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PC 2007/03/05i la i i~si n n a onclay, March 5, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Gaid 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.Ni. Staff update to Commission on various City developments and issues (As requested by Planning Commission] Preliminary Plan Review for items on the March 5, 2007 agenda secretary. • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.M. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommissionCa~anaheim.net H:\docs\clerical\agendas\(030507).doc (03105/07) 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. Reports and Recommendations 1A.{a) (b) Location: 201 West Katef a Avenue: Property is approximately 2.24 acres located at the northwest corner of Katella Avenue and Zeyn Street. Request to determine substantial conformance with exhibits for elevation and roof line modifications for apreviously-approved 14- story timeshare resort. Minutes 1B. Receiving and approving the Minutes from the Planning Commission Meeting of January 8, 2007. (Motion) Continued from the January 22, 2007, Planning Commission meeting. iC. Receiving and approving the Minutes from the Planning Commission Meeting of January 22, 2007. (Motion) Pro%ect Planner. QdadanfQanaheim.het) H:\docs\clerical\agendas\(030507).doc (03/05/07) Page 2 Agent: Steve Behrens, Trendwest Resorts, 9805 Willows Road, Redmond, WA 98052 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF GODE REQUIREMENT Request for continuance 2c. CONDITIONAL USE PERMIT NO. 2006-05164 to March 19, 2007 Owner: 508 North East Street, LLC, 508 North East Street, Anaheim., CA 92807 Agent: Greg Howell, 20561 Suburbia Lane, Huntington Beach, CA 92646 Location: 508 North East Street: Property is approximately 1.15 acres and is located at the northeast corner of Sycamore Street and East Street (La Reina Market). Request to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming commercial retail center with waiver of minimum number of parking spaces. Continued from the January 8, 2007, Planning Commission meeting. Pro/ecr Planner. (kwong2Qanaheim.oet) Conditional Use Permit Resolution No. 3a. CEQA CATEGORICAL EXEMPTION -CLASS 3 3b. WAIVER OF CODE REQUIREMENT 3c. CONDITIONAL USE PERMIT NO. 2005-05030 (READVERTISED) (TRACKING NO. CUP2006-05160) Owner: Southern California Edison, Frank, 14799 Chestnut Street, Westminster, CA 92603 Agent: Stephanie Li, 14708 Valley Boulevard, City of Industry, CA 91746 Location: 1500 South State College Boulevard: Property is approximately 2.1 acres and is located at the southeast corner of State College Boulevard and Cerritos Avenue with frontages of 193 feet on the east side of State College Boulevard and 909 feet on the south side of Cerritos Avenue (Feng Run Gardens). Request to modify exhibits and conditions of approval for apreviously- approved plant nursery with accessory retail sales and to permit a modular unit with waivers of (a) minimum landscape setback and (b) required improvement of right-of-way. Project Planner: (kwong2Qanaheim.net) Conditional Use Permit Resolution No. H:\docs\clerical\agendasl(030507):doc (03/05!07) Page 3 4a, 4b. 4c. Owner: Tom S. Hiramatsu Trust, 3030 E. Coronado Street, Anaheim, CA 92806 2602 Agent: Phillip Schwartze, PRS Group, 31682 Camino Real, San Juan Capistrano, CA 92675 Location: 3040 East Coronado Street: Property is approximately 0.87-acre, having a frontage of 129 feet on the south side of Coronado Street and is located approximately 209 feet west of the centerline of Kraemer Place. Request to permit an outdoor storage yard in conjunction with a drilling contractor including accessory repair with waivers of (a) minimum number of parking spaces and (b) required fencing abutting a residential use. Continued from the October 16, and November 27, and December 11, 2006, Planning Commission meeting. Conditional Use Permit Resolution No. 5a. 5b. 5c. Owner: Tokiko Nakamura Trust, 8430 Pebble Beach Ct, Buena Park, CA 90621-1054 Agent: Divyesh H. Patel, 98+ Discount Store, 8169 Atlantic Way, Buena Park, CA 90621 Jeannie T. Luong, 34 Brodkstone, Irvine, CA 92604 Location: 2629 West Lincoln Avenue: Property is approximately 0.87-acre, having a frontage of 243 feet on the north side of Lincoln Avenue and is located 400 feet west of the centerline of Magnolia Avenue. Conditional Use Permit No. 2006-05181 -Request to permit the sales of alcoholic beverages for off-premises consumption within a liquor store. Determination of Public Convenience or Necessity No. 2007.00032 - Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for off premises consumption within a liquor store. Conditional Use Permit and Public Convenience and Necessity Resolution No. H:\d ocs\cl erica)\agend as\(030507 ): d oc Project Planner: (dherrickQe anaheim.neQ Project Planner: QnixonQanaheim.nef) (03/05/07) Page 4 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 6b. VARIANCE NO. 2007-04717 Owner Mario Munoz, 115 S. Leola Way, Anaheim. CA 92807-3514 Location: 115 South Leola Wav: Property is approximately 1.28 acres, having a frontage of 215 feet on the west side of Leola Way and is located 445 feet north of the centerline of Cerro Vista Drive. Request waiver of maximum fence height to retain an existing six foot high block wall within the front setback of asingle-family home. Variance Resolution No. 7a. CEQA NEGATIVE DECLARATION 7b. VARIANCE NO. 2007-04718 7c. TENTATIVE PARCEL MAP NO. 2006-163 7d. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00001 Owner: D&D Autry, LLC, 17772 Irvine Boulevard. #102, Tustin, CA 92870 Agent: Rudy Emami, 6435 Shady Valley, Anaheim, CA 92807 Location: 7730 East Autrv Drive: Property is approximately 3.02 acres, having frontages of 35 feet at the terminus of Autry Drive, a frontage of 204 feet on the south side of Santa Ana Canyon Road and is located 255' feet east of the centerline of Eucalyptus Drive. Variance No. 2007-04718- Request waiver of minimum lot depth adjacent to a Scenic Expressway to construct four single-family detached homes. Tentative Parcel Map No. 2006-163- To establish a 4-lot, 4-unit detached single family subdivision. Specimen Tree Removal No. 2007-00001- To remove 10 specimen trees. ' Advertised as 198 feet. Variance Resolution No. H:\docs\clerical\agendas\(030507 ).doc Pmject Planner. Qnixon oQanaheim.net) Pmject Planner. (dherrickQanaheim.oet) (03105/07) Page 5 Adjourn To Monday, March 19, 2007 at 1:00 P.M. for Preliminary Plan Review. H:\docs\clerical\agendas\(030507).doc (03/05/07) Page 6 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 10:00 a.m. March 1, 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications., Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of .said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Tele hone S stem at 714-765-5139. N:\docs\clerical\agendas\(030507).doc (03105/07) Page 7 SCHEDULE 2007 March 19 April 2 April 16 April 30 May 14 May 30 (W) Jaune 11 Jaune 25 July 9 July 23 August 6 August 20 September 5 (Wed) September 17 October 1 October 15 October 29 November 14 (Wed) November 26 December 10 r December 24 -cancelled H:\docs\clerical\agendas\(030507).doc (03/05/07) Page 8 Item No. 1A ~` \ \\ `` \ 6P 92-2 gp gp_2 RCL 66-67-61 (60) CUP 2884 RCL 66-67-61 (7fi) CUP 2724 6P 92-1 FIRE srATwN CUP 2884 CUP 7a5 CUP 1679 RED ROOF INN FIRE 6TATICN F CUP 735 NC.3 uI VAR 3342 ANAHEIM RESIDENCE INN SP 92-1 RCL 56-5711 RCL 666]{21 (106) T~CUP 2004-04941 T-CUP 2001-04356 CUP 4076 6PN 2007-00047 (R VACANT 2) SP 92-1 RCL 6657-61 (108) RCL 56-57-31 T-CUP 2004-04941 CUP 4076 SPN 200]-0004] (RCL 56-57-92) VACANT SP 92-1 RCL 6667.611100) RCL 6657 1 LCUP 2004-04947 CUP 4076 VACANT UE SP 92-1 CUP ifid IRKING LOT m SP 92-2 RCL 666]511109) SATELLITE ) j cANI3LEwooo SUITES CLEANERS W RCL 6667-61(32) RCL 66-67-61(108) ~ RGL 565]-e RCL 56-57-31 I- -04b04 SP 93-1 W VAR 20 4~ RCL 66£7-61(108) VAR 20 -04506 SP 93-1 RCL 56-57-31 '. } SP s2-2 SP 93-7 RCL 66-67$1(108) W RCL 66-6]-61 (tOB) RCL 66-67.611108) RCL 56-57-31 N RCL 56.5]5 RCL 56575 SATELLITE EXTENDED STAY AMERICAN PEACOCK SUITE6 NER6 AMERICA LINEN SUPPLY RESORT HOTEL SP 93-1 RCL fi657-31 "`~ RCL 866]57 (106) - `- ~ SP 92-2 LA CUINTA - RCL fifiS]51(109) INN e6UITE6 -` SP 93-1~ - RCL 56675 sRCL 66-67-61 (109); : cuP zss] sP z- RCL 56-57-31 VAR S53 I6-fi~i.fizi 10e) p . T-VAR 2006-0471~~ ~ uaERICAN 565] 1 o LINEN SUPPLY 47R zs45 _ $ VAR 2005-04642, ~ ,o HERTZ c., wa (RCL56-57-92) " RC a~6676st~7 ~noel TNT A GAR m~ i (CUP 3053) { ~ SP 92-2 C9P29A~jp fi66]51 106) y.~ C~ CUP 3241) ttt RC RCL 565](508) cuat3"3@~R1'op CL 56-S7~1 oaN )" .- SP92-2 CUP 838 ~rc>I-' (CUP 53) CUP 2005-05038 P2 o w ~ - VAGANT p-,-(` CVP 250] ~ RCL566]51 (ROB -` £ R2 rc x CUP 219b r RW769~ (64) VTERPRISE. VAR 63fi ~? RGL 565]5 ENT-ALAR VAR 554 to CUP 856 SMALL SHOPS VAR 2805 261' -®{ U KATELLA AVENUE m m m Aws ~~ Npm h v N(O OIN NfON~~m ~mN )2-1 SP92-1 7Y'?° m~ N ~ ° via ~ ~~~d 1fi04 CUP 1604 N11~N NJ ~ Q f9~U~>~ ~U> CING PARKING a ~Q ~ U > ~ mU ARENA INN 8 SUITES SP 92-1 RCL 82-8335 (Res of Intent to RM-1000) RCL 62-8326 RCL fib-67.61 (Res of Inl to C-R) CUP X-15 CUP 2462 nuo lane ALL PROPERTIES ARE IN THE ANAHEIM RESORTTMI Variance No. 2005-04642 TRACKING NO. 2006-04714 Requested By: STEVE BEHRENS 201 West Katefla Avenue 1d2n i W O m _~ W z Q i I W W F- W ~ ///h\\\ [L' ~V Q = A) Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 87 City of Anaheim I~LANNING I3EP1~12TMEI~I'I' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 5, 2007. 1. REPORTS AND RECOMMENDATIONS: A. (a) CEQA MITIGATED NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (b) VARIANCE NO. 2005-04642 DETERMINATION OF SUBSTANTIAL CONFORMANCE (TRACKING NO. VAR2006-04714) Agent: Steve Behrens, Trendwest Resorts, 9805 Willows Road Redmond, WA 98052 Location: 201 West Katetla Avenue Request for a determination of substantial conformance with previously-approved exhibits for elevation and roof line modifications fora previously-approved 14-story timeshare resort. ACTION: Commissioner xxx offered a motion, seconded by Commissioner xxx and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request for substantial conformance and does hereby determine that the previously-approved Mitigated Negative Declaration is adequate to serve as the appropriate environmental documentation for this request. Commissioner xxx offered a motion, seconded by Commissioner xxx and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the request for substantial conformance for Variance No. 2005-04642 (Tracking No. VAR2006-04714) with previously-approved exhibits for elevation and roof Tine modifications because the design and quality of the revised building architecture are consistent with the intent of the originally- approved exhibits. VAR2005-04642_Excerpt_PC030507 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 www.anaheim.nel TEL (71A) 765-5139 Attachment - R&R 1-A RESOLUTION NO.'PC2005-33 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2005-04642 BE GRANTED: (201 WEST KATELLA AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the Ciry of Anaheim, County of Orange, State of California described as: LOT 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, OF LOT LINE ADJUSTMENT NO. 457, RECORDED APRIL 21, 2000 AS INSTRUMENT NO. 2000205813, OFFICIAL RECORDS OF ORANGE COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS:. BEING THOSE PORTIONS OF LOTS 1 AND 2 OF LOT LINE ADJUSTMENT PLAT 207, RECORDED AUGUST 7, 1991 AS INSTRUMENT NO. 91-421108, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA,.. MORE PARTICULARLY DESCRIBED. AS FOLLOWS: COMMENCING AT THE INTERSECTION OF KATELLA AVENUE AND ZEYN STREET THENCE NORTH 00° 12' S3" WEST 552.00 FEET ALONG THE CENTERLINE OF ZEYN. STREET, BEING 60 FEET WIDE; THENCE LEAVING SAID CENTERLINE SOUTH 89° 54' 30" WEST 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY OF SAtD ZEYN STREET; THENCE ALONG WESTERLY RIGHT-OF-WAY SOUTH 00° 12' 53" EAST 123.00 FEET, TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID WESTERLY RIGHT-OF-WAY SOUTH 00° 12' S3" EAST 353.98 FEET TO THE BEGINNING OF THE TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 15.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 90° 0T 23" A DISTANCE OF 23.59 FEET TO A POINT IN THE NORTHERLY RIGHT-OF-WAY OF KATELLA AVENUE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY OF KATELLA AVENUE SOUTH 89° 54' 30" WEST 253.97 FEET; THENCE NORTH 00° 12' S3" WEST 246.00 FEET; THENCE 89° 54` 30" EAST 15.OOFEET; THENCE NORTH 00 12' 53" WEST 123.00 FEET, THENCE NORTH 89° 54' 30" EAST 254.00 FEET TO THE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 7, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposes to construct a 14-story, 275-unit timeshare resort with waiver of the following: SECTION NO. 18.118.120.170 - Maximum number of curb openings cer street frontace I? permitted; 3 proposed). 2. That the above-mentioned waiver is hereby granted on the basis that there are special circumstances applicable to the properly in that this Code requirement for the Hotel Circle Specific Plan was based on the original circulation system designed for this parcel which envisioned two separate hotels on this property with primary access from both Zeyn Street and Katella Avenue. All primary access by guests and CR\PC2005-033 -1- PC2005-33 employees is provided from Zeyn Street, with only service access on Katella Avenue. In addition, although there are three curb openings on Zeyn Street, two of the openings function as one since it is a one way curved driveway for the main entrance of the timeshare resort.. 3. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 4. That no one indicated their presence at Bald 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 to waive maximum number of curb openings per street frontage to construct a 14-story, 275-unit timeshare resort and does hereby find that the Mitigated Negative Declaration previously approved in connection with the Hotel Circle Specific Plan No. SP93-1 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 previdusly approved Mitigated Negative Declaration for the Hotel Circle Specific Plan No. 93-1 together with any comments received during the public review process that the proposed project's environmental effects are within the parameters, assumption and time frames analyzed in the previously-approved Mitigated Negative Declaration, including Mitigation Monitoring Program No. 0079, .and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the projeot will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the property owner/developer shall be responsible for compliance with all the mitigation measures set forth in Mitigation Monitoring Plan No. 004 specifically created for this project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner/developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 004., which is made a part of these conditions of approval by reference. 2. That the property owner/developer shall comply with Condition Nos. 1, 4, 5, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, 30, 31, 35, 36, 43, 44, 50, 51, 60, &1, 62 and 63, as set forth in Ordinance No. 5443 adopted by the City Council on August 16, 1994, in connection with adoption of the Hotel Circle Specific Plan No. 93-1; and that said conditions are incorporated herein by reference as if set forth in their entirety: 3. That on-going during operation of the timeshare resort, the property owner(s)/developer shall comply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection of transient occupancy taxes. 4. That all windows along Katella Avenue shall have a minimum Sound Transmission Class (STC) rating of 32. All windows along Zeyn Street and the west side of the timeshare building shall have a minimum Sound Transmission Class rating of STC 28. Said information shall be specifically shown on plans submitted for building permits... 5. That the roll-up door on the west elevation at the service area shall be kept closed when not needed for maneuvering of service vehicles. 6. That a noise study shall be provided indicating that the proposed emergency generator provided within the service area will not exceed the City's Sound Pressure limits during testing operations, or that _2_ PC2005-33 mitigation measures are identified and incorporated into the project to mitigate the generator and exhaust noise. 7. That a noise study and design plans proposing mitigation measures shall be provided indicating that the proposed garage exhaust fans will not exceed the City's Sound Pressure limits. 8. That the keystone elements of the elevations shall include up lighting of the building. Said information shall be specifically shown on plans submitted for building permits. 9. That the sign copy on the proposed monument sign shall be centered on the sign face. Said information shall be specifically shown on plan submitted for building permits. 10. That the property owner(s)/developer shall be responsible for the irrigation of the landscaping in the public right-of-way on the north side of Katella Avenue, east of Zeyn Street within the Anaheim Resort during the course of construction and/or during such time that the existing irrigation system is disrupted due to this development. 11. That the irrigation piah shall tie revised as required by the City of Anaheim Resort Maintenance District Supervisor to provide quick coupler valves and the combination of irrigation stations Said information shall be specifically shown on plans submitted for building permits: 12. That the landscape plan shall be revised to indicate Washngtonia robusta (Mexican Fan Palms) along Zeyn Street in both the public right-of-way and setback area. Root barriers shall be installed along the sidewalks and curbs in accordance with City standards. In addition, landscaping shall be provided along the south and east elevations of the parking structure to achieve additional screening of the parking structure from Katella Avenue and Zeyn Street. This landscaping shall be provided in either planters on the structure, or other acceptable method as approved by the Planning Department. Said informaticn shalt be specifically shown on plans submitted for building permits. 13. That the palm trees in the public right-of-way shall be up-lit in accordance with the City's specifications for the Anaheim Resort. Said information shall be specifically shown on plans submitted for building permits. 14. That the sidewalk along the western portion of the project on Katella Avenue, in a location to be determined by the City of Anaheim Public Works Department, shall be reinforced to support occasional truck use by the City of Anaheim Public Utilities Department. Said information shall be specifically. shown on plans submitted for building permits. 15. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas., and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Pian (DAMP). • Incorporates Treatment Conhol BMPs as defined in the DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs. • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 16. That prior to issuance of certificate of occupancy, the applicant shall- • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. -3- PC2005-33 • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WOMP • Demonstrate that an adequate number of copies of the approved Project WOMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 17. That the developer shall submit street improvement plans to the Public Works Department, Subdivision Section and a bond shall be posted to guarantee that Katella Avenue and Zeyn Street are improved per the Anaheim Resort Specific Plan. The bond shall be posted prior to issuance of a building permit and the improvements constructed prior to final building and zoning inspections. 18. The City of Anaheim Drainage Impact Mitigation Fee for the South Central Area shall be paid prior to issuance of a building permit. Credit will be applied for the current development. The project architect or engineer must document the existing impervious area and the proposed impervious area. If the impervious area remains the same or decreases, no fee is due. If the impervious area increases, the fee will be proportional to the increase. 19. That the City of Anaheim Sewer Impact Mitigation Fee for the South Central Area shall be paid prior to issuance of a building permit 20. That prior to issuance of a building permit, the applicant shall obtain an Encroachment License from the City Engineer for any private improvements within the public right-of-way, including but not limited to hand railing and stairs. 21. That any required relocation of City electrical facilities shall be at property owner/developer expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required outside the easement area of the equipment. Said information shall be specifically shown on plans submitted for building permits. 22. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed to the satisfaction of the Electrical Engineering Division of the Public Utilities Department. Said easement shall be submitted to the City of Anaheim priorto connection of electrical service: 23. That a plan for solid waste storage, collection and a plan for recycling shall be submitted to the Public Works Department for review and approval 24. That an on-site trash truck turnaround shall be provided per Engineering Standard Detail No. 610. Said information shall be specifically shown on plans submitted to the Public Works Department for review and approval 25. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 26. That gates shall not be installed across any driveway in a manner, which may adversely affect vehicular traffic in the adjacent public streets. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 27. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471, 472, 473, 474, 475 and 476 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 28. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. _4_ PC2005-33 29. That a plan shall be submitted showing the loading space for trucks in conformance with Code Section No. 18.06.060. Said information shall be specifically shown on the plans submitted for building permits.. 30. That all vehicular ramps and grades shall conform to Engineering Standard Plan No. 402, and be approved by the City Traffic and Transportation Manager. Said information shat) be specificallyshown on the plans submitted for building permits. 31. That the project shall provide a bus bay on-site acceptable to the City Traffic and Transportation Manager for hotel shuttle buses to transport guests to and from tourist attractions and local airports. Said information shall be specifically shown on the plans submitted for building permits. 32. That the project sfiall provide passenger loading and unloading on-site acceptable to the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 33. That the developer shall comply With Ordinance No. 5209 and Resolution No. 91R-89 relating to the Transportation Demand Management (TDM) by providing on-site taxi and shuttle bus loading zones, and by joining and finandially participating in the ATM and Clean Fuel Shuttle Program by installing bicycle racks. Said information shall be specifically shown on the plans submitted for building permits. 34. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs and walllfence locations: Said ihformation shall be specifically shown on plans submitted for building and sign permits. 35. That the property owner(s) shall be responsible for paying the full cost associated with the use of any Police Department and/or Traffic Management Center staff who may be needed for traffic control purposes..: 36. That closed circuit television (CCTV) security cameras shall be Installed to monitor the parking structure and lobby entrances to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits 37. That address numbers shall be positioned so as to be readily readable from the street. Numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 38. 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 view of the street or adjacent properties. Said information shalt be specifically shown on plans submitted for Police Department, Community Services Division approval 39. That lighting on all levels of the parking structure, and all circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly yisible the presence of any person oh or about the premises during the hours of darkness and provide a safe, secure environment for alt persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. 40. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys: Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback area in a mannerfullyscreened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 41. That all requests for new water services or fire lines, as well as any modification, relocation, or abandonment of existing water services and fire lines, shall be coordinated through and reviewed for approval by the Water Engineering Division of the Public Utilities Department. -5- PC2005-33 42. