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PC 2007/06/25a i an i i~si n a ®nc9ay, June 25, 2007 Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California ® Chairman: Gail Eastman ® Chairman Pro-Tempore: Kelly Buffo ® Commissioners: Stephen Faessel, Cecilia Flores Joseph Karaki, Panky Romero, Pat Velasquez ® Call To Order ® Preliminary Plan Review 1:00 P.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the June 25, 2007 agenda For record keeping purposes, if you wish fo make a statement regarding any item on the agenda. ,please complete a speaker card in advance and submit it to the secrefarv. ® 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: planningcommissionCo~anaheim.net H:ldocs\clerical\agendas\(062507).doc (06l25I07) 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. Resorts and Recommendations Minutes 1 A. Receiving and approving the Minutes from the Planning Commission Meeting of June 11, 2007. {Motion) H:\docslclericallagendas\(062507).doc (06/25/07) Page 2 Public Hearing Items• 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. RESOLUTION OF UNCERTAINTIES 2d. CONDITIONAL USE PERMIT NO. 2007-05209 Owner: Brandon Rainone Outer Spring Volcano LP 3364 East La Palma Avenue Anaheim, CA 92806-2814 Agent: Brandon Rainone 3364 East La Palma Avenue Anaheim, CA 92806 Location: 3364 East La Palma Avenue: Property is approximately 2.7 acres, having a frontage of 252 feet on the north side of the Riverside (SR-91) Freeway, a maximum depth of 524 feet, and is accessed via a 652 foot long, 32 foot wide ingress/egress easement on the south side of La Palma Avenue, 1,240 feet east of the centerline of Shepard Street. Request to remodel of an existing bowling facility including an expansion for a management office and permit telecommunications towers with waivers of (a) minimum number of parking spaces, (b) maximum letter height. (c) maximum floor area ratio., (d) required landscaping adjacent to a freeway, and (e) maximum size and quantity of freeway oriented wall signs. Continued from the May 30, 2007 Planning Commission meeting: Conditional Use Permit Resolution No. H:ldocslcl ericallagen dos\(062507 ). d oc Request for continuance to July 23, 2007. Project Planner: (ethienQanaheim.vet) (06/25/07) Page 3 3a. CEQA NEGATIVE DECLARATION 3b. GENERAL PLAN AMENDMENT NO. 2007-00460 3c. RECLASSIFICATION NO. 2006-00190 3d. WAIVER OF CODE REQUIREMENT 3e. CONDITIONAL USE PERMIT NO. 2006.05175 3f. TENTATIVE TRACT MAP NO. 17139 Owner: Natalie Tran 3100 Lindacita Anaheim, CA 92804-1715 Quyen Tran 237 South Beach Anaheim, CA 92804-1815 Agent: Mertco Attn: Roy Ward 2614 Ocean Blvd. Corona Del Mar, CA 92625 location: 237 South Beach Boulevard and 3100 West Lindacita Lane: Portion A: Property is approximately 0.27-acres, having a frontage of 47 feet on the southeast side of Lindacita Lane and a maximum depth of 142 feet (3100 W. Lindacita Ln). Portion B: Property is approximately 1.68 acres, is a land- locked parcel and is located north across a flood control channel from 3067 and 3079 West Orange Avenue and is located 175 feet south of the centerline of Grand Avenue (237 S. Beach Blvd). General Plan Amendment No. 2007-00460 -Request to redesignate Portion A from the Low Density Residential designation to the Low- Medium Density designation. Reclassification No. 2006-00190 -Request reclassification of Portion A from the RS-2 (Residential, Single-Family) zone to the RS-4 (Residential, Single-Family) zone, or a less intense zone, and Portion B from the T (Transition) zone to the RS-4 (Residential, Single-Family) zone, or a less intense zone and to remove the Mobile Home Park Overlay zone. Conditional Use Permit No. 2006-05175 -Request to construct an 11- unit detached single-family residential subdivision with waiver of improvement of private street for Portions A and B. Tentative Tract Map No. 17139 - To establish a 12 numbered and 1 lettered lot, 11-unit detached single-family residential subdivision for Portions A and B. Continued from the June 11, 2007 Planning Commission Meeting. General Plan Amendment Resolution No. Reclassification Resolution No. Conditional Use Permit Resolution No. H:ldocslcl erica)\ag en d as\(062507 ). d oc Request for continuance to July 9, 2007. Project Planner. (kwong2Qanaheim.nel) (06/25/07) Page 4 4a. 4b. 4c. 4d. 4e. 4f. 4g. Owner: Drew Singer AMB Property Corporation Peir 1 bay 1 San Francisco, CA 94111 Agent: New Urban West, INC. 1733 Ocean Ave, Suite 350 Santa Monica, CA 90401 Location: 1969 South State College Boulevard: This property is a 17.5-acre site at the southwest corner of Gene Autry Way and State College Boulevard within the Gene Autry District of The Platinum Triangle in the City of Anaheim. The site has a frontage of approximately 1,210 feet on the south side of Gene Autry Way and 600 feet on the east side of State College Boulevard. Environmental Impact Report No. 2006-00335 -Request for certification of Environmental .Impact Report No. 335, including adoption of a Statement of Findings of Fact, a Statement of Overriding Considerations and Mitigation Monitoring Program No. 143 for the Gene Autry Experience project. EIR No. 335 has been prepared to serve as the primary environmental document for GPA2006-00446, CUP2006-05134, SUBTTM17089, DAG2006-00004, ZCA2007-00054 and MIS2006-00162 and subsequent actions related to implementation of the project. