommending approval of a tract map, a specific fjnding that the proposed Subdivision together with its design. and improvement is donsistent with the City's Gendral Plan. Further, the law requires that the Commissidh make any of the following findings when denying or recommending denial: df a tract map: t.' That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is hot consistent with applidable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish dr wildlife or their habitat. 6. That the design pf the subdivision dcthe type of improvements is likely to cause serious public hdalth problems. 7. That the design of the subdivision drthe type of improvements will conflict with easements, acquired by the public at large, for access through. or use of property within. the proposed subdivision." RECOMMENDATION: (30) .Staff recommends that, unless additional or contrary information. is received during the meeting, and based upon the evidence submitted to the Planning Commission, including Page 9 Staff Report to the Planning Commission October 2, 2006 Item No. 6 ?the evidence presented in this staff report, and oral and written evidence presented. at the public hearing, the Planning Commissibh take the following actions: " ' ja) Bymotion, approve a CEQA Mitigated Negative Declaration and Mitigation Monitoring Plan No. 140 based on the finding that potentially significant impacts have been eliminated or reduced to a level considered less than significant; and that there is no substantial evidence that the. project will have a significant effect on the environment. {b) , By resolution, approve Reclassification No. 2006-00179 to reclassify the subject property from .the SP 94-1, D.A. 4{Northeast Area Specific Plan; Transit Cpre Area) to the SP 94-1, D.A. 4 (MU) (Northeast Area Specific Plan; Transit Core Area; Mixed Use Overlay) zone, by adopting the attached resolution including the findings and conditions contained therein. (c) By resolution, approve Conditional Use Permit No. 2006-05109 to construct a 312 unit single family attached condominium project with 39 live/work units; by adopting the attached resolution including. the findings: and conditions contained therein. {d} By motion;'aoprove Tentative Tract Map No<16943 to establish a 312 unit airspace attached single family residential condominium complex based upon the attached conditions of approval and findings that the design and improvement of the subdivision are consistent withthe General Plan, and the site is physically suitable for .the. type and density of the proposed development. Page 10 [~~~] RESOLUTION NO. PC2006--°" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2006-00179 BE GRANTED (3530 - 3540 EAST LA PALMA AVENUE) 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: Legal descripPion to be inserted. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 2, 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 "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 lts 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 SP 94-1, D.A. 4 (Northeast Area Specific Plan No. 94-1; Transit Core Area) to the SP 94-1, D.A. 4 (MU) (Northeast Area Specific Plan No. 94-1; Transit Core Area; Mixed Use Overlay) zone. 2. That the Anaheim General Plan designates the property for Mixed Use land uses and the proposed SP94-1, D.A. 4 (MU) zone is the appropriate implementation zone for this land use designation. 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 Canyon Area. 5. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That. the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Program upon finding that the declaration reflects the independentjudgment of the lead agency and that it has considered the Mitigated Negative Declaration and together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial. evidence that the project will have a significant effect on the environment NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the SP 94-1, D.A. 4 (Northeast Area. Specific Plan No. 94-1; Transit Core Area) zone and to incorporate said described property into the SP 94-1, D.A. 4 (MU) (Northeast Area Specific Plan No. 94-1; Transit Core Area; 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 orderto preserve the safety and general welfare of the Citizens of the City of Anaheim: CR\PC2006- -1- PC2006- 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. That the approval of Reclassification No. 2006-00179 is granted subject to the approval of Conditional Use Permit No. 2006-05109, now pending. 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 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 October 2, 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 October 2, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERSc ABSENT: COMMISSIONERS; 2006. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2006- [®f2,4FT] RESOLUTION NO. PC2006--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION. FOR CONDITIONAL USE PERMIT NO. 2006-05109 BE GRANTED (3530 - 3540 EAST LA PALMA AVENUE) 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: Legal description to be inserted. WHEREAS, the Planning Commission did hold. a public hearing at the Civic Center in the City of Anaheim on October 2,.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 Cade, 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 312 unit single family attached condominium project with. 39 live/work units is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.32.030.040.0402 (Dwellings.- Single-Family Attached), 1.8.32.030.080 and 18.32.030.120 with the following waivers: (a) SECTION NO. 18.40.060.030 (b) SECTION NO. 18.40.090 (c), SECTION NO. 18.46.010.030 Imorovement of private street. 56-foot wide street with sidewalks and parkways on both sides required; 60-foot wide street with no sidewalk on one side proposed). Sound attenuation for residential developments. (65 d8 CNEL required for recreational areas; 74 dB CNEL proposed). Maximum wall heioht. (Deleted) 2. That waiver (a) is hereby approved since no pedestrian activity is anticipated on the east side of the street (adjacent to the railroad tracks) Public Works Department staff supports the applicant's request for this private street standard waiver because there is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed. 3. That waiver (b) is hereby approved since the property has a narrow lot depth that would make it difficult to construct a condominium project without the need for this sound attenuation waiver, and further since the Redevelopment Agency proposes to establish a Quiet Zone at adjacent grade crossings and thereby further reduce sound levels at the subject site. 4. That waiver (c) is hereby denied since it has been deleted subsequent to advertisement. 5. That the proposed project is compatible with existing and surrounding land uses and maintains good overall project design. Cr\PC2006-52 -1- PC2006-52 6. 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. 7. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 8. 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. 9. 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 a 312 unit single family attached condominium. project with 39 live/work units; and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Program upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration and. 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 existing driveway approaches on La Palma Avenue shall be removed and replaced with curb, gutter, parkway landscaping., and sidewalk. A Right-of-Way Construction Permit shall be obtained from the Public Works Department. Said ihformatioh shall be specifically shown on plans submitted for building permits. 2. 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 Plan that: m 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. m Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. Incorporates Treatment Control BMPs as defined in the DAMP. m Describesthe long-term operation and maintenance requirements for the Treatment Control BMPs. m 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. 3. That prior to issuance of a certificate of occupancy, the applicant shalC Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. a ~ Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP. Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. e ` Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. -2- PC2006-52 4. That all driveways shalt be constructetl with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 5. That gates shalt not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approvaf of the Planning Services Division prior to issuance of a building permit. 6. That the developer shall remove and/or relocate any traffic signal equipment or any other related item to the traffic signal if the project requires street widening or modification of any driveways. 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 shalt be submitted to the Planning Services Division for review and. approval showing conformance with the current version of Engineering Standard Plan Nos. 4028, 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 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 minimuml-gallorsize clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shalt 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. 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 pennits. 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. A minimum of two (2) connections to public water mains shall be required. A minimum clearance of ten (10) feet shall be provided between any sewer and water lines. Any water line shall be located a minimum of five (5) feet from the curb line of the street. Water looping inside the project shall be required. 16. That all existing. water services and fire lines shall conform to current Water Services Standards Specifications. Any water service andlor fire line that does not meet current standards shall be upgraded if -3- PC2006-52 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 shalF 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 shall 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 irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 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 approvaF. 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 shall be submitted to the Water Engineering Division for approval and a perfonnance 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 prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shale 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 provide the Ciry of Anaheim with a public utilities easement to be determined as electrical design is completed. 24. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and/or hardscape screening of all pad mounted equipment shall be required and shall be shown on plans submitted for building permits. 25. 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 discovery. 26. 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. 27. 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 La Palma Avenue. 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 spec~cally shown on plans submitted for building permits. -4- PC2006-52 28. 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 infomtation shall be specifically shown on the plans submitted for building permits. 29. That all dwelling units shall be assigned street addresses, and all private streets shalt be assigned street names,. by the Planning Department. 30. 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 24-inch 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 or the planter area. Any decision made by the Planning Department 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. on the plans submitted for building permits. 3t. That the approval of Conditional Use Permit No. 2006-05109 is hereby granted subject to the approval of, and finalization of, Reclassification No. 2006-00179, now pending. 32. That the property owner shall submit a letter to the Planning Department requesting termination of Conditional Use Permit No. 3689 (to permit an indoor volleyball training center with waiver of minimum number of parking spaces). 33. That subject property shall be developed substantially in accordance with plans. and specifications submitted to the City of Anaheim by the applicant and which plans are on file with. the Planning Department marked Exhibit Nos. 1 through 26, and as conditioned herein. 34. 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. 2, above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170. 35. 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. i, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 17, 18, 20, 27, 28, 29, 30 and 32, 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. 36. That prior to final building and zoning inspections, Condition Nos. 3 and 33, above-mentioned, shall be complied with. 37. 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. 38. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (fi) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that 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. -5- PC2006-52 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 alt 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 October 2, 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 maybe 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 October 2, 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 -6- PC2006-52 City of Anaheim ~LAI~I~>[I~G ~>E~AI~')<'1~>E';I~t'lC October 2, 2006 La Palma Real Estate LLC 160 Newport Center Drive, Suite 240 Newport Beach, GA 92660 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of October 2, 2006. 6a. CEQA MITIGATED NEGATIVE DECLARATION AND wviw.anaheimnel 6b. RECLASSIFICATION NO. 2006-00179 6c. WAIVER OF CODE REQUIREMENT 6c. CONDITIONAL USE PERMIT NO. 2006-05109 6d. TENTATIVE TRACT MAP NO: 1.6943 Owner: La Palma Real Estate LLC, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660 Agent: T & B Planning Consultants, 17542 East 17th Street, Suite 10D, Tustin, CA 92780 Location:. This 5.2-acre parcel has a frontage of 410 feet on the south side of La Palma Avenue, a maximum depth of 800 feet, and is located 270 feet east of the centerline of Grove Street (3530 - 3540 East La Palma Avenue). Reclassification No. 2006-00179 -request to reclassify the subject property from the SP 94- 1, D.A. 4 (Northeast Area Specific Plan No. 94-1; Transit Core Area) to the SP 94-1, D.A. 4 (MU) (Northeast Area Specific Plan No. 94-1; Transit Core Area; Mixed Use Overlay) zone. Conditional Use Permit No. 2006-05109 -request to construct a 312 unit single family attached condominium project with 39 live/work units under authority of Code Section 18.32.030.120 with waivers of improvement of private street and sound attenuation in residential projects. Tentative Tract Map No. 16943 -Request to establish a 312 unit airspace attached single family residential condominium complex. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a 312 unit airspace attached single family residential condominium complex and does hereby approve the Mitigated Negative Declaration and the associated Mitigation Monitoring Plan No. 140 upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative Declaration and 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 209 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, are consistent with the General Plan, and the site is physically suitable for the type and density of the proposed development, and does therefore approve Tentative Tract Map No, 16943, to establish a 312 unit airspace attached single family residential condominium complex subject to the following conditions: 1. That the final map shalt be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim (Water Engineering Division) an easement twenty (20) feet in width for water service mains and/or an easement for-large meters and other public water facilities. 3. That prior to final map approval, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 4. That prior to issuance of the first building permit, excluding mode! homes, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 5. That prior to final map approval, all units shall be assigned street addresses by the Building Division. 6. .That approval of this tract map is granted subject to the approval of Conditional Use Permit No. 2006-05109, now pending. 7. That approval of this tract map is granted subject to the approval of Reclassification No. 2006-00179, now pending 8. That prior to final tract map approval, Condition Nos. 2, 3 and 5, above-mentioned, shall be complied with. 9. 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. Sincerely, Eleanor Morris, Senior Secretary ---- Anaheim Planning Commission TTM16943_Excerpt Attachment -Item No. 6 RESPONSE TO COMMENTS I. INTRODUCTION An Initial Study was prepared by the City of Anaheim (City) in accordance with the California Environmental Quality Act (CEQA), as amended, to evaluate the potential environmental effects associated with implementation of The Crossing at Anaheim residential development. The Initial Study assessed the project's potential for significant environmental impacts for each environmental category listed in the City of Anaheim's adopted Environmental Checklist Form. Mitigation measures were developed as needed to reduce potentially significant effects of the project to a less than significant level. Based on the conclusions of the Initial Study, the City intends to adopt a Mitigated Negative Declaration (MND) for the proposed project. The Initial Study was submitted to the State Clearinghouse, Governor's Office of Planning and Research, and circulated for public review on August ZI, 2006. A Notice of Intent to Adopt a Mitigated Negative Declaration was circulated with the Initial Study. The Notice of Intent was also mailed to property owners within 300 feet of .the project site [Note to City: Please verify radius]. The 30-day comment period required by CEQA Guidelines Section 15073(b) concluded on September 19; 2006. II. COMMENT LETTERS In accordance with CEQA Guidelines Section 15074(b), prior to approving a project, the decision-making body of the lead agency shall consider the proposed negative declaration or mitigated negative declaration together with any comments received during the public review process. The decision-making body shall adopt. the proposed negative declaration or mitigated negative declaration only if it finds on the basis of the whole record before it (including the Initial Study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and. that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis. The City received a total of three comment letters during the public review period. These letters include submissions from one state agency, one regional agency, and one special interest group. Copies of the original comment letters are included on the subsequent pages. Each comment letter is followed by a response from City staff. None of the comments made on the Initial Study, or changes made to the Initial Study based on the comments, affect the original conclusions related to potential environmental significance that were drawn in the Initial Study. "_."" City ofAneheim The Crossing et Anaheim PCa Services Corporation Sepkmber 2006 Page 1 STATE PUBLIC l1TILfTiES COMMISSION 320lNEST 4"'STREET, SWTE She LOS ANGELES, CA 90013 September 15, 2006 David See City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Dear Mr. See: Re: SCH~ 2006081 117; The Crossing at Anaheim IOLD S G-94{Af?ZENEGGER, Govemo~ S '~ 1a~ ;,~. 5 4;i` . SEP 2006 - ~= r,.~~p "° FiEC-.v::O ~'~ PLAN'N;NG ' OEPA%rNENT .,~~ As the state agency responsible for rail safety within California, we recommend that any development projects planned adjacent to or near the Southern California Regipnal Rail Authority's (SCRRA) Olive Subdivision right-of--way be planned with the safety of the rail corridor in mind. New developments may increase traffic volumes not only on streets and at intersections, but also at at-grade highway-rail crossings. This includes considering pedestrian circulation patterns/destinations with respect to railroadright-of--way. Safety factors to consider include, but are not limited to, the planning for grade separations for major thoroughfares, improvements to existing at-grade highway-rail crossings due to increase in traffic volumes and appropriate fencing to limit the access of trespassers onto the railroad right-of- way. The above-mentioned safety improvements should be considered when approval is sought for the new development. Working witfi Commission staff early in the conceptual design phase will help improve the safety to motorists and pedestrians in the City. Please advise us on the status of the project. If you have any questions in this matter,. please contact me at (213) 576-7078 or at rxmncnuaca.gov. Sinc I i k Rosa uiioz, ~~J Utilities Engineer Rail Crossings Engirieeriiig' Sectioh - ~ °~ ' ` Co'nsuriidiProteetiori&SafetyDivisiori-'" ~' `'` ~"'''~''`'?`~~` .r~ ... ._..... C: RoB'Hari•is'SCRR"A ' _. ---- - Laurene-Lopez; SCRRA Response to Comments Date Received: September 15, 2006 Rosa Munoz, PE Consumer Protection & Engineering Section Public Utilities Commission 320 West 4°' Street, Suite 500 Los Angeles; California 90013 R);: SCH# 2006081117; The Crossing at Anaheim Response The Public Utilities Commission (PUC) recommended that the project take into consideration the safety of the rail corridor with regard to both vehicular and pedestrian traffic near the railroad right-of--way.. _ As discussed in Section 4., Explanation of Checklist Determination of the Initial Study (specifically the Transportation and Traffic and Aesthetics sections),. the proposed project includes design features that would assist in ensuring the safety of the rail corridor. With respect to pedestrian traffic, the project proposes asix-foot fence along the eastern edge of the project site which would separate the residential development from the railroad right-of--way. The project also locates a private street nearest the rail corridor, which would also act as a buffer near the railroad right-of--way, With regard to vehicular traffic, Mitigation Measure TR-3 in the Initial Study requires the installation of a raised median along East La Patma Avenue extending west from the train tracks to Grove Street in compliance with the Federal Railroad Administration's Train Horn. Rule. Implementation of Phis mitigation would assist in preventing back-up of traffic along La Palma Avenue near the railway that could potentially influence rail safety. Additionally, an area in the northeast corner of .the project site has been planned to address future development of a pedestrian bridge that would connect the project site to the Anaheim Canyon Metrolink Station. This area is designated on Figure 2-5 of the Initial Study as the Plaza area that would contain a water fountain feature. Although development of the pedestrian bridge is not proposed as part of the project, it could be accommodated at this location in the future. '-"` City of Anaheim The Crossing al AnahNm PCR Scrvi<es Corpororion September2006 Page 3 1't4Z5 ~ ,~ b m ®~°~°~ ~ U~~~\~ ~ September 18, 2006 ¢-Q.