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim __ Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 43. That since this project is located in the Anaheim Resort Area, installation of large meters and,.fireline assemblies shall comply with screening requirements of Ordinance No. 5156 and Chapter 18.116 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 44. That all existing water services shall conform to current Water Utility Standards on file in the Water Engineering Division of the Public Utilities Department. Any existing water services that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned by the property owner/developer. 45. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement twenty (20) feet in width far water service mains andlor an easement for large meters, backflow devices and other public water facilities to the satisfadtidn of the Water Engineering Division of the Public. Utilities Department. Backfiow devices and large meters sfiall be located above ground and properly screened. Such information shall be specifically shown on plans submitted for building permits. 46. That prior to submitting the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 47. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the properly owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 48. That prior to rendering water service, the property owner/developer shall submit a set of improvement plans for Public Utilities Department, Water Engineering Division, review and approval. in determining the conditions necessary for providing water service to the project. 49. That the existing 12-inch watecmain at the northern property line shall be extended and connected to the new water main and fire line. Such information shall be specifically shown on plans submitted for building permits. 50. That the driving surface of the parking structure shall be treated to minimize vehicle fire noise. Such information shall be specifically shown on plans submitted for building permits< 51. That subject property shall be developed. substantially in accordance with plans and specifications submitted to the City of Anaheim by property owner/developer and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 38, and as conditioned herein. 52. That the utility access route on the west side of the property shall be widened to 15-feet in a manner satisfactory to the Public Utilities and Public Works Departments. Said infonnation shall be specifically shown on plans submitted for building permits. 53. That prior to the issuance of grading permits, Condition No.15 above-mentioned, shall be complied with. 54. That prior to issuance of the building permit, or within a period of one (1) year from the date of this resolution, whicheveroncurs first, Condition Nos. 4, 6, 7, 8, 9, 11, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 36, 37, 38, 39, 40, 42, 43, 45, 46, 47, 48, 49, 50 and 52, 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. -6- PC2005-33 55. That prior to final building and zoning inspections, Condition Nos. 16, 17 and 51, above-mentioned, shall be complied with. 56. That approval of this application constitutes approval of the proposed request only to the extent that it complies with [he Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained., shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 7, 2005. 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. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 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 March 7, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2005-33 Item No. 2 22 cVP~pN~ ~ r-yn~•- 535 `QV N R PR 4295 pp 965 GL 53099' P~~22ooi t UP 2z p -044 ~ \NP' Sj • T 0. ~~P P~R~ W\\.HE\'M SHAME W2 pZ 45 `i Vi p5.2 ~ ~ ~ ~O ~L 55'6 aGOl N es o1`2294 m VPR ~B~GH O N N1 4 F ~oU~ G N ~1 C ~y m o y~ m~ ~= o 9 a n .1065 7a~~i, ~C~ 110 ~w~ fJ i~~ p4540 t 609 c~ 5:9 GCU~q 9 q 4039 V~~ 0099 .G 9l ~ 0.GL5~Z.13 pPi 0.GL P 3219 60 T GU 4p39 ~~~ 999ap5 EMPLLSH cn G Po a ~ pU 2 ~pU 51.5 -13 1 5p ~ nD Conditional Use Permit No. 2006-05164 ~pVENUE Requested By: 508 NORTH EAST STREET, LLC 508 North East Street - La Reina Market 1 1p R DU 10203 I F~-p~'~ Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 92 l Staff Report to the Planning Commission March 5, 2007 Item No. 2 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT` 2c. CONDITIONAL USE PERMIT NO. 2006-05164 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1) The property is identified as 506 North East Street - La Reina Market. REQUEST: (2) The applicant requests approval of a conditional use permit to permit the expansion of an existing legal non-conforming market with sales of beer and wine for off-premises consumption and to establish land use conformity for an existing legally non-conforming commercial retail center under authority of Code Section No. 18.08.030.040.0402 (Alcoholic Beverage Sales-Off-Sale), (Markets-Small) and (Commercial Retail Centers) with waiver of the following provisions: (a) SECTION NO: 18.42.040.010 Minimum number of parking spaces: (101 required; 71 proposed) BACKGROUND: (3) This property is developed with a nine (9) unit commercial retail shopping center and is zoned. C-G (General Commercial). The Anaheim General Plan designates this property for General Commercial land uses. The Anaheim General Plan further designates '. properties in all directions for Medium Density Residential land uses:.This property is located within the Merged RedevelopmenEArea. (4) This item was continued from the January B, 2007, Commission meeting td for an update to the parking study based on public testimony regarding on-street parking:. (5) Greg Howell, the applicant's representative, has submitted the attached letter dated: February 24, 2007, requesting a continuance of this item to the March 19, 2007, Commission meeting in order to allow additional time to secure additional parking spaces and to meet with the community regarding traffic and parking concerns expressed at the previous public hearing. RECOMMENDATION: (6) Staff recommends the Commission, by motion, continue this item to the March 19, 2007, Planning Commission meeting as requested by the applicant. S rcup2006-05164 klw_30507. doc Page 1 Page 1 of 1 Attachment -Item No. 2 Kimberly Wong From: Greg Howell [greg@skyviewhomes.com] Sent: Saturday, February 24, 2007 6:26 AM Ta: Kimberly Wong Subject: RE: Rubalcaba Follow Up Flag: Follow up Flag Status: Red 2-24-07 Hi Kimberly, On our last telephone conversation, we agreed to postpone the La Reina Market expansion hearing to March 19, 2007. I have informed the Rubalcabas'. We will present the pazking agreement and signatures collected in the surrounding residences, the week of Mazch 1. Regazds, Greg Howell Sky View Designs 2/27/2007 Item No. 3 CUP 1817 vAR zaso VAR 2625 TILE STORES I RCL 54-55-42 CUP 2140 OFFICES RCL 66-07-36 I RCL 66-67-36 RCL 66-67-14 RCL 60-61-113 RCL 55-56-19 RCL 54-55-42 CUP 4010 ADJ 0151 ~ 14 µGl 555b.19 RC~54'3.0g575 7 V pR2~ -04471 VPR 2004564 T ~gZORE -00.15 R0~ 6b5.55A2 ROC ~ 56-19 RC~55 y04575 T.V Pv~ 4364 71 VPR 2p0g33~ 11lE~SSORE~ 0 Q m m_ J -I ~ 11 O LL F F y I RCL 56-57-76 (2) T IND. FIRMS NEVILLE CHEMICAL RCL 56-57-76 (2) I RCL 56-57-76 (2) " CUP 1521 CUP 1264 CUP 1274 CUP 1273 T IND. FIRMS CUP 2006-05099 NURSERY CERRITOS AVENUE sos' ,~ 1 RCL 99-60-15 RCL 66-67-14 RCL 59-60-23 IND. FIRM I TILE STORE I RCL 66-67-14 RCL 59-60.23 TILE STORE Conditional Use Permit No. 2006-05030 TRACKING NO. CUP2006-05180 Requested By: SOUTHERN CALIFORNIA EDISON 1500 South State College Boulevard - Feng Run Gardens I IND. FIRM I PARKING LOT RCL 99-00.15 RCL 59-60-23 I IND. FIRM Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 117 16zzo Conditional Use Permit No. 2006-05030 TRACKING NO. CUP2006-05180 Requested By: SOUTHERN CALIFORNIA EDISON 1500 South State College Boulevard - Feng Run Gardens Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 117 fozzo Date ofAerial Photo: Julv 2005 Staff Report to the Planning Commission March 5, 2007 Item No. 3 3a. CEQA CATEGORICAL EXEMPTION -CLASS 3 (Motion) 3b. WAIVER OF CODE REQUIREMENT (Motion) 3c. CONDITIONAL USE PERMIT NO. 2005-05030 (Resolution) (TRACKING NO. CUP2006-05180) SITE LOCATION: (1) This property is identified as 1500 South State College Boulevard - Feng Run Garden. REQUEST: ` (2) The applicartt requests approval to modify exhibits and conditionsbf approval for a previously-approved plant nursery with accessory retail sales .and to permit a modular unit under the authority of Code Sections 18.08.030.040.0402 (Plant Nursery -Accessory Retail), 18.10.030:080 (Temporary Modular Units), and 18.60.190.030 with waivers of the following provisions: (a) 'SECTION NO. 18.10.060.020:0201 Minimum landscaoe setback 20 feet required; 0 feet proposed) (b) SECTION. NO. 18.40.060.030 Improvement of right-of-way Sidewalk and parkways required along `'State College Bbuleva~d and Cerritos Avenue; No sidewalk proposed) BACKGROUND: (3) The property islocated within a Southern California Edison electrical transmission easement and is currohtly'used by Edison as'a storage yard and is zoned lhdustrial (I). The General Plan designates this property and property to the west for Open Space lahd uses: Properties to the north, south, and east are designated for Industrial land uses: PREVIOUS ZONINGACTIONS: (4) Conditional Use Permit IJo:2005-05030 (to permit accessory retail sales in conjunction with ' a plant nursery) was approved by the Planning Commission on October 3, 2005: Resolution Np. PC2005-146 includes the following conditionspf approval "8. That a landscape and irrigation plan for the property shall be submitted to the Planning. Services Division for review and approval identifying the size, type and location of all proposed plantings as required by Code. Plans shall reflect the following:: ® The addition of forty-five (45) 24-inch box sized Tabebuia avellanedae trees within the front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen trees within the front setback along State College Boulevard. a The addition of three (3) 24-inch tioz sized evergreen trees distributed througftout the parking area "14. That the petitioner shall submit grading plans to the Public Works Department to improve State College Boulevard and Cemitos Avenueper Public Works StandardbetaillJo. 160- A. In addition, a five (6) foot parkway landscaping strip and five (5) foofsidewalk shall be `constructed withparkway irrigation connected to thebn-site irrigation system and maintained by the property owner: A bond for the required'imprbvements shall be posted in'an amounfapproved by the City Engineerand in a form approved by the City Attorney prior to the issuance of a building permit. A Right of Way Construction Permit shall be SRCUP2006-0SYBOklw.tloc l Staff Report to the Planning Commission March 5, 2007 Item No. 3 obtained from the Development Services Division for all work performed in the right-of- - way. These improvements shall be cohstructedpr(or to final building ahd zoning inspections. "17. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State College Boulevard and Cerritos Avenue in conformance with Public Works Standard Detail No. 111-2. Said information shall be specifically shown on plans submittetl for building permits. "28. 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 No.-1 and as conditioned herein " bISCUSSION: (5) The applicantrequests amodification to the site plan to eliminate the landscape setbacks along. both frontages, reduce the level of public improvement within the right-of-way and use a'modular structure ihstead df a permanent building:'These modificatiohs result in two (2) new waivers of code requfrements. The revised site plan (refer to Site Plan, Revision 1 of Exhibit No. 1) reflects the following setbacks: Direction Cpde Required/Proposed Code Required/Proposed Buildin Setback Landsca a Setback North (adjacent to 50 feet / 120 feet 20 feet I 0 feet Cerritos Avenue East 0 feet / 0 feet. 0 Feet / 0 feet .South 0 feet / 5 feet - 0 feet G 0 feet West (adjacent to - 50 feet / 170 feet > 20 feet/ 0 feet State College Boulevard (6) The plan .proposes a 408 square foot temporary modular unit abutting the south property line adjacent to the railroad tracks. This structure would function as an accessory office building to prodess sales and'serve as a customer service location. The applioantsubmitted': photographs of the proposed modular unitwhich indicate a skirt to conceal the wheels of the structure: (7) Vehicular access to the site would be provided via an existing iiriveway on Cerritos Avenue. A wrought irdh gate is proposed along the driveway that would be open during business. hours. Theproposed modification in setbacks increases the atea devoted to storage and display which increases thepa~king requirements. A total of 3?parking spaces would be 'provided on site. Code'requires a minimum of 37 spaces based bh the following analysis: Land Use ' Square footage > - `Required Parking per ' 1,000 s.f. of Area ?otal Outdoor Stora e' 45,980 0.4 18.4 Outdoor' bis la 41,600 - 0.4 16.6 Office 406........... 4.0 2 Total 37 SRCUP200F05190k1w.doc Staff Report to the Planning Commission March 5, 2007: Item No. 3 (t3) The applicant indicates no operational changes from the prior approval ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has determined that the proposed projectis categorically exempt from the requirement to prepare further environmental documentation. EVALUATION: (10) Temporary modular units are permitted subject to the approval of a'conditional use permit The ohange from a permanent building to a temporary modular building is tfie'result of changes in Southern California Edison's requirements to`ensure that during emergency situations all sfructures can be relocated in a minimal amount of time. Due to the limited visibility of the structure and distance to the public right-of-way, staff believeslhat the proposed structure is acceptable given the constraints imposed by Edison. A condition of approval has been included requiring the building to incorporate architectural enhancements on the elevations visible to State College Boulevard'and Cerritos Avenue. (11) The applicant proposes to eliminate the required landscape setbacks adjacent to State College Boulevard and Cerritos Avenue, Code'requires a landscape setbackof 20 feet along both streets. The applicant has submitted the attached Justification of Waiver indicating the irregular shape of the property and the long: frontagealong Cerritos Avenue results in unique circumstances. Rather than providing permanent landscaping, the applicant proposes to beautify the property byusing nursery stock in potted plants along bothstreets behind a proposed 6-foot high wrought iron fence. The applicant'contends that the cost of construction and irrigation of the landscape setbacks and the loss of storage and display area would not make the project financially feasible. Staff believes there ere special circumstances that do not apply to other identically-zoned properties, as the property is'an irregular triangle shape with a large frontagealong Cerritos Avenue of approximately 900 feek' The required landscapesetbacks would constitute approximately 12%,of the total, property area (18,300 square feet of total landscaping; 4,000 square feet along State College Boulevard and .14,300 square feet along Cerritos Avenue):;, However, the strict 'application of the Code would nofdeprive this property of privileges;enjoyed by Neighboring properties, as similar waiver requests havehot been granted both along Cerritos Avenue and State College Boulevard. As depicted in the aerialbelow, staff observed that all other properties in the vicinity have landscaped setbacks of of least 12 feet along both frontages.. Since both findings for justification of this waiver request cannot be made, staff; recommends denial of the requested waiver of landscape setback. SftCUP2006-05760k1w.°°c 35 Feet tscaped Nai nvvay vi aim ronw cn u. rnvny ~. ~..~ ...~.... ~ ~...~ ~..... ........~ .... ,..._ . _...~ _'__ ..__. comply with currehtADA requirements. The applicant proposes'the installation of trees in the required 5-foot wide parkway`and no'sidewalk dr corner cut=off improvements along both streets:, because the post of preparation of plans for permits and construction of the :public improvements would exceed the cost of improving the site. Additionally, the applicant indicates thaf adjacent properties do not have sidewalks installed. (13) The attached memo from the Public Works Department anticipates the project's potential for generating vehicular) pedestrian traffic is substantial compared to the property's current vacant condition. As a result of activities associated with the City's development and growth, dedications of right-of-way and improvements are deemed necessary to prevent congestion and other hazards that are related to the ihtensified use of the land, and to preserve public health, safety, and welfare:. The applicant's request to change the land use of the subject property from a vacant parcel to an industrial accessory retail use is ah intensification that warrants these public improvements. Staff believes there is a reasonable relationship between the required improvements and the proposed use since employees and customers are anticipated to be on-site as a direct result of the business. Further, these employees and customers create additional vehicle and pedestrian activity to SRCUP200Gp51 BOklw.tloc l Staff Report to the Planning Commission March 5, 2007 Item No. 3 and from the property in their commute to the site and may walK to other locations: Currently; properties to the north and south bf this site alohg State College Boulevard and east along Cerritos Avehue aye not improved with a sidewalk and parkway. (14) Aldng Cerritos Avenue; staff believes there are specialcircumstances in regard to the large frohtage and associated cost of improvements that support reduced putilic improvements Staff recommends a partial improvement of the public right-of-way with the construction of the 5-foofparkway ahd 5-foot sidewalRfrom the comer access ramp to the driveway along Cerritos Avenue'and a 10-fodfwide landscaped parkway in place of a 5-foot parkway and 5- foot sidewalk for the portion east of the driveway along Cerritos Avenue: Pedestrian access wilt be maihtained to the entrahce of the sitebn Cerritos Avenue with the sidewalk improvemehts and relief grahted where pedestrian activity'is limited to the east of the driveway:' Staff believes the'cost of the required dedication and improvements is reasonablebonsidering the impact created by the develdpment of the project; Public Works staff evaluatiohrof theproject based on'estimated trafficand transportatioh' impact fees indicates that the projected impacYof the development is comparable to the cost of required improvements. As such, staff recommends denial of the requested waiver along State College Boulevard and corner cut-off improvements, and partial approval of the requested waiveralong CerritdsAvenue. FINDINGS: (15) Before the Commission grants ahy major mbdification to a conditional use permit, it must make a finding of fact that the evidence p~esehtetl shows that all of the following conditions exist: (a) That the modification of 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'C030 <'{Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That thenodificatidn will not adversely affect the adjoining lobo uses or the growth and development of tfie'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 areabr to the health and'safety; (d) That the traffic generated by the modified use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e)' That the'granting of the modifications under the conditions imposed will not be detrimental to thehealth' and safetybf the citizens of the Citybf Anaheim. (t6) Before the Gommission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that alt 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 isan unlisted'use asdefihed in Subsection .030 (Unlisted Uses Permitted) of Section 18.66:040 (Approval Authority); (b) That the use will not adversely affect the adjoining lahduses or the growth and development of the area in which it is :proposed to be located;. SRCUP200F051 BOkIw.000 Staff Report to the Planning Commission March 5, 2007 Item No. 3 (c) That the size and shape of the ite 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 ari undue burden upon the streets and highways designed and improved td carry the. traffic in the area; and (e) Thafthe granting of the conditional use permit under the donditions imposed, if any, wilt not be detrimental to the Health and safety of the citizens of the City of Anaheim. (17) .The Planning Commission may grant exemptions from all or any portions of the requirements imposed by,subsections .020 through .060 of this section (pertaining to required dedication and improvements), in accordance withlhe procedures established in Chapter 18.60 (Common Procedures). for the processing of variances; except that the findings. set forth in Section 18.74.060. (Findings) pf Chapter 18.74. (Variances) shall not be required; and provided that,before any suchezemptiori is granted by 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 (b) The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project. RECOMMENDATION: (18) Staff recommends that the Planning Commission take the following actions as indicated in' the attached'resoluton, including the findings and conditions dontained therein:. -a: By motion, aoordve a CEQA Categorical Exemption, Class 3 (New Construction or Cdnversidn of SmaII Structures) for this project. b. By motion, deny waiver (a) and approve in Dart waiver (b). c. By resolution, approve the request to modify Conditional Use Permit No. 2005-05030 (Tradking No. C'UP2006-05180). Bold denotes modified or new condition 1. That atl sales transactions shall take place within the enclosed building on-site. 2. That no required parking area shalt be fenced dr otherwise enclosed for outdoor storage uses. 3. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the. - event thatitis removed; damaged; diseased and/or dead: ; SRWP200@-051@Oklw.dac Staff Report to the Planning Commission March 5, 2007 Item No. 3 4. That outdoor storage except for plants, pottery, and fountains, shall be in accordance with the requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage: 5. Thaf4-foot high street address numbers shall be displayed on the roof of the modular buildirg in a color that contrastswith the roof material; The numbers shalt not be visible from thestreets or adjacent propertiesi Said information shalttie specificallyshown on planssubmitted for building permits. 6. That the property sfiall be permanehtlymaintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and'removaf of graffiti within twenty-four (24) hours from time of discovery. 7. That a maximum of one monument or freestanding sign shall be permitted. The design, size, and placement of wall and monument signage shall be ih accordance with he requirements of Anaheim Muhicipal Code Section118.44.080,.18.44:090, and 18.44.110 pertaining to monument. signs and wall signs: Final sign plans shall be submitted to the Planning Services Division for review and approvalas to placement; design and materials: Any decision. bystaff may be appealed to the. Planning Commission. as a-"Reports and Recommendations":item. 8. That a landscape; and irrigation plan for the property shall be submitted to the Planning Services: Division for reviewand approval identifying the size, type. and location of all proposed plantings as required by Code. Plans shall reflect the addition of three (3) 24- inch box sized evergreen treesdistributedtkroughout the parking area. Any decisionby City staff may be appealed fo the Planning Commission as a "Reports and Recommendations" item. 9. That a final screening ahd fencing plan for the property shall be submitted to the Planning Services Division for reviewand approval. Plans shall reflect the following: ® Thatthe storage areas (for tools, equipment, and other related items) shall be surrounded on aA sides by a substantial solid andlor opaque fence or wall at least six (6) feet in Neigh f as set forth. in Sectidn 18.46.110 (Screening, Fences,. Walls and Hedges). The design and the materials used for the fence or wall shall comply with the provisioh of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40. (General. Development Standards) unless provided otherwise in this'section. o ' That outdoor storage shall not be located in anyTequired setback area and confined to the a~easidentified on the approvedsiteplah (ExhibitNo. 