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits, street improvement plans, final site plans, and other related actions for the Gene Autry Experience project. Future actions related to the Gene Autry Experience project that require additional discretionary review will utilize this document for CEQA purposes to the extent possible, consistent with Section 15162 of the CEQA Guidelines. General Plan Amendment No. 2006-00446 -Request to amend the Land Use Element of the General Plan to increase the maximum number of dwelling units permitted in The Platinum Triangle by 699 dwelling units. Miscellaneous Permit No. 2006-00162 -Request to amend The Platinum Triangle Master Land Use Plan to increase the maximum number of dwelling units in the Gene Autry District from 1,000 to 1,699 and the total number of dwelling units in The Platinum Triangle by 699 dwelling units. zoning Code Amendment No. 2007-00054 -Request to amend the Platinum Triangle Mixed Use Overlay Zone to increase the maximum number of dwelling units in the Gene Autry District from 1,000 to 1,699 and the total number of dwelling units in The Platinum Triangle by 699 dwelling units. Conditional Use Permit No. 2006-05134 -Request to permit building heights over 100 feet (up to 300 feet proposed) for the proposed Gene Autry Experience project. H:\d ocs\clerica Ilagen dos\(062507 ). doc Request for continuance to July 9, 2007. (06/25/07) Page 5 Development Agreement No. 2006-00004 -Request to adopt a Development Agreement between the City of Anaheim and AMB Property, L.P. and New Urban West Land, L.L.C. for a mixed use development. Tentative Tract Map No. 17089 - To establish a 21-lot, mixed use subdivision with 1,208 residential units; 100,000 square feet of office; and, 50,000 square.feet of commercial. General Ptan Amendment Resolution No. Miscellaneous Permit Resolution No. _ Zoning Code Amendment No. Conditional Use Permit Resolution No. _ Development Agreement Resolution No.. Sa. CEQA NEGATIVE DECLARATION Sb. GENERAL PLAN AMENDMENT NO.2007-00459 5c. RECLASSIFICATION NO. 2007-00203 5d. RECLASSIFICATION td0. 2007-00204 Agent: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Parcel A: 2000 South State College Boulevard: This triangle- shaped .07-acre property is located in the City of Orange and has a frontage of 26 feet on the north side of Orangewood Avenue, a maximum depth of 350 feet and is located approximately 480 feet east of the centerline of Rampart Street and is further described as 2000 South State College Boulevard -Anaheim Stadium Parking Lot. Parcel B: 2337 South Manchester Avenue: This rectangularly- shaped 394 square foot parcel is located in the City of Orange and is a landlocked parcel with a maximum depth of 26 feet and located 172 feet north of Compton Avenue and is within an existing mobile home park. General Plan Amendment No. 2007-00459 -City initiated amendment to the City of Anaheim General Plan to redesignate Parcel A from the Open Space to the Mixed Use Land Use designation and to designate Parcel B for Medium Density Residential in the City of Anaheim in order to facilitate two boundary line adjustments between the City of Orange and the City of Anaheim. Reclassification No. 2007-00203 -City-initiated request to reclassify Parcel A to the PR (PTMU Overlay) (Public Recreation, Platinum Triangle Mixed Use Overlay) zone, or a less intense zone. Reclassification No. 2007-00204 -City-initiated request to reclassify Parcel B to the T (Transition) zone, or a less intense zone. General Plan Amendment No. _ Reclassification Resolution No. Reclassification Resolution No. H:\docs\clericallage n das\(062507 ). d oc Project Planner: (skimQanaheim.net) Project Planner. (dherrickQanaheim.vet) (06125!07) Page 6 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 6b. CONDITIONAL USE PERMIT NO. 2001-04451 (TRACKING NO. CUP2007-05218) Owner: Richter Farms Trust 5505 Garden Grove Boulevard #150 Westminster, CA 92683 Agent: Gerard O'Donnell 5505 Garden Grove Boulevard #150 Westminster, CA 92683 Location: 1084 and 1086 North State College Boulevard: Property is approximately 7 acres, and is located north and east of the northeast corner of State College Boulevard and La Palma Avenue. Request reinstatement of this permit by the modification or deletion of a ' Project Planner. condition of approval pertaining to a time limitation to retain apreviously- (dnerrickQanaheim.net) approved restaurant with on-premises sale and consumption of alcoholic beverages and public entertainment. Conditional Use Permit Resolution No. 7a. CEQA CATEGORICAL EXEMPTION -CLASS 3 7b. WAIVER OF CODE REQUIREMENT 7c. CONDITIONAL USE PERMIT NO. 940 (TRACKING NO. CUP2007-05215) Owner: The Salvaton Army 10200 Pioneer Road Tustin, CA 92680 Agent: J7 Architecture, INC. 1470 Jamboree Road, Suite 200 Newport Beach, CA 92660 Location: 1515 West North Street: Property is approximately 3.2 acres and is located at the northeast corner of Loara Street and North Street. Project Planner: Request to amend exhibits to permit worship center addition to an existing ' (skoenmQananeim.ner) Salvation Army Community Center facility with waiver of minimum number of parking spaces. Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(062507).doc (06125/07) Page 7 Sa. CEQA CATEGORICAL EXEMPTION -CLASS 1 8b. CONDITIONAL uSE PERMIT NO. 2007-05217 Owner: Amin and Hasina Lakhani 13336 East Alondra Boulevard Cerritos, CA 90703 Agent: Peter Morris 2019 West Orangewood Ave Orange, CA 92868 Location: 2198 Sauth Dupont Drive: Property is approximately 1.1 acres, having a frontage of 188 feet on the south side of Dupont Drive and is located at the southern end of the Dupont Drive loop 860 feet south of the centerline of Orangewood Avenue. Request to permit a physical fitness training and indoor batting cage Project Flannen faCllity. (ethienQanaheim.net) Conditional Use Permit Resolution No. 9a. CEQA NEGATIVE DECLARATION (READVERTISED) 9b. VARIANCE NO. 2007-04728 9c. TENTATIVE PARCEL MAP NO. 2007-144 Owner: Juan Castaneda Franco 1774 Canterbury Circle Anaheim, CA 92802-2806 Agent: Bob Suleimani 9582 Hamilton Avenue Huntington Beach, CA 92646 Location: 1774 South Canterbury Circle: Property is approximately .37-acre, having a frontage of 137 