~,~ L ;" EtprIRD t)I=DIREC7DI7i 0 CS' P. ~~'' c, Dr;~ ~I ( '~' "'0""Otlro"" 1 , David See C:hainn;n; City of Anaheim Planning Department `nr"'r'O'"~"`''° vi°rrra;r 200 South Anaheim Boulevard Anaheim, CA 92805 Palnr Gerr,: fiirc:.lur si??Cdn,pbal; Subject: Notice of intent to adopt a Mitigated Negative Declaration for the nnnclnr Crossing at Anaheim Project L°u Ccrrea D`'°"°r Dear Mr. See: kiclinrd?..-Gixun °i`°"°` The Orange County Transportation Authority (OCTA) has reviewed MiG,acl°"~" the above-mentioned document. The following comments are provided Duecfar for your consideration: Cathy Green DIR'rl°I' - 1. Orange County Metrolink Service Gary,4I°nahan Rirrcr°r c.,,r;,;,,,,~Y Metrolink currently operates sixteen daily trips fo the Anaheim Canyon u7ecYOr Train Station. adjacent to your proposed project. Service is expected Cun Pdn9le to increase by two trains per day by the year 2020, and by ten °f'°°'°r additional trains by the year 2030. d4ignel A. Fulid° Uimcl°r 6°.~~n Ri~achel 2. Future Infrastructure Imarovements at the Anaheim Canvon Station Rirarror ?hark paver, Ulrx-1°r The design and construction of the Crossing at Anaheim should not preclude future construction of a second railroad track and platform, JamesWSllm Rvectnr as well as consider an allowance fora landing pad for a future T pedestrian bridge. Please contact ..Metrolink directly foc._.additionat homas W. W?ISnn Rirecrnr comments. Gragnry T. Winlerbalf°rn °i"'°'°r If you have and questions regarding this transmittal, or need further Clndv Cnnn information, please contact me at (714) 560-5683 or via a-mail at Ga~mm°r, Ea-OlfiGo Member clarwood.@octa.net. ;Ffl£F EXECURVF_CFFICE Sm Frlhur T. Leahy ~ J ::hie(Ex°cu!iva Olficer ~ " l. Charles Larwood Section Manager, Corridor Studies c: Abbe McClenahan, OCTA Orange County Transportation Authnrify 550 South hfain Street / P.O. Qox 14184 /Orange /California 92863-1.564 / (i 14) 566-OCTA !6282) to Comments Date Received: September 18, 2006 Charles Larwood Section Manager, Corridor Studies Orange County Transportation Authority S00 South Main Street/P.O. Box 14] 84 Orange, California 92863-1584 RE: Notice of Intent to Adopt a Mitigated Negative Declaration for the Crossing at Anaheim Project Resaonse Item No. l of Orange County Transportation Authoritys (OCTA) letter notes the number of existing Metrolink trains that pass through the Anaheim Canyon Metrolink Station adjacent to the project site as well as the number of future projected trains. The comment is noted. This information does not change the original conclusions made in the Initial Study related to potential environmental significance with regard to noise and groundboume vibration. Item No. 2 states that the project should not preclude the .construction of future improvements to the Anaheim. Canyon Metrolink Station including a pedestrian bridge that crosses the project site. The project would not preclude the construction of future improvements to the Anaheim Canyon Metrolink Station including a pedestrian. bridge. An area in the northeast corner of the project site has been designated for the future .development of a pedestria~~ bridge that would connect the project site to the Anaheim Canyon Metrolink Station. This area is designated on Figure 2-5 of the Initial Study as the plaza area that would contain a water fountain feature. Although development of the pedestrian bridge is not proposed as part of the project, it could be accommodated at this location in the future. --~° City afAnnheim The Crossing nt Annhcim PCR Services Corpamtion Seplnmber 2006 Page 5 C'C A P.l). Box 54132 Irvine, C.A 92619-4132 www.ccrua.wm California Cultural 12esource Preservation p+lliance, Inc. An alliance of American Indian and scienti5c communities working for the preservation of archaeological sites and other cultural resources. September ].9.2006 Mr. David See City of Anaheim Planning Department 200 South Anaheim Boulevazd Anaheim, CA 92805 Re: Notice of Intent to of the Initial Study(Mitigated Negative Declazation, Initial Study, The Crossing at Anaheim (August 2006) Thank you for the opportunity to review this document. The planned mitigation and protection provisions, CR-1 and CR-3 are for the most part consistent with our recommendations and standard practice. They should be appropriate for routine measures as well as most unanticipated occurrences. However, since no archaeological survey of the proposed construction site has been possible due to pavement covering the azea, and since the 5+ acres to be developed aze in an area deemed to be moderately sensitive archaeologically and for human remains, we request that should important or extensive cultural remains be revealed, where possible; every effort be made to cap the site and preserve it or portions of it under open space or paved areas incorporated into the development. Preservation should be considered as the first and preferable option when dealing with cultural resources. It is also frequently the most economical option for the developer. The CCRPA is pleased to work with the City of Anaheim on cultural resource issues. Please let us know if we can be of further assistance. Sincerely, Virginia Bickford Secretary; CCRPA on behalf of the Board of Directors Response to Comments Date Received: September 19, 2006 Virginia Bickford Secretary on behalf of the Board of Directors California Cultural Resource Preservation Alliance, Inc. P.O. Box 54132 Irvine, Califomia 92619-4132 RE: Notice of Intent to Adopt a Mitigated Negative Declaration for the Crossing at Anaheim Project Response The California Cultural Resource Preservation Alliance, Inc. (CCRPA) commented that since no archaeological survey of the proposed construction site has been possible due to pavement covering the area, and since the ~+ acres to be developed are in an area deemed to be moderately sensitive archaeologically and for human remains, should important or extensive . cultural remains be revealed, where possible, every effort should be made to cap the site and preserve it, or portions of it, under open space or paved areas incorporated into development. Mitigation Measures CR-I through CR-3 were recommended in the Draft Initial Study to ensure that potential adverse impacts related to cultural resources would be reduced to a less than significant level. Mitigation Measures CR-1 and CR-3 have been revised as follows to address the request of the CCRPA: Measure CR-1: After the removal of the pavement currently covering the project site, a qualified archaeologist shall be retained by the Applicant and approved by the City of Anaheim to perform a site inspection of the ground. beneath the pavement. This inspection shall include a survey of exposed ground surfaces, and may include sample screening of sediment disturbed by the parking lot removal and limited sub-surface testing if deemed appropriate by the qualified archaeologist. If archaeological resources are identified, the archaeologist shall have the authority to halt constmction within the immediate area and assess the find. Should important or extensive archaeological remains be revealed where uossible every effort shall be made to cap the area and preserve it or portions of it under open space or paved azeas incorporated into the development. If no archaeological resources. are identified as a result of this sampling effort, a qualified archaeologist should still be retained to monitor all subsurface excavation associated with this project. The archaeologist will prepare a report summarizing the results of the investigation including documentation and significance assessment of those cultural resources encountered, if any. A copy of the report shall be provided to the City of Anaheim and the Applicant. The resources and. a copy of the report shall be deposited in an accredited curation facility. "" "' Cily aCAnaheim The Crossing at Anaheim PCIt Services Co[pom[ion Sepkmber 2006 Page 7 Response to Comments Measure ClZ-3: If human remains are unearthed during construction activities, State Health and Safety Code Section 7050.5 requires that no further disturbance shall. occur until the County Coroner has made the necessary findings as to origin and disposition pursuant to Public Resources Code Section 5097.98. if the remains are determined to be of Native American descent, the coroner has 24 hours to notify the Native American Heritage Commission (NAHC). The NAHC will identify the person(s) thought to be the Most Likely Descendent of the deceased Native American; who will be consulted with respect to determining the most appropriate course of action for managing the remains. Everv effort shall be made to cap the area and preserve it, or portions of it, under open space or paved areas incorporated into the development as appropriate. The revisions reflected above do not constitute substantial revisions that would alter the outcome of ttre environmental analysis or require recirculation of the document (CEQA Guidelines Section 15073.5). "~" ~' City afAmheim The Crossing at Anaheim PCR Services Corpomlian September 2006 Page 8 SOUTHENN CALIFORNIA ASSOCIATION Of GOVERNMENTS Main Offlce 878 West Seventh Street 12th floor September 25, 2006 Mr. David See City of Anaheim, Planning. Department 200 S. Anaheim Boulevard Anaheim, CA 92805 ti i~+ .~ SEP 200fi RECEIVED P~LP4laNlNG RFfiF47di Los Angeles, Callfornla RE:. SCAGClearinghouse No. 120060573The Crossing at.Anaheim 90017-3435 Dear Mr. See: [(273)236-7800 f(213123CrIE25 Thank you for submitting The Crossing at Anaheim for review and comment. As areawide clearinghouse for regionally significant projects, SCAG reviews the V+s'+++xa9~Cm8aV consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's responsibilities as a regional planning organization Offkera: Prtsidenc Yvonne 0. BmYe Los AngtlesWlmlY•hialMePaevuenClary uviN. pursuant to state and federal laws and regulations. Guidance provided by sang=mama°m~mlv•s~°ndylanP,le<"I: these reviews is intended to assist local agencies and project sponsors to take AiMaN Oimn, lake Final • Immediak Pml Pfal^¢nC,n^iyn°myPmlNcesmm¢ actions that contribute to the attainment of regional goals and. policies. Impnlal County: Vltmf (aMlly, Imyetlal mumy -las fdneY, fl f<mm lm Angeles County: Yaonne B. Rule, las We have reviewed The Crossing at Anaheim, and have determined that the Angeles[wnry•y¢vYafmlavMy.LaAngeles ro osed Proect is not re ionall si nificant er SCAG Inter ovemmental Review [aunty dim AldNgePManhalpn Bmth•Hafry P P 1 9 Y 9 P 9 Baldwin, San Layd¢f•Pam Bw.Aem (mrtas• (IGR) Criteria and California Environmental Quality Act (CEQA) Guidelines ivdd (amptell, BmWnl • kny (Mews, Las Angelea • sMn ca:fml. Ea HaBm "=Iq"° • (Section 15206). Therefore, the proposed Project does not warrant comments at Malgar¢a (IoM, Fosemea0 Uew Navlmi, Paramvum-Mlle Dliptnq Palmdale •ludY this fime. Should there be a change in the scope of the proposed Project, we BimbP.Inglearvad•NaeuabeBM.luny0eash• Bavld Lafiry pvwney~Lltfultelli,laAngele would appreciate the opportunity to review and wmment at that time. • VkMy Lteuel, La Angeles • Ran La1WP, (udahyknite NaBn, lot MgNes•ItadvrcUall, mmymn•AnMw.Hantr.a:~a-MSinalnc A description of the proposed Project was published in SCAG's August 16-31, la hngeks •7anla0ange.(aAfgNm•PaNa lansa..Pnyl NawaMa, imm~m•Pam 2006 Intergovernmental Review Clearinghouse Report for public review and O'(nnnoL Sanla Mmltn • Alei Pad'dla, lm Anyeln•Bmmld Patls,los Mgdn•dn Ynry, Comment. [m An9Ma - Ed BeKS. luv Angela • BIII Romndahl, tea Angeles ~ Brelg Smllh, lvs "ng°'at •,um Bytrs. w.°"°' • Pa"',albnl. The project title and SCAG Clearinghouse number should be used in all ANamNa • Mite leg Svmh Pasadew • ivnM A=y«, Wanga. t"n9 Beatls Amoniv correspondence with SCAG concerning this Project. Correspondence should be VAMmigvw. la Anyel¢a • Uennis Vyaihbum, ~ - (autaaas.MM ran. ~ Ngeie+_ N=m A -sent to the atteFltion of the Clearinghouse Cboraih3toi•. If you have a_ny questions, wesam, b., lca Angna • emni: one. la' Please contact me at (213},236-1851`. Thank ydu: Angeles Oaange [vunry: [h:u NaAY, Umnge (wnay• ' - ^eiaUne Barnes la Palma • )dm Amman. Brea dvu Bmc, IUUN •bI A:°wR Buma PaM Sincerely, - AI¢Aam (hareq Awhelm - Uebbie fool, Nunlingtvn Beath • ledle Baiyle. NewPOn Bexh • ANIaN Blacn, fate lamsl • hol41aa", ~~ layuni Niguel•Ab:UynnPw,tvs Mdmilaf /" -~ ANeaslde Caump.le051w¢, AivenWe Cvumy '/mil//(A/. . dhvmu BuMley, take Elsinore - tlonnle VERNE JONES ' fllMingec Mnenv Vallry - Avn lmnidge. R"enlde • L,eq R.M. °"'""' olY • A°" Plannin Technieian ' Aahnkdemxuln g son Beiwldina mmflY: Luy BYBI. son Intergovernmental Review - .... ~ - - BemaNinv (mm:y • Wwseme PoI=; Aanfaw • ~ . Paul fefwA IACmskif • le My Gatla, Grand -~ - ~ ~ - ~ - - lenaa •TmJa¢pn,kweatAVde Vallry•tarty ,. - .. Mnalhn,Nghlard dlebnah Avbensan; Rlalm ~ " " •AlanWtmen Unlailo ~ .. Venmta lounMludYMikh, Venlun[vwry• _, G@n eetew.LlAl Valley d:atl Mnehaae, San ' Bueravemma-ionl Young, Po"Ilumeve Ovvge (ounlY IfiwpelGlioe AYtbuellp Lvu (on ®. Ca:mg al On age RheNde (every iranymUtlvn Cvmmlvbn: Avlun Lmre,lkmn venture (aunty Lonspana6vn Doc #126803 (nm:n',sslvn:yNM. Milshvae, NOn{aM 5N:1 W tt Attachment -Item No. 6 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARILING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.40.060.030 (A separate statement is required for each Code waiver) PERTAINING TO: Improvement of private street. f56-foot wide street with sidewalks and parkways on both Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Cade require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed. by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as passible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control. of the property owner (or previous property owners)? X Yes _ No EXPLAIN The location of the OCTA Metrolink train station and tracks adjacent to the property was beyond the control of previous property owners. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMtTNARIANCE NO. pEGEMBER 12, 2000 .484atclreveent - lteeve N®. 6 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCEICODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.40.090 (A separate statement is required for each Code waiver) PERTAINING TOr Sound attenuation for residential developments. (65dB CNEL required for recreational areas: 74 dB CNEL proposed). Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator cr Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity;. and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of pdvileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property fn matters such as size, shape, topography, location or surroundings? X Yes _ No. answer is "Yes," describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No answer is "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? X Yes _ No EXPLAIN The higher CNEL is caused by the Orance County Transportation Authority tOCTA1 Metrolink train station and tracks located near the orooertv. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved. which. would have the effect of granting a special privilege not shared by other properly in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITA/ARIANCE NO. DECEMBER 12, 2000 Item No. 7 I RCL SSSn] VAR 235]5 VP0.1119 WICKS FLIRNRV PE L PCLS15Ll ssu] wPlom ssu p wPlam _ sMPLL Of£ILE PARR ,• E~ PCL S}~] ~ J W a ` > u, dg a o m> z3 e 61 Y1 P P651541 NP1W 9 ~ Rns}a2 ~ ' aciir~' ~ ns Yv Lllp n sasu] Pnsiu] P0. sssw sM.uf~laa L I a RCl s1L-] I. yP1EL sMAU wsusTnl WOGOLANG GRNE ~J P0.51Y] ~ G 3 w` 1 RCL 6G6T-id RCL S}5Fi CUP 2W6-95121 T-cuP zoos-04915 T-CUP 2004-04913 CUP 200}0gi10 T-CUP 2003-04]09 CUP 2001-043fi6 CUP 2W0-0626] CUP 4014 CUP 3953 T-VAR 2002-0d514 VAR 2002-04499 VAR 3240 ~L(CUP041 ])B02) (VAR 31105) LIVING STREAM MINISTRY /ice VPq Pnsssw ~. i N ]¢G RM< NP ¢l c UPIu A PLL ASYrt; RLL5SS;9 M P V~¢¢e RCL IL -TI-R 111 VAR;]90 a' Bm 'S!^.¢ wpsse vaavee {{ ' IAPALNaLV0005 u'~E>~ amas ouH~ _ *~ L~Y} ~ s Fs P3 F MMTYENi$ '~ w ou 4 ~u°p lws LIIPI]i - ma53ssam RLL 6&6i-14 PGL 5351.14 NPdp91 THE PMR SMPLL INO. PIRM: I _ uvsm] PS 2 1LU acH rryy _ /M]1Pil ~ vµ 116] ~ ~ ryu ¢ qP4 _ @ ~ ~ ~O ~ ~~ cR II ~ o ~ ~ ~ `2w ~ vullsm - ~ t r iL N Conditional Use Permit No. 2006-05121 Requested By: LIVING STREAM MINISTRY 2411-2461 West La Palma Avenue and 1212 North Hubbell Way - Living Stream Ministry and former Hubbell site. Subject Property Date: October 2, 2006 Scale: 1" = 300' O.S. No. 24 totes LA PALMA AVENUE ~: Conditional Use Permit No. 2006-05121 Requested By: LIVING STREAM MINISTRY ' Subject. Property Date: October 2, 2006 Scale: 1" = 300' Q.S. No. 24 2411-2461 West La Palma Avenue and 1212 North Hubbell Way - Living Stream Ministry and former Hubbell site. 70129 Staff Report to the Planning Commission October 2, 2006 Item No. 7 7a. CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY APPROVED) qND MITIGATION MONITORING PLAN NO. 139 s{Motion) 7b. CONDITIONAL USE PERMIT NO. 2006-05121 -;(Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly-shaped 40.4-acre property is located at the northwest corner of La Palma Avenue and Gilbert Street, and at the northern termini of Hubbell Way and Electric Way, having frontages of 800 feet on the north side of La Palma Avenue,. 815 feet on the west side of,Gilbert Street; ti8 feet at the northern terminus of Hubbell Way, and 59 feet at the northern termipus of Electric Way (2411 -.2461 West La Palma Avenue and 1212 North Hubbell Way -Living Stream Ministry and former Hubbell site). .:REQUEST: (2) The applicant requests approval of a conditional use permit to permit and retain a (teleconferencing center and.private conference/training center underauthority of Code Section 18.10.030.040.0402, (Community and Religious Assembly/Educational Institutions). BACKGROUND: (3) Thin property oonsists of two (2) mixed use industrial/office complexes with a total of eight. (8) buildings having a cumulative floor area of approximately 530,507aquare feet. The property is zoned I (Industrial) antl the Anaheim General Plan esignates 3his property and properties to the east and west for jndustrial nand uses.: The Interstate 5 Freewayborders the site on the north and properties to south are designation for Low Density Residentiatland uses. The property is also located within the Merged Redevelopment Project Area. sPREVIOUS ZONING ACTIONS: (4) The following zoning actions pertain to this property: a) Conditional Use Permit No. 2003-0471-0 (to permit an aduldcareer training center in conjunction with a teleconference center:) was approved by the Commission on June 16, 2003. The proposal permitted by this entitlement was not developed and the permit has expired. b) Variance 2002-04988 {waiver of (a) maximum number of freestanding or monument- type signs and (b) permitted location of freestanding or monument type signs to 'construct a new monument sign) was approved by the Commission on May 6, 2002. c) :Conditional Use Permit No. 2001-04366. (to permit a teleconferencing center and private : conference/training genter with waiver of minimum number of parking spaces, (Phase 1 - 2_ 093 required; 1719 proposed) (Phase 2 - 3~ required; 2,681. proposed) was approved by the'Commissionbn December 3, 2001.:The proposal permitted by this :entitlement was not developed and the permit has expired. CUP2006-05121 PC100206JR Page 1 Staff Report to the Planning Commission October 2, 2006 Item No. 7 d) Conditional Use Permit No. 2000-04263. (to permit a temporary 40,000 square foot teleconferencing center and private conference/training .center with waiver' of minimum number of parking spaces, 1,985 required; 1;488 proposed) was approved by the Commission on October 23, 2000 (to expire on October 23, 2003}.: This permit was subsequently reinstated to expire October 23, 2007. e) Conditional Use Permit No. 4074 (to permit a 22,000 square-foot adult careerltraining center for approximately 200 students with waiverbf minimum numberof parking spaces) wasapproved by the Commission on November 23, 1999. - f) ConditiohaLUse'Permit No..1888 (to permit offices and restaurants in an industrial complex) was approved by the Commission in September, 1978: This entitlement was required to be terminated as a condition of approval for CUP2000-04263 and has not been completed. DEVELOPMENT PROPOSAL: (5) The applicant proposes to establish a 115,814 square fioot permanent teleconferencing center: and private.conference/training oenter by renovating an existing warehouse building. Theproposal also includes the tlemoltion of an existing 18,000 square foot building on the 'former Hubbell site to accommodate a new parking lot. There is no new quare footage associated with. thisproposal. (6) The overall site plah (Exhibit No. 1) indicates the teleconference and training center would occupy100,814 square feet of an existing 115,307 quare foot industrial building. The remaining 15,000 square feet would house utility service areas and warehousespace accessary to the`cehter. (7) The teleconference center site plan. (Exhibit No. 2) and letter of operation indicates the proposed project will include a total of nine (9) buildings with the following characteristics and uses: BuildingNo. Square Footage Use (Existing/Proposed) 1 75,736 .Office (Existing) 2 19,600 Office (Existing) 3 7,664 Office (Exjsting) :Warehouse (Existing temporary 4 62 748 conference/training building per CUP 4263 will , 'revert to warehouse use at completion of project) Telecom:'Warehouse Pro osed 5 26;460 office/Warehouse (Existing) 6 196 992 Telecom: Warehouse/Private School (American , Career CoNe a Existin 7 814 115 Warehouse (Existing) , Teleconferencin Center Pro osed Page 2 Staff Report to the Planning Commission October 2, 2006 Jtem No. 7 8 4,048 Mechanical Equipment (Existing) 9 2,645 Maintenance/Storage (Existing) Total " :'512,507 (8) Vehicular access to this property is provided by two (2) existing driveways. on La Palma Avenue and three: (3) existing driveways on Gilbert Street.:Additional access would be provided by one (1) driveway from Hubbell Way, and one (1) driveway from Electric Way. A bus parking area to accommodate 23 buses is proposed to the west of the proposed .teleconferencing center;.