1). m That alt gates for access to the property shall swing inwardly. or slide sideways and - shall be kept closed when not in use except that the gate may be kept open during business hours provided on-site storage cannot be seen from adjacent public streets. The gates shall be subjectto approval by the City Traffic and Transportation Manager. o That the proposed six (8) foot high wrought iron fence shall be decorative and located outside of the minimum landscape setback. That the proposedchain link fencing abutting the railroad right-of-way shall be entirely interwoven with PVC or simulated wood slats and view-screened with fast-growing vines and/or shrubbery, 10 That all backflow equipmenfshall be located above ground and outside bf the street setback area ih a manner fully screened from all public streets. Said information shall be specifically SRCUP200G051 BOkiw.tlaa l Staff Report to the Planning Commission March 5, 2007 Item No. 3 shown on plans submitted for the Public Utilities Department, Water Engineering Division approval 11. That sihce this project has a landscaping area exceeding 2,501a square feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said informatiohshall be specifically shown on plans submitted for building permits. i 12. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality ; Management Plan than • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas;'maximizing permeability; minimizing directly connected impervious areas, creating reduced or"zero discftarge" areas, and conserving natural areas: • Incorporates the applicable Routhe Source Control BMPs as defined in the Drainage Area. Management Plan. • Incorporates Treatment Controf BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs: • 'identifies the entity that will be responsible for long-term operation and maintenance of the Treatmeht Controf BMPs, and describes the' mechanism for funding the long-teYm operation and maintenance of tfie' Treatmeht Control BMPs. 13. That prior to issuance of a certificate of occupancy, the applicant shell: • Demonstrate that all structural BMPs described in the Project WQMP havebeen constructed end installed in conformance' with approved plans and specifications. • Demonsttate'thattha applicanfis prepared to implement all non-structural BMPs'described in Project WQMP. • 'Demonstrate that an adequate number of copies df the approved Projects WQMP are available onsite. • `' Submit for review and approvalby the City an Operation and Maintenance Plan for all sfructural BMPs. 14. That the applicant shall submit grading plans to the Public Works Department to improve State College Boulevard and Cerritos Avenue to construct a ten (10) foot wide parkway landscaping strip with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond for the required improvements shall be posted in an amount approved' by the City Engineer and a form approved by the City Attorneg prioFto issuance of a building permit.'A Right of Way Construction Permit shall be obtained from the Development Services Division for all work pertormed fn the right-of- way: These improvements shall be constructed prioFto final building and zoning inspections. 15. That a new driveway approach, curb; gutter, parkway landscaping and sidewalk shall be constructed in conformance with Public Works Standard Detail No. 115-B. Said information shall be specifically shownon plans submitted for building permits. 16. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street: Installation of any gates shall conform to Engineering Standard Plah No, 609 and shall be subject to the review and approval of the City SRCUP2066-05186k1w.doc Staff Report to the Planning Commission March 5, 2007 Item No. 3 Traffic and Transportation Manager:,Said information shall be specifically shown on plans submitted for,building permits: 17. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas; communications, and cable. devices,. eta, shall be shown on plans submitted for building permits: Plans shalt also identify the specific screening treatments of each devices. (i.e: landscape. screening, color of walls; materials; identifiers; access points,: etc.). 18. That plans shall be submitted to the Traffic and Transportation Manager and the Planning Services' Division for review and approval in conformance with the current versionbf Engineering Standard Plan Nos, 436 and 470 pertaining to parking standards and driveway location. Subject properfyshall there upon be developed and maintained in conformance with saidplans. 19. That an on-site trash truck turn around. area be provided per Engineering Standard Detail No. 476 and as required by the Public Works Department, Streets and Sanitation Divisions Said information shall be specificallyshown on plans submitted for building permits. 20. That trash storage areas shall be provided and maintained in a location' not within the minimum setbackarea and acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacenf streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines plahted on maximum three-foot centers or tall shrubbery: Said information shall be specifcally shown on the plans submitted for building permits: 21. That adequate lighting of parking lots; driveway, circulation areas, aisles, passageways, recesses and grounds continuous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darknessand provide a safe, secure environment for all persons,property; and vehicles on-site. Salo information shall be specifically showncn plans submitted for Police Department, Community Services Division approval 22. That "No Trespassing 602(k) P.C." signs be posted at the entrances of parking lot and be located in other appropriate places: as determined by the Police Department. Signs must be at least two` (2) feet by one (1) foot in overall size with white background and black two (2) inch lettering: 23: That prior to final building and zoning inspections, an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department: 24. That final elevation plans for the proposed modular building incorporating architectural enhancements including a skirt to screen the wheels of the structure, for all elevations visible to State College Boulevard and Cerritos Avenue, shall be submitted to the Planning Services Division for review and approval prior to issuance of building permits. Any decision by staff may be appealed to the Planning Commissionas a''Reports and Recommendations" ftem. 25. 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 labeled Revision 1, of Exhibit No. 1 and as conditioned herein. secuPZOOS-osteokiw.aoc Staff Report to the Planning Commission March 5. 2007 Item No. 3 26. Thaf prior to issuance of a buildingpermit br within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 7, 8, 9, 10, 11,12, 15,:16, 17, 18, 19, 20, 21, and 24 above mentioned, shall be complied with. Extensions for further - time to complete said conditions mey be granted in accordance'with Section 18.60.170 of the Anaheim Municipal Code. 27. That prior to final building and zoning inspections, ConditiodNos. 13, 14,22, 23end 25 above mentioned, shalt be complied with. Extensions for further time to complete said conditions may be granted I accordance with Section No. 18..60.170 of the Anaheim Municipal Code.' 28. That approval of this application constitutes approval of the proposed request only to the extent that itcomplies with the Anaheim Municipal Code and enyother applicable City; State'end Federal. regulations... Approval does not include any action or findings as to compliance or approval of the request regarding any other ordinance, regulation ortequirement. 29. That timing for compliance with conditions of approval may be emended 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) he modification complies with he Anaheim Municipal Code, end (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. 50.CUP2006-0Si 60klw.doc [DRAFT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC2005-146 ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT NO. 2005-05030 (1500 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, on October 3, 2005, the Anaheim Planning Commission did, by Resolution No. PC2005-146, grant Conditional Use Permit No. 2005-05030 to permit accessory retail sales in conjunction with a plant nursery; and included the following conditions: "8. That a landscape and irrigation plan for the property shall be submitted to the Planning Services Division for review and approval identifying the size, type and location of all proposed plantings as required by Code. Plans shall reflect the following: o The addition of forty-five (45) 24-inch box sized Tabebuia avellanedae trees within the front setback oh Cerritos Avenue end ten (10) 24-inch 6oz sized evergreen trees within the front setback along State College Boulevard. • The addition of three (3) 24-inch box sized evergreen trees distributed throughout the parking area "14. That the petitioner shall submit grading plans to the Public Works Department to improve State College Boulevard and Cerritos Avenue per Public Works Standard Detail No. 160-A. In addition, a flue (5) foot parkway landscaping strip and five (5) foot sidewalk shall be constructed with parkway irrigation connected to the on-site irrigation system and maintained.. by the property owner. A bond for the required improvements shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney prior to the issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-pf-way. These improvements shall be cdnstructed prior to final building and zoning inspections:', "17. That a sidewalk access ramp with truncated domes shall be constructed at the corner df State College :Boulevard and Cerritos Avenue in conformance with Pubtic Works Standard Detail No. 111-2. Said information shall be specifically shown on plans submitted for building permits:'. "28. 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 fife with the Planning Department Exhibit No. 1 and as conditioned herein:' WHEREAS, the property is vacant and is within the I (Industrial) Zone. The Anaheim General Plan designates this property for Open Space land uses; and is situated in the City of Anaheim, County of Orange, State of California, described as THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST,: IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK,51, PAGE 7, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE NORTHERLY LINE OF THE SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY (TUSTIN RANCH), AS SAID RIGHT OF WAY IS DESCRIBED FIRST IN DEED DATED MAY 28, 1889 FROM PACIFIC IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED JUNE 27, 1889JN BOOK 570, PAGE 288, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES. WHEREAS, the applicant has requested an amendment to this conditional use permit to amend exhibits for a previously approved plant nursery, to permit a temporary modular unit; CR\PC2007-0 -1- PC2007- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 5, 2007, 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 fnd and determine the following facts: 1. That the request to amend exhibits for apreviously-approved nursery, to permit a temporary modular unit is properly one for which a conditional use permit is authorized by Section 18.60.190:030 of the Zoning Code with waivers of the following provisions: (a)SECTION NO. 18.10.060.020.0201 Minimum landscape setback (?D feet required; 0 feet proposed) (b)SECTIOM NO. 18.40.060.030 Improvement of right-of-way Sidewalk and parkways required along State College Boulevard and Cerritos Avenue; No sidewalk proposed) 2. That the requested waiver (a) is hereby denied, although the property is an irregular triangle shape with a large frontage along Cerritos Avenue, the strict application of the Code would not deprive this property of privileges enjoyed by neighboring properties as similar waiver requests have not been granted both along Cerritos Avenue and State College Boulevard. 3. That the requested waiver (b) is hereby approved in part; approving the waiver in part to construct a 10-foot wide parkway but no sidewalk, along Cerritos Avenue east of the driveway along Cerritos Avenue, because the cost of the full improvement would unreasonably exceed the burden or impact created by the development project;' and denvina the waiver of improvements along Cerritos Avenue west of the driveway along Cerritos Avenue, along State College Boulevard and the'corneraccess ramp improvements since there is a reasonable relationship between the proposed use and the need for the required improvements. Since the proposed use is an intensification of the vacant property, there is a reasonable relationship between the need for a portion of the required improvements based upon the existing improvements in the area; and the project's potential for generating additional vehicular and pedestrian traffic in relation to the existing vehicular and pedestrian traffic resulting from the property's current vacant state. 4. That accessory retail sales in conjunction with a plant nursery is a proper accessory use for which a conditional use permit is authorized by the Zoning Code; and 5. That the proposed accessory retail sales in conjunction with a plant nursery would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located since the site is located along State College Boulevard surrounded by industrial uses in an area typically known as "Tile Mile", where retail sale of the and floor coverings sales are clearly incidental to the warehousing and/or wholesale distribution is permitted. The wholesale plant nursery with accessory retail sales would be consistent with; and complement the surrounding land uses in the area; operating in a similar fashion to existing surrounding land uses; and 6. That the size and shape of the site is adequate to allow full development of accessory retail sales of plants and pottery to conjunction with a plant nursery in a manner not detrimental to the particular area nor to the health and safety of the citizens of Anaheim, as the site would provide for the minimum code- required parking, setbacks, and screening; and 7. That the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the site is located within an industrial area at the intersection of two arterial highways. The proposed use would _2_ PC2007- not generate a significant number of trips when compared to surrounding industrial complexes and therefore, would not create an increased demand on the streets and highways in the vicinity; and 8. That granting this conditional use permit will not, under the conditions imposed, be detrimental"°" to the particular area and surrounding land uses, nor to the public health and safety as the site would be substantially improved and would have full vehicle access and on-site parking. As conditioned, the minimum code requirements for landscaping, setbacks, and parking would be provided on site to ensure the safe and clean operation of the facility in a manner not detrimental to the area or surrounding land uses: and ' 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:. The Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby amend Resolution No. 2005-146, adopted in connection with Conditional Use Permit No. 2005- 05030, to approve the applicant's request, to amend exhibits for previously-approved plant nursery, to permit a temporary modular unit; and BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC2005-146 are hereby amended and updated in their entirety to read as follows: , Bold denotes modified or new condition 1. That all sales transactions shall take place within the enclosed building on site. 2. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 3. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 4. That outdoor storage except for plants, pottery, and fountains, shall be in accordance with the requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage. 5. That 4-foot high street address numbers shall be displayed on the roof of the modular building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said infonnation shall be specifically shown on plans submitted for building permits. 6. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. 7. That a maximum of one monument or freestanding sign shall be permitted. The design, size, and placement of wall and monument signage shall be in accordance with the requirements of Anaheim Municipal Code Section 18.44:080, 18.44.090, and 18.44.110 pertaining to monument signs and wall signs. Final sign plans shall be submitted to the Planning Services Division for review and approval as to placement, design and materials. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 8. That a landscape and irrigation plan for the property shall be submitted to the Planning Services Division for review and approval identifying the size, type and location of all proposed plantings as required by Code. Plans shall reflect the following: -3- PC2007- • The addition of forty-five (45) 24-inch box sized Ta6ebuia avellanedae trees within the front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen trees within the front setback along State College Boulevard. • The addition of three (3) 24-inch box sized evergreen trees distributed throughoufthe" " parking area Any decision by City staff may be appealed to the Planning Commission as a "Reports snd Recommendations" item. 9. That a final screening and fencing plan for the property shall be submitted to the Planning Services Division for review and approval. Plans shall reflect the following: • That the storage areas (for tools, equipment, and other related items) shall be surrounded on all sides by a substantial solid andlor opaque fence or wall at (east six (6) feet in height as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges). The design and the materials used for the fence or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) unless provided otherwise in this section. • That outdoor storage shall not be located in any required setback area and confined to the areas identified on the approved site plan (Exhibit No. 1). • That all gates for access to the property shall swing inwardly dr slide sideways and shall be kept closed when not in use except that the gate may be kept open during business hours provided on-site storage cannot be seen from adjacent public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. • That the proposed six (6) foot high wrought iron fence shall be decorative and located outside of the minimum landscape setback. • That the proposed chain link fencing abutting the railroad right-of-way shall be entirely interwoven with PVC or simulated wood slats and view-screened with fast-growing vines andlor shrubbery. 10. That all backflow equipment shall be located above ground and outside of the street setback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted for the Public Utilities Department, Water Engineering Division approval. 11. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Cade. Said information shall be specifically shown on plans submitted for building permits. 12. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that:. • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP: • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. _4_ PC2007- 13. That prior to issuance of a certificate of occupancy, the applicant shall Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. o Demonstrate that the applicant is prepared to implement all non-structural BMPs described in Project WQMP. m Demonstrate that an adequate number of copies of the approved Projects WQMP are available onsite. Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 14. That the applicant shall submit grading plans to the Public Works Department to improve State College Boulevard and a portion of Cerritos Avenue (from the corner easterly to the proposed driveway) per Public Works Standard Detail No. 160-A. The remaining portion on Cerritos Avenue east of the proposed driveway shall be improved with a ten (10) foot wide parkway. A bond for the required improvements shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a :building permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. These improvements shall be constructed prior to final building and zoning inspections. 15. That the applicant shall use best efforts to assist the City in working with Southern California Edison to acquire an irrevocable offer to dedicate to the City of Anaheim a corner cut-off easement at State College Boulevard and Cerritos Avenue for road, public utilities .and other public purposes. 16. That a new driveway approach, curb, gutter, parkway landscaping and sidewalk shall be constructed in conformance with Public Works Standard Detail No. 115-6. Said information shall be specifically shown on plans submitted for building permits.- 17. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State College Boulevard and Cerritos Avenue in conformance with Public Works Standard. Detail No. 111- 2. Said information shall be specifically shown on plans submitted for building permits. 18. That gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 19. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications, and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each devices (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). 20. That plans shall be submitted to the Traffic and Transportation Manager and the Planning Services Division for review and approval in conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway location. Subject property shall there upon be developed and maintained in conformance with said plans. 21. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and as required by the Public Works Department, Streets and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 22. That trash storage areas shall be provided and maintained in a location not within the minimum setback area and acceptable to the Public Works Department and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so -5- PC2007- as not to be readily identifiable from adjacent streets. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 23. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, ,recesses and grounds continuous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all personsproperty, and vehicles on-site. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 24. That "No Trespassing 602(k) P:C:' signs be posted at the entrances of parking lot and be located in other appropriate places as determined by the Police Department. Signs must be at least two (2) feet by one (1) foot in overall size with white background and black two {2) inch lettering. 25. That prior to final building and zoning inspections, an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 26. That final elevation plans for the proposed modular building incorporating architectural enhancements including a skirt to screen the wheels of the structure, for all elevations visible to State College Boulevard and Cerritos Avenue, shall be submitted to the Planning Services Division for review; and approval prior to issuance of building permits.. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 27. 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 labeled Revision 1, of Exhibit No. 1 and as conditioned herein. 28. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 7, 8, 9, 10, 11, 12,.15,16, 17, 18, 19, 20, 21, 22, 23, and 27 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. 29. That prior to final building and zoning inspections, Condition Plos. 13, 14, 24, 25, 26 and 28 above mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted I accordance with Section No. 18.60.170 of the Anaheim Municipal Code. 30. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 ordinance, regulation or requirement. 31. That timing forcompliance 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 structure.. 