feet on the east side of the cul-de-sac on Canterbury Circle and is located 67 feet north of the centerline of Katella Avenue. Variance No. 2007-04728 -Request to construct asingle-family Project manner. residence with waivers of (a) minimum lot size, (b) minimum lot width, (c) (kwonyzQanaheim.net) minimum lot depth adjacent to an arterial highway, (d) minimum front yard setback, and (e) minimum dimension of tandem parking spaces. Tentative Parcel Map No. 2007-144 -Request to establish a 2-lot, 2-unit detached residential subdivision. Variance Resolution No. H:ldocslclericallagendas\(062507).doc (06/25/07) Page 8 10a. CEQA NEGATIVE DECLARATION 10b. GENERAL PLAN AMENDMENT NO. 2007-00455 10c. RECLASSIFICATION NO. 2007-00198 10d. CONDITIONAL USE PERMIT N0.2007-05200 10e. TENTATIVE TRACT MAP NO. 17116 Owner: La Vue LLC 30622 La Vue Street Laguna Niguel, CA 92677 Agent: Mehdi Ebrahimzadeh 30622 La Vue Street Laguna Niguel, CA 92677 Location: 1556 West Katella Avenue: Property is approximately 0.78-acre, having a frontage of 130 feet on the south side of Katella Avenue and is located 170 feet west of the centerline of Bayless Street. General Plan Amendment No. 2007-00455 -Request to amend the land use element map of the General Plan redesignating the property from the General Commercial designation to the Medium Density Residential designation. Reclassification No. 2007-00198 -Request reclassification of the subject property from the T (Transition) zone to the RM-3 (Multiple-Family Residential) zone. Conditional Use Permit No. 2007-05200 -Request to construct a 14-unit attached residential planned unit development with modification to development standards and waiver of setback between buildings. Tentative Tract Map No. 17116 - To establish a 1-lot, 14-unit airspace attached residential condominium subdivision. General Plan Amendment No Reclassification Resolution No. Conditional Use Permit Resolution No. Request for continuance to July 23, 2D07. Project Planner: (kwong2~anaheim. net) Adjourn To Monday, July 9, 2007 at 1:00 P.MI. for Preliminary Plan Review. H:\dots\clericallagendas\(062507).doc (06/25/07) Page 9 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 11:00 a.m. June 21.2007 (TIME) (DATE) LOCATION: COUNCIL HAMBER DISPLAY CASE AND U CIL 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 wikh 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. H:\docs\clerical\agendas\(062507).doc (06/25/07) Page 10 SCHEDULE 2007 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 December 24(Cancelled) H:\docslclericallagendas\(062507).doc (06/25/07) Page 11 Item No. 2 SP 9467-14 µGl 5g69.62 µ5g-64'GFINOLOGY pNPHE1 GE p~P3 ShePatd St. ~ X40' tD SP 94-1 DA 3 RCL fi6.67-t4 RCL 61.62-fig (1) CUP 1546 VAR 2696-04fi60 SMALL IND. FIRM SP 9431 DP 67.14 µD6 6 62.fi911~ µCL 61P 3946 EpVW1E6 EN R PV~NUE >,RP ~~ RCL 6P-82-x9111 CUP 1546 SMALL INC. FIRM ~P p M Pv~ SP 94-7 DA3 RCL 67-66-39 RCL fib-67-14 RCL 69-fit-193 CUP 3124 VAR 3764 VAR 4070 SMALL IND. FIRM Ra ss-sl-lBa SP B41 DA3 SP 94-1 DA 5 RCLfifi-67-14 RCL fig-fit-193 CUP 37fifi FI FCTRONCS STORE 6P 941 OA 6 RCL 67416-3B RCL 69.61-103 CUP 3B0] CUP 3]81 VAR 40]0 VAR 3]54 COMM. eus. SP 94A PLLEr., ~e . DP3 .11 µG191fi2 69 ~1~ µCl UP 1216 VPREN,ENT RCL 91-92-93 ~~ - "~ ~ ~~ ~/v pM~ENjER CUP 1546 _ i~2521 CUF 2039 ~pY lSR,911 RNERSIDE FRE/ i VPR 4i - FR N-~ER esj. 4~~~`coao~6~s5 °SP~~°Eas~ 6P.41..F P ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT AREA Subject Property Conditional Use Permit No. 2007-05209 Date: June 25, 2007 Scale: 1" = 200' Requested By: BRANDON RAINONE Q.S. No. 145 3364 East La Palma Avenue -Concourse Bowling 10275 a Staff Report to the Planning Commission June 25, 2007 Item No. 2 2a. CEQA NEGATIVE DECLARATION 2b. WAIVER OF CODE REQUIREMENT 2c. RESOLUTION OF UNCERTAINTIES 2d. CONDITIONAL USE PERMIT NO. 2007-05209 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: (1} This 2.7-acre°property is identified as 3364 East La Palma Avenue and is occupied by Concourse Bowling: The property owner and applicant is the business owner, Brandon Rainone with Outer Spring Volcano. REQUEST: (2) The applicant requests approval of a conditional use permit to remodel an existing bowling facility including ah expansion for a management office and to permit telecommunications towers uhder authoritybf Code Section Nos. 18.120.0507 (Bowling Alleys) and 18.120.0511 (Telecommunications Antennas) with waivers of the following provisions: (a) SECTION NO. 18.42.050.010 Minimum number of Dorking spaces. 526 required; 240 proposed) (b) SECTION NO. 18.44.110.0103 Maximum letter height for a wall sign. 24 inches permitted; 48 inches proposed) (c) SECTION NO. 18:120.100.060.0803 Maximum floor area ratio. 0.25 permitted; 0.32 proposed). (d) SECTION NO. 18.120.100:060.0901 Required landscaping adjacent to a freeway. WITHDRAWN (e) SECTION NO. 18:120.100.1312 Maximum size of two freeway-oriented wall signs: (One 250 square foot sign permitted; two 1,000 square foot signs proposed) BACKGROUND: (3) .This property is currently developed with a bowling facility and is located in the Northeast Area Specific Plan, Commercial Area (SP94-1, DA 5): The General Plan desighates this property and property to the east for General Commercial land uses and properties to the north and west for Office-Low land uses. The property is bounded by the SR-91 freeway to the south. (4) Brandon Raihone, the property owner and business operator, has submitted the attached letter dated June 19, 2007, requesting a continuance of this Item to the July 23, 2007; Commission meeting in order to modify the proposed plan. RECOMMENDATION: (5) Staff recommends that the Commission, by motion, continue this item to the July 23, 2007, Planning Commission meeting as requested by the applicant. Case Planner: Elaihe Thienprasiddhi