-Buses would follow a circular path of travel throughahe site, by entering through the driveway at the terminus of Electric Way, circle around the building and park along the west side of the property,,behind the building, then exit throughahe driveway on Hubbell Way. (9) The;applicanthad submitted a traffic management plan with their'teleconfe~ehcing center proposal in 2001 demonstrating how event traffic would be managed on-site ahd directed to surrounding public streets. An updated traffic'management plan was submitted aspart of this request (September a5, 200fi). Traffic Engineering`Division staff has verified that this traffic management plari`is adequate to address traffic issues associated with the current proposal. The plan includes the following operational provisions which, where determined to be appropriate by the Anaheim Police Department Traffic Bureau and Traffic Engineering Division, and shall be incorporated into a final traffic management plan: "(a) Police Department and/or Traffic Management personnel will ensure the orderly and timely ingress/egress of traffic on La Palma Avenue at staffing levels recommended by the Anaheim Police Department Traffic Bureau. (b) Circulation into and out of the project site will be facilitated by protected left turn phasing at the tntersection`of Gilbert Street and West La Palma Avenue. ,[This work has been completed by the Cityj. (c) Prior to private events, the. applicant shall notify. the Anaheim Police Department, Traffic Bureau, and provide a detailed schedule of the event and traffic management plans Any costs associated with the'need for'additiohal traffic control personnel as 'determined by the Anaheim Police Departmentshall be paid by the appiicanL (d) : Bus arrivals and departures shall occur on Woodland Drive. (e) The movement of vehicles'into and out of Anaheim Palms Corporate Center (APCC) fooprivate teleconference events shall be facilitated by the coordinated use of interior traffidflow and parking assistants (f) Cars entering the site shall be directed to interiocareas of the site through. the use of traffic flow assistants and tra~caones to reduce backups ahd delay on public streets, (g) Parking assistants shall systematically fill parking areas " (10) The site plan indicates that 2,048 parking spaces and 23 bus parking spaces are proposed on-site. Code requires the submittal of a parking demand study to determine the parking :requirements for community assembly uses Code further indicates thaf if a parking demand .study is required due to the unique nature of the use, the parking requirements shall be ':determined by the City Traffic and Transportation Manager and/or Planning Commission based on information contained in a parking demandstudy prepared by an independent _ traffic engineer. The proposed use requires a parking study,: therefore a study was Page 3 Staff Report to the Planning Commission :October 2, 2006 Item No. 7 conducted by Katz, Okitsu and Associates on November 22, 2002, and updated in 2004 to accommodate the American Career College permanently on the site. The study was again updated on September 13, 2006, to reflect the latest proposed uses and. revised parking layout for the site. This study recommends that a minimum. of 1_~ (and 23 tius) parking spaces for the teleconferencing center. Staff has reviewed the study,and has determined the existing uses combined with the proposed teleconferencing center would not create any additional demand beyond the proposed number. of spaces. As indicated in the parking study, dhe Code-required demand is 1;972 soaces forahe combined uses on site, ahd a total of2~automobile and 23 bus spaces are provided, in excess of the amount determined necessary by the. parking demand study: (11) Floor plans (Exhibit tJo. 3) forahe proposed teleconferencing/training cehter, ihdicate a 8,880 square foot exhibition. hall Other notable features of the floor plan include a large reception/lobby area, multi-purpose rooms, and catering/food prep area. !A complete floor plan summary is as follows: :Use :Area (square feet)_ .':Conference Seating Area 46,880 Entries/Circulation 14,298 `'Restrooms ' 8,870 Lobby Seating :1.,532 `Multipurpdse Rooms < 9,816 '.` Audio Visual Room 2,996 Administrative Offices 12,180 Translation Room 912 ' Catering/Food Preparation 1,330 `Mechanical/Electrical and Storage 14,493 Total 115,307 (12) ,The renovation of the existing. warehouse facility includes structural and roof modifications and decorative exterior treatments. Elevation renderings and materials board for the proposed remodel (Exhibits No: 4 and 5} indicate a contemporary design utilizing a mix of materials including tinted glass, natural-toned exterior stucco and decorative metal-clad canopies: The majority of the building has a height of Z4 feet, 8 inches; with the front (east) elevation at a maximum height of 32 feet atthe main entry to the facility. The east elevation '::which faces the existing campus contains fhe main entrance and hasthe most architectural treatment.r.This elevation, while substantial in length, is successfully divided into smaller sections by the use of surtace belief, glass entryways, varied fagade height and a mix of natural toned colors: The application of sandstone veneer and varying height contributes to the architectural interest and emphasizes he primary entrance to the facility.?The northern building elevation. facing the freeway receives similar architectural treatment with the ' ::application of stone veneer and metal clad canopy framing the office entry to the building. As with the east elevation, he stone veneer extends along the bottom; eightfeet of the building. No signage is proposed with his request. `The west and south elevations include the loading docks, service doors, ahd exits leading to the back of house ahd bus ,parking/staging area.. Page 4 Staff Report to the Planning Commission October 2, 2006 Item No. 7 (13) .Landscape plans (Exhibit No. 6) indicate proposed landscaping for the teleconferencing center along the eastand west'sides of the building.; In addition to the shrubs and ground cover flanking the building, a 4#0 8 foot wide landscape,plantedsurroundsthe entry `colonhadeand provides a buffecfrom he parking lot 'Along the northern border of the site, the row of.existing Mexican Fan Palms are continued the entire length of the northern :property line. 'Plans also show andscaping in parking areas adjacent to the teleconferencing building; including rows of Camphor trees. Ehhahced paving for the ':pedestrian areas leading from the parking area to the building entryway is included as well The applicant has indicated the entry colonnade would incdrporate enhanced paving, tlecorative seating areas and shadestructures to often this area far event attendees waiting for ehtry. Nospecific design fdr this area. has been. submitted. The landscaped planters within the parking area are proposed with trees, shrubs'and grdundcover. Code requires a minimum of one (1) tree per 3,000 square feet df parking area and/or vehicular access ways.!!Code further requires no mdre han ten;,(10) parking spaces adjacent to each other without being separated by alahdscape area ora minimum #ouc{4) foot wide (excluding curb) continuous landscaped area with shrubs and trees at he front end of parking stalls: In addition, a landscaped planter with a minimum width of five (5) feet and. a minimum depth of sixteen (16) feetshall be provided at the end of each row,df parking. Both types of landscaped areas are provided in theparking area for the teleconference center as required by Cotle. Staff has included a condition of approval requiring final 'lahdscape plans reflecting the extension of the row of palms along the north. property line and an enhanced pedestrian area along the eastern portion of the building (entry colonnade) be submitted. Thelahdscape plans as proposed comply with Code. (14) The submitted letter of operation describes the facility as a multiple user teleconferencing 'center which would be open to thepublic for corporate meetings; featured speaker broadcasts; distance learning seminars, town meetings,',virtual trade shows;'product presentations,;etc. This;part of the operation would occur primarily during normal'. business hours of Mondaythrough Friday, 13;00 a.m: 0 5:00 p.m.; with occasional evening and weekend uses. The number of participants could rahge from an executive board of fewer fhah 25people up to a large training group of:1,900 people. The main teleconference and training area will be divisible by movable wall systems according to the size of the group. (15) The facility is also proposed as a private conference and training center for he owner of the property, Living Stream Ministry. 1n this capacity;'the facility would host international conferences fora maximum of 5,000 people: These events would utilize the teleconferencing technology of he facility to broadcast on-site events hroughout the world. The letter of operation indicates that this aspect of the facility would occurho more than 21 days per year, with 12;of those:days occurring during two (2) six-day conferences held during major winter and summer holidays. Other smaller conferences are held primarily during the weekends (usually holiday weekends such as Labor Day, Memorial Day, 4`h of July, Thanksgiving, etc.), Proposed hours of dperation for this aspect of the facility are Monday through Saturday, 2 p.m. tq 10:30 p.m., with participants arriving between 2 p.m. and 4 p.m., and departing between 9:30 p.m. and 10:30,p.m. During these events, other services would not be available to he general public. The number of employees would vary depending on the number of conference participants. Page 5 Staff Report to the Planning Commission October 2, 2006 Item No. 7 .ENVIRONMENTAL IMPACT ANALYSIS: (16) :Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant adverse environmental impacts r resulting from any changes to the previously-approved project; Therefore staff recommends that the Mitigated Negative Declarationprevlously approved in connection with the previously-approved teleconferencing center and private training center onderConditional se Permit No.2003-04710 (now expired) is appropriate to serve as he required environmental :documentation #or his request upon a finding by the Commission that the .:declaration reflects the independent judgment of the lead agency; and that it has considered he proposed Mitigated Negative Declaration together. with any comments received during the public teview process and furtherfinding on the`basis of the Initial :Study that there is no substantial evidence, with he imposition of mitigation measures, that the project will have a significant effect on the environment.:Mitigation measures have,been identified from the .;previously-approved Mitigated Negative Declaration and refinements o those measures have been incorporatedinto Mitigation Monitoring Plan No. 139 for this'projecL The mitigation measures:identified and incorporated into his Negative Declaration are subject to l the monitoringheporting program as set forth.by Section 21081.6 of the Public Resources Code. EVALUATION: (17) The use of his facility as a teleconferencing center and private raining center is permitted within the I zone subject to the approval of a conditional use permit under authority of Code Section 18.10.030.040.0402 (Community and Religious Assembly and Educational Institutions). (18) .Code requires the submittal of a parking demand study to determine the parking requirements for community assembly uses.. Code further indicates that if a parking demand tudy is required due to the uhique nature of the use,'the parking requiremepts shall be ,determined by the City Traffic and Transportation Manager ahd/or Planning Commission based on information contained in a parking demand study prepared by an independent traffic engineer. (19) As tliscussed above, the applicant has submitted updated parking and traffic impact analyses by Katz;Okitzu'and Associates.'7he studies were reviewed and approved by staff. The parking and raffic study also contains a number of recommendations as follows which have been included in the. proposed conditions of approval; "• Special Events now require and will continue to require registration, including information on the location where theparticipant will be staying. • Busing shah be`provided to and from the facility o the designated conference hotels. Living'Stream Ministry currehtly uses buses to reduce traffic and parking congestion at its existing West Ball Road facility. Records indicate that 30% of participahts routinely arrive and depart in buses.''As per the'assumptions made earlier regarding bus utilization ifwill be necessary to keep close to this level of bus utilzatioh to adequately allow for on-site parking and transportation of all conference participahts'at APCC. • The event administrators shall require participants to use accommodations at designated conference hotels in order to cluster the individuals and thus facilitate transit - to and from. the teleconferencing center by bus, hotel shuttle, or taxi. Page 6 Staff Report to the Planning Commission October 2, 2006 Item No. 7 e Participants shall be informed of the parking available at the facility and every effort shall be made to encourage individuals to use the buses:. m Participants shall be informed that on-street parking at the event should be avoided as a courtesy to local residents and. businesses. a .'Living Stream Ministry personnel shall assess the parking during events to determine if 'parking demand is exceeding the supply and imposing on Local on-street parking. Permit parking measures to encourage carpooling shall be utilized through issuance of a invited number of parking permits and directing those without a permit to utilize bus transportation. a Living Stream Ministry personnel shalt direct and control arriving and departing traffic to ensure smooth flow in APCC parking lot. and streets immediately adjacent APCC' property.,, (20) The updated traffic management plan provides the framework for alleviating potential traffic `bongestion `problems on surrounding public streets and on nearby residential neighborhoods. The combination. of police and private personnel directing off-site and on- site traffic respectively, will serve to reduce potential traffic congestion. Commission should :note that this plan is in draft form and maybe revised td improve efficiency based on field observations. j21) Theproposal to establish a teleconferencing center and conference/training center facility is complementary to the existing businessesat this location and is an appropriate use for the site; The facility would benefit from the fiber'optic lines;adjacentto the site and could have a positive impact on area hotels and restaurants. However, appropriate operational measures must be incorporated into the approval to ensure that the residential neighborhood located bn the southside of La Palma Avenue is not negatively impacted by "event" traffic.' The recommended' conditions of approval and mitigation measures are intended to facilitate .movement of traffic during events and to minimize inconvenience to residents across La Palma Avenue. (22) .Since the facility would operate with structured procedures to eliminate/minimize impacts on nearby uses, staff believes this use would not adversely affect. adjoining land uses or the growth or development of the area.. In addition, the size and shape of the site is adequate for the full development of the proposed use, and staff recommends approval of the request to permit and retain a teleconferencing center and.private conference/trafning center as conditioned. FINDINGS: (23) Before the Planning 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 No. 18.66.040 (Approval Authority); (b) That the use will not adversely affect the adjoining land uses and' the growth and :development of the area in which ifis proposed to be located; .Page 7 Staff Report to the Planning Commission October 2, 2006 Item No. 7 (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 will not impose an undue burden upon the streets and highways designed and. improved to carry the traffic in the area; and >(e) That thegranting 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: j24) Staff recommends that, unless additional or contrary information is received during the meeting, and based;upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented. at the public hearing, he Commission take the following actions: (a) By motion, determine that the previously-approved Mitigated Negative Declaration is adequate to serve as environmental documentation for this request, including approval of Mitigation Monitoring Plan No. 139. (b) By resolution, approve the applicant's request to permit and retain a teleconferencing .center andprivate conference/training center, by adopting the attached draft resolution, including the findings,and conditions of approval contained #herein. page 8 [D AFT] RESOLUTION NO. PC2006 =" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05121 BE GRANTED (2411-2461 WEST LA PALMA AVENUE AND 1212 NORTH HUBBELL WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,. State of California, described as: PARCEL A: THAT PORTION OF PARCEL 3, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 126, PAGES 31, 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING WITHIN PARCEL 1, AS SHOWN ON A PLAT MAP ATTACHED TO A "LOT LINE ADJUSTMENT" INSTRUMENT RECORDED FEBRUARY 8, 1979 IN BOOK 13026, PAGE 1491, OFFICIAL RECORDS. PARCEL B; BEGINNING ON THE WESTERLY LINE OF SAID SECTION 6, DISTANT THEREON SOUTH 0° 39' 00" EAST, 323.35 FEET FROM THE INTERSECTION OF SAID WESTERLY LINE WITH WESTERLY PROLONGATION OF THE SOUTHERLY LINE OF PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 40, PAGE 16 OF PARCEL MAPS, RECORDS OF SAID COUNTY; THENCE NORTH 89° 19' 41" EAST, 374.00 FEET TO THE EASTERLY TERMINUS OF THIS EASEMENT; THE SIDELINES OF SAID EASEMENT ARE TO BE LENGTHENED OR SHORTENED TO TERMINATE IN THE EASTERLY LINE OF MAGNOLIA AVENUE, 106.00 FEET WIDE. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 2, 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 permit and retain a teleconferencing center and private conference/training center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.10.030.040.0402 (Community and Religious Assembly and Educational Institutions). 2. 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 because an updated traffic management plan was submitted. as part of this request (September 15, 20D6). Traffic Engineering Division staff has verified that this traffic management plan is adequate to address traffic issues associated with the current proposal. The plan includes the operational provisions which, where determined to be appropriate by the Anaheim Police Department Traffic Bureau and Traffic Engineering Division. 3. ,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, as the site plan indicates adequate parking spaces are provided on-site. A study was conducted by Katz, Okitsu and Associates on November 22, 2002, and updated on September 13, 2006, to reflect the latest proposed uses and revised parking layout for the site and finds that the existing uses combined with the proposed teleconferencing center would not create any additional demand beyond the proposed number of spaces. Cr\PC2006-0 -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,. will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby find that the Mitigated Negative Declaration previously-approved in connection with Conditional Use Permit No. 2003-04710 (now expired) is adequate to serve as the required environmental documentation in connection with this request, upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously- approved Mitigated 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 health and safety of the Citizens of the City of Anaheim: 1. That no church activities shall be permitted unless a separate conditional use permit is approved by the City. 2. That this facility shall be used for teleconferencing, conferences and training activities only. 3. That no outdoor activities involving gathering of persons shall be permitted on-site. 4. That this facility shalt be limited to the following. operational characteristics: • The public teleconferencing shall be limited to a maximum of one thousand nine hundred (1,900) persons to ensure adequate parking for all businesses on-site. The hours of operation shall be limited to B:00 a.m. to 5:00 p.m., Monday through Friday. The private conferencing/training center shall be limited to a maximum of five thousand (5,000) persons. The facility shall be utilized for this purpose a maximum of 21 days per year, including two (2) six-day conferences during winter and summer vacations. The hours of operation shall be limited to 2:00 p.m. to 10:00 p.m., Monday through Saturday, for the two (2) bi-annual conferences; and 2:00 p.m. to 10:00 p.m., Saturday and Sunday (and holidays), for the remaining conference/training dates. • That the Living Stream Ministry and Sa Rang Presbyterian. Church should coordinate their events to avoid traffic impacts due to participants from both events arriving and leaving at the same time. Additionally, no parking spaces at the Anaheim Palms Corporate Center (APCC) site shall be utilized as overflow parking by Sa Rang Presbyterian Church without prior approval by the Traffic and Transportation Manager. 5> .That a final traffic management plan (TMP) shall be submitted to the City Traffic and Transportation Manager for review and approval. Said plan shall include measures to efficiently and safely move ingress/egress traffic during events as identified in the draft TMP dated September 15, 2006. The TMP may be amended subject to review and approval of the Traffic and Transportation Manager, as --- - appropriate, in order to improve the efficiency of said plan. Said. plan may include the following components at the discretion of the Traffic and Transportation Manager: -2- PC2006- o That Special Events shall require registration, including information on the location where the participant will be staying. a That busing shall be provided to and from the facility to the designated conference hotels. a That the event administrators shall require participants to use accommodations at designated conference hotels in order to cluster the individuals and thus facilitate transit to and from the teleconferencing center by bus, hotel shuttle, or taxi. e That participants shall be informed of the parking available at the facility and every effort shall be .made to encourage individuals to use the buses. a Participants: shall be informed that on-street parking at the event should. be avoided as a courtesy to local residents and businesses. That Living Stream Ministry personnel shall. assess the parking during events to determine if parking demand is exceeding the supply and impacting local on-street parking. Permit parking measures to encourage carpooling will be utilized through issuance of a limited number of parking permits and forcing those without a permit to utilize bus transportation. m That Living Stream Ministry personnel shall direct and control arriving and departing traffic to ensure smooth flow in APCC parking lot and streets immediately adjacent APCC property. o That the Living Stream Ministry and Sa Rang Presbyterian Church should coordinate their events to avoid traffic impacts due to participants from both events arriving and leaving at the same time. m That the developer shall comply with Ordinance No. 5209 and Resolution No. 91 R-89 relating to the Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading zones, and byjoining and financially participating In the ATN and Clean Fuel Shuttle Program and by installing bicycle racks. Said information shall be specifically shown on plans submitted for Traffic Engineering Division approval e That Police Department and/or Traffic Management personnel will ensure the orderly and timely ingress/egress of traffic on La Palma Avenue at staffing levels recommended by the Anaheim Police Department Traffic Bureau. m That prior to private events, the applicant shall notify the Anaheim Police Department, Traffic Bureau, and provide a detailed schedule of the event and traffic management plan. Any costs associated with the need for additional traffic control personnel as determined by the Anaheim Police Department shall be paid by the applicant. m That bus arrivals and departures shall occur on Woodland Drive. That the movement of vehicles into and out of APCC for private teleconference events will be facilitated by the coordinated use of interior traffic flow and parking assistants. o That cars entering the site will be directed to interior areas of the site through the use of traffic flow assistants and traffic cones to reduce backups and delay on public streets.. That parking assistants will systematically fill parking areas:' 6. 