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. _g- PC2007- 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 applicatioh: THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 5, 2007, Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 5, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN W ITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -7- PC2007- Attachment -Item No. 3 ®~ ~ ~ ®~ CITY OF ANAHEIM DATE: February 21, 2007 TO: Kimberly Wong, Zoning and Development Review, Planning FROM: James Ling, Development Services, Public Works (714) 765-5100 ext. 5853 SUBJECT; WAIVER REQUEST IN CONJUNCTION WITH A PROPOSED PLANT NURSERY CUP2005-05030/ 1500 S. STATE COLLEGE BLVD The applicant has requested that the sidewalk, parkway street trees, and ADA sidewalk access ramp be waived along State College Boulevard and Cemtos Avenue. Public Works staff has reviewed the applicant's request to waive the public right-of--way improvements and recommends the following: a.) Denial of the waiver7equest to delete the sidewalk and corner access ramp along State College Boulevazd. b J Denial of the waiver request. to delete the pazkway street trees along State College Boulevard and Cerritos Avenue. c.) Aooroval of the waiver request to delete the sidewalk along Cerritos Avenue for the portion east of the proposed driveway. Sidewalk is still required along Cerritos Avenue from the comer access ramp to the driveway. It is anticipated that the project's potenfial fot` generating vehicular and pedestrian traffic will increase in relation to the property's current vacant condition. Additionally, neither of the exemptions findings as stated in the "Discretionary Exemptions" section of the code is applicable to the proposed development. The relevant code sections and supporting informatien are provided below: AMC 18.40.060.080.0801 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: o The code anticipates that changes'will occur in the local neighborhoods and the City generally. As a result of activities associated with the City's development and growth, dedications ofright-of--way and improvements are deemed necessary to prevent congestion and other hazards that are related to the intensified use of [he land, and to preserve public health, safety and welfaze. This statement is consistent with the applicant's request to change the land use of the subject property from a currently vacant site to a higher intensity commercial use in an industrial area. o The development would create traffic and other conditions necessitating the improvement of the public right-of--way. Employees and customers aze anticipated to be on-site as a direct result of the operating business. These visitors would create additional vehicle and pedestrian activity to and from the property and may commute to work via public transportation or walk to other local paints of destination. • In an evolving or growing urban area each additional development adds to the traffic burden. I[ is reasonable and necessary to construct the public improvements since the chazacteristics of industrial areas have changed over time. Previously, employees would typically drive to work and [hen leave a[ the end of the day with their vehicles. Previous street standards in industrial azeas did no[ include provisions for sidewalks. Today, there aze public transportation routes, restaurants and other service businesses that serve people in the area,. o Improvements are necessary and would benefit the development. Public transportation is highly encouraged within the City and County and there is a bus route on State College Boulevazd that serves this azea. Additionally, a certain percentage of public transportation use is even taken into account in the development of the City's Planned Roadway Network (Circulation Element). • The City has approved requirements and standards to insure uniformity and orderly development. Public Works Standazd Detail160-A Far public streets in industrial azeas indicate a parkway and sidewalk. The proposed street improvements would establish conformity with neighborhood design.. o There are existing sidewalks on both sides of Cerritos Ave just west of State College Blvd. There are existing sidewalks on the west side State College Blvd north and south of Cerritos Avenue. No sidewalks currently exist on Cerritos Avenue east of State College Blvd or on State College Blvd north and south of Cerritos Ave. o Sidewalk access ramps at the northwest and northeast comers of State College Blvd and Cerritos Avenue have already been upgraded to be incompliance with City and ADA standazds, i.e. constmcted with truncated domes. AMC 18.40.060.OB0.0802 The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project. o Citywide Traffic and Transportation Impact and Improvement Fees were developed based on actual construction costs to widen a public street and then apportioned to the different land uses and anticipated traffic impacts created, ie. single family, apartment, general office, retail, industrial, church, etc. The City Council then reduced by 68% the actual cost for purposes of establishing the impact fee. • The proposed 408 SF modular trailer will be calculated as retaIl space For purposes of Traffic Impact Fee determination. The two proposed outdoor sales display azeas (32,007 SF and 36,897 SF) will be calculated as industrial space for fee purposes since the traffic generation counts associated with the sales display land use are more similar to an industrial use rather than a higher intensity retail use. Public Works staff used the City Council approved traffic impact fees and then calculated the 100% value of the traffic impacts associated with the development request. o Based on estimates prepazed by Public Works staff, the cost for the required comer access ramp, sidewalk along State College Blvd, sidewalk along Cerritos Ave from the access ramp to the driveway and pazkway street trees. along State College Blvd. and Cerritos Ave do not unreasonably exceed the burden or impact created by the development project. I:~IDC~Feng Run Gardens Waiver Denial.doc Attachment -Item No. 3 RE: Project CUP2005-05030 We would like to request the City to consider a waiver of the required 20-foot wide landscape setbacks along State College Boulevazd and Cerritos Avenue and waivers of the required public improvements along State College Boulevazd and Cerritos Avenue. The reason we would like the waivers aze the following: 1. After the required 5-foot wide sidewalk and 5-foot wide landscaped pazkway as required by the Public Works Department, our site remains only 1.6 acres. We have a triangulazly-shaped site, resulting in an extremely long frontage along Cerritos Avenue, greater than most of useable land; the State College side has a length of 190-feet and Cerritos side is 800-feet, with a total of approximately 1,000 square feet of landscaped frontage. The requirements of the landscaped pazkway and the 20-foot wide landscape setbacks along both frontages would require approximately 25,000 squaze feet of landscaping; this is more than half an acre of useable space for the business. 2. There aze 2 Southern California Edison electrical transmission towers on the site that further constrains the useable azea on the property and additional height requirement of plants. The lattice towers reduce the useable azea by approximately 6,000 squaze feet. In addition, the sharp point of the triangulaz shape of the site further constrains the use of the property. Overall, the total loss from the SCE towers, landscape setbacks and the in•egulaz shape of the property creates an approximately 1-acre loss of useable display, storage, and retail azea. The landscape setback requirement dramatically reduces our business space, such a big space loss will affect our revenue and will also reduce the City's revenue from us. Plants make our environment beautiful and healthier. I believe this is the reason why the City requires a 20-foot wide landscape setback. In any. city, there aze 99% of development projects aze residential buildings or commercial buildings. A 20-foot landscape setback is reasonable for the building because it adds geenery to the pazking lot and building, beautiful for the building and healthier for the environment. However, for a nursery business, our inventory and products aze plants, our products itself are good for the environment. If we would like to be successful, the nursery would have to make its layout beautiful. The 20-foot landscape setback is not only a big reduction of space for us to do business, but also dries our money out and can't do this business anymore...if our plants inventory instead of 20-foot landscape setback, it would be same to the environment and it would be the same or even more beauty for the city street. In the meantime, save the money for us to buy more inventory and make more business to pay more to the City. 4. I have a wholesale pottery business in another City, and most of our customers .are nurseries. I visited azound 400 nurseries in California, Arizona, and Nevada, and there does not exist any nurseries with a 20-foot wide landscape setback. I understand that this is a new Code and the City of Anaheim cannot be compared with other city standards. However, this Code is not as applicable to a nursery use as it is for a commercial or residential use. 5. I understand that the City does not take into account financial costs for~approving a waiver. But for a big building development, involving millions of dollazs, $200,000 on landscaping is a very small amount for the overall project. However, our budget is $200,000 and the required landscape setbacks would cost approximately $4-6 per squaze foot, which would cost us approximately $100,000 to comply with the landscape setbacks. 6. The City always likes to ask that if we waive the 20-foot setback for you, what would happen if we close the business or sell? My answer for that is: we have a conditional use permit for only a nursery use, if we were to sell our business, the new owner would have to function in the same way. If the new business is not related to the sales of plants and trees then the City can requires a 20-foot landscape setback for the redevelopment of the property in the future. 7. We are a small investor, but we chose to develop a property difficult to use for other businesses. If the requirement to improve the publicright-of--way for the comer cut-off, sidewalks, and pazkways on both State College Boulevazd and Cerritos Avenue, we would have to invest a majority of our funds to improving the public azea rather than improving our property. The reality is that we aze a wholesale business, not primarily geared towazd general public sales and pedestrians. We believe that the addition of sidewalks and a comer cut-off is unnecessary since pedestrian use would be limited and the sidewalk would lead directly to properties without sidewalks. Therefore, if a sidewalk was provided it would end and create an inconvenience for the pedestrian. The difficulty for providing the public improvements is our lease terms is only for 5 yeazs. If the business does not work or in 5 years somebody outbids us for the use of the property the public improvements would have been a waste of our money. We aze willing to provide the land for landscaping and if the City would like to add sidewalks in the future that would be fine but the financial expense and risk is a lazge burden that is being placed onus as small business owners. Please consider all the reasons listed above and waive our 20-foot wide landscape setback along Cemtos Avenue and State College Boulevazd and public improvements as required by the Public Works Department. Stephanie Li Representative of Feng Run Gazden Attachment -Item No. 3 RESOLUTION NO. PC2005-146 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05030 BE GRANTED (1500 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 24, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 7, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, LYING NORTHERLY OF THE NORTHERLY LINE OF THE SOUTHERN PACIFIC COMPANY'S RIGHT OF WAY (TUSTIN RANCH), AS SAID RIGHT OF WAY IS DESCRIBED FIRST IN DEED DATED MAY 28, 1889 FROM PACIFIC - IMPROVEMENT COMPANY TO SOUTHERN PACIFIC RAILROAD COMPANY, RECORDED JUNE 27, 1889 IN BOOK 570, PAGE 288, OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF LOS ANGELES. WHEREAS, the Planhlhg Commission did tiold a public hearing at the Civic Center in the City of Anaheim on October 3, 2005 at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.66.040.030, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due ddnsideratidn of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That accessory retail sales in conjunction with a plant nursery is a proper accessory use for which a conditional use permit is authorized by the Zoning Code; and 2. That the proposed accessory retail sales in conjunction with a plant nursery would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located since the site is located along State College Boulevard surrounded by Industrial uses in an area typically known as'Tile Mile", where retail sale of the and floor coverings sales are clearlyincidental to the warehousing and/or wholesale distributoh is permitted. The wholesale plant nursery with accessory retail sales would be consistent with, and cdmplement tfie surrouhding land uses in the area, operating in,a similar fashion to existing surrounding land uses; and 3. That the size and shape of the site is adequate to allow full development of accessory retail sales of plants and pottery in conjunction with a plant nursery in a manner not detrimental to the particular area nor to the health and safety df the citizens of Anaheim, as the site would provide for the minimum code- required parking, setbacks, and screening; and 4: That the traffic generated by the proposed use w(II not, under the cbnditidns imposed, impose ah'uhdue burden upon the streets and highways designed and improved tc carry the iraffic in the area as the site is located within an .industrial area at the intersection of two arterial highways. The proposed use would not generate a significant number of trips when compared to surrounding indusVial complexes and therefore, would not create an increased demand on the streets and highways in thebicinity; and 5. That granting this oonditiohal use permit wilt not, under the conditions (mposed, be detrimental to the particular area and surrounding land uses, nor to the public health and safety as the site Cr\PC2005-146 -i- PC2005-146 would be substantially improved and would have full vehicle access and on-site parking. As conditioned, the minimum code requirements for landscaping, setbacks, and parking would be provided on site to ensure the - -- safe and clean operation of the facility in a manner not detrimental to the area or surrounding land uses: and 6. Thatho one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Department has determined that the proposed project falls wikhln the definition of Categorical Exemptions, Section 15303, Class 3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby 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 safetybf the Citizens of the City of Anaheim: 1. Thafall sales transactions shall take place within the enclosed building on site 2. That no required parking area shall be fenced dr otherwise enclosed for outdoor storage uses. 3. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased andlor dead. 4. That outdoor storage except for plants, pottery, and fountains, shall be in accordance with the requirements of Anaheim Municipal Code Section 18.38.200 pertaining to outdoor storage. 5. That 4-foot high street address numbers shall be displayed on the roof of the modular building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said Informatioh shall be specifically shown oh plans submitted for building permits. 6. That the property shall be permanently maintained ih ah orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal ofgraffiti within twenty-four (24) hours from time of occurrence. 7. That a maximum df one monument or freestanding sign shall be permitted'. The design, size, and placement of wall and monument signage shall be in accordance with the requirements of Anaheim Municipal Code Section 18.44.Ot30, 18.44.090, and 18.44:110 pertaining to monument signsand wall signs. ''Final sign plans shall be submitted io the Planning Services Division for review and approval es to placement, design and materials. Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item.' 8. That a landscape and irrigation plan for theproperty shall be submitted td the Planning Services Division for teview and approval identifying the size, type and location of all proposed plantings as required by Cdde. Plans shall reflect the following: e The addition of forty-five (45) 24-inch box sized Tabebuia ave/fanedae trees within the front setback on Cerritos Avenue and ten (10) 24-inch box sized evergreen trees within the front setback along State College Boulevard. e The addition of three (3) 24-inch box sized evergreen trees distributed throughout the parking area Any decision by City staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. -2- PC2005-148 9. That a final screening and fencing plan for the property shall be submitted to the Planning Services Division for review and approval. Said information shall be specifically shown on plans submitted for Planning Services Division approval.. Plans shall reflect the following: • That the storage areas (for tools, equipment, and other related items) shall be - surrounded on all sides by a substantial solid and/or opaque fence or wall at least six (6) feet in height as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges). The design and the materials used for the fence or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) unless provided otherwise in this section. • That outdoor storage shall not be located in any required setback area and confined to the areas identified on the approved site plan (Exhibit No. 1). • That all gates for access to the property shall swing inwardly or slide sideways and shall be kept closed when not in use except that the gate may be kept open during business hours provided on-site storage cannot be seen from adjacent public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. • Thafthe proposed six (6) foot high wrought iron fence shall be decorative and located outside of the minimum landscape setback. • That the proposed chain link fencing abutting the railroad right-qf-way shall be entirely intervvoven with PVC or simulated wodd slats and view-screened with fast-growing vines and/or shrubbery. 10. That all backFlow equipment shall be located above ground and outside of the streeCSetback area in a manner fully screened from all public streets. Said information shall be specifically shown on plans submitted for the Public Utilities Department, Water Engineering Division approval. 11. That since this project has a landscaping area exceeding 2,500 square feet; a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code: Said information shall be specifically shown on plans submitted for building permits. 12. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Ptah thaL• • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge' areas, and conserving natural areas. • .Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan.... • Incorporates Treatment Control BMPs as defined in DAMP... • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 13. That prior to issuance of a certificate of occupancy, the applicant shall • Demonstrate that all structural BMPS described in the Project WQMP have been constructed and installed in conformance with approved plans and specfFlcations. • Demonstrate that the applicant is prepared to Implement all non-structural BMPS described in Project WQMP. -3- PC2005-146 • Demonstrate that an adequate number of copies of the approved Projects W OMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 14. That the petitioner shall submit grading plans to the Public Works Department to improve State College Boulevard and Cerritos Avenue per Public Works Standard Detail No. 160-A. In addition, a five (5) foot parkway landscaping strip and five (5) foot sidewalk shall be constructed with parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond for the required improvements shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall he obtained from the Development Services Division for all work performed in the right-of-way. These improvements shall be constructed prior to final building and zoning inspections: 15. That the applicant shall use best efforts to assist the City in working with Southern California Edison to acquire an irrevocable offer to dedicate to the Clty of Anaheim a corner cut-off easement at State College Boulevard and Cerritos Avenue for road, public utilities and other public purposes. 16. That a new driveway approach, curb, gutter, parkway landscaping and sidewalk shall be constructed in conformance with Public Works Standard Detail No. 115-B. Said information shall be specifically shown on plans submitted for bu(Iding permits. 17. That a sidewalk access ramp with truncated domes shall be constructed at the corner of State College Boulevard and Cerritos Avenue in conformance with Public Works Standard Detail No. 111- 2. Said information shall be specifically shown on plans submitted for building permits. 18. That gates shall not be installed across any driveway In a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 19. That the locations for future above-ground utility devices including, but not limited tq electrical transformers, water backflow devices, gas, communications, and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each devices (i.e. landscape screening, color of walls, materials, Identifiers, access points, etc-J.' 20. That plans shall be submitted to the Traffic and Transportation Manager and the Planning Services Division for review and approval in conformance with the curent version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway location. Subject property shall there upon be developed and maintained in conformance with said plans. 21. That an on-site trash truck turn around area be provided per Engineering Standard Detail No. 476 and as required by the Public Works Department, Streets and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 22. That trash storage areas shall be provided and maintained in a location not within the minimum setback area and acceptable to the Public Works Department and in accordance with approved plans on ffle with said Department. Sold storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets.. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifica0yshown on the plans submitted forbullding permits. -4- PC2005-146 23. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways; recesses and grounds continuous to buildings shall be provided with lighting of sufficient wattage to provide. - ---- adequate illumination to make clearly visible the presence of any person on or about the premises during the hours bf darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be speciFlcally shown on plans submitted for Pollee " Department, Community Services Division approval 24. That "No Trespassing 602(k) P.C" signs be posted at the entrances of parking IoUstructure antl be located in other appropriate places. Signs must be at least two (2) feet by one (1) foot in overall size with white background and black two (2) inch lettering. 25. That the entrance to the parking area shall post appropriate signs per 22658(a) C.V.C, to assist in removal of vehicles at the property owners/managers request. 26. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department 27. That final elevation plans for the proposed modular building incorporating architectural enhancements on the north, east, and west elevations facing State College Boulevard and Cerritos Avenue shall be submitted to the Planning Services Division for review and approval, Any decision by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 28. 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 No. 1 and as conditioned herein. 29. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 5, 7, 8, 9, 10, 11, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 27 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, 30. That prior to final building and zoning inspections, Condition Nos. 13, 14, 24, 25, and 26 above mentioned, shall be complied with. Extensions for further time to complete Bald conditions maybe granted I accordance with Section No. 18.60.170 of the Anaheim Municipal Code. 31. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal 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 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 cond(tion, 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. -5- PC2005-146 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 3, 2005. 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. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED 8Y ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Mortis, 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 3, 2005, by the following vote of the members thereof: AYES:. COMMISSIONERS: BUFFA, EASTMAN, FLORES, KARAKi, PEREZ, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of __ , 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -6. PC2005-146 Item No. 4 \NDF\DP s ~ M Z 06 An SP 94-1 7P 66.67 1~ f RCL 66-69-37 (12) ~ 61.62- r w ~ RCL 68.69-36 ~(\ RCL 60- ~Q1> SMALL IND. ?~ GUP ' e~`~e~' FIRMS fn ,.pORN~ J SP 94-1 RGl81 n\\n\. ,..~ ~ m~ RCL 66-fi9-37 (12) lR to M\-1 G ~2 VPR593~ g ~ ~q ~ SMALL6ND6 `6462.591601 ~vS~ R G ~ a~4„~g FIRMS RG HEP P,1\ON DP1 tc\ ° $ ~~~' GP 1 ~ ~ y n ~ 9 y°a, l yZp~ GOR4DP1 VP N O (~ y X44 °. 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R 69.59. oo. taiM\ WOZER ~ Vf`CPN gA pp1 ~yVn \NO~.