Page 1 Srcup2007-05209eyt_062507.doc Attachment -Item No. 2 June i 9, 2007 Dear Planning Commission and Staff, At this time we would like to request a continuance on our recent submittal to the planning staff. We intend to modify our request and would appreciate a four week extension to July 23, 2007. It is our intention to provide the planning commission with a thorough project plan that expresses how this addition is integral to The Concourse for reaching its full potential as an entertainment center, while proving its value to the City of Anaheim. If there is any uncertainty regarding this request, please feel free to contact me at your convenience. We appreciate your consideration, and look forward to your response. Kindest regards, Brandon Rainone Owner, The Concourse Bowling Center Item No. 3 ~p A r 4 U EAC RS-2 1O EACH PASO ROBLES DR RS-2 1 U EACH = ry ¢ T (MHP) m m RCL 82-83-28 RS-2 ~ p CUP 1150 - 1 DU EACH ~ CUP 557 CUP 60 CUP 42 MOBILE HOME PARK OLINDA LN W R -2 ¢ AREA A 1 DU EAC = Z RS-2 w ~ ~ ' ' RCL 2006-00190 U CUP 200fi-05175 p p = - TTM 17139 RS-2 •- N O ~' " GPA 2007-00460 1DU EA H ~~ 1DU O ~ LINDACITA LN . -.._ - ot ARPAB RCL 9691-20 ~ T MHP ( ) ~' T-cuP ZO93-a469e cuP ZOSZ-o4s16 516 B-2 s2 ~. ~ 1 DU EAC v ~ RCL 2066.60190 ~ - RCL 62-83.26 t" CUP 36i] -0g CUP 3s91 Zfi6R361i C- UP UP 91 ~ ' C C 35 RCLfit- ov ~ CUP 2006-05175 c 26 o'~ CUP 20 T 139 ~ ~ TTM y1 s6 ane. - p~ , N µG~ 0 S uP CUP 200 CUP ,~ .t.c R5.3 RCL 67.68-44 -, .- . ,.~.• r ~ G~CO. 0-L CUP CUP RCL 65-66-96 O•~' RCL 73.74-38 CUP ~ (Res.. of lntenl to RS-7200) CUP 2002-04516 CUP ~ 1 U E CH T-CUP 2003-04698 CUP CUP 3677 CUP ~ CUP 3591 CUP O ~ CUP 3379 WESTA w w ~ CUP 2473 MEDICAL ~ p0 Q CUP 1717 m er° ~ CUP 1656 i T ~=aN c> O WEST ANAHEIM MEDICAL CENTER 6L 1 DU > V-115 1 OU O RC 2606-00 62 O ~a CU 2006.0 130 RCL n-7&61 CUP 257 CUP 1664 2 DU VAR 3027 PHYSICALTHE PY ORANGE AVENUE N ~ W RCL 71- General Plan Amendment No. 2007-00460 (Area A) ~ AREA A Dale: June 25, 2007 Reclassification No. 2006-00190 (Area A, Area B) Scale: 1 Inch equals 200 feet Conditional Use Permit No. 2006-05175 (Area A, Area B) ,7 AREA B O:S. No. 9 Tentative Tract Map No. 17139 (Area A, Area B) Requested By: NATALIE TRAN QUYEN TRAN 3100 West Lindacita Lane, 237 South Beach Boulevard 1ozs6 Staff Report to the Planning Commission June 25, 2007 Item No. 3 3a. CEQA NEGATIVE DECLARATION 3b. GENERAL PLAN AMENDMENT NO. 2007-00460 3c. RECLASSIFICATION NO. 2006-00190 3d. WAIVER OF CODE REQUIREMENT 3e. CONDITIONAL USE PERMIT NO. 2006-05175 3f. TENTATIVE TRACT MAP NO. 17139 (Motion for Continuance) SITE LOCATION AND DESCRIPTION: {1) These two properties are identified as Portion A: 3100 West Lindacita Lane, owned by Natalie and Quyen Tran and Portion Bi 237 South Beach Boulevard., owned by Quyen Tran. The properties are 0:27-acre and 1.68-acres respectively. The applicant for this request is Mertco; the developer: REQUESR (2) The applicant requests approval of the following applications: (a) General Plan Amendment No: 2007-00460 - to redesignate Portion A from the Low Density Residential designation to the Low-Medium Density Residential designation. (b) Reclassification No: 2006-00190 - to reclassify Portion A from the Single-family Residential (RS-2) zone to the Single-family Residential (RS-4) zone and Portion B from the Transition (T) zone to the Single-family Residential (RS-4) zone and to remove the Mobile HomePark Overlay zone. (c) Conditional Use Permit No: 2006-05175 to construct a 11-unit detached`single-family residential subdivision under authority of Code Section No. 18.04:030.040.0402 (Single-family Detached) with waiver of the following provision: CODE SECTION N0.18.40.060.030 Improvement of private street. (d) Tentative Tract Mao No. 17139- to establish 12 numbered and 1 lettered lot, 11-unit detached single-family residential subdivision for Portions A and B. BACKGROUND: (3) These properties are currently developed v/ith two single-family residences: Portion A is located in the Single-family Residential (RS-2) Zone and Portion B is located in the Transition (T) Zone: The General Plan designates Portion A for Low Density Residential land uses and Portion B for Low-Medium Density Residential land' uses. Properties to the north are. designated for Low and Low Medium Density Residential land uses; properties to the west are designated for Low Density Residential lahd uses; and properties to the east and south are designated for Office-Low and Water land uses. (4) This item was continued from the June 11, 2007, Commission meeting for the applicant to modify the plans. (5) Mertco, the applicant, has submittetl the attached letter dated June 19, 2007, requesting a continuance of this item to the July 9, 2007, Commission meeting ih order to mail out new notices far the project. RECOMMENDATION: (6) Staff recommends that the Commission, bymotion, continue this item to the July 9, 2007, Planning Commission meeting as requested by the applicant. Case Planner: Kimberly Wong srgPazoo~-ooaso_sr_PCS25o~_cont Page 1 Attachment -Item No. 3 Hello Kimberly- we (Mertco) are currently scheduled for public hearing at the June 25 meeting of the Planning Commission. We would like to be removed from that agenda, and placed on the agenda for the next meeting, _.... July 9. Thank you, and please call with any questions or if you need more ' information. Jeff Leeper Mertco,inc. ltem No. 4 I PPTMU W RCL 2006-0 129 Z RCL 99-0615 RLL B]-8619 E) IR RCLS65T-B3 GJ LUP 2002-04fi20 CUP 20W-04718 ~ LUP 2002-04564 = CUP 349] U CUP 2B4fi A-J 2003.00236 GAG BT-01 (RLL 70.11-391 1(PTMU ) )LUP 1065) ((CUP 81fi11 VALAM (CUP 2W 8-05111) VACAM ~ SEI o. 1615 7-93 IND. 5 I SMALL IND. FIRMS sy ~ ~yT9 ACL 569A] cw a9T5 UACANT IRCL T0.T1~]41 (a 1]1 AR 18306) I (PTMUI 004-00129 :UP 1065) CUP 616 VALA I(PTMU1 RLL 30 129 RCL 