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 1-gallon size `clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall pe specifically shown on the plans submitted for building permits. -3- PC2006- 7. 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. 8. That an on-site trash truck turn around area shall be provided per Engineering Standard Detail No. 610 and as required by the Streets and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 9. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of Anaheim. 10. That prior to issuance of a grading permit, the applicant shall submit a Water Quality Management Plan for the review and approval of the Public Works Department, Development Services Division. 11. That prior to issuance of a grading permit, the applicant shall demonstrate to the satisfaction of the Public Works Department, Development Services Division, that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 12. That any required relocation of City electrical facilities will be at the property owner's expense. Landscape and/or hardscape screening of all padmounted equipment will be required and shall be outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. 13. That the property owner shall provide the City of Anaheim with a public utilities easement far primary lines and transformer location to be determined as electrical design is completed. 14. That this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 15. That prior to application for water meters, fire line or submittal of water improvement plans for approval, the applicant shall submit to the Public Utilities Department Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the .project. 16. That the water backflow equipment shall be above ground, outside of the street setback area in a manner fully screened from alt public streets. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans and approved by Water Engineering and Cross Connection Inspector before issuance of building permits. 17., That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof material. The numbers shall not be visible from the view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for building permits. 18. That the parking lot serving the premises shall be equipped with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as -4- PC2006- not to unreasonably illuminate the window areas of nearby residences. Photometric plans shall be submitted to the Anaheim Police Department for review and approval prior to issuance of building permits. 19. 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 discovery. 20. That final landscape plans shall be submitted to the Planning Services Division for review and approval and shall reflect the following items. Any decision by the Planning Services Division may be appealed to the Planning Commission as a'Reports and Recommendations".item. • Retention of all mature landscaping features that are not impacted by construction of the new buildings • The extension of the row of Mexican Fan Palm trees and planter along the north property line adjacent to the freeway. All trees shall be similar in height to the existing palms along this property line. • The installation of permanent irrigation within the grass area along the northern portion of the site.... • An enhanced pedestrian area along the eastern portion of the building (entry colonnade). o All trees shall be minimum 24-inch box in size. Said information shall be shown on plans submitted for building permits. 21. That final elevation and sign plans shall be submitted to the Planning Services Division of the .Planning Department for. review and approval... Any decision by the Planning Services Division may be appealed to the Planning Commission as a'Reports and Recommendations' item. 22. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 139 as established by the Gity of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures.. 23. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 24. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos.. 6, 7, 8, 9, 12, 14, 16, 17, 18, 20 and 21, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.1.70 of the Anaheim Municipal Code. 25. 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 Nos. 10 and 11,above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Cade. 26. That prior to final building and zoning inspections, Condition No. 23, above-mentioned, shall be complied with. 27. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federel regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. -6- PC2006- 28. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original. intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED that 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, shalt be deemed null 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 2, 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 maybe 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 October 2, 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. 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N " N .~ ° a t O Q • N ° s 7 w m o m ~^,, . c m y^ c ~ oa', ° •~ 3~ ~ m a~ v o m o ,c w m o h a o o .m y m o m :`e° ~ n~ ,e ° m ° F rte. f p m 3 „ ~ l-~ o n ° v ~ ~ o h H F ~ ~ ° c ~ F-~ ~O w "' c o E~ w.,~ , d ~ ^~ W O U r `~ O ~ ~ .o r F O ~ Q OC a 7 r7 ¢ O C y° F C C C V ESN C b0 'D D O. iT ° N C m ~ ~n °• ~ ~ c ~1 U E ~° w ° ,° ~ ° ~ m h ~ ^ O ~ C O '° m G_ .~ ~ ° ~ n ... ~ ° y n ° t° ~ 7 ~ O r a ~ o a , a i O O o 1`4 & 0 e ~' ~ F -~ ~ ~mrQ 4 ~z z ,. ~ ^ N M ~ "~ ~ F F F F F a ~ N 2 c ~a 4 0 O 0 `a ~0 K Parking Study Update for the Anaheim Palms Teleconference Training Center Expansion in the City of Anaheim September 13, 2006 ITEM NO.7 Prepared for: Living Stream Ministry 2431 W. La Palma Avenue Anaheim, CA 92801 (714) 236 -6001 Prepared by: Katz, Okitsu Associates 17852 E. Seventeenth St, Suite 102 Tustin, CA 92780 -2142 Tel: (714) 573 -0317 Fax: (714) 573 -9534 Job No.: JA6625 17852 E. Seventeenth St. Suite 102 Tustin, CA 92780 -2142 714.573.0317 fax: 714.573 -9534 koaoc @katzokirsu.com www.kaaokitsu.com Las Angeles 323.260.4703 fax: 323.260.4705 San Diego 619.683.2933 fax: 619.683.7982 San Bernardino 909.890.9693 fax: 909.890.9694 PC Katz, Okitsu Associates L Planning and Engineering Mr. John Pester Living Stream Ministry 2431 W. La Palma Avenue Anaheim, CA 92801 Subject: Revised Parking Study Update for the Anaheim Palms Teleconference Training Center Expansion in the City of Anaheim Dear Mr. Pester: Katz, Okitsu Associates is pleased to present the revised Parking Study Update for a proposed expansion of the Anaheim Palms Teleconference Training Center in the City of Anaheim. The project is located at 2431 W. La Palma Avenue, between Magnolia Avenue and Gilbert Street. The expansion includes the renovation of an existing building on the north side of the property. Katz, Okitsu Associates prepared a Traffic Impact Analysis and Parking Study in November 2002 to address the expansion. This proposed expansion was approved by the Planning Commission in 2003. In August 2004, Katz, Okitsu Associates prepared a parking study update to analyze potential changes in parking demand when American Career College would occupy suites formerly occupied by Westwood College. Currently, the owner of the property, Living Stream Ministry, wishes to change a Condition of Approval by extending the hours of the public events to 10pm. The City of Anaheim has requested an update to the previously prepared parking study to analyze any potential parking effect of this change. The report is being submitted to you for review and processing. Please contact me if you have any questions about the report, or if you need additional information to complete your review. If there are any comments that require my response, or revisions required, please notify me as soon as possible for prompt attention. It has been a pleasure to prepare this study for Living Stream Minist v Q� of.. E. 4/12 9 No. 1139 Fxp. 9/30/08 Sinc cceelly, er lir/ /Nt— Rock E. Miler, P.E. Principal September 13, 2006 J:Icities\Ana /teitnlJA6625 Living Stream Parking Update\ReportlLiving Stream Parking Update_Rev.doc Parking Study Update for the Anaheim Palms Teleconference Training Center in the City of Anaheim Prepared for: Living Stream Ministry 2341 W. La Palma Avenue Anaheim, CA 92801 (714) 236-6001 Prepared by: Katz, Okitsu Associates 17852 E. Seventeenth St, Suite 102 Tustin, CA 92780 -2142 Tel: (714) 573 -0317 Fax: (714) 573 -9534 September 2006 ab e of Contents 1. INTRODUCTION 1 2. STUDY METHODOLOGY 5 OFFICE USE S AMERICAN CAREER COLLEGE 6 TELECOMMUMCAIION BUILDINGS 6 MULTI— PURPOSE TELECONFERENCING BUILDING 7 Public Teleconferencing Use 7 Private Special Events Use 8 3. FORECAST PARKING DEMAND 10 4. PARKING SUPPLY 11 5. BUS PARKING 13 6. FINDINGS 15 7. CONCLUSIONS AND RECOMMENDATIONS 16 WA Katz, Okitsu Associates Traffic Engineers and Transportation Planners Anaheim Palms Teleconference at Training Center Parking Study Update List of,' ,figures FIGURE 1— PROJECT VICINITY MAP 3 FIGURE 2 SITE PLAN 4 FIGURE 3 BUS PARKING 14 List of Tab es TABLE 1 CITY OF ANAHEIM PARKING CODE 5 TABLE 2 PARKING REQUIREMENT FOR OFFICE USES 6 TABLE 3 AMERICAN CAREER COLLEGE PARKING DEMAND 6 TABLE 4 PARKING DEMAND FOR TELECOMMUNICATION AREA 7 TABLE 5 PERSONS PER VEHICLE ANALYSIS FOR 1853 WEST BALL ROAD 8 TABLE 6 PUBLIC TELECONFERENCING PARKING DEMAND 8 TABLE 7 PRWATE EVENTS PARKING DEMAND 9 TABLE 8 NORMAL PARKING DEMAND 10 TABLE 9— PRIVATE EVENTS PARKING DEMAND 10 TABLE 10 PARKING SUPPLY 11 Katz, Okitsu Associates Traffic Engineers and Transportation Planners Anaheim Palms Teleconference Training Center ii Parking Study Update 1. Introduction In November 2002, Katz, Okitsu Associates prepared a Traffic Impact Study and Parking Analysis for the proposed expansion and renovation of the Anaheim Palms Teleconference Training Center (APTTC). The expansion was approved by the Planning Commission in 2003 (CUP 2003- 04710). In August 2004, Katz, Okitsu Associates prepared a parking study update to address the occupancy of American Career College in the former Westwood College space. Living Stream Ministry now proposes a change to the approved CUP. The Letter of Operation submitted in support of the CUP outlines two levels of service that will be available through the Teleconference and Training Center: public and private. The Letter of Operation states, APTTC will provide corporate clients and the general public access its teleconferencing services throughout the week from 8:00 a.m. to 10:00 p.m. Maximum occupancy for public operations will be limited to 1,900. No conflicts between the operation of APTTC and those of current occupants are anticipated, given adequate parking support and streamlined ingress and egress options for the overall site. APTTC will also provide private teleconferencing services for Living Stream Ministry. These services will be limited to 21 days a year, Mondays through Saturdays, from 2:00 p.m. to 10:30 p.m., with participants arriving between 2:00 p.m. and 4:00 p.m. and departing from APTTC between 9:30 p.m. and 10:30 p.m. Maximum occupancy for these special operations will be limited to 5,000. Currently, two international trainings of six days occur each year, both of which are timed to coincide with major summer and winter holidays. During these events, other teleconferencing services at APTTC will not be available to the general public to avoid event conflicts. In addition, no conflicts between the operation of APTTC during special events and those of APCC's current long -term occupants are anticipated given the management of parking, multiple ingress and egress options, and other mitigating factors. "The changes entail extending the hours and days of the public events in order enhance the economic viability of the project by allowing for the flexibility to accommodate a variety of scheduling needs for public and corporate clients. No changes are proposed related to private events. The project is currently approved to operate public events between the hours of 8am -5pm Monday through Friday; the owner of the project is seeking to modify operating hours to 8am lOpm everyday of the week. The proposed changes would modify a Condition of Approval; therefore, the City of Anaheim has requested an update to the previously prepared parking study to analyze any potential parking effect of this change. ECA Katz, Okitsu Associates Traffic Engineers and Transportation Planners Anaheim Palms Teleconference Training Center 1 Parking Study Update Site plan changes include the location and functionality of bus parking, taxi and hotel shuttle drop-off site, and pedestrian pathways. The parking lot has been slightly redesigned to reduce pedestrian interaction with moving vehicles in the parking lot, and an additional 43 parking stalls have been added. Land use changes since the previous parking update are limited to the addition of Orange Coast Title in 13,992 sf in Building 9. This space was previously used for telecommunication storage. The proposed uses in each building are listed below: Building 1: Total Size: 75,736 sf 75,736 sf Office Use Building 2: Total Size: 19,600 sf 19,600 sf Office Use Building 3: Total Size: 7,664 sf 7,664 sf Office use Building 4: Total Size: 62,748 sE 62,748 sf Telecommunications Equipment Storage Building 5: Total Size: 26,460 sE 26,460 sf Office Use Building 9: Total Size: 196,992 sf 25,000 sE— American Career College 13,992 sE Orange Coast Title Company 158,000 sf Telecommunications Equipment Storage This study is prepared to analyze the parking adequacy of these proposed changes of the Anaheim Palm Teleconference Training Center. Figure 1 is a vicinity map showing the location of the project and the surrounding major street system. Figure 2 depicts the project site plan. Ca Katz, Okitsu Associates Traffic Engineers and Transportation Planners Introduction Anaheim Palms Teleconference Training Center 2 Parking Study Update Project Site WA Katz, Okitsu Associates I Anaheim Palms Teleconferencing Training Center Planning and Engineering in the City of Anaheim Not to Scale Figure 1 Vicinity Map uIHTH?9TI17� nhil IJLIlIIb. C P IC!IL [11111 a I p1T1R 1•.tlu¢��ip JiI ilJf +'}IfflSff }HffNJ ill' InLll !1ll Iin e=r i 11111:IIIIIY111111111 ]11111 t H II 1010110HI1 etc uiH !ate a s "t7mrlrrrn7i"7ln 7 OIfni„ r 1Hr tT l -I� a r T 'OMN at aloft home ft- e C)Illfll Olf #:fffNO .Its 0f11111 MI• IHIAIffiIW J€ saueugThieentiQ WMOWN DMZ 11 a C MlOW.��¢YIME nvo Pal, OW92 PP RJ I11111Y I111I 1■1111111111111111 i n W..L PMLt&AAvi. tP_aryprcohIc W. 1v.0 Ft) 11111111001111111111 PROJECT SITE LA MU. AVMUL \eN I nag WA Katz, Okitsu Associates 1 Anaheim Palms Teleconferencing Training Center Planning and Engineering I in the City of Anaheim HCINRT MAP C SITE 13 SHOWN FOR RHINO III IIIIII Ilnnnll IIIIPI11111111W11L11111101 111 IIIIIIIIA tIIIIII .Iu I;n.LI.J 1 11111 I'll P 1L DEIR 1110IIO 01I I{OIIIO OIIOflif 010110 I IIIOII11311011H011111110 n lllnln l II1tI I1 01101 f1111011010 0'J' 1o1011h10 011HHT1110IDI1010 OHIIflIl0lllfil0 N 11 r Not to Scale Figure 2 Site Plan 2 Study iNtetliodo ogy Parking supply and parking demand are normally measured or calculated on the basis of developed building area, expressed in square feet (sf) per parking space or in parking spaces per 1000 sE. The City of Anaheim Municipal Code indicates a parking requirement for each use in a proposed project. Parking for office, training center, and telecommunication uses are calculated based on square footage, while parking requirement for teleconferencing uses is calculated based on number of persons. Parking demand for the proposed project land use can be partially forecast based on the City of Anaheim Parking Code. The City of Anaheim Code requirement is shown in Table 1. Type of Building Use Office Use Training Center Telecommunication Use Table 1 City of Anaheim Parking Code Parking Spaces Required Four (4.0) spaces per 1,000 sf of gross floor area Twenty (20.) spaces per 1,000 of instruction area, plus four (4.0) spaces per 1,000 sE of office area. Not Specified The project site at Anaheim Palms Teleconference Training Center includes five different uses: office use, Orange Coast Title Company, American Career College, telecommunication equipment space, teleconference use, and private event use. The office space has a parking supply rate, as prescribed in the City of Anaheim Municipal Code. American Career College is categorized as Training Center, and also has a parking rate prescribed by the City Municipal Code. However, the other uses are rare, and the Code does not specify a parking rate. Katz, Okitsu Associates has inspected the APPTC's existing telecommunications facility, and has made the determination as described in this report. Office Use The City of Anaheim Parking Code requires four (4.0) parking spaces per 1,000 sf of gross floor area for office uses. In our experience, large offices typically have an actual parking demand closer to three (3.0) spaces per 1,000 sf of floor area; however, the rate in the Anaheim Municipal Code is adequate for planning and analysis. Buildings 1, 2, 3, and 5 will remain office uses. 13,992 sf in Building 9 occupied by Orange Coast Title Company is considered as office use as well. Table 2 shows the required parking for each building component and the aggregate requirement. Katz, Okitsu Associates Traffic Engineers and Transportation Planners Anaheim Palms Teleconference Training Center 5 Parking Study Update Office Area Parking Spaces Building Number Parking Rate (square feet) Required 1 75,736 4 1,000 sf 303 2 19,600 4 1,000 sf 78 3 7,664 4 1,000 sf 31 5 26,460 I 4 1,000 sf I 106 9 13,992 I 4 1,000 sf I 56 Total 143,452 I 574 Note: Excludes floor area for American Career College and telecommunication storage American Career College American Career College occupies suites in Building 9. American Career College is classified as a "Training Center" under the City of Anaheim Municipal Code. The code specifies 20 spaces per 1,000 sE of instruction area, plus 4 spaces per 1,000 sf of office area. Parking demand for the college is shown in the table below. Use of Space Instruction Area Office Area Total Table 2 Parking Requirement for Office Uses Table 3 American Career College Parking Demand Katz, Okitsu Associates Traffic Engineers and Transportation Planners Size (sf) 10,000 15,000 25,000 Study Methodology Parking Rate Parking Spaces Required 20 1,000 sf 200 4 1,000 sf 60 260 Telecommunication Buildings Building 4 and part of Building 9 will be used for telecommunication and electronic equipment storage. Currently, Building 9 is partially used by American Career College, Orange Coast Title Company and other office uses. These areas will be used primarily for electronic and telecommunication equipment storage, while a small portion will be used as workspace to monitor the equipment. Because the City has no current parking demand standards for this use, Living Stream Ministry provided Katz, Okitsu Associates a list of sites with comparable uses in Orange County in order to sample parking utilization at existing telecommunication sites. However, due to the nature of the building and parking lot design, it was difficult and unfeasible to determine parking demand ratios at those sites. Anaheim Palms Teleconference Training Center 6 Parking Study Update Upon inspection of APTTC's current telecommunications building, Katz, Okitsu Associates found that 10% of the floor area of the building should be subject to the City's parking demand rate for office use at 4 spaces per 1000 sf. The other 90% of the building area is used solely for electronic computer network and telecommunication equipment storage. The use produces no parking demand because it cannot be occupied by employees or the public. The resulting aggregate parking demand rate for the entire telecommunications space would be approximately 0.5 spaces per 1,000 sf; however, it would be more precise to calculate parking demand using the office rate and the equipment room rate for the component areas. Building 4 9 Total Table 4 Parking Demand for Telecommunication Area Telecommunication Area (sE) 62,748 158,000 Katz, Okitsu Associates Traffic Engineers ant! Transportation Planners Areas Subject to Office Rate (sf) 6,274 15,800 Parking Rate 4 /1000sf 4 1000 sf Study Methodology Parking Spaces Required 25 63 88 Only 10% of each telecommunication area will be used for office functions. This amount of floor space is subject to the parking demand rate for Office use at 4 spaces per 1000 sE, therefore, the number of employees required to maintain the equipment will be no more than the number of parking spaces required, which is 88. Multi- purpose Teleconferencing Building The proposed multi purpose teleconferencing building will serve two types of uses: public teleconferencing and private conferencing. The new facility will be remodeled from the former Hubble office building. Public Teleconferencing Use Public teleconferencing will be held between the hours of 8 OOam to 10:00pm throughout the week. Public daytime teleconferencing use is proposed at a capacity of 1900 participants. From a site survey conducted at Living Stream Ministry's other teleconferencing center located at 1853 West Ball Road, a previously approved parking study, dated March 17, 2000, determined that the arrival rate for public teleconferencing participants is 1.81 persons per car. Data on persons per vehicle were gathered on Wednesday, November 10, 1999 for the time periods from 7 -9 AM and 4 -6 PM. The table below shows the data collected from the survey. Collected vehicle occupancy data is included in Appendix A. Anaheim Palms Teleconference Training Center 7 Parking Study Update MIME Time Number of Entering Vehicles With Total Period 1 person 2 people 3 people 4 people 5+ per of People per veh per veh per veh per veh veh 7 -9 AM 37 20 7 I 3 2 124 4 -6 PM 47 19 8 I 5 I 3 150 Total 84, 39 15 1 8 I 5 274 WA Table 6 Public Teleconferencing Parking Demand Katz, Okitsu Associates Traffic Engineers and Transportation Planners Table 5 Persons per Vehicle Analysis for 1853 West Ball Road Study Methodology Total of Vehicles 69 82 151 Therefore, the daytime parking demand for public teleconferencing is thus estimated at 1 stall per 1.81 persons, as shown in Table 6. I Occupancy Capacity I Parking Rate I Parking