\µVPL RG~U4160 0a•1 °'~G`t +,p6 5 oP+t 3 SHEP NUR.'ERy '; .~ F\RMS Ea,~SG R ~twil qA t0 DP1 Dp,1 ~,1 21 E ~ n aco- o-1ta6 p\RM e) 1 SP69b2.69 ` 7J y \NO. @@sl A!@ 6P Ba 3111 1 RGl \ ~ M \ .p 9q-1 1q ~\0@nGEM"' y Z< AIPh@ (e~pPm@nI A~ Rc`6Bb9.36 (RR~169 EM,E ~y~ R~,,1.5859.110 `yp, ~ R@d@~. a•• `: \Np.F\Rt'f' sU DPt (n F~i~tl'69 1 RG VP 361SZR1 \p 66p619,37 3611 RG~ct \nt. t~10 L \NDU SP.ga-t FiGUC46g-69' t ~~~69op0µ S~`~" FOPS DP1371111 R \NT ~Pt \ RG1666a 9.36 V PG' S4 9a.1 ygr.,t~,.pp,, R PROD VS\DN 68yq.373fi 1 ~S~~~t~°~M\.1 EPSt BENS \R p\SSP\gq"1 SMPW ND F\RM lRR `NDUS-6`r~o PM D\ST. D'bp1~37 1111 941 5MP` Rc~ oP~ !D 9q_1 \ R ~G1.68.88-364\R 7' Gl. B'65~3~i91 9q.t S D~9 g1 1161 P~\ED GGUD ~ RN6L6a \NO 4\RM gpDP1~1 to _ ~t t1 ~GL B6 69.36 Y 6166.62-60 55959- S p~9~7 19j O VPGPNj 5P P~ 1 91 es`o \n59.1 oU RsMF\FMs s oP+ 65 RGl gMP ~\ RRG068~37 VPCPN 1 cO59`c~SP ~ 9 9p.t RGl fi6.6g• (P GL 66.60-g 36 t RM\;CED P UsE ~` IXED REf~1~&5~4j6\ ~ ~ oc P~'E Conditional Use Permit No. 2006-05137 Subject Property Date: March 5, 2007 Scale: 1" = 200' Requested By: TOM HIRAMATSU TR O.S. No. 140 3040 East Coronado Street toz2s Date of Aerial Photo: Conditional Use Permit No. 2006-05137 Requested By: TOM HIRAMATSU TR Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 140 3040 East Coronado Street fozzs l Staff Report to the Planning Commission. March 5, 2007 Item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) 4b. WAIVER OF CODE REQUIREMENT (Motion) 4c. CONDITIONAL USE PERMIT N0. 2006-05137 tREADVERTISED) ,' (Resolution) ; SITE LOCATION AND' DESCRIPTION: (1) This property is identified as 3040 East Coronado Streets REQUEST: (2) The applicant requests approval ofa conditional use permit to permit an outdoor storage yard for a drilling contractor including accessory repairuhder authorityof Code Section Nos: 18.38.20Q'and 18.120.050.0135 with waiver of the following'p~ovisidns: (a) SECTION NO. 18.42.040.010 Minimum numtier of ga~king spaces • 39`spaces requi~etl; 27 spaces proposed) (b) SECTION NO. 18.46:110.020 Required fencing abutting a residential use 8-foot high block wall required adjacent to aresidential use; 6-foot high chain IinKfence existing. BACKGROUND: (3) This hearing was continued from the Octotier 16, November 27, and the December 11, 2006, Commission meetings in order for the applicant to prepare a Water Quality Management Plan. The'applicanfsubsequently submitted revised plans to include the demolitidn of the existing non-cohforming'sngle family residence on the site and the construction bf a new wafehouse and' office facility which requtreda waiver of minimum humfier dfparking spaces. (4)' This property is currently developed with asingle-family residence and an dutdoor storage areej and is part bf the Northeast Area Specific Plan, Development Area T -Industrial Area asshown on the ee~ial below. The Anaheim General Plan designates this property for Industrial lahd uses. The surrounding properties are also designated fdr;lndustrial uses: . SR CUP2006-05137' dmh Page 1 Page 2 ____ _ 1 Staff Report to the Planning Commission March 5, 2007 Item No. 4 Structural/Landscaped ~ ~ ~~ GodeRequired ` ~~ Direction-. ' "~ ~ Setbacks;,' , ~ '. - StructuraULandsea" ed Setbacks West ad]acent to an 0 fet3U0 feet None required exlstirig single-family ' (far rear tiullding) residence.... 55 feet/0 feet for front 6uildfn (8) The floor plan (Exhibit No. 2) indicates that the office/warehouse building would have $,342 square feet df warehouse area on the first floor and 4,130 square feet of office area on the second floor.. The proposed shop (Exhibit No. 3) would have 3,808 square feet of maintenance/storage area with a mezzanine area of 936 square feet. (9) Elevation plans (Exhibits Nos. 4 and 5) show a two story 32-foot high office building with ledge stone veneer, stuccd and a clear aluminum canopy. The proposed shop would be a 23-foot high split face brick building with metal siding. The elevations comply with code: (10) A total of 27 on-site parking spaces (11 car spaces and 16 truck/car spaces) are proposed on the property. Code requires 39 spaces based on the following:: Use Square Footage Code-Required- Parking per 1,000 s.f. of ross floor area Parking Spaces Re `wired .Warehouse/ Industrial 3,342 1.55 5 Office. 4,130 4 17 Vehicle re air 4,744. 3.5 17 ?OTAL 39 (11) The site plan also indicates landscaping withih the required 5 footsetback albng Corohado Street. A transformer and other utility equipment?..Will be placed behind the setback area and bescreened from`view by landscaping', including six (6) trees,: in compliance with Code. (12) The submitted letter of operation indicatesShat California Boring Company will move its 'Corporate Office frdm another city to this location: This corporate'office will include an employee dispatch center with 3 to 5 employees who work 8:00 a.m. to 5:00 p,m. weekdays. There are approximately 35 pieces of specialized boring equipment. Most boring equipment would'depart the facility around 5:00 a.m. and return`at approximately 5:00 p.m: Equipment operators (30-40) would park their personal'vehicies on-site and depart with the boring equipment. Heavy repair work will be conducted off-site with light repair work of the equipment and vehicles to be done within the. new shop area. (13} No sign plans have been submitted: Any proposed signs would be subject to current code requirements:`. ENVIRONMENTAL IMPACT ANALYSIS: (14) Staff has reviewed the proposal to permit an outdoor storage yard for a drilling contractdr ]nclud]ng accessory. service vehicle repair and the Initial Study (e copy of which is available for review in the Pianning Oepartment) and finds no significant environmental impact and; therefore, recommends that a Negative Declaration be approved. Page 3 Staff Report to the Planning Commission March 5, 2007 Item No. 4 EVALUATION: (15) An outdoor storage yard with the accessory maintenance of vehicles and equipment is permitted in this area of the Specific Plan; subject to the approval of a conditional "use permit. (16) The applicant proposes to provide less parking than the Code requires. Code requires a mihimum of 39 parking'spaces for the facility. Plans indicate 26' parking spacesprovided. A parking study dated February 16, 2007, was conducted by the City's parking and traffic consultant which determined thafthe proposed parking ahd circulation would tie adequate because not all employees park their vehicles on the site at tfie same time; Parking counts at the applicant's current facility in the City of Orange demonstrate that 26 parking spaces. are adequate: Based upon theconsultaht's analysis and recommendation; staff recommends approval cf this waiver. (17} The applicant also requests a waiver regarding fencing adjacent to a residential use: Code requires an 8-foot high`block wall'adjacent to a residential use.' Plans intlicate that the existing 6-foot high cFiaih link fence would remain adjacent to anon-conforming single family residence to the west. The existing single family residence located. adjacent to this property is used as a'caretakers unit for the industrial use oh that site. Since that residence currently abuts an industrial use without protection; separation with a block wall oh this site: is not necessary. A waiverdf this fehcing`requirement has also been approved in the past for this property: Staff recommends approval of this request because'this property has unique surroundings in that the abutting residential use that requires the screening is a caretaker's unit for another industrial use: (18) Section 18.38.200 pertaining to outdoor storage includes the following stipulations:: .010 Screening. The storage area shall be surrounded on all sides by a substantiaF solid and opaque fence or wall at least six (6) feet in height as set forth in Section 18:46.110 (Screening, Fences; Walls and Hedges),. unless otherwise specified in 'the underlying zone bYunless a higher fence is required or approved by the City. All stored equipment or material shall be located: below the fence height: The wall or fence shall be kept in a clean, neat and painted condition, free of grafFti. The design and the materials used for the fence or wall shall comply with the provisidn'of Section' 18:40.150'(Structural Setbacks and Yards) of Chapter 18.40 (General Develdpment Standardsf unless provided otherwise in this section. The proposed outdoor storage`would be'screened on all sides by a 6-foot high chain link fence with slats and from the street by an 8-foot block wall and opaque gate. :020 location. Outdoor storage shalfnot be located in any required setback area. It shall be confined fo the rear of the main structure(sf or the rear two-thirds of the site, whichever is the more restrictive except as maybe permitted under conditional use permit for Outdoor Storage Yards: When it is located adjacent to residential zones; it sha116e at least fifteen (15) feet from the property line. Any proposed outdoor storage would be located on the rear two-thirds of the property, out of any required setback areas: There are no residential zones abutting this site. .030 Gates. All gates for access to the property shall swing inwardty or slide sideways, The gates shall be kept closed when noon use except that the gate maybe kept open during business hours if the interior or contents of the storage. yard cannot be seen from non-industrial areas or public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. Page 4 Staff Report to the Planning Commission March 5, 2007 Item No. 4 Access to the outdoor storage portion of the property would be through gates that slide sideways. .040 Surface Conditions. The storage area shall be properly graded and a layar of gravel at least one-inch thick or a layer of concrete or approved asphalt material or similar substance shall be placed over the'entire surface or a5approved by City staff. Additional limitations maybe imposed if vehicles such as trucks or forklifts are regularly used ih this area The surtace of the storage area would be paved with asphalt. .050 Maintenance:.. The stdrage area shall be kept flee and clear of weeds and debris of all kinds, both inside and outside the fence or wall Any graffiti"aha116e removed within forty-eight hours of occurrence. Standard maintenance conditionspertaining to outdoor storage have been included in the'attached resolution. .060 Height of Storage. All outdoor storage shall be below the height of the enclosing fence or wall The proposed materials that would be stored on this property would not exceed the height of the fencing. How do we know?' Is there a condition? .070 Vehicles. All vehicles shall be parked or stored in an orderly manner. The plans depict the location of the service vehicle parking. .080 Liquids. All gasoline, oil or other liquids shall be drained and removed from any unregistered vehicle located ih the storage area. All service vehicles that would be stored'at this location would be registered. How do we know?' Do we have a condition?`OFdo we just rely on the code to enforce this provision? .090. Salvage Yard. No storage shall take place in such a fashion that iC constitutes a junkyard or saluage yard unless a junkyard or salvage yard hasbeen approved as a use on the parce(. This'request for outdoor storage is exclusively for. the interim storage of boring equipment and service vehicles: ` No junkyard or salvage operations would be conducted on the property. .100: Vacant Parcels. No storage shall occur on any vacant parcel except as maybe permitted by condftional use permit for putdoor storage yards. The plans indicate thattwo building are proposed on the subject parcel (19) The proposed outdoor storage yard for a drilling contractor is compatible with the neighboring industrial uses. The proposed new buildings and landscaping comply with code and are an,improvement to the existing,condition of the site. The parkingstudy indicates that adequate parking will be provided on-site. The facility will be screened from public view along Coronado Street. Therefore, staff recommends approval of the request, subject - to the recommended conditions of approval:.:. FINDINGS: (20) When practical difficulties or unnecessary hardships. result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it,shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any: variance is to prevent discrimination and none shall be approved which would have the Page 5 Staff Report to the Planning Commission March 5, 2007 Item No. 4 effect of granting a specia(privilege not shared by other similar properties: Therefore,. before any variance is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the property such`as size,'shape, topography, location or surroundings, which do not apply tobther identically zgned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity: (21) 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 conditionsbf 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 the public 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 the immediate vicinity of the proposed use. (d); That the waiver,.under the conditionsimposed, will not increase traffic congestion within the off-street parking areas or lots provided for such ase. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any waiver::. pursuant to this section; the granting of 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 tfie waiver. Exceeding, violating,' intensifying or otherwise deviating from any of the assumptions as`contained'ih the Parking Demand Study shall tie deemed a violation of the express conditions imposed upon the waiver, which shall subject the waiver to revocation or modification pursuant to the provisionsbf Section 18.60.200 (City-Initiated Revocatioh'or Modification of Permits). ' (22) Before the Planning Commission grants any conditional use permit, it must make a finding: of fact thaf tfie evidence presented shows that altof the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code., or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the proposed use will not adversely affect the adjoining land uses or the growth and development'of the area in which it is proposed to beiocated; Page 6 Staff Report to the Planning Commission. March 5, 2007 Item No. 4 (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditionalLse 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: (23) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions including the findings and conditions contained therein: (a) By motion, approve a CEQA Negative Declaration. (b) By motion, approve waivers (a) and (b). (c) By resolution a rove, Conditional Use Permit No. 2006-05137, Page l [®R~,FT~ RESOLUTION NO. PC2007--**' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05137 BE GRANTED (3040 EAST CORONADO STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOT 133 OF THE "EUCALYPTUS FOREST TRACT: IN THE CITY OF ANAHEIM, COUNTY. OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 5, PAGES 29 AND 30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCCEPTING THEREFROM THE W ESTERLY 3 FEET THEREOF WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 5, 2007, 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 an outdoor storage yard for a drilling contractor including accessory repair is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.38.200 and 18.120.050:0135 with the following waivers:. (a) SECTION NO. 18.42.040.010 (bZ SECTION NO. 18.46.110.020 Minimum number of parking spaces l39 spaces required; 27 spaces proposed) Reduired fencing abutting a residential use 8-foot high block wall required adjacent to a residential use; 6-foot high chain link fence existing. 2: That the above-mentioned waiver (a), under the conditions imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and. reasonably foreseeable operation of such use as the parking study determined that the size of the building at this site is not a good indicator of the number of employees since they work in the field. In addition, not all of the employees are on the site at the same time. The parking study surveyed the existing facility in the City of Orange with the same number of employees and determined that the proposed spaces are adequate. 3. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal since adequate on site parking is being provided. 4. That the waiver, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use since parking is contained within the property boundaries of the site. Cr\PC2007-0 -1- PC2007- 5. That the waiver, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses because the project is designed to anticipate the peak demand for the use. 6. That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the driveways and parking areas for the adjacent properties are self-contained and separate from the proposed project. 7: That the above-mentioned waiver (b) is hereby approved based upon the finding that this property has unique surroundings because although there is an existing single family residence located adjacent to this property, the house is used as a caretakers unit for the industrial use on the adjacent property. Ih addition, the same waiver has been granted under a prior entitlement for this site: The intent of the code is to protect a residential use and all surrounding properties are developed with industrial uses. Surrounding properties all have 6 foot high chain link fencing and denying the waiver would deprive this property of privileges enjoyed by surrounding properties. 8. That the use does 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 surrounding land uses are developed with similar industrial land uses; 9: That the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 10. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition, CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim 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 for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That the gates on-site shall be open and unlocked during business hours during the loading/unloading of product delivery vehicles and securely locked after business hours. The gate and perimeter fencing for the impound area shall comply with the requirements of Chapter 18.38 of the zoning code pertaining to screening of outdoor uses. 2. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping and fence maintenance, asphalt repair, removal of trash and debris, and removal of graffiti within twenty four (24) hours from time of discovery. 3. That barbed wire or razor wire shall not be visible in any direction to any non-industrially zoned property or the public right-of-way. 4. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use. 5. That any loading and unloading of vehicles shall occur on-site only, and shall not take place in any required parking area or within the public right-of-way. _p_ PC2007- 6. That washing of vehicles or equipment shalt not occur on the property.. 7. That the outdoor storage shall be limited to drilling equipment/vehicles or any other equipment used for this operation as indicated in the submitted letter of operation. No other outdoor storage shall be permitted. 8. That the height of any outdoor storage shall not exceed the height of the perimeter fencing as required by code. 9. 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 Public Works Department, Streets and Sanitation Division approval 10. 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 be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval 11. 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 12. That the address numbers shall be positibned sd as to be readily readable from the street: Numbers should be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 13. That 4-foot high address numbers shall be displayed on the roof of the Building 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'specificallyshgwn on plans submitted for Police'Departmenfopproval. 14. That adequate lighting of parking lots, shipping and receiving areas, driveways; circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe., secure environment for all persons, property, and vehicles on-site. 15. That an Emergency Listing Card, Form APD-281 must be filed with the Police Department; available at the Police Department front counter. 16. That the developer shall submit a cash payment in an amount determined by the City Engineer to be suffcient to pay for the required street improvements along Coronado Street (in conformance with Section 18.40.060.030.0302.01 of the Anaheim Municipal Code). The cash payment shall be paid to the Public Works Department, Engineering, Development Services prior to issuance of a grading permit. The cash payment shall be refunded if the street designation is reclassified through a General Plan Amendment approved by the Planning Commission. 17. That the developer shall dedicate 18-feet along Coronado Street and shalt submit grading plans to the Public Works department, Engineering division, Development Services to improve Coronado Street per City of Anaheim Standard Detail 160-A. The sidewalk shall be constructed in the ultimate location with an extra wide landscaped parkway (22-feet wide). No street widening shall be required. Parkway landscaping and sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. A bond shall be posted in an amount -3- PC2007- approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right of Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to final building and zoning inspections. 18. The driveway approach at Coronado Street shall be constructed to be in conformance with Public Works Standard Detail 115-B. The curb return radius shall be located a minimum of 1-foot from the property line. 19. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • .Addresses Site Design Best Management Practices (BMP's) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMP's as defined in the Drainage Area Management Plan: • Incorporates Treatment Control BMP's as defined in the DAMP. Describes the long-term operation and maintenance requirements for the Treatment Control BMP's. • Identifies the ehtity that will be'Yesponsible for long-term operatioh and maintenance of the Treatment Control BMP's, and • Describes the mechanism for funding the long-term operation and maintenance bf the Treatment Control BMP's. 20. That prior to issuance of certificate of occupancy; the applicant shall • Demonstrate that all structural BMP's described in the ProjecE WOMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement al( non-structural BMP's described in the Project W OMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMP's. 21. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 22. That all requests for new water services or fire lines, as well as any modifications, relocations pr abandonments of existing water service and fire liens, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 23. That the owner of subject property shall submit a letter requesting termination of Conditional Use Permit No. 2001-04394 (to permit a bus storage and dispatch facility) and Conditional Use Permit No. 1595 (to permit a dog and cat kennel) to the Planning Services Division.. 24. 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. 25. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 9, 10, 11, 12, 13, 14, 17, 18, 21, and 23, 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. _4_ PC2007- 26. 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. 16 and 19, above-mentioned shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 27. That prior to final building and zoning inspections, Condition Nos. 3, 15, 17 and 24, above-mentioned, shall be complied with. 28. 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 29. 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, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is resppnsitile 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 far 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 March 5, 2007. 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 -5- PC2007- 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 March 5, 2007; 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _g_ PC2007- Attachment -Item No. 4 California i3oring Parking Study 3040 E. Coronado Street Anaheim, California Prepared for: Prepared by: afiq ~ ssociates, Inc. February 21, 2007 Table of Contents Section Page I. Introduction 1 2. Project Location 1 3. Site pescription ~ A. Existing Site 1 B. Proposed Site 1 Figure 3.1 Proposed Site 2 4. Parking Requirements per Municipal Code 3 5. Site Parking Counts 3 6. Methodology 3 7. Analysis 3 8. Conclusions 3 9. Recommendations 4 10. Findings 4 Appendix A Parking Counts 5 Appendix B Site Photos 6 a iq ssociates, nc. a i omia onng 1. introduction The purpose of this parking study is to evaluate the parking demand for the proposed relocatiori of the corporate headquarters and equipment storage of California Boring in the City of Orange, to a new site in Anaheim. California Boring specializes in high-tech drilling and proposes to remodel an existing office on the project into the Corporate Office and employee dispatch center. The equipment used will be stored on the site overnight and then taken offsite during the day. Employees will .park their cars in the lot while offsite. 