9&00.15 RLL 5F51-93 CUP 4W1 CUP 44T 5 SOUTHERN fALIFORNIA G4S LOMPANV GENE AUTRY WAY -1z1B ot~PTMU) RCL B-0b15 RCL 61-82-02 RCL Sb5T-B3 OL(FTMU 9 I(PTMU) VAR 3218 RCL 88-061 RCLBb00.15 DARNING RCL B1-82-02 RCL 614II-02 RCL5657-93 LOT RCL SS-51-93 CUP 2WB VAR 4328 VAR 4326 VAR 3278 VAR 3278 OFFICES PARKING LGT T4'SP 2082-08883 1 FSP 88-04 VACANT Q DJ J m W (7 W J Ui W Q 0 PR (PTMUI RLL 9800-15 RCL Sb5L93 LUP 24W LUPT:31" OFFICE BLnCi. PR (PTMU) RCL 2004-00129 RCL fi&6/-14 ANGEL STADIUM OF ANAHEIM 1 (PTMU) RCL 2004-00129 RCL 98-00-15 RCL 66-67-74 RCL 56.57-83 VAR 4235 TILE STORE D; (PTMU) I IPiMUI I (PTMU) RCL 998-0615 gC198-0G-15 RLL 89-0615 IIPiMU) RCLet-82-09 PCL 8667-1d RCL 66Lr-14 RCL B9-0D15 RCL x&81-14 RCL 56-5/-B3 RCL 56.57-B] RCL 6&67.16 RCL S&5]-B3 CUP 1853 CUP 1853 RCL 56-51-B3 VAR 3482 OFFICES OFFCES 0.1P 1853 VAR 3806 OFFICES VAR 3581 OFFICES ALL PROPERTIES ARE IN THE PLATfNUM TRIANGLE. Environmental Impact Report No. 2006-00335 General Plan Amendment No. 2006-00446 Miscellaneous Permit No. 2006-00162 Zoning Code Amendment No. 2007-00054 Conditional Use Permit No. 2006-D5134 Development Agreement No. 2006-00004 Tentative Tract Map No. 17089 Requested By: DREW SINGER 1969 South State College Boulevard -`r RCL 20C RCL 9f RLL 6E i~l RCL SE I V Subject Property Date: June 25, 2007 Scale: 1" = 200' Q.S. No. 108 tnzse 6 Staff Report to the Planning Commission June 25, 2007 Item No. 4 4a. 4b: 4c. 4d. 4e. 4f. -DEVELOPMENT AGREEMENT NO: 2006-00004 4g. TENTATIVE TRACT MAP NO. 17089 (Motion for Continuance). SITE LOCATION AND DESCRIPTION: (1) The 17.5-acre property is identified as 1969 South State College Boulevard. The property owner is AMB Property, L.P. and the applicant for this request is New Urban West, Inc.: REQUEST: (2) The applicant requests,approval of the following (the "Proposed Actions") applications to construct 1,208 residential units, 100,000 square feet ofbffice uses, and 50,000 square feet of commercial uses witfi three public parks: Environmental Impact Report No: 2006-00335 - to serve as the primary environmental: document for GPA2006-00446, CUP2006-05134, SUBTTM17089; DAG2006-00004,:. ZCA2007-00054 ahd MIS2006-00162 and subsequent actions related to implemeratatioh of the Gene Autry Experience project: General Plan Amendmeht No: 2006-00446 - to amend the Land Use Element of the General Plan to increase the maximum number of dwelling units permitted in The Platinum Triahgle by699 dwelling units. Amendment to The Platinum Triangle Master'Land Use Plan (Miscellaneous Permit No. 2006-001621- to increase the maximum humber of dwelling uhitsin the Gene Autry District from 1,000 to 1,699 and the total number of units in The Platihum Triangle by 699 dwelling units, Zoning Code Amendment No. 2007-00054 - to amehd the Platinum Triangle Mixed Use Overlay Zone to increase the maximum number of dwelling units permitted in the Gene Autry District from 1,000 to 1,699 and the tota(rtumber of dwelling units in The Platinum Triangle by 699 dwelling units. Conditional Use Permit No: 2006-05134- to permit building heights over 100 feet (up to 300 feet proposed) for the proposed project. Development Agreement No. 2006-00004 - to recommend City Cbuncil adoption of a Development Agreement between the City of Anaheim and AMB Property LP. for the Gene Autry Experience mixed use development, Tentative Tract Map No. 17089- to establish a 21-lot mixed use subdivision with 1,208 residential units; 100,000 square feetbf office; and, 50,000 square feefof commercial. Case Planner Susan Kim :. SrGPA2006-0044fisk_PC062507 Page 1 Staff Report to the. Planning Commission June 25, 200T ltem No. 3 BACKGROUND: (3) This property is occupied by five warehouse buildings; three multi-tenant office/warehouse buildings, and one restaurant (The Catch): The property is within the Industrial (I) zone and' the Gene Autry District of the Platinum Triangle Mixed Use (PTMU) Overlay. The General Plan designates thts property and the properties to the north, east and south for Mizell Use land uses;'the properties to the west are designated for Office-High land uses. (4) Staff is requesting a continuance of this item to the July 9, 2007, Commission meeting in order to allgw time to circulate the Final Environmental Impact Report (EIR No. 2006- 00335)for the proposed actions fora 1 p-day public ieview period. New lJrban West, Inc. has submitted the attachedletter; dated June 15, 2007, supporting this request. RECOMMENDATION: (5) Staff recommends that the Commission, by motion, continue this item to the July 9,' 2007, Planning Commission meeting'as requested by staff and supported by the applicant: Page 2 N E W Attachment -Item No. 4 URBAN June 1S, 2007 W E S T Susan Kim ~ N C Senior Planner City of Anaheim n33 OCEAN 200 S. Anaheim Blvd. A V E N U E Anaheim, CA 92805 SUITE 350 S A N T A Re: Gene Autry Experience Project (1969 South State College Boulevard) M O N I C A CALIFORNIA EnvironmentalImpactReport:EIR2006-00335 9 o a o t General Plan Amendment: GPA2006-00446 TELEPHONE Master Land Use Plan Amendment: MIS2006-00162 310.394.3379 Zoning Code Amendment: ZCA2006-00054 FACSIMILE Conditional Use Permit: CUP2006-05134 310.394.6872 Develo ment A reement: DAG2006-00004 NU WI.COM P g Tentative Tract Map: 17089 Dear Ms. Kim: As the applicant for the Gene Autry Experience project, I am in suppdrt of staff's recommendation for continuance of this item from the Lune 25°i Planning Commission public hearing to July 9, 2007, to allow time to circulate the Final Environmental Impact Report (EIR2006-00335) fora 10-day public review period. [f you have any questions, please contact me at 310-394-3379 or tomz@nuwi.com: Sincerely, ~~ Tom Zanic New Urban West, Inc. Senior Vice President ~~ C PR(PTMU) ~ TPM 2006-262 PR PTMU ( ) !Z ~ RCL 2007-00203 RCL 2004-00129 ~ RCL 2004-o012s RCL 99-00-15 RCL 73-74-34 RCL 56-57-93 RCL 56-57-93 CUP 2400 - GPA 2007-00459 --- CUP 750 o CUP 2400 "' ANGEL STADIUM (RCL 70-71-34) / PARKING (CUP 7120) ANGEL STADIUM PARKING / ~-480' ~ -~~{ 26' I / A ORANGEWOOD AVE c-G a RCL 2004-00127 ~ pR (Res. of Int. to 0-H) y RCL 2004-00127 /.y y RCL 99-00-15 ~1 (Res. ofinf. to O-H) ~ ~ ~ ~ RCL 77-78-06 ~ RCL 99-00-15 ~ ~ \ RCL 66-67-14 N RCL 73-74-3a ~ `~ Q' RCL 56-57-93 ~ GPA 2004-00420 RCL 2004 001 ~ C) ZP CUP 750 m - 34 NORTH NET FIRE U ~ Q PARKING/ OFFICE Sn ~ TRAINING CENTER ~ ~/ (~ AC ~ _ P e Q Parcel A Q C O 0 Address: 2000 South Stale College Boulevard - Anaheim Stadium Parking T RCL 82-63-19 ~®~ RC~~~22 RCL 2007-00204 ~ ®~'®~~®• VAR 2172 GPA2007-00459 ~® PONDEROSA TRAVEL CL 62-63-102 .