Spaces Required 1 1,900 Participants 1 1.81 persons Vehicle 1 1050 Private Special Events Use The Anaheim Palms Teleconferencing Training Center will host private teleconferencing services for Living Stream Ministry. These services will be limited to 21 (twenty -one) days a year, Monday through Saturday, from 2:OOpm to 10:30pm. Participants will arrive between 2:O0pm and 4:OOpm, and depart between 9:30pm and 10.30pm. Public events will not be scheduled on the same days as private events to avoid any conflict of use or parking. Private teleconferencing events will accommodate 5,000 participants. The previously approved study (CUP 2000- 04263) presented the expected modal split of arriving private events participants and the average vehicle occupancy of each mode. Approximately 60% of participants will arrive by car, 25% by bus, and 15% by hotel courtesy shuttle. Since December 2000, private teleconference vents with a maximum attendance of 4000, as authorized under CUP 2000 04263, have been conducted at Anaheim Palms Corporate Center. During these events, the modal splits utilized for this study have been observed and closely confirmed. During the summer of 2006 private events, LSM had 3566 registered attendants and utilized shuttles, taxis, and 13 buses. Based on the registration count and a modal split of 60% cars, the APCC parking lot was projected to be at full capacity. However, the lot averaged 415 empty regular spaces and 16 handicapped spaces during the six day event. Each automobile has an average occupancy of three persons, each bus 55 persons, and each shuttle three persons. The parking demand for this use is thus calculated as follows: Anaheim Palms Teleconference Training Center 8 Parking Study Update Average Persons per Vehicle 1.80 1.83 1.81 Rates per 1,000 Attendees Travel Mode I Proportion I Number of Attendees I Autos 60% 1 600 Buses 25% 1250 Shuttles 15% 1150 Parking demand rates of 200 stalls per 1,000 registrants and bus parking at 5 per 1,000 registrants are suggested. Teleconferencing use in the new multi -use teleconferencing facility is proposed to accommodate a maximum of 5,000 participants. Utilizing the rates established above, the anticipated parking demand is 1,000 parking spaces, and 23 bus spaces for 5,000 participants. The use of shuttles and drop oEEs eliminates the need for car parking spaces for 750 attendees, while bus parking eliminates the need for car parking spaces for 1250 attendees. As a consequence, a parking ratio of 1 to 3 for attendees arriving in cars is the determining factor for parking demand. According to the modal split for autos, 1000 spaces are needed for 3000 attendees. These spaces are provided on site. In addition, the site plan shows that there will be a surplus of 126 spaces on site during private events. This calculation is shown in Table 7. Travel Mode I Autos I Bus I Shuttle Katz, Okitsu Associates Tm(fia Engineers and Tmnspormi ion Planners Table 7 Private Events Parking Demand Persons Using Average Vehicle Mode Occupancy 3000 3 1250 55 750 3 Number of Vehicles 1000 23 250 Study Methodology I Number of Vehicles 1 200 I I Parking Spaces Required 1000 23 0 Anaheim Palms Teleconference Training Center 9 Parking Study Update orecas ar (rig 6 ,e4tAand Normal everyday uses at the APPTC are office use, American Career College, Orange Coast Title Company, and telecommunication equipment buildings. Office uses are projected to require 574 spaces, American Career College requires 260 spaces, while telecommunication space needs 88 spaces. When 1900- person public teleconferences are held, there will be a need for 1050 parking stalls. The total parking demand is calculated in Table 8. Typical Daily Use Parking Spaces Required Office uses 574 American Career College 260 Telecommunication Space 88 Public Teleconferences (1900 persons) 1 1050 Total 1 1972 Katz, Okitsu Associates forecasts a total parking demand of approximately 1972 parking stalls. Approximately 21 times a year the APTTC will hold private teleconferencing events. These events will have a different parking need than the normal parking demand. Living Stream Ministry will not schedule public teleconferences on the same day as private conferences due to logistical conflicts. Parking demand on a day when private events are held is calculated in Table 9. Typical Daily Use 1 Parking Spaces Required Office uses 574 American Career College 260 Telecommunication Space 88 Private events (5,000 persons) 1 1,000 (23 buses) Total 1 1922 (23 buses) During evening private events, the proposed facility is forecast to generate a demand for 1922 parking stalls, plus 23 bus parking stalls. Katz, Okitsu Associates Traffic Engineers and Transportation Planners Table 8 Normal Parking Demand Table 9 Private Events Parking Demand Anaheim Palms Teleconference Training Center 10 Parking Study Update 4. Parking Supply The proposed project site plan provides surface parking for 2048 regular stalls and 23 bus parking stalls. These spaces are adequate for all project scenarios. Table 9 shows parking demand and supply for each scenario at the APTTC. Scenario (Normal 1,900- Person Public Teleconference) (Normal 5,000- Person Private Conference) Table 9 Parking Supply Parking Demand Parking Supply I Supply Adequate? Cars I Buses Cars I Buses I Cars I Buses 1972 0 2048 23 Yes Yes 1922 23 2048 23 Parking supply is sufficient for all uses during of the project at the APTTC. Yes Yes It is important to note that for private special events the majority of the participants will be from out of town and will be staying at local hotels. As a result, participants will be clustered in specific spots and the Living Stream Ministry will have information on the location of their accommodations Erom event registration documents. This facilitates the following measures, which are suggested to alleviate parking pressure during the special events: Special events now require and will continue to require registration, including information on the location where the participant will be staying. Busing will be provided to and from the facility to designated conference hotels. Living Stream Ministry currently uses buses to reduce traffic and parking congestion at its existing West Ball Road facility. Records indicate that 30% of participants routinely arrive and depart in buses. As per the assumptions made earlier regarding bus utilization it will be necessary to keep close to this level of bus utilization to adequately allow for on -site parking and transportation of all conference participants at APTTC. The event administrators will inform participants of available accommodations at designated conference hotels in order to cluster the individuals and thus facilitate transit to and from the teleconferencing center by bus, hotel shuttle, or taxi. Participants will be informed of the parking available at the facility and every effort will be made to encourage individuals to use the buses. L.C Katz, Okitsu Associates rrajjiz Engineers and Trnmpv:atwsi Planers Anaheim Palms Teleconference Training Center 11 Parking Study Update Katz, Okitsu Associates Traffic Engineers and Tnmspanmion Planers Participants will be informed that on- street parking at the event should be avoided as a courtesy to local residents and businesses. Living Stream Ministry personnel will assess the parking during events to determine if parking demand is exceeding the supply and imposing on local on- street parking. Permit parking measuies to encourage carpooling will be utilized, if necessary, through issuance of a limited number of parking permits and forcing those without a permit to utilize bus transportation. Living Stream Ministry personnel will direct and control arriving and departing traffic to ensure smooth flow in APTTC parking lot and streets immediately adjacent APTTC property. Par/zing Supply Anaheim Palms Teleconference Training Center 12 Parking Study Update 5. ;us PaStips The bus circulation plan for the project will allow 23 buses to park on the site in a parking area adjacent to the proposed building site. The plan will allow event participants to safely unload to and load from the teleconferencing building. The bus parking area and access is shown in Figure 3. WA Katz, Okitsu Associates Tm ffie Engineers and Transportation Planners Anaheim Palms Teleconference Training Center 13 Parking Study Update Buses will be instructed to park in queue, starting at the southernmost designated parking space. Exit n I I 111 I I 111 PN 1 1 I 111111111 1111111 lilTIT 1111111 II CIIIIIIIIIC11111I11 CIIIIIIIII {1111111 ICIIIIIIIC 01111111111111111111 1111111[} LI111111111 111111111 111111111 mHHHH IIIIIIIIICIIIIIII CIIIIIIIIICIIIIIIIII_IIIIII I LI1111L1151. WIJJ111111111 111P1111nuu n1L1111111n11(111111j'1 APTTC: PRIVATE CONFERENCE BUS CIRCULATION H111 HIIIIIIL 1111111 ti WA Katz, Okitsu Associates Anaheim Palms Teleconferencing Training Center Planning and Engineering I in the City of Anaheim SEC RI Y En.er Not to Scale Figure 3 Bus Parking 6. 'Fin a ings The Anaheim Municipal Code requires certain findings to be made before parking waivers are granted by the Planning Commission. On the basis of this report, five findings must be made. The findings reported herein are made with the assumption that extra ordinary measures will be taken during the private training conference events. The findings and specific responses are provided as follows: The variance, 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. The parking study indicates that the parking demand for off street parking spaces will not exceed the supply available at the facility. 2. That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the inmtediate vicinity of the proposed use. The proposed project will not cause any significant demand for on- street parking spaces, since the everyday use and special events use will not exceed available parking off street. 3. That the variance, under the condition imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the inttnediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of the code). The proposed project will not cause any demand for parking on private property in the vicinity of the proposed use. Adequate parking is provided on -site. 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off street parking areas or lots provided for such uses. The amount of parking demand forecast for the site is less than the supply provided on site. Traffic and parking congestion will not occur, because the overall demand for parking at the site is within the supply. The layout of the parking area is such that traffic congestion inside the parking area will not be excessive when parking demand is equal to or lower than supply. 5. That the variance, under the conditions unposed, if any, will not impede vehicular ingress to or egress from adjacent properties, upon the public streets in the immediate vicinity of the proposed use. The proposed project will not impede vehicular ingress or egress, because the project is not expected to result in demand for on- street parking in the vicinity of any driveways or other locations in the project vicinity. WA Katz, Okitsu Associates Traffic Engineers and Transportation Planners Anaheim Palms Teleconference Training Center 15 Parking Study Update 7 conclusions and IRecommeiidations Based on the preceding technical analysis Katz, Okitsu Associates makes the following recommendations: Restricting the maximum number of attendees during to 1900 for daytime public teleconferencing use. Restricting the number of days for evening private training conferences to twenty -one (21) days a year, in which the maximum allowable attendance per event equals 5,000 participants. Implementation of suggested measures for alleviating parking pressure during the private training events. On -site parking should be provided per the site plan. Katz, Okitsu Associates Trait Engineers and Transportation Planners Anaheim Palms Teleconference Training Center Parking Study Update Katz, Okitsu Associates Traffic Engineers and Transportation Planners APPENDIX A Vehicle Occupancy Survey Anaheim Palms Teleconference Training Center Parking Study Update bd WUTT:E0 6661 ST '^ON W O 0 0 0 0 o 0 0 0 x 0 0 0 0 0 0 0 0 0 M 0 0 0 0 0 0 0 0 0 N O. o O tl 0 0 0 a P' 0 0 v- N N o F O O M 0 t 0 M 000 O I� r n w ro 838 i r r r i r i W 6 M spy M O b {pn rpm 4:. Q A r W W W 7 O ,„0- tl O 0. 9 W 7 N 0 0 0 tl 0 N 0 Q 0 q Z q W 4 W_ w 0 0 to w 0 O n o 0 0 N 0 6 a 0 g n w W o 0 0 e a 0 r: n w o 0 0 6 p N M 0 N o 0 N o N LLB29bb 929 'ON 3N0Hd NOIll105 DIddtlNl 3H1 NObd Sd WHTT :£0 666T ST 'AON O a te 0 0 0 0 0 0 0 0 O H 0 0 0 0 0 0 o 0 0 t n W W Z p 0 0 0 0 0 0 0 0 a O N 0 0 e O O a 0 a 6 0 VS 0 0 0 N O.- N t i in �n 5 u+ 0 000000 0 O w 0 0 0 ■t 000000000 -P W W a M 0 0 0+ 0 0 0 0 O a p 0 0 0 0 0 0 0 0 a 0 0 [0 0 00 o r �n 0 0 U h 00 O Q p t µl 41 N s o 0 O O A M �y c a v v v t w to N 40 LL8291Nb 99 ON 9NOHd NOILIlOS OIJdU'1 9H1 WONA 9d WU11:20 6661 S1 °N 0 w o 0 0 0 0 0 0 0 0 0 W W o 0. I0 w a (9 0 0 0 0 0 0 0 0 J ,M 0 00 000000 0. O x 0 N p O p 0 e O e e O a z 0 W h O N N 0 o 0 O< v 3 N m X m o us a 0 m c e d N N W O d 0 e O (1 O O g O O M! O 0 eJ b J OD UU 0 C 0 O e- 7 p O O 0 O W w W m M 0 e e O 0 0 1— N m 4 C cc 4 i1 N ma y Z_ V Q om I N p O M n N O o 0 Q M g a o X F p ti z U O 0 W 0 U C.A. m r- w n M Y b N z p P O Ilg3$ w ili 0 0 0 Ill a 0 e o a C V' 0 C. 0 I T I w O 4L I In q c J i E W g r a o 0 0 00 LLBE9177 9E9 'ON 3NOHd NOIIIl19S DIddual 3H1 WONd Ld W 1 :£9 666I St °N W W O 0 o 0 00 O o o 0 c o o D o- D o o X G a a y r) 0 00 ON o 0 0 0 5 A 9 CU N O N N O O W a z O uN' o to 4 2 a O 0000,0000 re 0 uW. a N .Y o) 0 0 0 La ti P ti 2 2 2 0 2 oil W Q 00 o o g ui 9 0 V p 0 0 0 0 0 000 y w a Q W pI 0 0 0 w o o Ill N W 7,- 4 002 2 W p N 0 00000000 O o W n o d O o W 6 Y 1i- a< 1O z O N W 0 Z 4 0 0 0 0 0 0 0 0 g 3 o a II o 4 q 8 0 q W q N oO U O ti ti r 2 2 m Z q 8. y t1Y w 2 [2 p N cc Q A h ry A O (O 0 Ol o a O a LLB291 929 'ON 3NONd NOI1fllOS OldJ d 3N1 WONd Anaheim Palms Teleconference and Training Center: Traffic Management Plan ITEM NO. 7 OVERVIEW Revised: 9/15/2006 The revised site plan for the Anaheim Palms Teleconference and Training Center (APTTC), located at the former site of Hubbell Electric, contains significant improvements in overall layout, including an increase in the number of parking spaces, while, at the same time, segregating streams of vehicular traffic to maximize the reduction in vehicular interaction with pedestrian movement into and out of APTTC. Designated pick up and drop -off areas for bus, taxis, hotel shuttles have been more effectively incorporated into the plan to ensure ease of access and pedestrian safety. Bicycle racks, accommodating attendees who choose to utilize this transportation modality, have also been clearly designated. (See Anaheim Palms Corporate Center: Site Plan, attached) Attendees to public and private events at APTTC, entering from Electric Way, will now be able to travel north into the lot, enter into any one of ten (10) east/west parking aisles, and travel west to spaces nearest the building. Upon exiting their vehicles, pedestrian will be functionally segregated from later arriving vehicles, which will be parking behind them in open stalls to the west. The new layout reduces the pedestrian interaction with vehicles moving through the parking lot and parking on -site. Pick -up and drop -off locations for buses, taxis, and hotel shuttles have been located in areas that greatly reduce the potential for interaction with vehicles moving through the parking lot. Bus parking has been relocated to the west side of APTTC, allowing buses to enter from Electric Way, proceed around the north of the building to park. At the conclusion of any event, buses will be exit without the need for any movement in reverse directly onto Woodland Avenue from Hubbell Way. Exit doors on the west end of APTTC will allow bus passengers to quickly board buses without the need to interact with vehicles from associated with attendees arriving by car, taxi, or hotel shuttles. Bicycle racks are also located on the west side of APTTC. (See APTTC: Bus, Taxi, and Shuttle Drop off Sites Bicycle Racks, attached) Pedestrian circulation pathways have been enhanced to provide for maximum segregation of pedestrian and vehicular movement. Four (4) pedestrian walkways spanning the length of the parking lot are provided on the east side of APTTC, and two (2) are provided in the bus parking area. (See APTTC: Pedestrian Circulation Plan, attached) APCC Traffic Management Plan, Page 1 of 12 I I Tniu I. 1 Rrrlil llii(: 1� 1 ff l 1 n W1J!' u mina( 1 IIRI? lr IIr (17tnitl �lil�l i d14 Hl PlilltliNfrilllitifNio iiitri tsresr:1rnr: C illIII:IL\ Nzi_ �!IWJ_,1LL 1111ID11 I LLLIIJ.!FF 1 ll11111] ni: flm 'ni rruinTn Trn U'�IIIII'EIllll�' }Ii1H woouxo [QM ll e— YH1114.144fl*ICIA tuthI._IUUtW 1IIII 1911ElIIlan111111 I;If.Cllf'•11111 1 1110 1 I+II Pi;W11llP1LLIL 1111L1fU1f too SCALE Oii IIflf[O1117uiilih1Ll 6 Th tm 200 FEET PROJECT SITE SITE PLAN: PROJECT SITE AND APCC VICINITY MAP ROHR OIfl110 tnOP„". =`am Mt fIO1110 pp ,,1 111,�11,, 0M8 HMO 1 lIflIflIlOHNIMI101iOlIi000 IMO "IIl IWHWI IA W. LA BULDPICISI Pfl MWt JI 111Plllllj 111(1111111111121 11 iffffTihnun(1®nn1-i 111111111iuu1uu11 C SITE IS SHOWN RKING BPI FhIIIIOII010 11 41011h1 0 OIIBO IIIOIOII010 OII1OIIIIO01O '1 I C Designated Bus Loading Unloading Designated Bicycle Parking i nimiliiiir. trrirntrirritrwrr L.N. L I nwitiiiliii Lii I WWHLUHUUL tOBBEL WAY [111+111111[111111111111111111 c 1 1 1 1 111111111 APTTC: BUS, TAXI, AND SHUTTLE DROP OFF SITES BICYCLE RACKS 111111111 111111111 1 -1 111111111 11111111111111111i E/ Designated Taxi WAY 1 CTRI Hotel Shuttle Drop-off Site NORTH 111111111 1 11 111111 111111111 1 111111111 1111111d tJBSEL WAY 11' "1•1111., (11111111111F\ i Pedestrian Walkways APTTC 111111111 IIII V III �.9 s•• 1111111 1111 111 1111111 1 111LI L APTTC: PEDESTRIAN CIRCULATION PLAN 1 1111111 Ill 1111q 11111111 1 111111111 111 1111 U L LLf111111f =EC7RI WAY NORTH PUBLIC EVENTS: Dates and Expected Attendance Availability: APTTC will provide corporate clients and the general public access its teleconferencing services throughout the week from 8:00 a.m. to 10:00 p.m. Maximum occupancy for public operations will be limited to 1900. No conflicts between the operation of APTTC and those of current occupants are anticipated, given adequate parking support and streamlined ingress and egress options for the overall site. (See "Parking Study Update for Anaheim Palms Teleconference Training Center in the City of Anaheim," July 2006.) Attendance: 1900 maximum. PUBLIC EVENTS: Parking Supply and Demand Parking supply and demand for public events is detailed below. 1'ARKING DEMAND AND SUPPLY: PUBLIC TELECONFERENCES'.: Building Building 1 Building 2 Building 3 Building 4 Building 5 Building 6 American Career College Instruction Area Office Area Orange Coast Title Public Teleconf. (1900 persons) Size (sf) Rate 75,736 4/1000 19,600 4/1000 7,664 4/1000 6,274 4/1000 26,460 4/1000 17,570 4/1000 Spaces Required 303 78 31 25 106 63 10,000 20/1000 200 15,000 I 4/1000 60 13,992 I 4/1000 56 1 1.81 pers /vehicle 1050 Total Parking Demand 1972 Total Parking Supply 2048 Surplus Parking on Site I 76 Source: Katz, Okitsu Associates, "Parking Study Update for Anaheim Palms Teleconference Training Center in the City of Anaheim," Tables 2 -5, July 2006. Use Office Office Office Office Office Office Mixed Instruction Office Office PUBLIC EVENTS: Arrivals and Departures Arrivals and departures will vary according to the event scheduling of each business client. PUBLIC EVENTS: Modal Split Attendants for public teleconference events are anticipated to primarily arrive by car at a rate of 1.81 passengers per car, generating a parking demand for 1050 stalls. APCC Traffic Management Plan, Page 5 of 12 PUBLIC EVENTS: Traffic Flow Measures on Public Streets and Site Interior Ingress and egress traffic for public events will occur primarily from Woodland Avenue. APTTC event coordinators will specify this as the preferred route for entrance and exiting in its communications with event planners and in its event contracts. Ingress and egress traffic for public events can also be accommodated from Gilbert Street and La Palma Avenue. Movement of traffic on Gilbert Street and La Palma Avenue will be facilitated by newly installed traffic signalization at the west entrance into APTTC on La Palma Avenue. APTTC will allow on -site facilitation of traffic movement by event promoters, including temporary directional signage and parking assistants. APCC Traffic Management Plan, Page 6 of 12 PRIVATE EVENTS: Dates and Expected Attendance Availability: APTTC will provide private teleconferencing services for Living Stream Ministry. These services will be limited to 21 days a year, Monday through Saturday, from 2:00 p.m. to 10:30 p.m., with participants arriving between 2:00 p.m. and 4:00 p.m. and departing between 9:30 p.m. and 10:30 Maximum occupancy for these special operations will be limited to 5,000. Currently, two six day international trainings occur each year; both coincide with major summer and winter holidays. Other shorter events occur around Memorial Day, Labor Day, Thanksgiving, and New Years Day, as well as a conference in mid spring and in mid -fall. During these events, other teleconferencing services will not be available to the general public to avoid event conflicts. In addition, no conflicts between the operation of APTTC during special events and those of APCC's current long -term occupants are anticipated, given the management of parking, multiple ingress and egress options for the overall site, and other mitigating factors. (See "Parking Study Update for Anaheim Palms Teleconference Training Center in the City of Anaheim," July 2006.) Attendance: 5000 maximum PRIVATE EVENTS: Parking Supply and Demand Parking supply and demand for private events is detailed below. PARKING DEMAND AND SUPPLY: I'RIVATE TELECONFERENCES Building Building 1 Building 2 Building 3 Building 4 Building 5 Building 6 American Career College Instruction Area Office Area Orange Coast Title Private Teleconf. (5000 persons) Cars Buses Shuttle Use Office Office Office Office Office Office Mixed Instruction Office Office Persons per Mode 3000 1250 750 Size (sf) Rate 75,736 4/1000 19,600 4/1000 7,664 4/1000 6,274 4/1000 26,460 4/1000 17,570 4/1000 10,000 15,000 13,992 20/1000 4/1000 4/1000 Total Parking Demand Total Parking Supply Surplus Parking on Site Spaces Required 303 78 31 25 106 63 200 60 56 3/1000 1000 55 /per bus 23 3 /per vehicle 0 1922 (23 bus) 2048 (23 bus) 126 Source: Katz, Okitsu Associates, "Parking Study Update for Anaheim Palms Teleconference Training Center in the City of Anaheim," Tables 2 -6, July 2006. APCC Traffic Management Plan, Page 7 of 12 PRIVATE EVENTS: Arrivals and Departures The impacts of arriving and departing traffic can be reliably anticipated given the set schedule of private conference meetings, and they can be reliably mitigated given the forecasted trip distribution of arrivals and departures. The six day conferences consist of two meetings per day. The first meeting is scheduled from 4:00 PM to 5:30 PM. Ingress traffic will begin at approximately 3:00 PM and continue to approximately 3:50 PM. There is a meeting break from 5:30 PM to 7:00 PM. There is minimal egress /ingress traffic during the dinner break because food catering services are provided to the attendees, who remain on the campus due to the brevity of the break. The second meeting is scheduled from 7:00 PM to 9:30 PM. All vehicles are off -site by 10:30 PM. PRIVATE EVENTS: Modal Splits Approximately 1000 cars will be arriving and departing. In addition, 23 buses will be utilized with arrivals and departures occurring on Woodland Drive. Shuttle vehicles from nearby hotels also will drop off and pick up some of the attendees. (See "Parking Study Update for Anaheim Palms Teleconference Training Center in the City of Anaheim," July 2006.) PRIVATE EVENTS: Traffic Flow Measures on Public Streets and Site Interior a Police Department and /or Traffic Management personnel will ensure the orderly and timely ingress /egress of traffic on La Palma Avenue at staffing levels recommended by the Anaheim Police Department Traffic Bureau. New traffic signalization has been installed at the intersection of Gilbert and La Palma Avenue, pursuant to engineering specifications provided by the City of Anaheim, to facilitate ingress and egress from the east entrances of the APTTC site. O Parking supply and parking demand estimates for private events indicate a surplus of 126 spaces. 