2. Project Location California Boring is currently located at 770 N. Eckhoff Street in Orange. The proposed site is 3040 E. Coronado Street in Anaheim. 3. Site Description A. Existing Site The existing site is located along the Santa Ana River, just west of N. Eckhoff St. and south of the railroad tracks. It is .accessed from a drive aisle with a street sign indicating California Boring. The current site has approximately 10 marked spaces and a large open paved area that accommodates large, heavy equipment. There are 35 pieces of equipment that depart from the site around 5:00 am and return at 5:00 pm. The parking is used by employees who drive to the location and then depart with the boring equipment. Most pieces of equipment carry one or two employees to the job site. There is a lockable gate restricting access into the parking lot. All parking is onsite. B. Proposed Site California Boring is proposing relocating the Corporate Office and storage facilities to an existing storage location along E. Coronado Street, just west of N. Kraemer Place. See Figure 3.1 on Page 2 for the proposed site .plan. This site currently has an existing building, gravel driveway, and gated, paved parking lot. The neighborhood appeared to be primarily industrial, with a sports bar and some residential uses. The Corporate Office and employee dispatch center will have between three and five employees who work weekdays 8:00 am to 5:00 pm. There are between 30 and 40 equipment operators who will park personal vehicles onsite and depart with the boring equipment; carpool to the office to take equipment; take vehicles home and drive directly to the jobsite the next day; or meet directly at the jobsite and never go to the office. Heavy repair of equipment will be conducted offsite; however the site will include a 1,000 gallon above ground diesel storage tank and two ramped repair bays for some overnight vehicle repair. The proposed site plan will retain the site's configuration, but provide a 34 foot wide paved driveway and 26 marked parking spaces. Eight parking spaces will be outside of the gates. Nine of the parking spaces will be 66' long to accommodate trucks with trailers and large equipment. a iq ssocreles, nc. ~ California boring i Figure 3.1 Proposed Site at 3040 Coronado, Anaheim, CA a iq ssociaies, nc. p California Boring 4. Parking Requirements per the flflunicipal Code The Municipal Code requires 4 spaces/TSF for office uses, 1.55 spaces/TSF for warehouse ahd industrial uses, and 3.5 spaces/TSF for vehicle repair. The proposed site would have a parking requirement of 39 parking stalls. The proposed site provides 17 vehicle parking stalls and 9 extra-long truck parking stalls (66'), which total 26 spaces. The site is short 13 spaces from the code-required parking. Table 4.1 Code Required Parking Land Use Square Foota e/ TSF Code Parking Rate Parking Re uirement Office 4.130 4/TSF 17 Warehouse/Industrial 3.342 1.55/TSF 5 Vehicle re air 4.744 3.5/TSF 17 TOTAL 39 S aces Provided 26 S aces short, er Cit code 13 5. Site Parking Counts Southland Car Counters took parking counts on two days, Tuesday ahd Thursday, February 6th and 8th, 2007. 6. Methodology The size of the buildings at this site is not a good indicator of the number of employees, since they work in the field, and the equipment is stored outside. This parking study is done to determine the parking demand of the existing site. The parking demand for the new site will be identical to this site, as the move to Anaheim does not consist of an increase in the numberbf employees or an increase in equipment. 7. Analysis The maximum number of cars, trucks and equipment observed parked was 19 at 4:00 on Tuesday. The site has 26 parking stalls including 9 that are extra-long. This site will be able to accommodate the observed parking demand. The parking demand at this site is far less than the code because some employees carpool, some take company vehicles home, and some meet directly at the jobsite and do not come in to the office. 8. Conclusions The site plan shows that there are S parking spaces outside of the gates and 9 spaces inside the gates, with 9 extra-long parking spaces (66') for large trucks and equipment and two additional spaces that ramp down near the shop building for overnight repairs. The 17 vehicle parking spaces will accommodate the 13 employee and visitor vehicles, and the 9 extra-long stalls and the ramped area will accommodate all of the work trucks, other vehicles, and equipment. a iq ssociales, nc. 9 California Boring 9. Recommendations The proposed site is long and narrow, which is a different configuration from the current site. At - the current site, trucks have a large open space in which to bring in the large trucks and trailers and maneuver around. It is suggested that backing trucks out onto the street be discouraged. At the proposed site, it is imperative that the drive aisle be kept clear of equipment, so that trucks are able to enter, unload equipment and park. Also, this aisle should be kept clear to allow emergency vehicle access. The two diesel tanks are located in the front of the site, within 100 feet of the street, so they are easily accessed. 10. Findings Finding Numbei .0101 That the variance, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. California Boring will be able to provide adequate parking onsite for its uses. Finding Number :0102 That the variance, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. California Boring will provide adequate parking onsite for its uses. Curbside parking will not be needed. Finding Number .0103 That 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). California :Boring will provide adequate parking onsite. Overflow parking willnot occur upon adjacent private property. 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. California Boring will provide sufficient parking onsite for its uses. Finding Number .0105 That the variance, under the conditions imposed, if any, wilt not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. California Boring will provide sufficient parking that will ensure that employee's vehicles will not block ingress/egress between adjacent properties and the public streets. a q ssoaates, nc: q California Boring Appendix A Parking Counts 07-1032 CALIFORNIA BORING 770 N. ECKHOFF Tuesday 2-6-07 TRUCKS. TRUCKS CARS CRANE GENERATORS' 8 TRAILERS* & WORK DUMP BOBCAT trailers hehrats truck to irk 2:00 PM 11 2 2 3 ___-___2 ___.-1 _-__.0 D 3:00 PM 11 1 2 2 3 2 1 0 0 4:00 PM 13 1 2' 2 3 2 1 0' 0 5:00 PM 9 1 2 3 3 2 1 0 0 6:00 PM 6 1 2 4 3 2 2 0 0 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM Thurs 2-8-07 11 1 0 3 3 0 1 1 1 12 1 0 3 2 0 1 1 1 11 1 0 4 3 0 1 1 1 7 1 0 5 3 0 1' 1 1 4 1 0 6 3 0 1 1 1 Note: `The generators and trailers are not moving vehicles. Note: Sometimes vehicles are stored on the trailers and sometimes not except the bobcat. a iq ssociales, nc. 5 California Boring ~ppendiu i3 Site Ph®t®s a iq ssoaates, nc. 8 California Boring a iq ssoc a es, nc. ~ California Boring Ettistang Site Photos (Continuedp l Item No. 5 RS-2 1 DU EP I I RS-2 11zDu RM-4 RM-4 RCL 67-fi8-79 C-G RCL 67.68-79 RCL 56.57-41 RCL 56-57-68 RCL 56-57-41 VAR 1973 CUP 1309 VAR 1973 LINCOLN RV PARK W J U ..-G Q cG 68-69-56 Z RCL 666946 67$8-79 W RCL 67-6679 56-57-41 ~ RCL S65I-01 CUP 2001-04407 1 g73 L Q cuP 1o93 SHOPS J VAR 1873 RM-2 RCL 77-78-11 (ResRCL 65 66 36200) RCL 66-67-28 (Res of Inl. to CL) RM-2 wem nn. RCL 9691-10 RCL n-78-75 coNDOs RCL 6364-00 1z Du CUP 3936 m {a*-243'^-®{ LINCOLN AVENUE R RCL' APAR 4 ®® j Conditional Use Permit No. 2006-05181 Public Convenience or Necessity No. 2007-00032 Requested By: TOKIKO NAKAMURA TRUST 2629 West Lincoln Avenue a lozzs 31/11 CD elG18I CDR rs W cc Z RCL9689A RCL fi3-fi4d0 ~ CUP 1847 Q SMALL SHOP Q C-G .96968 J 63.94-00 ~ () C{ u16~~°1 ~' Z RCL 6Sfi694 RCL e6B9A (' CHECK RLL 8354-00 Q LASHING RESTAURANT - 400 ~-^~( I r T A 9 RCL 64950] C-G CUP 2879 ap ~p T-cW Z603-0O9 RCL 565754 E,,, LREST . y„O y„~ Tcu¢¢P 2mo-oalzzo CUP 3937 W MO1EL eJ~ mpc IC p16at1 CUP 3656 10U m ° UP e6z VAR 1012 ~ CG m H m T SMALL RCL 6669-09 8 T V R 79 ~ SHOPS ~ CUP 1042 SMALL SHOPS AI ~ 0 7-76-03 Z ~ VAR 995 6 LENCIA INN REPAIR T EncH ~MENT6 ACL ~]~ O O VA 'DD VAR 1012 ' S ~ Z G T664 APARTMENT RCL 7] i w RCLfiB6)54 h ~ qµq VAR 3005 26 DU vAR t6tz ~ RCL 95 9639 . RMJ VAR 35]4 RM-0 R¢665]-61 VAR 601 RCL 685853 gpARTMENTS VARfoR APARTMENTS VAR 2047 24 DU RM4 tou 0.¢ 666141 fi3 Du VAR 2009 VAR I66t ~ RM-0 dvf' RCL 76]1-24: RCLfiB~fi622 APARTMENTS VAR 2229 VAR 2008 26 DU a APARTMENTS ~ : 16 DU ~~ RM-0 RIM RCL 6152-72 0.LLfi66]-61 APARTMENTS vAR m1z tou emae omdo rs zd Du RM-2 RCL 77-76-50 CUP 887 CUP 546 CUP 177 VAR 3019 VAR 2998 VAR 1915 APARTMENTS 95 DU C-G RCL 6?-fi3-126 RCL 5556-04 CUP 2717 VAR 246] S ORNE-THRU REST. 0 E U E E U Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 19 Conditional Use Permit No. 2006-05181 Public Convenience or Necessity No. 2007-00032 Requested By: TOKIKO NAKAMURA TRUST 2629 West Lincoln Avenue Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 19 10225 a Date of Aerial Pholo: l Staff Report to the Planning Commission March 5, 2007 Item No. 5 Staff Report to the Planning Commission March 5, 2007 Item No. 5 convenience or necessity is required from the City of Anaheim by the Department, of Alcoholic Beverage. Control (ABC). (11 } The Anaheim Police Department has submitted the attached memorandum dated February 14, 2007, stating that this property is located within Reporting District 1617, which has a crime rate of 100 percent above the average. This reporting district is depicted in the attached map. The population within the census tract allows for 4 off-sale licenses, and there are presently 5 active licenses. Based on the high crime rate and over concentration of licenses; the Police Department is not recommending approval of thisrequest. Conditions of approvalYecommended by the Police Department have been incorporated into the draft resolution if the request isapproved: (12) Community Preservation records indicate there are no open code violations for this property: During a,site inspection, staffbbserved deferred maintenance issues and will be working with"the property owner end operator to resolve these concerns. (13) The Planning Commission has established a policy to determine whether a determination ofpublic convenience: or necessity is appropriate. The following' is the list of factors to consider when evaluating a request: (a) How significant is the "undue concentration"? In census tracts with a few 'excess licenses, it may be easier to justify the need for additional licenses. when considering: other factors. However, in areas with a sfgnificant number of excess licenses, fhe City should carefully examine, based on submitted evidence and the whole record, whether it would be appropriate to make the requested finding. The number of licenses in this census tracf exceeds what is allowed by one. Of the existing 5 licenses within the census tract„the subject location is the only one that is restricted to sale of beer and wine. (b) How close is the proposed site to a residential neighborhood and/or school? If the ite is in close proximity to a residential neighborhood or school, then the decision on whether td make the finding of PCN should give weight to these sensitive land uses. There are no schools withinclose proximity to the subject site; however, there is a residential condominium development located to the rear of the commercial center and the Valencia Inn, a motel is across the street. (c) How close are otheralcohol outlets? Are outlets in close proximity or are they spread throughout the census tract? If the outlet. is located near the border of the census tract, is there a cluster of outlets in the vicinity of the outlet)ocated in fhe adjoining census tracts? In some areas there are a large number of businesses providing alcohol in close proximity. As a result, the impact is greater than if the same number of businesses were spread throughout the census tract: In these instances, ft may 6e difficult to make the finding. There are no stores immediately adjacent to the liquor store which sells alcoholic beverages: The closest store that sells alcofidlic beverages would be Stagecoach Liquor located at 2701 W Lincoln Avenue, 670 feet west of the subject site: Page 4 l Staff Report to the Planning Commission March 5, 2007 Item No. 5 (d) Are there similar businesses already in the area? Is this the first business of this type orare there several similar businesses nearby? If the product is already available, then it wouldbe harder to justify the public need. There are four licenseslocated on the same street as the subject location with the first business located less than a block away. The subject business alreadysells beer and wine, so this would tie only an upgrade in license type. (e) is the sale of alcohol an integral part of the primary purpose of the business? A "dinner house" wbuld normallysell alcohol; however, a gas station of breakfast cafe would not: The sale of alcohol is anticipated to generate 55 percenfof the gross sales for the liquor store. The floor plan and operation is indicative of a retail store, but because the products sold are discounted retail items, the alcoholic beverage sales exceed fifty percent of the gross sales. - (fj Isthere a history of alcohol-related problems in the areal Determination of PCN in'reporting districts that have a much higher than average crime rate'will be more difficult to justify. Likewise even if the proposed location is in a census tract that does not >' have a higher than average crime rate; it maybe adjacent to one or more: reporting disficts that have a higher than average crime rate. There has only: been one call for service within the last year for thisbusiness: The Police Department recommendsdenial'of this request because of the'overal(higfi crime rate in the area, and over concentration of licenses: The cldse proximity to the Valencia Inn across the street, whicft hosts a high transient populatioh;`is also of conceml Within the last 3years, there ftave$een 20 calls fpr service that were alcohol related of the Valencia Inn: The concern arises that if the applicantis approved for hard liquor beverage sales that the Policebepartmeht's calls for service may increase. (g) Arethere unusual factors which are applicable to a Particular location? The establishment may cater to a specific customer such asspeciaky markets or <' warahouse stores: In these Instances; the Planning' Commissibn may determine that the `unusual factors are sufficient to'determine public convenience or necessity. ,c The'availability of alcoholic beverages within this liquorstore is unique because it will not be advertised to the general public from the store"as conditioned: The name of the store, "'98 CenCPlus Discpunt Store,' does :not indicate that this would be a liquor store but merely a retail store: (h) Is the proposed site7n an area which has both an over concentratiosof licenses and a higher than average crime rate? In such instances, it maybe more difficult to make the finding. Yes. The site in ah area of above average crime (100 percent above average), and there is an over concentration in the number of licenses within the census tract (four are allowed with five existing): Of those permitted licenses, there are four that already sell hard liquor and this requesfwbuld be the fifth: Page 5 l Staff Report to the Planning Commission March 5, 2007 Item No. 5 (i) Would a particular establishment have mitigating operational characteristics such as increased security, limited hours of operation ortiulk sales anti/or temperatures not conducive to on-site consumption? The proposed conditions of approval would both limit the advertising of the alcoholic beverages to the general public, and require:monitoring by the'operatortd ensure the alcoholic beverages are not consumed on the premises: There is a security camera that is .already in use at the location and the hours of operation would be limited: (14) Code permits the sale of alcoholicbeverages for off-premises consumption for a liquor. store and retail shop through approval of a conditional use permit: She intent of the code is to provide such sales as a convenience for customers if there are no stores immediately. adjacent to the site which sell hard liquor. (15) Although this store is in an area of high crime and over concentration in licenses, this business already has a license to sell beer and wine, and approval of this application would not ihcrease the number of licenses within the tract. The operation is not a typical liquor store dr convenience market tiecause iYoffers the convenience of alcohol sales to its customers within a large retaiFstore: Police.Department records indicate that there has only been one call for service at this locatidn, and there have been no Community Preservation complaints filed against this property over the last year. The availability of alcohol would not be advertised as conditioned; and beer and wine could nb longer be sold in singles. Currently, these types bfcohditionsare not a part of the entitlement. To ensure that the alcofiot sales are not Intensified, staff recommends thatThe display of alcohol be limited to the existing square footage: as odnditioned. (16) The previous conditional use permit allowing the beer and wine sales limited the hours of bperatibh to Monday through Saturday from 8:00 a'mi to 10:00 p.m. and Saturdays from S:OO am: to 8:00 p.m sd the business has not beeh in compliance with this condition of approval. The applicant is requesting to extend the hours of operation tb $:OO a.m. to 11 p.m., seven days a week. Police Department staff oppose the extended hours of operation until 11 p.m: tiecause this' property abuts a condomihium residential development to the northC In addition, the recommended conditions of approval include a limitation on the alcotiotsales of thirty-five (35) percent of the grass sales:: The store has already been operating with these extended' hours of operation and the current level of alcohol sales is fifty-five (55) percent of the gross sales. Since the business has been operating without complaints to the Police Departmenfor Community Preservation Division,.. Planning staff. recommends the hours of operation requested`by the applicant and a limitation of the alcohpl ales at 55 percent; This would limit the operator to the same level of alcohol sales as is currently existing with sales limited to beer and wine. FINDINGS: (17) Before the Planning Commission grants any major modification to a conditional use permit, they must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or that said use. is notlisted therein: as being a permitted use; Page 6 'J l Staff Report to the Planning Commission March 5, 2007. Item No. 5 {b) That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located; (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved 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 and general welfare of the citizens of the City of Anaheim. RECOMMENDATION; (18) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions including the findings and conditions contained therein; (a) ' By motion, approve a CEQA Categorical Exemption -Class 1 (Existing Facilities). (b) By resolution approve. Conditional Use Permit No. 2006-05181. (c) By resolution approve. Public Convenience or Necessity No. 2007-00032. Page 7 [DRAFT] RESOLUTION NO. PC2007--"` A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0. 2006-05181 AND PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00032 BE GRANTED 2629 WEST LINCOLN AVENUE WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134 establishing procedures and delegating certain responsibilities to the Planning Commission .relating to the determination of "public convenience or necessity" on those certain applicatipns requiring that such determination be made by the local governing body pursuant to applicable provisions of the California Business and Professions Code, and prior to the issuance of a license by the Department pf Alcohclic Beverage Control (ABC); and WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem, or if issuance would result in or add to an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by the issuance of a license; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit and an application for a Determination of Public Convenience or Necessity to permit sales of alcoholic beverages for off-premises consumption for certain real property situated in the City of Anaheim, County of Orange,. State of California, described ax PARCEL 1: THE SOUTH 223.00 FEET OF THE SOUTH 5 ACRES OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF THE SOUTHEAST ONE QUARTER OF SECTION 12, TOWNSHIP 4, SOUTH, RANGE 11 WEST IN THE RANCHO LAS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF - CALIFORNIA AS SHOWN ON A MAP RECORDED IN BOOK 51, .PAGE 11 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA EXCEPTING THEREFROM THE EASTERLY 400.00 FEET. ALSO EXCEPTING THEREFROM THE SOUTHERLY 40.00 FEET. ALSO EXCEPTING THEREFROM, THAT PORTION OF SAID LAND THAT LIES NORTHWESTERLY OF A LINE THAT IS PARALLEL AND CONCENTRIC WITH, AND DISTANT 30, 50 FEET SOUTHEASTERLY pF A LINE DESCRIBED AS FOLLOWS:. COMMENCING AT THE CENTERLINE, INTERSECTION OF LINCOLN AND MAGNOLIA AVENUES IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS INTERSECTION IS SHOWN IN COUNTY SURVEYOR'S TRANSIT BOOK 108, PAGE 49 ON FILE IN THE OFFICE OF THE COUNTY SERVEYOR OF SAID COUNTY ON NOVEMBER 13, 1957; THENCE SOUTH 89° 25' 10" WEST ALONG SAID LINCOLN AVENUE CENTERLINE 676.64 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE DESCRIBED (SAID TRUE POINT OF BEGINNING ALSO BEING , DISTANT THEREON NORTH 89° 25' 10" EAST, 1981.09 FEET FROM THE CENTERLINE OF DALE STREET AS SHOWN IN SAID TRANSIT BOOK 108 PAGE 49 ON NOBEMBER 13,1957) ;THENCE FROM SAID TRUE POINT OF BEGINNING. 'NORTH 13° 25' 10" EAST 51:60 FEET TO THE BEGINNING OF A CURVE TANGENT,. CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 1000.00 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 36° 2T 17" ARC DISTANCE OF 636.25 FEET TO A LINE TANGENT; THENCE NORTH 49° 52' 27" EAST 430.49 FEET TO A POINT IN THE CENTERLINE OF MAGNOLIA AVENUE AS SAID CENTERLINE IS SHW IN COUNTY SURVEYOR'S TRANSIT BOOK 108, PAGE 54 ON FILE IN THE OFFICE OF THE COUNTY SURVEYORS OF SAID COUNTY ON CR1PC2007-0 -1- PC2007- NOVEMBER 14, 1957; SAID POINT BEING DISTANT THEREON NORTH 0° 29' 10" WEST, 853.35 FEET FROM THE CENTERLINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT BOOK 108, PAGE 54 ON NOVEMBER 14, 1957 AND ALSO BEING DISTANT THEREON SOUTH 0° 29' 10" EAST 1803.07 FEET FROM THE CENTERLINE OF CRESCENT AVENUE AND SHOWN IN SAID TRANSIT BOOK 108, PAGE 54 ON NOVEMBER 14, 1957, AS GRANTED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT BY DEED RECORDED OCTOBER 30, 1959 IN BOOK 4952, PAGE 291. OF OFFICIAL RECORDS. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS OVER THE WEST 37.74 FEET OF THE EAST 400.00 FEET OF THE NORTH 50.00 FEET OF THE SOUTH 90.00 FEET OF THE SOUTH 5 ACRES OF THE EAST ONE-HALF OF THE SOUTHEAST ONE QUARTER OF THE SOUTHEAST ON QUARTER OF SECTION 12, TOWNSHIP 4 SOUTH, RANGE 11 WEST IN THE RANCHO LAS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS,. RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 5, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law, under Resolution No. 95R-134 and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the sales of alcoholic beverages for off-premises consumption for a liquor stpre is a conditionally permitted use within the C-G zone as authorized by the Anaheim Municipal Code Section 18.08.030.040.0402, and the intent of the Code is to,provide such sales as a convenience for existing patrons. 2. That California state law requires a Determination of Public Convenience or Necessity when property is located in a police reporting district with a crime rate above the city average; and that Section 23958 of the Business and Professions Code provides that the ABC shall deny an application for a license if issuance of that license would tend to create a law enforcement problem or if issuance would result in, or add to, an undue concentration of licenses, except when an applicant has demonstrated that public convenience or necessity would be served by issuance of a license, 3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department td make recommendations related to the public convenience or necessity determinations; and when the sale alcoholic beverages for off-premises consumption is permitted by the Municipal Code, said recommendations shall take the form of conditions of approval to be imposed on the determination in order to ensure that the sale of alcoholic beverages does not adversely affect any adjoining land use or the growth and development of the surrounding area 4. That the applicant demonstrated that the sales of alcoholic beverages would be fifty-five percent (55%) of the sales at the existing business. 