®' N TRAILER PARK VACANT VVACAN4 S .®• -92 a ~2 ,.. ER~Y ZONE ^ rv / Dr"-~ NE P w - MP~ON GO x Parcel B ~ N Address: 2337 Soulh Manchester Avenue - Ponderosa Mdhile Home Park ( ~ General Plan Amendment No. 2007-00459 Subject Property Reclassification No. 2007-00203 (Parcel A) Date: June 25, 2007 Reclassification No. 2007-00204 (Parcel B) Scale: Graphic Requested By: CITY-INITIATED O•S. No. 119 and 109 2000 South State College Boulevard and 2337 South Manchester Avenue 1oz9s ~areel A aaare5ek zooo soon Anaheim a.. ~ z~' ~~ ~' „,~ '~ W '. .r."ii 1 . u `S "r5 t~ ~.-'r ~ ~ Parcel B ;Z !+r A<'.,i~ ~~'~' 4~~ '" i N Address: 2337 South Manchester Avenue - ~ rte, z. '` ~ ~~ ~3' b, Ponderosa Mobile Home Park f .: ~~'~~. _ ~i~w~ ..,~., General Plan Amendment No. 2007-00459 Subject Properly Reclassification No. 2007-00203 (ParcelAj Date: June 25, 2007 Reclassification No. 2007-00204 (Parcel B) Scale: Graphic Requested By: CITY-INITIATED Q.S. No. 119 and 109 2000 South State College Boulevard and 2337 South Manchester Avenue ~ozss Staff Report to the Planning Commission June 25, 2007 Item No. 5 5a. CEQA NEGATIVE DECLARATION (Motion) 5b. GENERAL PLAN AMENDMENT NO; 2007-00459. (Recommendation Resolution). Sc. RECLASSIFICATION NO: 2007-00203 (Resolution) 5d. RECLASSIFICATION NO. 2007-00204. (Resolution) SITE LOCATION AND DESCRIPTION: (1) The two properties are identified as 2000 South State College Boulevard -Anaheim Stadium parking lot (0.7 acres =Parcel A)' and 2337 South Manchester Avenue'- Ponderosa Mobile Home Park (394 square feet -Parcel B). REQUEST: (2) This is aCity-initiated request for approvatof the following applications to establish General Plan land use designations and prezoning for two parcels proposed to be annexed from the City of Orange to the City of Anaheim: General Plan Amendment No. 2007-00459 - to redesignate Parcel A from the Open Space to the Mixed Use land use designation and to designate Parcel 8 for Medium Density Residential land uses: Reclassification No. 2007-00203 - to reclassify Parcel A to the PR (PTMU Overlay) (Public Recreation, Platinum Triangle.Mixed Use Overlay) zone; or a less intense zone. Reclassification No. 2007-00204 -to reclassify Parcel B to the T (Transition) zone, or a less intense zone. BACKGROUND: (3) Parcel A is located in the City of Orange. The parcel is owned by the City of Anaheim and is developed with a drivewayserving the Angel Stadium of Anaheim parking lot. The City of Orange and Citybf Anaheim General Plans presently designate the parcel for Open Space land uses. (4) Parcel B is located in the City of Orange. The parcel is currently vacant and is located adjacent to an existing mobile home park in the City of Anaheim. jt is under the same ownership as the mobile home park. The Citybf Orange'Generai Plan presently designates the parcel as Low Medium Density Residential (permitting up to 24 dwelling units per acre);, Parcel B is aYemnant parcel created as a result of the Santa Ana Freeway widening and the realignmentbf Manchester Avenue. An adjacent 332-square foot property, also a freeway remnant, was recently detached from the City of Anaheim and annexed to the City of Orange in connection with the construction df a residential project. (5) Parcels Aand B are proposed to be detached from the City of Orange and annexed to the City of Anaheim. Prior to submitting an annexation application to She Local Agency Formation Commission (LAFCO), the. City. of Anaheim musfestablish General Plan land use designations and zdning classifications for the two parcels. PROPOSAL: (6) Parcel A is proposed to be redesignated from Open Space to Mixed Use. The parcel is also proposed to be rezoned to the PR (PTMU Overlay) (PublicRecreation, Platinum Triangle Mixed Use Overlay, Stadium District) zone. These designations are consistent with the General Plan land use and zoning designations on the remainder of the Anaheim Stadium parking lot. Pege 1 _ Staff Report to the Planning Commission June 25, 2007: Item No. 5 (7) Parcel B is proposed to be designated for Medium Density Residential land uses, with a zoning designation of T (Transitional), consistent with the land use designation andzoning of the contiguous mobile home park: (8) The annexation/reorganizatipn process includes the following steps. Adoption of CEQA Application to Property tax General Plan land Compliance LAFCO exchange use designation and pre-zoning LAFCO LAFCO staff LAFCO public application review headng - Recordation of Certificate. of Completion DISCUSSION: (g) The proposed project will resolve boundary line discrepancies between the cities of Anaheim and Orange:. Further, the proposed General Plah and zoning desighatiphs are ponsistentwith the designations bn adjacent properties in the City df Anaheim; therefore,. staff recommends approval' of the request: ENVIRONMENTAL IMPACT ANALYSIS: (10)` Staff has prepared the Initial Study (a copy of which is available for review in the Planning Department). Staff finds no significant environmental impact and, therefore, recommends that a Negativebeclaration