6 Bus arrivals and departures will occur on Woodland Drive. The loading and unloading of bus passengers at the APTTC site will occur in designated areas, separated from the interior movement of cars, allowing for maximum safety during offloading and loading. Separate entrances into the APTTC facility will ensure a maximum separation of bus pedestrian traffic and interior vehicular traffic. (See attachment, APTTC: Private Conference Bus Circulation.) During private events, Living Stream Ministry will o Assess actual parking trends to determine if parking demand exceeds supply and provide parking permits as needed in order to maintain the maximum use of available buses. o Direct the movement of vehicles during private teleconference events through the coordinated use of parking assistants to ensure a smooth flow of traffic into APTTC parking areas from ingress points on public streets immediately adjacent to APTTC property. Cars entering the site will be directed to interior areas of the site through the use of traffic flow assistants and traffic cones to reduce backups and delays on public streets. Parking assistants will systematically fill parking areas. (See attachments, APTTC: Private Conference Car Entry and APTTC: Private Conference Car Exiting.) APCC Traffic Management Plan, Page 8 of 12 Registered participants to private teleconference and training events will be: o Provided with advance notification of traffic management and parking procedures in their registration packets. o Notified of off -site bus pick up points at designated conference hotels. o Informed of parking availability and encouraged to make use of buses. o Informed of need to avoid parking on public streets, given the surplus of on -site parking sites and the availability of bus transportation. PRIVATE CONFERENCES: Additional Measures o Advance Notification of Event Schedule: A calendar of events will be submitted to the Code Enforcement Division of the Planning Department by January 1 of each calendar year indicating the dates and times of the two (2) six day conferences for the upcoming year. Notice of any change in schedule will be given at least one (1) month prior to any event. A copy of this schedule will be provided to the Anaheim Police Department Traffic Bureau. Events will be confirmed with the Anaheim Police Department Traffic Bureau thirty (30) days prior to the scheduled events for review and recommendations concerning the provision of Anaheim Police Department traffic management assistance. Police: Traffic management assistance will conform to the recommendations of the Anaheim Police Department as determined by their review. APCC Traffic Management Plan, Page 9 of 12 Buses will be instructed to park in queue, starting at the southernmost designated parking space. 08 EL WO' Exit At N B111111111_11111111111111E_ n1m1i1H APTIt: PRIVATE CONFERENCE BUS CIRCULATION Enter r NORTH iJ II111111 1h mil 0111 11111111111 1111 _111W IMC MITI' ITITITIT •ITITIT n 1I (1111111 [`N ,IIIIIIIH II1111 M11111111 1111111 1 I CIIIIII1ll Ilf 11111 I it 111111111 1111111111111111 IJ 1j 1111 I1_I 1111111111111 I11J1111 IJ2111111111 I fl I I wI r II II W, APTTC: PRIVATE CONFERENCE CAR ENTRY m111 1_111111111 A NORTH Cars will be directed to enter APTTC only from Electric Way to avoid cross directional traffic flows. 17111TITI IWIIITRI'll 11111111111H\ 111111111; 11 i J •OBBEL WAY 1 111HIM! =HMIII i11111111IuI1111111 R111111W Cars will be rT 1 1 1 1 1 1 iI I I l l l l l l i I I I l I I I L directed to Q111111111.111111111'.1.11 111111111111111111.1111n ElecfrcWa I I I I I I 111 p 1 I) l l I_I_I n l I I 1 I 1 1 1 1 1 1 1 01111 1 1 1 1 1 rl I I I I I l l' di rectional avoid cross- t G di Ec c. traffic flows w xl and conflicts with buses iting onto Hubbell Way. APTTC: PRIVATE CONFERENCE CAR EXITING NORTH Item No. 8 RCL 66-67-64 (14) VAR 2678 CUP 3010 I- W W V) O W N 2 Q SP 94-1 (SG) DA2 RCL 65-66-24 (29) CUP 3626 CUP 3D10 VAR 4132 VAR 4104 VAR 2876 IND. OFFICE BLDG. SP 94-1 (SC) DA2 RCL 6566-24 (29) CHURCH CUP 2004-04945 CUP 3010 VAR 4133 VAR 2676 (CUP 2003-04793) CHURCH i j® 610' LANDON DR SP (SC) DA 2 RCL 66-67-64 (14) CUP 3010 VAR 4230 VAR 2878 INDUSTRIAL BLDG. RCL fib-67-64 (14) CUP 3010 VAR 4230 VAR 2876 SP 94 1 (SC) DA2 SP 94-i RCL 66-67-64 (14) CUP 2006-05126 m ~ ;3 CUP 3010- CUP 3010 -VAR 2678 ~ VAR 2878 ' . VAR 4230' VAR 4230 ADJ 0150 ":INDUSTRIAL BLDG. YKK 21PPER - ~ ,.; COMPANY d~ 319'-~ LA PALMA AVENUE SP SP 94-1 (SC) DA 2 RCL 66-67-64 (10) MTI LING SP 94-1 (SC) I SP 94-1 (SC) DA 2 DA 2 RCL 66-67-64 (10) RGL 66-61-64 (9) RCL 66-67-64 (9) '~ I VAR 2323 I RCL 66-67-64 (7) SMALL INDUSTRIAL THE ORMAN FIRMS GRUBB CO. SP 94-1 66-67-64 (4 RCL 66-67-64 MALL IND. FII RCL 66-67-64 (~L 66-67-6 'BRED CO. INC. SP 941 RCL 66-67-64 ELECTRICAL P( ci io eTnnr. N _. ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Conditional Use Permit ND. 2006-05128 Requested By: CINVEST LLC 4999 East La Palma Avenue Subject Property Date: October 2, 2006 Scale: 1" = 200' Q.S. No. 172 10130 Subject Property Conditional Use Permit No. 2006-05128 Requested By: CINVEST LLC 4999 East La Palma Avenue Date: October 2, 2006 Scale: 1" = 200' Q.S. No. 172 40130 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Date ofAedal Photo: Staff Report to the Planning Commission October 2, 2006 Item No. 8 8a. CEQA NEGATIVE DECLARATION {Motion) 8b. WAIVER OFCODE REQUIREMENT ' (Motion) 8c. CONDITIONAL USE PERMIT N0: 2006-05128 (Resolution) SITEtOCATION AND DESCRIPTION: (1) This rectangulary-shaped, 3.13-acre property has a frontage of 319 feet on the north side of La Palma Avenue, a maximum depth of,428 feet and is Jocated 610 feet east of the centerline of Manassero Street (4999 East La Palma Avenue). _ REQUEST. (2) The applicant requests approval of a Conditional Use Permit to permit a church within an existing industrial building under authority of Code Section 18.120.070.050.0511 with waiver: of the following: SECTION NO. 18.42.040.010 Minimum numberof parking spaces 1243 required; 159 proposed).,,. BACKGROUND: j3) This property is developed with an industrial building and is zoned SP94-1;'Development Area 2 (Northeast Area. Specific Plan No. 94-1, Expanded Industrial Area).' The Anaheim .General Plan designates the site for Industrial land uses and further designates all surrounding properties for Industrial land uses. The property is also located in the Merged Redevelopment Area. PREVIOUS ZONING ACTIONS: (4) The following zoning actions have occurred on the property: ® Variance No. 4230 (to waive the minimum numberpf parking spaces to construct a tl 93,800 square building in two phases) was approved by the Zoning Administrator on August 5, 1993). This variance applies to this property as well as other,parcels under separate ownership. > Administrative Adjustment No. 150 (to waive the maximum floor area to construct a '69,705 square.foot industrial building) was approved by the Zoning Administrator on February 4, 1999. d Conditional Use Permit No. 3010 (to permit industrially-related office uses in conjunction with. a proposetl industrial complex) was approved by the Planning Commission on June 20, 1988. Variance No. 2878 (waiver of lots abutting a public street to establish a 27-lot subdivision) wes approved by the Planning Commission on`November 22, 1986. 'PROPOSAL: __ ,(5) The applicant is requesting approval of a conditional use permiQto establish a.14,922 square foot. church in an existing 69,705 square foot industrial building. There are currently two (2) other tenants within the industrial building which include a wheelchair distributor and a research and development firm. Page 1 Staff Report to the Planning Commission October 2, 2006 Item No. 8 (6) < The site plan (Exhibit No. 1) indicates that the existing two story industrial building is orated at the northeast portion of the site surrounded by a parking lot. The church is proposed in the northwest portion of building do both the first and second floor {7) The floor plan (Exhibit No. 2) indicates that the church consists of an assembly/sanctuary area,: multi-purpose room, storage, sound room, video room, cry room; toddler room,. youth ministry,bookstore, prayerroom and andillary uses (restrooms, hallways dressing rooms, foyer area, platform, electric room and corridor area). (8) Vehicular access to the site is provided via two (2) existing driveways from La Palma Avenue. Plans indicate a total of 159 existing and proposed on-site parking spaces for this property. Code requires 243 spaces.based on the following:: CODE-REQUIRED pARKING USE SQUARE FEET PARKING RATIO REQUIRED :(per 1,000 sq. ft) , 4995 E. La Palma Ave. 4,651 29/1,000 s.f. 135 Church ASSembly /area For non-fixed sealing area Ancillary Uses Restrooms, hallways, janitor room, foyer, 7,370 N/A N/A electrical room, dressing rooms' Sound room, vided room, cry room, prayer room, toddler room, ministry 2,901 N/A NIA room, book store.{only open dudn bhurch services ' 4999 E. La Palma Avenue :Office Use 6,699 ' 4/1,000 s.f. 27 "(Research and Development :: Tenant) Mezzanine storage 2,385 1.55/1,000 s.f 4 4999 E:La Palma Ave. WheelchairDistributor 2,129. 4/1,000s.f. 9 (africe use) Wheelchair Distributor (Warehouse area including 10% 43,570. 1.55/1,OOOs.f. 68 of office area allowed to be 'wnslderert st warehouse arkln standard) ' TOTAL 69,705. 243. spaces "Cade does not require any parking for the accessory uses such as cry rooms, prayer rooms, etc. restrooms, _ .. -',lobbies orhallways Page 2 Staff Report to the Planning Commission October 2,.2006 Item No. B (11) Sign plans (Exhibit No. 6) indicate two proposed 12 square foot fabric awning signs above the main entry doors to the church facility. Currently there is one existing wall sign on the south elevation facing to Palma Avenue for one of the existing tenants.:One awning sign is proposed along the west elevation of the building facing theparking area and the other is proposed on the north elevation of the building facing the rear parking area. Code permits a maximum of three (3) wall signs on both the north and. west elevation for the church based on the frontage of the tenant space, Wall signs shall not exceed a letter height of twenty-four (24) inches (fora 2-story structure) and a maximum area of 10% of the facility's elevation (or 200 square feet, vvhichever`is less}. The proposed wall signs comply with code. Plans further indicate a 5 foot 6 inch high monument sign proposed along La Palma Avenue. The sign complies with code in;~egards to size however the monument sign .needs to be relocated to the east to comply with Engineering Standard Detail No. 115 pertaining to line of sight requjrements for signage ocated adjacent to a driveway. A condition of approval has been added requiring staff review of final. sign plans including this relocation: (12) The applicant has submitted the attached letter of operation and project description indicating the hours of operation are worship services in the Sanctuary on Monday, Wednesday and Friday for four hours from 7:00 p.m. through,11:00 p.m. and on every , Saturday for six hours from 11:00 a.m. through 5:00 p.m. No;private school or child daycare is proposed. Office staff will not be on-site during the day as the church has an off-site office. (13) Reof plans (Exhibit tJos.4 and 5) have been submitted indicating that roof-mounted equipment is proposed for the church facility. Plans indicate a proposed screen wall to hide She equipment frompublic view. Staff has added a condition of approval requiring that all roof mounted equipment and proposed screening shall comply with`code. ENVIRONMENTAL IMPACTANALYSIS: (14) .Staff has reviewed the request to permit a'church within an existing industrial building and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impactand, therefore, recommends that a Negative Declaration be approved upon a finding`by the Commission that the declaration reflects the independentjudgment of theJead 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 hat the project will have a significant effect on the environment. EVALUATION: (15) .Churches are permitted in SP94-1, Development Area 2 zone subject to the approval of a conditional use permit provided that the hours and,days of operetion and the duration of the permit is specified in he approval. The Code furthe[ specifies where the church is not the exclusive use of the broperty, that activities priorto 6:00 p.m. `during the week shall be limited to church office staff. The proposed hours of operation comply with code limitations. (16) The waiver pertains to the minimum number of parking spaces: `Code requires a minimum of 243 spaces for the entire industrial/office complex including the proposed church and plans >'ihdicate 159 code-compliant spaces. (There are tahdem spaces shown in the loading dock __ area on the site plan that do not comply with code that v/ere not counted towards the spaces provided.) The City's independent Traffic Consultant hasprepared'a parking analysis dated .August 2006, and has determined that the proposed parking area referenced in the study would be sufficient for the proposed uses on the property. Based upon the recommendation ..Page 4 Staff Report to the .Planning Commission October 2, 2006 Item No. 8 of the City's independent Traffic Cohsultant, staff recommends approval of this waiver based on the following findings:;' "(a) That the waiver, tender the conditions imposed, ff any, will not cause fewer off-street parkingspaces to be provided for suchuse 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 site will provide adequate parking onsite for all of the uses including the proposed church use. No pffsite parking spaces will be needed. (b) That the waiver, under the conditions imposed, if any, will not increase the demand ' <and competition for parking spaces upon the publiastreets in the fmmediate vicinity of the proposed use. The site will provide adequate parking onsite for all of the uses including the proposed church use.' Curbside parking is not available along La Palma Avenue. (c) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property inYhe immediate vicinity of fhe proposed use. The site will provide adequate parking onsite. Nb overFlow parking is anticipated to occur upon adjacent ptivate property. The Cornerstone Church is Immediately `adjacent to this site. (d) That the waiver, Lnder the conditions: imposed, will not increase traffic congestion within the off-street parking areas or lots provided forsuch use. The site will provide sufficient parking onsite for its uses.. Because the supply of .parking spaces is adequate for the observed parking demand, no congestion within he parking lot fs expected. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets is the immediate vicinity of the proposed use. The site will provide sufficient parking onsite fonts uses. The parking areas are set sufficiently within the site, so as to preclude any backing up onto City streets. This ensures that there will be no vehicles queuing to get in that could ih any way impede the: ingress or egress from adjacent properties." <' As a recommended condition of approval, staff is requiring that the security gates alongthe north patking lot, as shown in the follov/ing photo, be opened at alt times during church activities prevents. Page 5 Staff Report to the Planning Commission October 2, 2006 Item No. 8 ~/ g G jy f ~ YfY L t/A Ggun~ u4 v.~ ~` ~~n ~ ~#i5°GI91~ , r' ~~ ~ .security gaffe e' mid v - ~< ~,~.-~ «~ ~~., 'yr ~ ~ :L~ (17) The property is located in an area that allows a variety of industrial and industrially-related uses, ranging from light industrial business to research and development offices. The potential for operational conflicts with. the industrial building to the north, the warehouse to the south and the industrial(officebuilding to the east is minimal due to the types of uses occupied within those buildings, and because the church services occur: on Saturdays and on weeknights after 6:00 p.m., when the industrial activities typically cease. The property located to the west of the premises is a church and school facility;(Comerstone Church}. There will be little overlap in the operating,hours for the two church facilities since the Cornerstone Church has its main services on Sundays and study classes on Wednesday evening and the proposed facility services will be on Monday, Wednesday and Friday evenings,aod on Saturdays. The adjacent industrial .uses do not havebutdoor uses associated with their;business operation nor do they operate in the evenings or do weekends. Because this particular property is not adjacent to heavy manufacturing, the likelihood of conflict with adjacent land uses is unlikely, therefore, the use would not adversely affect the adjoining land uses or growth and development of the surrounding properties, and staff recommends aoQroval of the project. FINDINGS: (18) Section 18.42.110 of the parking code sets forth the. following findings which are required to be made before a parking waiver is approved. by the Planning Commission: (a) That the waiver, under the conditions imposed., if any, will not cause fewer off-street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable cohditions of operation of such use. (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon thepublic streets in the immediate vicinity of the proposed use. (c) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in he 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 lots 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. Page 6 Staff Report to the Planning Commission October 2, 2006 Item No. 8 Unless conditions to the contrary are expressly imposed upon the,granting of any waiver pursuant to this section, the granting bf the waiver 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 waiver. Exceeding, violating, intensifying or othervvise 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 waiver, which shall subject the waiver to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modificationpf Permitsj. (19) Before the Commission: grants any conditional use permit, it must make a finding of fact that he evidence presented shows that all of the following conditions exist: (a) That the use is property 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); (bj .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 br to the health and safety;. (d) That the traffic generated by the use will not impose an undue burden upon the streets ahd highways tlesigned 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: (20) .Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report., and oral and written evidence. presented at the public hearing, that the Planning Commission take the following actions: (a) By motion, approve a Negative Declaration for the project. (b) By motion, approve the waiver of minimum number of parking spaces 243 required; 159 existing and proposed) based on the findings contained in the parking study prepared by the City's Independent Traffic Consultant and summarized in this staff report. (c) By resolution, approve Conditional Use Permit No. 2006-05128 to establish a church in an existing industrialbuilding by adopting the attached resolution including the findings and conditions contained herein. Page 7 [®F2t~F7] RESOLUTION NO. PC2006--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05128 BE GRANTED .(4999 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: PARCEL B, AS SHOWN' ON THE PLAT ATTACHED TO LOT LINE ADJUSTMENT LL386 RECORDED SEPTEMBER 16, 1997 AS INSTRUMENT NO. 19970450945 OF OFFICIAL .RECORDS OF ORANGE COUNTY, CALIFORNIA WHEREAS, the Planning Commission. did hold a public hearing at the Civic Center in the City of Anaheim on October 2, 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 church is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.120.070.050.0511 with the following waiver: SECTION NO. 18.42.040.010 Minimum number of oarkino spaces 243 required; 159 proposed) P. That the parking waiver is hereby approved based upon the parking analysis prepared by the City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the combination of uses on the site; 3. That the parking waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for such use than the number ofspaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use; because sufficient parking. spaces will be available immediately surrounding the building for the church uses both on Saturdays, weekdays, and weeknights, and for the research and development facility and wheelchair repair facility located on-site, and there will not fewer off-street parking spaces available for the uses than provided on-site; 4. That the parking wavier, under the conditions imposed, will not increase traffic congestion or demand. and competition for parking spaces upon. the public street in the immediate vicinity of the use because there is no existing on-street parking available along the frontage of East La Palma Avenue. All parking for this site will be accommodated within the off-street parking lot; 5. -That the parking. waiver, under the conditions imposed, will not increase the demand and competitioh for parking spaces upon adjacent private property in the immediate vicinity of the proposed use as all parking spaces will be provided immediately surrounding the building. As indicated by the study, no demand for parking on adjacent private property is anticipated; Cr\PC2006- -1- PC2006- 6. That the parking waiver, under the conditions imposed, will not impede vehicular ingress or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Furthermore, it has been determined by the parking study that adequate on•site parking. spaces are provided;. 7. 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 and the existing land uses in the area are light industrial to office uses, 8. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use as conditioned, in a manner not detrimental to the particular area nor to the health and safety. 9. That the traffic generated by the proposed use will not impose and undue burden upon the streets and highways designed and improved to carry the traffic in the area based on the Endings of the parking study that indicate that adequate parking would be provided on-site and the area is already developed with light industrial uses and office type uses in the vicinity. 10. That the granting of-the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim because the proposed use is compatible with existing land uses in the area, and wilt primarily be operating when other businesses are closed. 11. That'** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; 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 far 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 this establishment shall be operated as a church only. If at any such time the operational characteristics of the church change, a detailed description of the operational changes shall be submitted for review by the Ctty's Traffic and Parking Consultant to determine if the changes would cause fewer off- street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission. 2. That church operations shall be limited to the following: (a) Church Services: Monday, Wednesday & Friday: 7:00 PM- 11:00 PM -° Saturday: 11:00 AM - 4:00 PM -2- PC2006- 3. That this facility shall not be used as a private daycare, nursery, elementary, junior and/or senior high school. Said information shall be specifically shown on plans submitted for building permits. 4. That no portable signs shall be utilized to advertise the church.. 5. That final sign plans shall be submitted to the Planning Services Division of the Planning Department for review and approval Any decision by staff regarding signs maybe appealed to the Planning Commission as a 'Report and Recommendation' item. 6. That the property shall be permanently maintained in an orderly fashion through the provisions of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of discovery. 7. That plans showing the existing building conditions and the applicable building codes for the church, shall be submitted to the Building Division for review and approval to ensure compliance with such Building Safety Code requirement (i.e., existing requirements. and occupancy loads). Said plans shall be prepared by a licensed architect and/or engineer. 8. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards. 9. That at no time shall there be any outdoor storage on the site for the church. 10. That four (4) foot high address numbers shall be displayed that on the roof of the building in contrasting color to the roof material. The numbers shale not be visible to adjacent and nearby streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval 11. That if an alarm system is installed, aBurglary/Robbery Alarm Permit application, Form APD 516, shall be completed and submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. 12. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the Police Department. The form is available at the Police Department front counter. 13. That at all times the church is in operation that the security gates shall be opened so that the parking lot to the north is available for use by the church members on Monday, Wednesday and Friday evenings and Saturday afternoons. 14. That the church shall not schedule weekday activities before 7:00 PM on weekdays. This restriction includes weddings, funerals., religious ceremonies, meeting and classes. 15. That the parking area shall be re-striped in conformance with City Standard Detail Nos. 436-G and 470. A plan. shall be submitted. to the Planning Services Division for review and approval prior to issuance of building permits and the striping shall occur prior to final inspection. 16. That all air conditioning apparatus and other room mounted equipment shall be properly shielded from view from the public right-of-way. Such information shall be specifically shown on the plans submitted for building permits. 17. 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. 18. That there shall not be trash pick-up on Saturday unless approved by the Streets and Sanitation Division of the Public Works Department. -3- PC2006- 19. 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 6 as conditioned herein. 20. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 3, 6, 7, 10, 15, 16, and 17 above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal Code 21. That prior to final. building and zoning inspections, Condition Nos. 11, 12, 15, and 19 above-mentioned, shall be complied with. 22. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the conditions}, (ii) the modification complies with the Anaheim MunicipatCode and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 23. 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 October 2, 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 -4- 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 October 2, 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 -5- PC2006- ,4ttachment -Item Mo. 8 Sanetuary. In the Premises,. a Sanctuary is proposed on the submitted plans for a Religious Assembly. A, flours of ®peration. In the Sanctuary, worship services will occur every Monday,. Wednesday and Friday for four hours from 7:.00 p.m, through 11:00 p.m. and every Saturday for six hours from 11:00 a.m. through 4:00 p.m. The times and days of the worship services will be during non-business hours, so that. Applicant's usage will not be during any times in which the Building's other tenants will be in occupancy. With the exception of national holidays, Applicant will limit its activities in the Sanctuary, prior to 6:00 p.m., on Mondays through Fridays, to church office staff and educational activities. B. Gross Floor Area. The proposed Sanctuary will have non-fixed seating, so that the fixed seating computation per Table 42-A will not be applicable. The Sanctuary will have 4,651 square feet Gross Floor Area measured from each exterior wall. According to Table 42-A, Applicant is required to have 135 ~arkin~ spaces (29 spaces x 4,651 GFA / 1,000) for the Sanctuary. C. Excluded Gross Floor Areas. Since the Ground Floor Area is designed to calculate the public seating area, in order to determine the expected demand for parking spaces, the following non public areas of the Sanctuary have been excluded from the calculation of the GFA: (1) Platform. The Platform will be utilized by the Pastor, staff, and choir for leading worship services and for preaching and teaching. The Pastor, staff, and choir will have seats in the main Sanctuary area. There will be no additional public seating on the Platform. (2) Multi-Purpose Room. The Multi-Purpose Room will be used for only for storage of extra chairs and equipment during the main worship services, and will not offer any public seating. Occasionally, when the main Sanctuary is not in use, the equipment will removed, and the Multi-Purpose Room will be used for a study class. Rttachment -Item IVo. 8 I°e~th ®f fhe Spe~af Che~~ch ~a~°~as~g St~ud~ 4999 East La Palma Avenue Anaheim, California Prepared for: Prepared by: Raf q ~ 3 flss®tiaites, 9nc. August 2006 'c'able of Contents I. II. III. N. V. VI. VII. VII. IX. X. Section Page Introduction 1 Project Location 1 Site Description I A. Site 1 B. Current Tenants, Land Use and Hours 1 C. Current Congregation, Location and Hours 1 Parking Requirements per Municipal Code 1 Site Parking Counts 3 Methodology of Study 3 Site Observations 3 A. Security Gates 3 B. Pedestrian Access 3 C. Vehicular Access 4 Conclusions 4 Findings 4 Recommendations 5 Appendix A Site Plan 6 Appendix B-1 Parking Counts at Existing Site 7 Appendix B-2 Parking Counts at Existing Congregation 8 Appendix C Site Photos 9 1. Introduction The purpose of this parking study is to determine the parking requirements for this site, as the various land uses will have non-coincidental times of operation. The site contains an existing building, which has two existing tenants: an R&D office use and a wheelchair distributor. A third, new tenant, is the Breath of the Spirit church. This church has an existing congregation in Anaheim, with offices located within. close proximity to the proposed location. 2. Project Location The site is located at 4999 East La Palma Avenue. It is located on the north side of the street, west of Kellog. It is approximately one mile from State Route 91 freeway at Lakeview. 3. Site Description A. Site The site is accessed via two full-access driveways at .the east and west sides of the property. La Palma Avenue is a six lane major arterial highway with a continuous. two- way left tum lane along the center. B. Current Tenants, Land Uses, and Hours Based upon information provided by City staff, the site contains 13,398 square feet of office, a 2,385 square foot mezzanine storage space, and 53,922 square feet of warehouse. A research and industrial firm occupies half the office and a wheelchair distributor occupies half the office and 39,000 square feet of the warehouse space. The hours of operation are 6:00 AM to 6:00 PM, Monday through Friday. C. Current Congregation, Location and Hours The Breath of the Spirit church wishes to move its congregation from their current location at 1531 South Sinclair in Anaheim. They have an existing office within close proximity of the proposed location; consequently, the proposed site will not contain a church office. The church currently conducts services in the evenings and on Saturday afternoon. 4. Parking Requirements per Municipal Code The City of Anaheim specifies the following parking rates for the existing and proposed. uses: ®" 4 spaces/TSF for offices-general for buildings. of 3 stories or lower 0 1.55 spaces/TSF of GFA for warehouse & storage, enclosed, which may include a - maximum of 10"/0 office space, plus, if the percentage of office space exceeds 1 10% of GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% 0 29 spaces/TSF of GFA for community & religious (without fixed seats/without kitchen/without concurrent classes or activities) The following tabulation is based on square footages provided by City staff, and not from the church documentation. The 13,398 square foot office is split between the R&D use and the wheelchair distributor. The 6,648 squaze foot R&D use is evaluated at the office parking rate. The wheelchair distributor occupies a total space of 45,699 square feet: 6,699 square feet of office and 39,000 square feet of warehouse. Per the code, up to 10% of a warehouse use can be used as an office before the office rate is applied, so consequently 10% of 45,699 is 4,570 square feet, which is evaluated at the warehouse parking rate. The remainder of the office, (6,699-4,570) 2,129 squaze feet, is evaluated at the office parking rate of 4 spaces/TSF. The 39,000 squaze feet uses the warehouse rate. The total warehouse portion of the building is 53,922 square feet, of which 39,000 is the wheelchair distributor. Consequently, the remaining portion is 14,922 square feet for the church uses. Per the documentation provided by the church, the sanctuary is 4,651 square feet. Subtracting the sanctuary from the 14,922 square foot total gives 10,271 squaze feet of ancillary uses. The church does not have fixed seats, other concurrent uses, or a kitchen, therefore, the other parking rates for community and religious facilities do not apply to this portion of the church. Tabulation of Parking Requirements per City Code Size Tenant Land Use Parking Spaces Spaces Rate Re 'd :Provided 6,699 R&D Office 4 27 2,385 Vacant Mezzanine stora a 1.55 4 .4,570 Wheelchair 10% allowed to be 1.55 7 Distributor office considered at wazehouse rate 2,129 Wheelchair Remainder of office 4 9 Distributor at office rate :39,000 Wheelchair Wazehouse 1.55 61 Distributor 4,651 Church Sanctua church 29 135 10,271 Church First & upper floor 0 0 ancill s ace Total Re aired 243 159 Based upon the City's Municipal Code this site would require 243 parking. spaces. Because the church uses would be scheduled on three weekday nights from 7:00 PM to 11:00 PM and on Saturday afternoons, and the existing office and warehouse uses operate ` Monday through Friday 6:00 AM to 6:00 PM, the uses are non-coincidental. 2 This study has been provided to determine the parking requirements based upon observed demand at the site for the existing uses and at the current location, to determine the parking demand of the congregation. 5. Site Parking Counts Counts were taken by Southland Car Counters on Wednesday and Saturday, August 19 and 23, 2006, to determine the existing parking demand of the congregation at the current church, and at the proposed site to determine whether the current tenants use any parking spaces during the times that the church would hold its functions. Based upon the counts taken, the maximum number of occupied parking spaces during the two- day count was 106 on Saturday at 3:00 PM at the current congregation's location. At the proposed location, the existing uses were occupying one pazking space at 10:00 PM on Wednesday, and five parking spaces on Saturday at 2:00 PM. The count sheets are provided in Appendix B. 6. Methodology of Study The R&D office and wheelchair distributor activities on weekdays require 108 parking spaces per the code. The site provides 159 parking spaces, which will be adequate for the weekday uses. The church requires 135 spaces per the code. The observed parking demand at the existing location was 106 pazking spaces on Saturday afternoon, when the R&D tenant's office and wheelchair distributor are closed. The total number of pazking spaces, approximately 159 will be adequate to accommodate all uses at this site due to the non-concurrent uses. Site Observations A. Security Gates The (north) rear parking lot has a capacity of approximately 83 pazking spaces as shown on the site plan provided, however, per a site visit; these spaces may not be striped. This. portion of the site is secured by a rolling gate. The church use will require that the gates be opened, so that the rear parking lot is available in addition to the 76 spaces in front and on the west side of the building. B. Pedestrian Access There is no existing pedestrian walkway from the sidewalk along La Pahna Avenue to any of the doors of the building. Landscaping secures the frontage of the site, such that any pedestrians that might arrive via bus along. La Palma, would enter the site by walking within the driveway. There is no walkway along the west side of the building. There aze no handicapped parking spaces along the west side of the building. C. Vehicular Access There are two existing driveways that will continue to serve this site S. Conclusions The existing parking will be adequate to serve the non-coincidental uses of the three tenants. The security gates will need to be open when the church has services. If the gated, north parking lot does not have parking stall striping as shown on the site plan that was provided with this application, the church should be responsible for the striping, prior to its first scheduled service. The church should also provide handicapped parking stalls near the entrance. 9. Findings Finding Number .0101 That the variance, ur:der the conditions unposed, if any, will not eause,fewer• off-street parking spaces to be provided for• the proposed use than the number of such spaces necessary to acconunodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of suclr use. The 4999 E. La Palma Avenue site will provide adequate parking onsite for its uses. No offsite parking spaces will be needed. Finding Number .0102 That flre variance, render the conditions unposed, if arry, will not increase the den:arrd and competition far parking spaces upon tyre public streets in the immediate vicinity of the proposed use. The 4999 E. La Palma Avenue site will provide adequate parking onsite for its uses. Curbside parking is not available along La Palma Avenue. Finding Number .0103 Tl:at the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the Immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.030 (Non-Residential Uses-Exception). The 4999 E. La Palma Avenue site will provide adequate parking onsite. No overflow parking is anticipated to occur upon adjacent private property.. The Cornerstone Church is immediately adjacent to this site. Finding Number .0104 That the variance, under the conditions imposed, if any, will 'not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. 4 The 4994 E. La Palma site will provide sufficient parking onsite for its uses. Because the supply of parking spaces is adequate for the observed parking demand, no congestion within the parking lot is expected. Finding Number .0105 That the varimrce, ursder the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. The 4999 E. La Palma site will provide sufficient parking onsite for its uses. The parking areas are set sufficiently within the site, so as to preclude any backing up onto City streets. This ensures that there will be no vehicles queuing to get in that could in any way impede the ingress or egress from adjacent properties. 10. Recommendations A. The security gates should be opened, so that the north (rear) parking lot is available for use by the Breath of the Spirit parishioners on Monday, Wednesday and Friday evenings and Saturday afternoons. B. The church should not schedule weekday activities before 7:00 PM on weekdays. This restriction includes weddings, funerals, religious ceremonies, meetings and classes. C. The church should stripe the north (rear) parking lot, if the stalls are not as shown on the site plan. This striping should be done prior to the first scheduled service. D. Adequate signage should be provided for the church, as it will occupy the west side of the building that is not readily visible from vehicles traveling westbound on La Palma Avenue. E. The church should provide handicapped parking spaces near the entrance of the church, and the ushers and church leaders should assist handicapped parishioners to use the most convenient door. 5 Appendax A Site Plan C C e~~ PAf Appendix B-1 Parking Counts by Southland Car Counters Counts taken of existing uses evenings and weekends at proposed site 7 La Palma Church Parking Study Project# 06-1240-001 Location: 4999 E. La Palma Appendix B-2 Parking Counts. by Southland Car Counters Counts Taken at Existing Congregation La Palma Church Parkirbg Study Project# 06-1240-001 Location: 1531 South Sinclair Ave. City: Anaheim °-TIME. :SATURDAY " . :- People In "# of Cars` attendance 1.00 PM "'. 42 `3t00~PM=" _ 106 197 "4;00 PAIL;,.."_'" 96 5:00 PAA ? 45 ' TIME ": ~ 1NEDNESpAY ."~ ;" People in # of Cat's ~: attendance .7x00"P1N. ,° 15 8:00 PM :,. <<;: 64 " 9,00-PJIfl" -: ~~:; 99 180 "10.00'PM'~_`~"~ 101 ~"1:,00 PAA -"'" 62 8 appendix C Site Photos Front of 4999 E. Ea Palma Avenue 4 Two roil-up doors, one small door, Rolling gates separating north parking lot (at rear of building) :~ppendit C (Continued) Close-up off rollang gates that separate the north (~•ear) parking lot from the parking lot along ttae wrest side of the building 10 Item No. 9 kw <_ ii °-~ o ~ a i zw - _ a ~0 Ej° 0 xG om Sa ~G w~ zm ~~ .,um ~m .< ~a LLm 3~°a 'uu°a °u~o CpANGETHMPE AVENUE MA LA PM AVENUE LWCGLN AVENUE OgIL w S ~ p POAO ~- = a3 Z4 i°¢ KA1ELw AVENUE LNAPMPN AVENUE w kw ~ 3 6 = °i aw - ° ~~ m x~ ~< m~ w~ ~g ~N .,gym N Zoning Code Amendment No. 2006-000 51. Subject Property Date: October 2, 2006 Scale: Graphic Q.S. No. n/a Requested By: CITY OF ANA HEIM Citywide ~oiaz Staff Report to the Planning Commission October 2, 2006 Item No, 9 9a. CEQA EXEMPTION - CEQA GUIDELINES SECTIONS 15061(b)(3) (Motion) 9b. 