5. That the sales of alcoholic beverages, as proposed and as approved, will not have a negative impact on the surrounding area due to the operational characteristics, and no access to residential developments abutting the subject site. -2- PC2007- 6. That subject property is located in Reporting District No. 1617, which has a crime rate of 100% above the City average and is also located In Census Tract 868.03 which permits 4 off-sale licenses currently there are 5 licenses existing. 7. That there are no schools adjacent to the subject site, however, there is a condominium residential development in the rear and the Valencia Inn with a high transient population located across the street. 8. That there is an over-concentration of ABC licenses in the reporting district, that the availability of alcoholic beverages offers a convenience to the customers shopping at this store, the nearest license is located two blocks away from the subject location and that the conditions of approval will ensure that approval of the proposal would not adversely affect any adjoining land use or the growth and development of the surrounding area. 9. That the Determination of Public Convenience or Necessity can be made based on the finding that the license requested is consistent with the Planning Commission policy for such determinations. 10. That the proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the sale of alcoholic beverages is ancillary to the overall product mix provided by the retail store. Moreover, the operator is responsible for complying with operational conditions to ensure that the sale of alcoholic beverages, as provided and approved will not have a negative impact on the surrounding area; 11. 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 tb the particular area nor to the health and safety as the liquor store would comply with all provisions of the Zoning Code and would not require any waivers for development; and 12. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and 13. 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 sale of alcoholic beverages is ancillary to the overall product mix provided by in the store; and 14. That'*' indicated their presence at said public hearing to opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation... NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit and Public Convenience or Necessity; do the basis of the aforementioned findings. 1. That the applicant submit a letter requesting to terminate Conditional Use Permit No. 3987 and Public Convenience or Necessity No. 98-01 (to retain a convenience market with sales of beer and wine for off- premises consumption with waiver of minimum number of parking spaces) and Variance No. 1737 (to permit a wall sign that exceeds the wall height with waiver of maximum area of sign and waiver of location of post sign) to the Planning Services Division. 2. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of -3- PC2007- alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 3. That there shall be no display of alcoholic beverages shall be located outside of a building or withimfive°- (5) feet of any public entrance to the building. 4. That the total square footage of display of for all alcohol beverages shall not exceed the existing beer and wine display area as shown in exhibits on file with the Planning Department or twenty-five (25) percent of the total display area, whichever is less. 5. That the sale of alcoholic beverages shall be made to customers only when the customer is in the building. 6. That no person under twenty-one (21) years of age shall sell or be permitted to sell any alcohol. 7. That beer and malt beverages shall not be sold in packages containing less than a four (4) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 8. That no wine shall be sold in bottles or containers smaller than 750 ml. 9. That no person between eighteen (18) and twenty-one (21) years of age shall sell or be permitted to sell any alcoholic beverage up to 10 p.m. unless a supervisor twenty-one (21) years or older approves the transaction. 10. That the applicant shall institute ah employee training program .and continually train employees as appropriate to ensure responsible sales of alcoholic beverages to the public and to prevent illegal sales to minors. Said program shall be subject to review and approval by the Anaheim Police Department. 11. That the possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. 12. That the parking lot of the premises shall'be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 13. That there shall be nd amusement machines, video game devices, or pool tables maintained upon the premises at any time. 14. That there shall be no public telephones oh the property that are located outside the building and within the control of the applicant. 15. That the gross sales of alcoholic beverages shall not exceed fifty-five (55) percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 16. That if there is any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of discovery. 17. That the applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control., as depicted. 18. That the hours of operation shall be limited to 8:00 a.m. to 11 p.m., seven days a week. 19. That there shall be no public telephones do the premises located outside the building. _q_ PC2007- 20. That all trash generated from the liquor store shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling .and timely removal of refuse from the property,....... The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid by the business owner. 21. That there shall be no outdoor storage permitted on the premises. 22. That approval of this application constitutes approval of the proposed request only to the extent that is 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 March 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim :Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 5, 2007, 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 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2007- f~pH Elpl lf'. O~ ';O'. P. ~ L _= OL \Rry^". N6FU . 1 City of Anaheim Attachment -Item No. 5 P®I.,ICE I)EPAI~'Tl!/IE1~1T Special Operations Division To: Jessica Nixon Planning Department From: A/Sergeant Jon Kirkpatrick Vice Detail CC: Date: February 14, 2007 RE: CUP 2006-05181 Ninety Eight Cent Discount Store 2631 W. Lincoln Anaheim, CA 92801 The Police Department has received an LD.C. Route Sheet for CUP 2006-05181. The applicant is requesting to permit off-site full liquor sales at an existing convenience store. The location is within Reporting District 1617, which has a Crime Rate ' of 100 percent above average. It is also within Census Tract Number 868.03 which has a population of 6,114. This population allows for 4 off sale Alcoholic Beverage Control licenses and there are presently 5 licenses in the tract. It also allows for 8 on sale licenses and there are presently 5 licenses in the tract. The census tract boundaries are: North Crescent South Lincoln East Gilbert West Beach Off sale licenses in the immediate vicinity of the applicant: 540-42 N Magnolia (Type 21) 2745 W. Lincoln (Type 21) 2811 W. Lincoln (Type 21) 2701 W. Lincoln {Type 21) On sale licenses in the vicinity of the applicant 2415 W. Lincoln Ste H 2871 W. Lincoln Anaheim Police Depi. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 Memorandum Jessica Nixon Ninety Eight Cent Discount Store 2895 W. Lincoln 2893 W. Lincoln 2415 W. Lincoln C & D The census tracts surrounding this location are as follows: North - 868.02 On Sale allowed 6/active 0 population 5,359 Off Sale allowed 4/active 1 North - 868.01 On Sale alldwed 4/active 6 South - 870.02 On Sale allowed 8lactive 4 South - 869.03 On Sale allowed 7/active 5 South - 870.01 On Sale allowed 6/active 3 West- 1104.02 On Sale allowed 6/active 10 East - 871.01 On Sale allowed 5/active 14 Additional Census Tract information: North West -Buena Park North East - 868.02 On Sale allowed 6/active 0 South West - 869.02 On Sale allowed 6/active 4 population 3,114 Off Sale allowed 2/active 6 population 6,714 Off Sale allowed 4/active 4 population 6,014 Off Sale allowed 4/active 4 population 5,403 Off Sale allowed 4/active 0 population 5,299 Off Sale allowed 4/active 3 population 4,087 Off Sale .allowed 3/active 3 population 5,359 Off Sale allowed 4/active 1 population 4,921 Off Sale allowed 3/active 4 South East - 871.01 On Sale allowed 5/active 14 population 4,087 Off Sale allowed 3/active 3 The Police Department has responded to this location 1 times in the last year. The call was for a missing juvenile. There was 1 report taken. The report was for same. Page 2 Memorandum Jessica Nixon Ninety Eight Cent Discount Store The Reporting District north of the location is 1517; it has a crime rate of 42 percent below average. The Reporting District east is 1618; it has a crime rate of 18 percent above average. West is 1616; with a rate of 13 percent above average, and south of the location is 1717; with a crime rate of 131 percent above average. The Police Department opposes the upgrade in License Type. This convenience store is in a high crime and over concentrated area. There are 4 other Off Sale Licenses in the Census Tract and they are all full alcohol. We do not believe there is a need or necessity for another in this tract. This location is also directly across from the Valencia Inn which hosts a high transient population. We feel this would negatively impact the surrounding area and the health and safety of the neighborhood. If this CUP is approved the Police Department requests that the following conditions apply: 1) There shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs which are clearly visible to the exterior shall constitute a violation of this condition. 2) No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building.. 3) The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. 4) Sale of alcoholic beverages shall be made to customers only when the customer is in the building. 5) No person under twenty-one (21) years of age shall sell or be permitted to sell any alcohol. 6) That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and that wine coolers shall not be sold in packages containing less than a four (4) pack. 7) The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. Page 3 Memorandum Jessica Nixon -- Ninety Eight Cent Discount Store 8) The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Additionally, the position of such lighting shall not disturb the normal privacy and use of any neighboring residences. 9) There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. 10) There shall be no public telephones on the property that are located outside the building and within the control of the applicant. 11) The gross sales of alcoholic beverages shall no4 exceed 35 percent of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the separate amounts of sales of alcoholic beverages and other items. These records shall be made available for inspection by any City of Anaheim official when requested. 12) Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within 24 hours of being applied. 13) The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which they have control, as depicted,. 14) The hours of operation are to remain the same, 10pm Monday thru Saturday and Sunday until 9pm. Please contact me at extension 1455 if you require further information in regards to this matter. f:\homelmmirvvin\2006-05181 2631 W. 4lncoln.doc Page 4 Attachment -Item No. 5 APPLICANT'S STATEMENT OF JUSTIFICATION FOR PUBLIC CONVENIENCE OR NECESSITY The City Council has established procedures for the determination of Public Convenience or Necessity and has delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be served by permitting an additional alcohol establishment within an area containing an over concentration of licenses and/or high crime rate, please answer the following questions. 1. What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary purpose of the business? Please explain. 2. Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide alcohol service? If so, how would the public convenience or necessity be served by permitting an additional license within a census tragt? `-~cJ..~ ~¢~-~ der ~--'~ t, ~ht--a-6 C~-r-~'t c~cc~~ c~.-~`~~~. 3. Is there a residential neighborhood or school adjacent to the property for which you are requesting a public convenience dr necessity determination? If so, please explain how permitting an additional license would not disprop}~rtionately Impact an adjacent residential neighborhood or school. 4. What percentage of your business do you anticipate will be alcohol sales? 5. Does your business cater to a specific need or specialty which is not curently available in the area? Please explain. ~ t, { t ~ t`nc.~.. ~~'3--g-rt ~ ci-rn rtL-E /~~- Cnf1E.~ \~)~@_ 'R'naat-1 ~L--IlF -~v . ti•Y , -a wcln -~.~. r-~c.a - c v~y.A. .. t~-4 r ~.~-s- , r~~=n ~ t2-~ cry rY,~~ 1~ - ~ i i jtL~ ~ s '~ ° ~~, 6. Are you proposing any specfic operational measured to eliminate or limit any potential negative consequences from the sale of alcoholic beverages? Please explain. ~ ,. 7~ y'n . 'A ~ _._xl'a ~ 7. What type of license are you requesting from ABC? Is it an existing license? ~. \r _. ~~S'- ti .~C-^'~-'""~---~~r • u, c~^-' -• c~ t~G`.^C_ cl-~ - C ~ ti _Y'-'-~'J - 5 Applicnticn liirr dcierminelion of PCN.doc Tcvised 7~1 ?r05 Item No. 6 Variance No. 2007-04717 Requested By: MARIO MUNOZ 115 South Leola Way Subject Property Date: March 5, 2007 Scale: 1" = 200' O.S. No. 168 tozza 1 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Variance No. 2007-04717 Requested By: MARIA MUNOZ 115 South Leola Way Subject Property Date: March 5, 2007 Scale: i" = 200' D.S. No. 168 10224 ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONEt ®aro atAertai Phoro: Staff Report to the Planning Commission March 5, 2007 Item No. 6 ENVIRONMENTAL IMPACT ANALYSIS: (5) Staff has determined that the proposed project is categorically exempt from the requirement to prepare further environmental documentation: EVALUATION (8) The applicant proposes to retain an existing block wal(in the front setback that is higher ttian code permits. Code permits a maximum height of 3 feet and 6 feet is proposed. As justification for the requested Code: waiver, the: applicant indicates that special circumstances apply to the property that do not apply to other properties in the: area because the wail is located at the end of a cul-de-sac with no through traffic. The wall is used to enclose the rear yard and only a small portion is within. the front setback. The applicant explains that a hardship would exist in this case since other neighbprs have fences of or near the: same height as the fence in question. (7) The block wall was built without City approval and the Community Preservation Division issued a courtesy notice to abate the violation in response to a complaint '~, j V ~1 ~: ~ r ~ ~^ p ~ r . ~Y a ~,+ 3~ F ~ C T ~~ ',~ }r~4'~~c's ^~~ ~~ 5 S^ ` \ d a ~ ~~~~ ~ ~ k 115 S. Leola Way ~ ~ ~~'` %~ ~~ ` ~ ; ' ~~r ~~ ~ a ~r {.~ :~ rye. "i~~" ~9^ r r= 7 a, CI -.;. (Subject Property} ~ ~ ~t~ t e ~ ',~, ~„ ~. ~ ~ 180 S. Lakeview Ave .~.~ S~ ~ vyr,,,~„ a,~' .~,.~ ~' ~~ z ~J~~~'~°`e~2f s r ~~ 1n" ~' ~ J ~i :: x ~' ~ r -.=`a„ ~ Fri .'' ~ $ K V rer~w~ ~-rg"~ ~ ~f ~ { r ~r~~ ~'v ~~"~^'~` ~ ~ r 1`~`~' ..-'r~.,3',~ 4 ~ ~ {xL~~~'~ '"may.. 3? r;.., ~r~ e 5 ., < . : ~`"„s~' '~n A~S~r ~ ~ ~ ~`~-" ~ ~ ~r~.r ~sr' .191 Stark ht Dr T~ 3~ zN $ a ~. , ~ ~ ~ r,C~~° 9 rte` ^}' ~ wss~` ~ S`+` ~v '~ ~f? ~P~"4s y ~ S~ ,;~'b ,~ ="i° r.,~i r' xt`~'~ .`~ ~tt. ,-l' t r .-i^ ' ~.e. ~.; ~ rt w-~ " -s,, ~"' ti~c~"i ~h G r z r errs ~~ ^~ 3" ~ ~ ~~~~~ ~ ~yyr~x t 180 $. Belleza Ln ~~~~'~' ~, ~ : .~~~'~'~, ~~ ="' ~„~" ~'~ '' ~ ~~ ~ ,s% ~ ~'~' z~ ~'t~3«~`~ ~'~t -~~ 's v 5 .u Fr ¢~ rr"~„z" t.`~.i , -.~ ..~ e 4 ~£. ~S"P- `~ car ' ' i~.~z,"~ v~)''.{in t. r~,A rvv"'1 s.?7~rsx,1,~ ~N'~r~~: ~n~.l ~'.s'ms"r.~/-'.,.~_' ~, ~,~, Other neighboring properties with the same waiver (8) Zoning records indicate that three other variances have been granted for front yard fence height. waivers within a 2,000 foot radius. Variance' No. 2004-04598 for 180 South Lakeview Avenue was approved by the Zoning Administrator on March 4, 2004. ! VarianceNo. 4386 for 180 S. Belleza Lane was approved by the Zoning Administrator on December 30,:1999 and Variance No. 3041 for. 191' Starlight Drive was approved by the City Council on September 19, 1978: Altfiough there have been other variances approved in the vicinity, there are not special circumstances applicable to the property such as size, shape, topography, location or surroundings; which`do notapply to other identically zoned properties in the vicihity,' Excluding the private street, the subject property is at least 14,000 square feet larger than the other properties identified above: The property is less constrained than the other sites and appears to have a greater ability to comply with the code VAR2007-04717jkn Page 2 l Staff Report to the Planning Commission March 5. 2007 Item No. 6 requirements: Although the wall is well maintained, the property has adequate lot area and depth to provide the required setback as depicted in the aerial photograph. Therefore, staff recommends denial of this request: FINDINGS: (9) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance or code waiver is to prevent discrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any variance or code waiver is granted by the Planning Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surcoundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strictapplication of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity: RECOMMENDATION: (10) Staff Yecommends that the Planning Commission take the following actions as indicated in the attached resojutions including the findings and conditions contained therein: (a) By motion., approve a CEQA Categorical Exemption -Class 1 (Existing Facilities). (b) lay resolution, denyVariance No. 2007-04717.. VAR2007-04717jkn Page 3 DRAFT RESOLUTION NO. PC2007--'** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION. THAT PETITION FOR VARIANCE NO. 2007-04717 BE DENIED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP THEREOF RECORDED IN BOOK 91 PAGE 48 OF PARCEL MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 5, 2007, 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 variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposes waivers of the following to permit and retain an existing fence and gate within the required front yard setback of an existing single family residence: SECTION NO. 18.46.110.030 Maximum fence height (3 feet high permitted within the required front yard setback; 6 feet proposed).. 2. That there are no special circumstances pertaining to the size, shape, location or surroundings of the property which do not apply to other identically-zoned properties in the vicinity to justify the requested front yard fence height. The property has adequate lot area and depth to provide the required setback and the lot is .rectangularly-shaped. 3. That the requested variance is not necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 4. That although variances have been granted for other properties in the area, this property is does not have the same limiting factors. Excluding the private street, the subject property is at least 14,000 square feet larger than the other properties in the area that have been granted this waiver. This lot is less constrained than the other sites and appears to have a greater ability to comply with the code requirements. The property has adequate lot area and depth to provide the required setback. 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: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. C R\PC2007-0 -1- PC2007- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Variance on the basis of the aforementioned findings.. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify. that the foregoing resolution was .passed and adopted at a meeting of the Anaheim Planning Commission held on March 5, 2007 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 2002 SENIOR SECRETARY, ANAHEIM .PLANNING COMMISSION -2- PC2007- SECTION 4 PETITIONER'S STATEMENT OF Attachment - Itertl No. 6 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: ~ g ~7 // C7 fl .~ ~ (A separate statement is required for each Code waiver) PERTAINING TO: ~/.~ Sn.rrti L~n~ ~O-f ~ti4 rd~t..n~ ~'® , Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, locaticn 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 arsive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? Yes _ No. If your answer is "Ye ," describe the special circumstances: ~~ A ; s~.cr4 rn ~ ttT 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? _ Yes ~No if your answer is "yes," describe how the property is different: Do the special circmnstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _No If your answer if "yes," describe the special circumstances: `jam A'7T.~C~H K9 ~~ 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? - Yes g No EXPLAIN: The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is n therwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted. Signa re of P .Owner or Authorized Agent Date 37626t-ECEMBER 12, 2000 CONDITIONAL USE PERM[TNARIANCE NO. vat ~oo~ ~ 0 4 7 z ~ SECTION 4 JUSTIFICATION FOR VARIANCE' QUESTION I My property is located on an estate size lot in the Peralta Hills neighborhood. Many of the properties in this azea have similar block wall fences that greatly improve the aesthetic value of their home. I placed my wall in a location on my property that best conforms with the curvature of the street (cul-de-sac), my adjoining neighbors wall, and the azchitectural flow of my house.. As the photos provided show, the wall was placed in the most natural place to put a wall for the purpose of enclosing,my backyard. QUESTION 3 As stated eazlier my house is located in an azea of customized homes. Consequently, the owners isthis area are diligent about having. all aspects of their property aesthetically conform.- It should be no#ed thatthe majority of my wall does in fact comply with the 20 foot setback requirement. However, " 'there is a small portion at the end of the wall tha4 does not and Lam thus requesting a waiver of the setback requirements for this portion of the wall. This Variance will allow my wall to have conformity and the aesthetic appeal that is maintained by the other houses in this neighborhood. f i VRR X007 ~ 0 4 717 ITEM 17 LETTER OF REQUEST My house is built on an Estate size lot in the Peralta Hills neighborhood. I am requesting a waiver of the 20 foot setback requirement for a portion of a block wall built on my property to enclose my baclcyazd. VAS ~: ~f)p7 - 0 4.717 Item No. 7 j~ON ~Q~GO ~P O Cpe!`~N ,~ a del R5~1 ~N O ~C 1~ J~ EUCALYP~~° ~~,\ ry~A~'a ~' F~~;~9p~ ~ ~/ Q-G P~R~OJ ~~ ~ d~.. ryh~'y0~ `~` PJ~ ~~;L ^aJ ,~\~. ^~J ~ ~ ~~ ~Sry~ i ~~ ~ / .lP~ ~ i~~\ ~~ JGP`y Jryrygs \ C~A\~( G~9 m1 RH-2 ~ jpF~' ~~ Cis \ °-y°~ RCL 81-82-07 • / 1 CU EACH \ ~,p~( ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Variance No. 2007-04718 Tentative Parcel Map No, 2006-163 Specimen Tree Removal No. 2007-00001 Requested By: D & D AUTRY DEVELOPMENT, LLC 7730 East Autry Drive tozz~ OS ~.: '°, . '_ " Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 201 T CUP 2156 VACANT O~ ~~ t? 'y2 02 ~O ~Q ~: LUUS Variance No. 2007-04718 Tentative Parcel Map No. 2006-163 Specimen Tree Removal No. 2007-00001 Requested By: D & D AUTRY DEVELOPMENT, LLC 7730 East Autry prive Subject Property Date: March 5, 2007 Scale: 1" = 200' Q.S. No. 201 rozz~ Staff Report to the Planning Commission March 5, 2007 Item No. 7 7a. CEQA NEGATIVE DECLARATION (Motion) 7b. VARIANCE NO. 2007-04718 (Resolution). 7c. TENTATIVE PARCEL MAP N0.2006-163 {Motion) ; 7d. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00001 (Motion) SITE LOCATION AND DESCRIPTION: (1) This property is identified' as 7730 East Autry Drive. REQUEST: (2) The applicant requests approval of the following applications: Variance No: 2007-04718 tp reduce the minimum lot depth to construct four (4) single :.:.family detached homes: (a) SECTION NO: 18.04.060.010 Minimum lot depth adjacent to a Scenic Expressway (Santa Ana Cannon Road) 150 feet required; 83 feet proposed) Tentative Parcel Map No: 2006 16-To establish a 4-lot, 4-unit detached single-family residential subdivision. Specimen Tree Removal Permit No: 2007-00001 -To remove ten (10)'specimen trees:: .BACKGROUND: (3) This property is 8evelopedwith asingle-family residence and is within the Single-Family; Hillside Residential;'Scenic CorridofOverlayzone (RH-2 (SC)). The property is designated for Estatebensity Residential land uses in the General Plan. The surrounding properties to ttie north, west and southare designated for Estate Density Residential land uses and the properties to the east are designated for Open Space land uses. ~..,t q. N~ itl` Existing residence onsite to be demolished Page 1 Staff Report to the Planning Commission March 5, 2007 Item No. 7 (4) There are no prior zoning actions pertaining to this property. DEVELOPMENT PROPOSAL: (5) The applicant proposes to subdivide this property into four (4) parcels in order to construct four new single-family residences. The proposal includes a waiver of minimum lot depth adjacent to a Scenic Expressway for the lot abutting Santa Ana Canyon Road. Code requires a minimum lot depth of 150 feet for parcels abutting Scenic Expressways, and Lot 1 is proposed with a lot depth of 83 feet: (6) The site plan and parcel map indicate the four (4) single-family homes would have the following lot sizes and setbacks in cdmpliance with code requirements: (7) Vehicular access for the proposed homes would consist of a new private street accessed `from Autry Drive with driveways leading to each individual residence. Parking isprovided on each lotas indicated below in cdmpliance with code requirements. Lot Lot Size Proposed/ Required Front Setback Proposed) Required Side Setback Proposed) `Required `; Reat Setback Proposed/Required 1 25,691122,000 50/25 36115 and 15/15 43/25 2 34,907/22,000 45125 40/15 and 15/15:. 25/25. 3 35,299122,000 75/25 35115 and 45/15 25/25 4 22,256/22;000 35125 85/15end 19/15 ' 60125 Lot Bedrooms Parkin Re wired Parkin Provided 1 1-sto 4 2 ara e, 2 0 en 3 ara e; Z o en '2 2-sto 6 2 ara e; 2 d eh 4' ara e; 2 b en r 3 2-sto 6 2 era e, 2b en 4 ara e g o en 4 2-sto 6 2 ara e; 2 0 en 4 ara e; 2 0 en (8) Due to the steep topography of the: project site, retaining walls arebeing proposed. All of the walls are consistenfwiththe Coder The retaining walls for Lott adjacent to the Horse Trail along Santa Ana Canyon Road would be stepped so that 2 sets of 3 foot high retaining walls would be visible to Santa Ana Canyon Roads The remainder of the retaining walls would not be visible from public view with maximum heights of 6 tb 7 feet. The landscape plan (Exhibit No3) indicates that the'retaining walls will be screened with trees;'shrubs and vines.. (9) Floor plans (Exhibit Nos:4, 6, 7, 10; 11, 14 and 15) indicate each home will include a kitchen, living room;'dining room family room, library and bonus room. (10) Elevation and roof plans (Exhibit Nos. 5, 6, 9 12, 13, 16 and 17) indicate one and two story custom homes with' aches, tower elements; and balconies. Plans ihdicate a maximum height of 25 feet with non-habitable architectural embellishments such as towers and. chimneys up to 28 feeta Code permits two-story residences in the Scenic Corridor Overlay Zone with a maximum neigfit of 25 feet anda maximum heighffo~ architectural embellishments of 30 feet. The proposed elevations comply witty code. Page 2 l Staff Report to the Planning Commission March 5, 2007 Item No. 7 of this requirement.: (Variance No 4394 to establish a 7-lot single family subdivision for property located at 104 Canyon Ctest Drive was approved for minimum bt depth adjacent to Santa Ana Canyon on April 24, 2000 by the Planning Commission:) Staff is supportive of.this waiver because the applicant has demonstrated that strict application of the code deprives the property of a right granted to other properties with the same zone in the vicinity. The site is unique in shape and topography Which Limits its ability to complyWitfi this node requirement. ' (15) This proposal includes the removalbf ten (10)specimen trees. Ttte Scenic Corridor Overlay zone defines Oak, Pepper, and Eucalyptus trees as specimen trees. The overlay zone permits the removal of specimen trees when the Planning Commission determines that certain findings can be met. The landscape plans indicate the removal of 10 specimen trees throughout ttie site. The removal of the trees is necessary for grading of the property and the. construction of the proposed residences. The tree replacement plan indicates that forty-eight (48), 24-inch tiox specimen and approved trees are proposed (Code requires forty-four (44) ' trees). Because reasonable and practical developmentof the property requires destruction of the trees and the applicant has'p~ovided four more replacementtrees than required by code, staff recbmmends'approval of the tree removal`permit. (16) Staff believes the proposed projectis compatible with surrounding and uses and the project is designed toprovide adequate setbacks to protect resitlentswithih'and around the project in a manner that complies with the intentof the underlying zone and permitted density under the General Plan: Therefore; staff recommends. approval of this request. FINDINGS: (17) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, tiecause of special circumstances: applicable to it, shall be deprived of privileges: commonly enjoyed byother properties in the same vicinity and zone. The sole purposeof any variance is to prevent discrimination and none shall be approved Which would have the effect of granting a special privilege not shared byother similar properties:. Therefore, before any variance is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the propertysuch assize, shape, topography, location or surroundings; which do not apply toother identically Toned properties in the vicinity; .and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in identical zoning classification in the vicinity.- ' {18) Tfie State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving; or recommending approval of a tract map.; a specific finding that the proposed Subdivision together with its design and improvement inconsistent with the City's General Plan. .Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: T. Thafthe proposed map is not consistent with'applicable General and Specific Plans. 2: Thal the design or improvement of the proposed subdivision is nofconsistent with applicable General and Specific Plans. Page 4 Staff Report to the Planning Commission March 5, 2007 Item No. 7 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 or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems: Z That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision " (19) Zoning Code Section 16.18.040.050 states that as a prerequisite to granting any Specimen Tree Removal Permit, the Planning Commission or City Council may impose conditions and shall make one or more of the following findings: a. That principles of good forest management will best be served by the proposed destruction; b. That a reasonable and. practical development of the property on which the tree is located requires destruction of the tree or trees,. c: That the character of the immediate neighborhood in respect to freescape will not be materially affected by the proposed destruction; d. That the topography of the building site renders destruction reasonably necessary; or e. That regard for the safety of .persons or property requires the destruction: RECOMMENDATION:. (20) Staff recommends that the Planning Commission take the following actions as indicated in the attached resolutions including the findings and conditions contained therein: (a) By motion; approve a Negative Declaration for the project: (ti) By resolution, aoprbve Variance No. 2007-04716. (c) By motion, approve Tentative Parcel Map No. 2006-163. (d) By motion, approve Specimen Tree Removal Permit No. 2007-00001. Page 5 [DRAFT] RESOLUTION NO. PC2007--"* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2007-04718 BE GRANTED WHEREAS, the Anaheim'Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as PARCEL I: LOTS 18 AND 19 OF TRACT NO. 117, AMENDED MAP OF VISTA DEL RIO RANCHO IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS'MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THE NORTHWESTERLY 73.00 FEET THEREOF. ALSO EXCEPTING THEREFROM THAT PORTION LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID LOT 18 WITH THE SOUTHEASTERLY LINE OF PARCEL 1 AS DESCRIBED IN DEED TO THE STATE OP CALIFORNIA RECORDED DECEMBER 19, 1951 IN BOOK 2265, PAGE 498 OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 55° 40' 00" EAST 166.35 FEET TO AN INTERSECTION W ITH THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF THE LAND DESCRIBED IN PARCEL 1 OF THE DEED TO HAROLD J. THOMAS, JR. AND WIFE RECORDED FEBRUARY 25, 1970 IN BOOK 9223 PAGE 544 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID NORTHEASTERLY PROLONGATION SOUTH 46° 31' 30" WEST TO THE NORTHEASTERLY LINE OF THE LAND DESCRIBED IN THAT CERTAIN QUITCLAIM DEED TO HAROLD J. THOMAS JR. AND WIFE RECORDED AUGUST 26. 1976 IN BOOK 11866 PAGE: 781 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID LAST MENTIONED NORTHEASTERLY LINE SOUTH 50° 33' 00" EAST 100.00 FEET TO THE NORTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO ALLEN W. CHARKOW AND WIFE RECORDED OCTOBER 1, 1975 IN BOOK 11526 PAGE 1878 OF SAID OFFICIAL RECORDS; THENCE ALONG THE NORTHWESTERLY AND NORTHEASTERLY LINES OF LAST MENTIONED LAND NORTH 48° 31' 30" EAST TO AN ANGLE POINT AND SOUTH 55° 37' 04" EAST 159.20 FEET TO THE MOST NORTHERLY CORNER OF PARCEL 1 AS DESCRIBED IN DEED TO FORREST W. HEATON AND OTHERS RECORDED APRIL 21, 1967 IN BOOK 8231 PAGE 80 OF SAID OFFICIAL RECORDS, THENCE ALONG THE NORTH EASTERLY LINE OF SAIp LAST MENTIONED LAND SOUTH 39° 13' 14" EAST 156.34 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT 18. PARCEL 2, THAT PORTION OF LOT 18 OF TRACT NO. 117, AMENDED MAP OF VISTA DEL RIO RANCHO, AS SHOWN ON A MAP RECORDED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHWESTERLY LINE OF SAID LOT 18, SAID POINT BEING DISTANT THEREON NORTH 38° 47' 30"WEST 326.16 FEET FROM THE SOUTHERLY CORNER OF SAID LOT 16 THENCE NORTH 46° 31' 30" EAST 30.10 FEET TO A LINE PARALLEL, WITH AND DISTANT NORTHEASTERLY 30.00 FEET, MEASURED AT RIGHT ANGLES, FROM SAID SOUTHWESTERLY LINE; THENCE ALONG SAID PARALLEL LINE, BEING ALSO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED AS PARCEL 1 IN DEED TO HAROLD J. THOMAS RECORDED FEBRUARY 25, 1970 IN BOOK 9223 PAGE 544 OFFICIAL RECORDS OF SAID ORANGE COUNTY, NORTH 50° 33' 00"WEST 100.00 FEET TO THE MOST WESTERLY CORNER OE SAID LAND; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID LAND SOUTH 46° 31' 30"WEST 30.10 FEET TO THE SOUTHWESTERLY LINE OF SAID LOT 18; THENCE ALONG SAID LAST MENTIONED SOUTHWESTERLY LINE SOUTH 50° 33' 00" EAST CR\PC2007-0 -1- PC2007- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 5, 2007, 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 variance and to investigate and make findings and recommendations in connection therewith; and - WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the applicant proposes waiver of the following to establish a 4-lot single family detached residential subdivision: (a) SECTION NO. 18.04.060:010 Minimum lot depth adjacent to a Scenic Exoressway (Santa Ana Canyon Road) 150 feet required; 83 feet proposed) 2. That the above-mentioned waiver is hereby granted because the site is uniquely constrained by its irregular shape and steep topography and these are special circumstances applicable to the property which do not apply to other identically zoned property in the same vicinity, 3. That the request waiver is necessary for the preservation and enjoyment of a substantial property right since there are multiple properties in the vicinity already developed with the benefits requested by this waiver, and strict application of the zoning code would deprive the property of privileges enjoyed by other properties in the same vicinity and zone. 4. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located because the deviation requested is similar to other existing conditions in the community.. 5. That *`*' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning. Commission has reviewed the proposal to establish a 4-lot, 4-unit detached single family subdivision and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim: 1. That roll-up garage doors shall be shown on plans submitted for building permits, Said doors shall be installed and maintained as shown on submitted plans. 2. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits.. 3. That any required relocation of City electrical facilities shall be at the developer's expense. -2- PC2007- 4. That gates shall not be installed across any driveway or private street in a manner which may. adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic....... and Transportation Manager. Said information shall be specifically shown on plans submitted for building permits. 5. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval of wall and fence locations to determine conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 6. That prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. 7. That prior to issuance of a building permit an all-weather access road as approved by the Fire Department shall be shown on plans submitted for building permits and said road shall be provided during construction. 8. That prior to issuance of a building permit it shall be shown that fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. 9. That prior to issuance of a building permit it shall be shown that emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. 10. That prior to issuance of a building permit plans shall indicate that any proposed lockable pedestrian andlor vehicular access gates shall be equipped with Knox devices as required and approved by the Fire Department. 11. That prior to the issuance of any building permits, the project shall be shown to comply with the Anaheim Fire Department's "Specifications and Requirements for Fuel Modification Plans and Maintenance". 12. That prior to issuance of the first building permit, 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. 13. That prior to issuance of the first building permit, a grading plan conformed to requirements of Chapter 17.06 of the Anaheim Municipal Code shall be reviewed and approved by the City Engineer, a Grading Permit issued by the City Engineer and a pad certification submitted by the Registered Civil Engineer along with a Soils compaction report prepared by a Registered Soils Engineer to be approved by the City Engineer. 14. That prior to issuance of the first building permit, the sewer improvement plans shall be submitted for review and approval by the City Engineer. The sewer construction shall be completed prior to issuance of occupancy permit of the first home. 15. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: Addresses Site Design Best Management Practices (BMP's) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. Incorporates the applicable Routine Source Control BMP's as defined in the Drainage Area Management Plan. 16. That prior to issuance of certificate of occupancy, the applicant shall 3- PC2007- • Demonstrate that all structural BMP's described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement al( non-structural BMP's described.. in the Project WQMP. • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMP's. 17. That Autry Way shall be improved per City Standard Detail No. 1fi3 {Private Drive). The improvement plan shall be submitted to the City for review and approval prior to Issuance of building permit. 18. That the on-site private street shall be improved per City Standard Detail No. 163 and the hammerhead per Standard Detail No. 165. The design shall be clearly shown on the grading plan: 19. That the hiking and riding trail shall be improved per City Standard Detail No: 643. 20. That the driveways, sewer system and storm drain system shall be private and privately maintained. 21. That all tiackflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Crass Connection Control Inspector before submittal for building permits. 22. That in order to comply with the Migratory Bird Treat Act Migratory bird impacts shall be avoided, by scheduling construction, including tree removal, demolition, and grading outside of the breeding season, which extends from February 15'h to August 31. Said information shall be specifically shown on grading plans. 23. That prior to final building and zoning inspections, the property owner is responsible for repairing any damage on Eucalyptus Drive and Autry Way that results from grading and construction activities in connection with development on this property, and should coordinate with the neighbors regarding such repairs. 24. 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 17 and as conditioned herein. 25. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos.1, 2, 3, 5, 7, 8, 9, 10, 11, 12, 13, 14, and 21 , above-mentioned, shall be complied with. Extensions for further time to complete said conditions maybe granted in accordance with Section 18:03.090 of the Anaheim Municipal. 26. That prior to issuance of a grading permit, Condition Nos.1 S, 18, 19 and 22, above-mentioned, shall be complied with. 27. That prior to final building and zoning inspections, Condition Nos. 23 and 24 above-mentioned, shall be complied with. 28. 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. _q_ PC2007- 29. 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, 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 March 5, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18:60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on March 5, 2007, 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 _, 2007. SENIOR SECRETARY.. ANAHEIM PLANNING COMMISSION -5- PC2007- City of Anaheim 1~LANNING ®EI'A[2TIV[EN'I' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 5, 2007. 7a. CEQA NEGATIVE DECLARATION 7b. VARIANCE NO. 2007-04718 7c. TENTATIVE PARCEL MAP NO. 2006-163 7d. SPECIMEN TREE REMOVAL N0.2007-00001 Owner: D&D Autry, LLC, 17772 Irvine Boulevard. #102, Tustin, CA 9287p Agent: Rudy fmami, 6435 Shady Valley, Anaheim, CA 92807 Location: 7730 East Autrv Drive ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX that the Anaheim Planning Commission reviewed the proposal to establish a 4-lot, 4-unit detached single-family residential subdivision .and does hereby approve the Negative Declaration. Commissioner XXX offered a motion, seconded by Commissioner XXX, that the Anaheim Planning Commission does hereby determine that based on the findings that (i) the proposed subdivisicn is in compliance with the General Plan including the density permitted for the property; (ii) the site is physically suited for the type and density of development proposed; (iii) the design of the subdivision minimizes impacts to the environment and (iv) that the design of the subdivision will not conflict with easements through the property; and does therefore approve Tentative Parcel Map No. 2006-163, to establish a 4-lot, 4-unit detached .single-family residential subdivision subject to the following conditions: 1. That the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 2. That prior to final map approval, the access drives, sanitary sewer and storm drain within the development shall be privately maintained. Improvement plans for the sanitary sewer, and private drainage system shall be submitted to the Public Works Department, Development Services Division concurrently with the final map. 3 That prior to final .map approval, the legal owner shall irrevocably offered for dedication to the City an easement for public utility, emergency vehicle access and other public purposes including ingress & egress rights over the private street. 4. That prior to final map approval, the vehicle access rights to Santa Ana Canyon Road shall be released and relinquished to the City of Anaheim. 5. That prior to grading plan approval, an agreement for accepting drainage between parcels within the boundary of the parcel map and from adjacent properties shall be reviewed and approved by the City Engineer prior to recordation. 280 6oufh Anaheim Boulevard P.O. Bax 3222 Anaheim, California 92883 www.anaheim.net TEL (714) 765-5139 6. That approval of Parcel Map No. 2006-163 is conditioned upon and will take effect upon the effective date of the resolution approving Variance No. 2007-04718, now pending: ". 7. That prior to final map approval, a reciprocal driveway access and maintenance-agreement for the shared driveway (Parcels 3 & 4) shall be executed and recorded. 8. That prior to final map approval, an agreement for private sewer easement shall be reviewed and approved by the City Engineer prior to recordation shall be recorded. 9. That prior to approval of the final map, a maintenance covenant, shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities, including compliance with approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map. 10. That prior to final map approval, all :parcels shall be assigned street addresses by the Building Division. 11. That prior to final map approval, the sewer assessment fees for Eucalyptus Drive District shall be paid. 12. That prior to final map approval, the drainage assessment fees for Monte Vista District shall be paid. 13. 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. City of Anaheim hLAIVNING 1~EPA[~TivIiJ~I'I' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of March 5, 2002 7a. CEQA NEGATIVE DECLARATION 7b. VARIANCE NO. 2007-04718 7c. TENTATIVE PARCEL MAP NO. 2006-163 7d. SPECIMEN TREE REMOVAL NO. 2007-00001: Owner: D&D Autry, LLC, 17772 Irvine Boulevard. #102, Tustin., CA 92870 Agent: Rudy Emami, 6435 Shady Valley, Anaheim, CA 92807 Location: 7730 East Autrv Drive wwvaanaheim.net ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX, that the Anaheim Planning Commission has reviewed the proposal to remove up to 10 specimen trees and does hereby approve the Negative Declaration. Commissioner XXX offered a motion, seconded by Commissioner XXX that the Anaheim Planning Commission does hereby approve Specimen Tree Removal Permit No. 2007- 00001 to remove up to 10 specimen trees (1 Pepper tree, 8 Eucalyptus trees and 1 oak tree) and further finds that reasonable and practical development of the property on which the trees are located require removal of the trees to create a building pad to accommodate the proposed subdivision and that the specimen trees removed shall be replaced with trees on the same parcel from the specified :list in the Scenic Corridor Overlay Zone subject to the following conditions of approval: 1. That prior to final inspections, the ten (10) specimen trees authorized for removal shall be replaced on-site by a minimum of (48), 24-inch box size trees which shall be properly maintained. Any replacement tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased, and/or dead. 2. That prior to final inspections, the subject property shall be development 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 No. 3. 3. That the trees approved for removal shall remain until a grading permit is issued for construction. 4. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 20D South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714)765-5139 5. 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 structure. SECTION 4 Attachment -Item No. 7 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) RF.QLIF.ST FOR WAIVER OF CODF. SECTION: M ~ _ MJ~ ~, ~ (A separate statement is required for each Code waiver) PERTAINING TO: ~ ~ f~~1-yt Sections 13.03.0}0.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and es completely as possible. [f you need .additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundinrs7 /Yes No. 2. 3. If your answer is "Yes," describe the ToPohroPk./u.n~.l 14W1.~ Are the special circumstances that apply to the property different from other properties in the vicinity which arc in the same zone as your property? /Yes _ No If your answer is "yes," descr'd,e how the property is different: 1~ar c,r/Is Do the special circumstances applicable to the property deprive i[ of privileges wrrcntiy enjoyed by neighboring properties located within dte same zone? _Yes ~No Ifynur answer if "yes;' descrbe the special circumstances: 4. Were the spa 'al circ mstances created by causes beyond the control of the property owner (or previous property owners)? Yes ~.No EXPLAIN: The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be .approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwis expressly authorized by zone regulations governing subject property. Use variances are not permitted. /~ I Oy o'7 Signafur 'Property Owner or Authorized Agent Date 3762i1DEC6MBER I2, 2000 CONDITIONAL USE PERMITNARIANCE NO. ~~