be approved. FINDINGS: (11) Prior to making a recommendation for approval of a General Plan Amendment, the Planning Commission shall make the following findings: (a) The proposed amendment maintains the internal consistency of the General Plan; (b) The proposed amendment would not be detrimental td the public iriterest, health, `safety, convenience, or welfarebf the City; Page 2 Staff Report to the Planning Commission' June 25, 2007 Item No: 5 (c) The proposed amendment would maintain the balance of land uses within the City; and.. (d) If the amendment is to the General Plan Land Use Map, the subject property is physically suitable to accommodate the proposed modification, including but-not limited to access, physical constraints, topography, provision of utilities:, and compatibility with surrounding land uses. RECOMMENDATION: (12) Staff recommends that the Plannirg Commission take the following actions (a) By motion, approve a Negative Declaration. (b) ByYesolution; recommend to City Council that General Plan Amendment No. 2007- 00459 be approved. (c) By resolution, a rove Reclassification No. 2007-00203. (d) By resolution, approve Reclassification No, 2007-00204. Page 3 (DRAF'T'] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL ADOPTION OF GENERAL PLAN AMENDMENT NO. 2007-00459 PERTAINING - - TO THE LAND USE ELEMENT (2000 SOUTH STATE COLLEGE BOULEVARD AND 2337 SOUTH MANCHESTER AVENUE) WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No. 69R-644, showing the general description and extent of possible future development within the City; and WHEREAS, oh May 25, 2004, the City Council, by its Resolution No. 2004-95, adopted a comprehensive update to the General Plan for the City of Anaheim; and WHEREAS, the Planning Commission did receive aCity-initiated request for an amendment to the Land Use Element of the General Plan to redesignate a portion of property located at 2000 South State College Boulevard (Parcel A) from Open Space to Mixed Use and to designate a portion of property located at 2337 South Manchester Avenue (Parcel B) far Medium Density Residential land use designation as shown in the attached Exhibits A and 8, respectively. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 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 General Plan Amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission., after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and. determine the following facts: 1. That the proposed amendment to the Land Use Etement maintains the internal consistency of the General Plan. 2. That the proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. 3. That both properties, noted as Parcels A and B, are physically suitable to accommodate the. proposed designations, including but not limited to access, :physical constraints, topography, provision of utilities, and compatibility with surrounding land uses. 4. That the proposed amendment relates to the established land use patterns in the vicinity and therefore, said amendment would be compatible with, and further the goals of said Plan and therefore, Exhibits A and B should be adopted to redesignate Parcel A from Open Space to Mixed Use and designate Parcel B for Medium Density Residential land uses, respectively. 5. That *'* indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to redesignate Parcel A from General Open Space to Mixed Use Land Use and to designate Parcel B for Medium Density Residential 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. 1- PC2007- NOW, THEREFORE, BE IT RESOLVED that pursuant to the above findings, the Anaheim Planning Commission does hereby recommend to the City Council of the City of Anaheim adoption of General Plan Amendment No. 2007-00459 pertaining to the Land Use Element to redesignate Parcel A from Open Space to Mixed Use and to designate Parcel B for Medium Density Residential land uses, as shown in attached Exhibits A and B. BE IT FURTHER RESOLVED that the applicant is ~espbhsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 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 June 25, 2007, by the foAowing vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2007, IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2007- [~~F'r~ RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00203 BE GRANTED, UNCONDITIONALLY (2000 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive aCity-initiated petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California; described as a portion of the property located at 2000 South State College Boulevard (Parcel A) and further described as follows: THAT PORTION OF RANCHO SANTIAGO DE SANTA ANA, IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN IN BOOK 3, PAGE 420 OF PATENTS, RECORDS OF LOS ANGELES COUNTY AND FILED IN BOOK 3 PAGE 101 OF MISCELLANEOUS RECORDS OF LOS ANGELES IN THE OFFICE OF THE RECORDER OF SAID ORANGE COUNTY, TOGETHER WITH THAT PORTION OF THE SANTA ANA RIVER CHANNEL IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA AS DESCRIBED IN A DEED, RECORDED IN BOOK 5748 PAGE 2LC OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTERLINE INTERSECTION OF.RAMPART STREET AND ORANGEWOOD AVENUE, 90 FEET WIDE, 11 THENCE (1) EASTERLY ALONG THE CENTERLINE OF ORANGEWOOD AVENUE 23.24 FEET THROUGH A CENTRAL ANGLE OF 1°06' 39" TO A POINT OF REVERSE CURVE .SAID CENTERLINE BEING A CURVE CONCAVE SOUTHERLY AND HAVING A RADIUS OF 1199.97 FEET, A RADIAL LINE THROUGH SAID POINT OF COMMENCEMENT BEARS NORTH 18°59'C3" EAST; THENCE (2) EASTERLY ALONG THE CENTERLINE OF pRANGEWOOD AVENUE 403.79 FEET THROUGH A CENTRAL ANGLE OF L9°L6'48". SAID CENTERLINE BEING A CURVE CONCAVE NORTHERLY AND HAVING 15 A RADIUS OF 1199.97 FEET, A RADIAL LINE THROUGH SAID POINT OF REVERSE CURVE BEARS SOUTH 20'05'42" WEST; THENCE (3) SOUTH 89°11'06" EAST 115.04 FEET