'ZONJNG CODE AMENDMENT NO. 2006-00051 (Motion) cLOCATION: (1) Citywide. ...REQUEST. (2) This is aCity-initiated (City Council) request to amend Chapters 4:04 and 18.44 of the Anaheim Municipal Code to prohibit billboards in the City (advertised as "City-Initiated request to amend provisions of Title 18 of the Anaheim Municipal Code relating to signs and billboards, including prohibiting billboards'). BACKGROUND: (3) At its September 12, 2006 meeting, the City Council conducted a public workshop relativeYo billboards. Copies of a presentation given by Planning staff have been provided 3o Planning Commission and are available for review in the Planning Department. A video of the erttire workshop maybe viewed: on the City's website (www.ariaheim.net). (4) At the workshop, Council directed Planning Department staff to seek input from billboard companies about a`potentiat exchange program which would provide for he removal of street-oriented'biliboards in exchange for installation of freeway-oriented billboards. In order to ensure that new billboards could not be'installed in locations where they had previously been removed, Council alsq directedthe City Attorney to prepare an prdinance to prohibit new billboards in the City. Council directed the City Attorney to place the introduction of the ordinance on the September 26, 2006, Council agenda. For more informatics on the Council's requests, please refer o the City Council staff report for the proposed ordinance (Attachment "A"). (5) At its September 26, Q006 meeting, Council introduced an ordinance to amend Chapter 4.04 of Title 4 and Chapter 18.44 of Title 18 of the Anaheim Municipal Code tq: a) :Add billboards to the list of prohibited uses in the City, b) Repeal existing provisions permitting billboards as conditional uses in certain zones. and areas of the City, c) Repeal the development standards for new. billboards, d) Adjust various Tables in Chapter 18.44 to remove billboards from the list of conditionally permitted uses and place billboards in the list of prohibited uses, and e) Clarify that billboards and other off-site advertising signs are not permitted under the general. sign regulations contained in Chapter 4.04 of Title 4 of the Code except to - -,. the extent expressly permitted elsewhere in the Code. ' ZCA2006-00051SRSJK C Page 1 Staff Report to the Planning Commission October 2, 2006 Item No. 9 Existing legal. billboards in the City would be allowed to remain in existence as legal nonconforming uses. The proposed ordinance is scheduled for a second reading and consideration of its adoption at the October 3, 2006, City Council meeting.. (6) Planning Commission review is required for any proposed amendment to Title 18, as a public hearing item on the Commission's agenda. The Commission provides a recommendation to City Council for approval or denial of any such amendments. The .City Council is the final approval authority. (7) Letters have been sent to all of the outdoor advertisers that operate billboards within the City of Anaheim notifying them of today's Planning Commission Public bearing and the associated. City Council meetings, so they may participate and provide the City with ,input. ENVIRONMENTAL IMPACT ANALYSIS: (8) This project is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) sinceahis activity is covered by the general rule that CEQA applies. only to projects which have. the potential for causing significant effect on the;environment. Where it can be seen with certainty that there is np possibility that the acfivity in question may have a significant effect on the environment, the activity is not subject to CEQA. RECOMMENDATION: (9) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence ubmitted to the Planning Commission, including the evidence presented in this staff report, and oral and,written evidence presented at the meeting, the Commission take the following actions: a) By motion, determine that the project is exempt under Section 15061'(b)(3) of the ::CEQA Guidelines.: b) By motion, recommend that the City Council adopbthe draft ordinance introduced at `its September 26,2006 meeting, to amend Chapters 4.04 and :18.44 of the Anaheim Municipal Code toprohibit billboards in the City, for the reasons discussed in the attached City Council staff report (Attachment "A") and based upon findings that the proposed amendmentsare in conformance with and will implement the Anaheim General Plan and will enhance and preserve the general welfare. ZCA2006-00051 SRSJK Page 2 Attachment -Item No. 9 COUNCIL AGENDA REPORT City of Anaheim OFFICE OF THE CITY ATTORNEY DATE: SEPTEMBER 26, 2006 FROMr CITY ATTORNEY'S OFFICE SUBJECT: PROHIBITION OF NEW BILLBOARDS ATTACHMENT (Y/N): YES ITEM # 27 RECOMMENDATION: That the City Council introduce the proposed ordinance amending Chapters 4.04 and 18.44 of the Anaheim Municipal Code.. to prohibit new billboards in the City at its meeting on September 26, and adopt the ordinance at its meeting on October 3, 2006, following a public hearing by, and receipt of a recommendation from, the City Planning Commission. DISCUSSION: At its meeting on September 12, 2006, the City Council conducted a public workshop concerning the subject of billboards within the City. ,As a result of such workshop, and based upon past expressions of interest from several outdoor advertising companies, the City Council directed City staff to solicit interest and information from outdoor advertising companies concerning the possible design, adoption and implementation of a voluntary billboard exchange program. As currently conceived, such a program would involve the voluntary removal of existing non- freeway-oriented billboards by companies in exchange for the right to construct one or more new freeway-oriented billboards at prescribed locations. Freeway-oriented billboards are currently prohibited in the City of Anaheim. Non-freeway-oriented billboards are currently permitted by conditional use permit on arterial highways within certain limited zones and areas of the City. No permit has been issued for a new billboard since ] 989. The purpose of the. voluntary exchange program would be to reduce or eliminate existing non- freeway-oriented billboards in the City. The incentive to outdoor advertising companies to participate in such a program would be the ability to construct and maintain one or more new freeway-oriented billboards at locations generally regarded as more valuable by outdoor advertising companies. Whether to adopt such an exchange program, and the exact design of any such program, remain policy issues for the City Council. to decide at a later date. However, a _.:necessary component of any such voluntary billboard exchange program would be a prohibition on new non-freeway-oriented billboards in the City. Lacking such a prohibition, an exchange program would be ineffective in ensuring the reduction or elimination ofnon-freeway-oriented billboards because it would not prevent companies from constructing new non-freeway-oriented billboards after existing billboards are removed. While any decision by the City Council concerning such a billboard exchange program will occur at a later date, there is some urgency to consider and adopt a prohibition on future non- freeway-oriented billboards at this time. On November 7, 2006, the voters of the State of California will vote upon Proposition 90 (the so-called "Protect Our Homes Initiative") and, if approved by a majority of those voting, such measure will become effective on November 8, 2006. The proposed measure would amend Section 19 of Article I of the California Constitution in numerous significant ways affecting exercise of the power of eminent domain by public entities and the right of private property owners to compensation for the taking or damaging of property. One of the most significant and potentially costly provisions of the measure involves the redefinition of "regulatory takings.." Under existing state and federal law, a governmental regulation which does not involve any physical taking of property but which may reduce the value of property (such as a new zoning restriction or reclassification of property) does not subject the govemmental entity adopting the regulation to liability for damages unless the regulation denies the property owner of all or substantial all viable economic use of the property (i.e. a "regulatory taking"). If adopted, Section 3 of Proposition 90 would provide as follows: "Except when taken to protect health and safety, `damage' to private property includes government actions that result insubstantial economic loss to private property. Examples of substantial economic loss include, but are not limited to, the down zoning of private property, the elimination of any access to private property, and limitations on the use of private air space. `Government action' shall mean any statute, charter provision, ordinance, resolution, law, rule or regulation." Proposition 90 provides that, if it is adopted by the voters, it will become effective on November 8, 2006, but will "not apply to any statute, charter provision;brdinance, resolution, law, rule or regulation in effect on the date of enactment that results in substantial economic loss to private property." (Section 6.) If Proposition 90 is adopted, it will undoubtedly be the subject of numerous court decisions,. interpretations and clarifications. While the City may later be able to successfully argue that a ban on non-freeway-oriented billboards does not "result in a substantial economic loss to private property'' and is, therefore, not compensable under the provisions of Proposition 90, if the City Council desires to further consider a comprehensive plan involving a voluntary billboard exchange program and/or the elimination ofnon-freeway-oriented billboards, it would be prudent to adopt the proposed ordinance prohibiting new billboards in time for such ordinance to be in effect prior to the November 7 election to avoid the legal risks and possible exposure to liability that Proposition 90 may entail. The proposed ordinance would amend Chapter 4.04 of Title 4 and Chapter 18.44 of Title 18 of the Anaheim Municipal Code to (i) add billboards to the list of prohibited uses in the Ciry (ii) repeal existing provisions permitting billboards as conditional uses in certain zones and areas of the City, (iii) repeal the development standards for new billboards, (iv) correct various Tables in Chapter 18.44 to remove billboards from the tist of conditionally permitted uses and place billboards in the list of prohibited uses, and (v) clarify that billboards and other off-site advertising signs are not permitted under the general sign regulations contained in Chapter 4.04 of Title 4 of the Code except to the extent expressly permitted elsewhere in the Code. Billboards currently legally existing in the City would be allowed to remain in existence as legal nonconforming uses. In the event the City Council later determines to adopt a billboard exchange program, some of the provisions being amended may need to be further amended, and other code provisions will need to be added, to accommodate the billboard exchange program and possible new freeway-oriented billboards. IMPACT ON BUDGET: The adoption of this ordinance would have no impact upon the City budget. Respectfully submitted, JACK L. WHITE City Attorney c: City Manager Planning Director 63276.1. Attachments: 1. Ordinance 2. Attachment to Ordinance ORDINANCE NO AN ORDINANCE OF THE CITY. OF ANAHEIM AMENDING TITLE 4 AND. TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO BILLBOARDS THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That new Section 4.04.040 be, and the same is hereby, added to Chapter 4.04 of Title 4 of the Anaheim Municipal Code, to read as follows: "4.04.040 PROHIBITION OF SIGNS NOT EXPRESSLY PERMITTED. Nothing contained in this chapter shall be deemed to permitor authorize any sign except to the extent such sign is expressly permitted or authorized by any other provision of this Code." SECTION 2. That Table 8-A (Primary Uses: Commercial Zones) of Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 3. That Table 10-A (Primary Uses: Industrial Zone) of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim .Municipal Code be, and the same is hereby, amended to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference. SECTION 4. That Section 18.44.020 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended in its entirety to read as follows: "18.44.020 APPLICABILITY Except as otherwise provided for in this chapter, it is unlawful for any person to construct, erect, enlarge, alter or relocate within the City a sign as defined in this chapter, without first obtaining the appropriate permits from the City. This chapter is not intended to invalidate Chapter 4.04 (Outdoor Advertising Signs and Stmctures -Genera() or Chapter 4.08 (Outdoor Advertising Signs and Structures Near Freeways) of the Anaheim Municipal Code. In the event of any conflict between this chapter and Chapter 4.04 or 4.08, the applicable provisions of Chapter 4.04 or Chapter 4.08 shall prevail. All signs, regardless of content, shall be subject to the provisions of this chapter. Except as may be otherwise expressly provided in this chapter, signs shall direct attention to an occupancy, commodity, service or entertainment conducted, sold or offered upon the premises where the sign is maintained, as distinguished from an off-site advertising. sign as defined in this chapter. A political or other noncommercial message may be substituted for the copy of any commercial sign allowed under this chapter." SECTION 5. That subsection .080 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".080 `Billboard' means a sign of any kind or nature whatsoever used to advertise (i) any business, industry, entertainment or activity not conducted, or (ii) any goods or other tangible items not produced, sold or available, or (iii) any services or other intangibles not available or rendered, on the premises upon which such sign is located; provided, however, such term shall not include any regional guide sign, nameplate; temporary real estate sign, identification sign or on-site advertising sign as such terms are defined in this chapter. Such term shall also not include any notice posted by any public officer in the performance of an official duty, or any directional, warning or informational sign required or authorized by any federal, state, county or local authority." SECTION 6. That subsection .320 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".320 `Off-Site Advertising Sign' means the same as the term `billboard' as defined in this section." SECTION 7. That subsection .330 of Section 18.44.030 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".330 `On-Site Advertising Sign' means a sign of any kind or nature whatsoever which directs attention to any business, industry, entertainment, occupancy, activity, goods or other tangible items,. services or other intangibles, or other activity, conducted, produced, sold, offered, rendered or available upon the premises where the sign is located, as distinguished from an off-site ..,.advertising sign. Apolitical or other noncommercial message maybe substituted for the advertising copy of any on-site advertising sign allowed under this Code." SECTION 8. That subsection .035 be, and the same is hereby, added to Section 18.44.040 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code relating to prohibited uses, to read as follows: ".035 Billboards." SECTION 9. That subsection .0104 of Section 18.44.050 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code, be and the same is hereby, repealed. SECTION 10. That Sections 18.44.230, 18.44.240 and 18.44.250 of Chapter 18,44 of Title 18 of the Anaheim Municipal. Code be, and the same are hereby, repealed. SECTION 11. That subsection .130 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 Sign Regulations -Advertising and Identification. Except as provided in subsection .140 of this section, any signs installed or erected in this development area shall. comply with the provisions of Chapter 18.44 (Signs) for the "I" Industrial Zone." SECTION 12. That subsection .130 of Section ] 8.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".130 Sign Regulations -Advertising. and Identification. Except as provided in subsection .140 of this section, any signs installed or erected in this development area shall comply with the provisions of Chapter 18.44 (Signs) for the "I" Industrial Zone." SECTION 13. That subsection .1.20 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: ".120 Sign Regulations -Advertising and Identification. Any signs installed or erected in this development area shall comply with the provisions of Chapter 18.44 (Signs) for the "I" Industrial Zone." SECTION 14. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION I5. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal 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 hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and. not as new enactments. SECTION 16. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and. upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (ti) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26th day of September, 2006, and thereafter passed and adopted at a regular meeting of said City Council held on the 3rd day of October, 2006, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM G3?43.3 EXHIBIT "A" Table 8-A P Permitted by Right PRIMARY USES: COMMERC IAL ZONES C Conditional Use Permit Required N Pro hibited T Telecommunications Antenna Review Permit Req uired C-NC C-R C-G O-L O-H Special Provisions Residential Classes of Uses Mobile Ilome Parks N N C N N Senior Citizens' I-lousing C C C N N Senior Citizens' Apartment Projects subject to Chapter 18.50 Non-Residential Classes of Uses Alcoholic Beverage Sales-Off-Sale - C C C C C Conditional use permit not required if use is. in conjunction with Markets-Large; in 0-L and O-H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales-On-Sale C C C C C Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming P N P N N Antennas-Broadcasting C C C C C Antennas-Telecommunications- T T T T T Subject to§18.38.060 Stealth Building-Mounted and }8.62.020 Antennas-Telecommunications- C C C C C Subject [o§18.38.060 Stealth Ground-Mounted Antennas-Telecommunications - N N N N N Subject to § 18.38.060 Ground-Maun[ed. Automotive-Car Sales & Rental N N C N N Subject to § 18.38.200 Automotive-Public Parking C C C C C Automotive-Parts Sales C P P N N Automotive-Repair & Modification C C C N N Automotive-Service Stations C C C C C Subject to § 18.38.070 Automotive-Washing N C C C C In O-L and 0-H Zones, must be accessory to an " Automotive-Service S[a[ion use Bars & Nightclubs C C C C C In O-L and O-H Zones, must be clearly ~-`"' " accessory to and integrated with an office building Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Usc Permit Required N Prohibited T Telecommunication s Antenna Review Permit Req uired C-NC C-R C-C O-L O-H Special Provisions Bed and Breakfast Inns C C C C C Subject to § 18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to § 18.38?00 Business & Financial Services P F P P P Cemeteries N N C N N Commercial Retail Centers C C C N N Community & Religious Assembly C C C C C ]n O-H Zone, must be clearly accessory to and integrated with an office building Computer Internet & Amusement N C C C C In 0-L and O-H Zones, Facilities must be clearly accessory to and integrated with an office building Convalescent & Rest homes Convenience Stores Dance & Fitness Studios-Large Dance & Fitness Studios-Small Day Care Centers Drive-Through Facilities Educational Instirabons-Business Educational Institutions-Genera I Equipment Rental-Large Equipment Rental-Smolt Group Care Facilities N N C N N C C C C C Subject to §18.38.110; in O-L and O-PI Zones , must be clearly accessory to and integrated with an office building N C C C C In O-H Zone, must be clearly accessory to and integrated with an office building P P P P P In O-H Zone, must be clearly accessory to and integrated with an office building, otherwise requires a conditional use permit C C C C C C C C C C P P P P P N C C N C N C C N N C P P C C In O-H and O-L Zones, must be clearly accessory to and integrated with an office building C C C C C Subject to §18.36.040.070 Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Usc Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C-NC C-R C-G O-L O-H Special Provisions Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets-Large P P P N N Markets-Small C C C C C Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services-General P P P P P Laundromats are subject to § 18.38.150. 1n O-L and O-H Zones, must be clearly accessory to and integrated with an office building Personal Services-Restricted C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated. with an office building Plant Nurseries N C P N N Subject to § 18.38.190 and § 18.38.200 Public Services C C P C C Recreation-Bowling & Billiards C C C C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Recreation-Commercial Indoor C C C C C In O-L and O-H Zones, must be clearly accessory [o and integrated with an offtce building Recreation-Commercial Outdoor C C C C C Recreation-Low Impact C C C P P In 0-L and O-H Zones, must. be clearly accessory to and integrated with an office building Recreation-Swimming & Tennis C C C C C Table 8-A P Permitted by Right PRIMARY USES: COMMER CIAL ZONES C Conditional Use Per mit Required N Prohibited T Telecommunications Antenna Review Permit Required C-NC C-R C-C O-L O-H Special Provisions Recycling Services-Consumer P P P N N Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Repair Services-General P N P N N Repair Services-Limited P P P C C In O-L and O-H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P Restaurants-Drive-Through N C C C C Subject to § 18.38.220 Restaurants-General P P P C C Subject to§]8.38.220 Restaurant-Semi-Enclosed C C C C C Subject to § 18.38:220 Restaurants-Walk-Up C C C C C Retail Sales-General P P P P P In O-Land O-H Zones, must lie clearly accessory to and integrated with an office building Retail Sales-Kiosks C C C C C Retail Sales-0utdoor C C C N N Subject to §18.38.190 and § 18.38.200 Retail Sales-Regional N P C N N Retail Sales-Used Merchandise P P P N N Room & Board N N C N N Self Storage N N C N N Sex-Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P P P N N Subject to Chapter 4.22 and §18.38.260 Smdios-Broadcasting C C P C C Studios-Recording N N P C C In O-L and 0-H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities-Major C C C N C Table 8-A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited. T Telecommunications Antenna Review Permit Required C-NC C-R C-G O-L O-H Special Provisions Utilities-Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to fhe exterior within 10 fee[ of [he main building's entrance Veterinary Services Wholesaling 63244.v 1 C C C N N N C C N N Shall be accessory to a Retail Sales use EXHIBIT °°B" Table ] 0-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non-Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales-Off-Sale C Alcoholic Beverage Sales-On-Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas-Broadcasting C Antennas-Telecommunications- T Subjec([o§§18.38.060 and 18.62.020 Stealth Building-Mounted Antennas-Telecommunications- C Subject to§18.38.060 Stealth Ground-Mounted Antennas-Telecommunications- N Subject [o§18.35.060 Ground-Mounted Automotive-Car Sales & Rentals C Subject [o § 18.38.200 Automotive-Impound Yards C Subject to §18.38?00 Automotive-Public Parking C Automotive-Parts Sales C Automotive-Repair and Modification C Automotive-Service Stations C Subjec[to §18.38.070 Automotive-Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to § 18.38.200 Building Material Sales C Not more than 30% of the outdoor area; excluding parking, shall be devoted to outdoor displays; subject [o § 18.38.190 and § 1$.38.200 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios-Large C Dance & Fitness Studios-Small C bay Care Centers C Table 10-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit 1 Special Provisions Drive-Through Facilities C Educational Institutions-Business C EducationalIMtitutions-General C Equipment Rental-Large C Conditional use permit. not required if conducted entirely indoors (Ord. 5944 § 8; Sep[. 28, 2004) Equipment Rental-Small Helipads & Heliports Hospitals Hotels & Motels Industry-Limited. Industry-General Junkyards Mortuaries Offices-Development Offices-General Oil Production Outdoor Storage Yards Personal Services-General Personal Services-Restricted Plant Nurseries Public Services Recreation-Bowling & Billiards Recreation-Commercial Indoor Recreation-Commercial Outdoor Recreati on-Low-Impact Recreation-Swimming & Tennis Recycling Services-Consumer Recycling Services-General Recycling Services-Processing Repair Services-General Repair Services-Limited Research & Development Restaurants-Drive-Through P C C C P C C Subject to § 18,38.200 C P C Permitted without conditional use permit only if accessory [o an industrial or other primary permitted use C Subject to § 18.38.180 C Subject to §18.38.200 C Laundromats are subject to § 18.38.150 C P Subject to § 18.38.190 and § 18.38.200; Retail only requires a conditional use permit P C C Amusement arcades are allowed only in conjunction. with a hotel, motel, or bowling alley C P C P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval C Subject to Chapter 18.48 C Subject to Chapter 18.48 P C P C Subject to§18.38.220 Table ]0-A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit i Special Provisions Restaurants-General C Fast-Food and Take-Out service allowed without a conditional use permit when a part of an indusVial complex of 5 or more units; Subject to § 18.38.220 Restaurants-Semi-Enclosed C Subject to §18.38?20 Restaurants-Walk-Up C Retail Sales-Household Fumi[ure C Permitted by conditional use permit only if the retail sales portion of [he business occupies a minimum of 50,000 square feet of building floor area Retail Sales-General C Industrially-related only Retail Sales-0utdoor C Subject to § 18.38.190 and § 18.38.200 Self Storage C Subject to Planning Commission Policy Sex-Oriented Businesses P Subject [o Chapter 18.54 ' Studios-Broadcasting P Studios-Recording P Towing Services P Transit Facilities C Tmck Repair & Sales C Subject to § 18.38.200 Utilities-Major C Utilities-Minor P Veterinary Services C Warehousing &Storage-Enclosed P Wholesaling P 63245.v1