TO THE NORTHWESTERLY LINE OF THE SANTA ANA RIVER CHANNEL AS DESCRIBED IN DEED RECORDED IN BOOK 5748 PAGE 210 OF OFFICIAL RECORDS IN THE OFFICE OF THE RECORDER, ORANGE COUNTY, CALIFORNIA; THENCE (4) .LEAVING SAID CENTERLINE NORTH 18°48'24"EAST 47.31 FEET ALONG SAID NORTHWESTERLY LINE OF SAID SANTA ANA RIVER TO THE TRUE POINT OF BEGINNING; THENCE (5) NORTH 89°11'06" WEST 46.07 FEET ALONG THE NORTHERLY LINE OF SAID ORANGEWOOD AVENUE TO THE CITY OF ANAHEIM CITY LIMIT AS SHOWN ON A MAP RECORDED IN BOOK 165, PAGES 1 TO 13 OF RECORD OF SURVEYS (RS 88-1014) IN THE OFFICE OF THE RECORDER. OF SAID ORANGE COUNTY; THENCE (6) NORTH 22°53' 44" EAST 614.64 FEET ALONG SAID CITY OF ANAHEIM CITY LIMIT TO THE INTERSECTION WITH THE NORTHWESTERLY LINE OF SAID SANTA ANA RIVER; THENCE (7) SOUTH LB°48'24" WEST 598.84 FEET ALONG THE NORTHWESTERLY LINE OF SAID SANTA ANA RIVER TO THE TRUE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 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 reclassification and to investigate and make findings and recommendations in connection therewith; and CR\PC2007- -1- PC2007- 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: L That the subject property, which comprises approximately 0.07 acres, is currently utilized'as parking for Anaheim Stadium and is owned by the City of Anaheim. 2. That the subject property is currently situated in the City of Orange, and the proposed reclassification is a preliminary step required by the Local Agency Foundation Commission (LAFCO) prior to annexation into the City of Anaheim. 3. That the proposed reclassification of the subject property to the PR (PTMU Overlay) (Public Recreation, Platinum Triangle Mixed Use Overlay) zone, is the appropriate implementation zone for the proposed Mixed Use land use designation of the Anaheim Geheral Plana 4. That the proposed reclassification of subject property is necessary andlor desirable for the orderly and proper development of the community: 5. That the proposed reclassification of subject property does properly relate to the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community that is consistent with the type of uses envisioned for the area. 6. That *** indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negafive Declaration and together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby unconditionally approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the City of Orange and to incorporate said described property into the PR (PTMU Overlay) (Public Recreation, Platinum Triangle Mixed Use Overlay) zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. 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. -2- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 20D7. 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 COMM ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 25, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2007 IN WITNESS WHEREOF, I have hereunto set my hand this day of , SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING GOMMISSION THAT PETITION FOR RECLASSIFICATION NO. 2007-00204 BE GRANTED, UNCONDITIONALLY (2337 SOUTH MANCHESTER AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified petition for Reclassification for real property situated in the City of Anaheim, County of Orange, State of California, described as a portion of the property located at 2337 South Manchester (Parcel B) and further described as follows: THAT PARCEL OF LAND IN THE CITY OF ORANGE, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT AN ANGLE POINT IN THE EXISTING BOUNDARY OF THE CITY OF ANAHEIM ESTABLISHED BY "ANNEXATION NO. 274 SERRANO AVENUE N0.3 ANNEXATION", SAID ANGLE POINT BEING THE SOUTHEASTERLY TERMINUS OF THAT CERTAIN COURSE HAVING A BEARING AND DISTANCE OF SOUTH 43° 43'28" EAST 276.86 FEET. FROM WHICH POINT ORANGE COUNTY SURVEYOR GPS CONTROL POINT NUMBER 3246 BEARS NORTH 54°50'52" EAST 346.93 FEET; THENCE ALONG SAID EXISTING BOUNDARY NORTH 43°43'07" WEST 234.62 FEET TO A POINT IN THE NORTHWESTERLY BOUNDARY OP THE LAND DESCRIBED IN DEED TO THE CITY OF ANAHEIM. RECORDED APRIL 7,1989 AS INSTRUMENT N0.89-184385 OF OFFICIAL RECORDS OF SAID COUNTY; THENCE ALONG THE BOUNDARY LINES OF SAID LAND THE FOLLOWING COURSES: 1.) SOUTH 15°22'03" WEST 83.77 FEET; THENCE 2J SOUTH 37°0722"WEST 46.40 FEET; THENCE 3.) SOUTH 42"46'29" WEST 54.49 FEET; THENCE 4.) SOUTH 11°42'30"WEST 28.90 FEET; THENCE 5,) SOUTH 53°15'59" EAST 180.82 FEET TO THE CURVED, SOUTHEASTERLY LINE OF SAID LAND. CONCAVE SOUTHEASTERLY AND .HAVING A RADIUS OF 1000 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF NORTH 53°15'39" WEST; THENCE 6J NORTHEASTERLY ALONG SAID CURVE 166.64 FEET THROUGH A CENTRAL ANGLE OF 09°32'52" TO THE POINT OF BEGINNING. CONTAINING 0.837 ACRE, MORE OR LESS. BEARINGS STATED HEREIN ARE BASED UPON THE BEARINGS BETWEEN O.C.S. HORIZONTAL CONTROL STATION GPS N0.3196 (1991.35 EPOCH OCS GPS ADJUSTMENT COORDINATE BEING N=2246331.793 E=6095926.345) AND STATION GPS NO. 3246 (1991.35 EPOCH OCS GPS ADJUSTMENT COORDINATE BEING N=2249285.045 B=6102903.670) BEING NORTH 67°03'32" EAST PER RECORDS ON FILE IN THE OFFICE OF THE ORANGE COUNTY SURVEYOR AND AS SHOWN ON THE MAP OFTRACT NO. 15695, RECORDED IN BOOK 781 AT PAGES 1 THROUGH 9 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE ORANGE COUNTY RECORDER. RECORD BEARINGS HAVE BEEN ROTATED 0°00'21" CLOCKWISE TO MAKE THEM AGREEABLE WITH THE GPS BASIS OF BEARINGS. CR\PC2007- -1- PC2007- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 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 reclassification and to investigate and make findings and recommendations in connection therewith; and - WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find ahd determine the following facts: 1. That the subject property, which comprises approximately 394 square feet, is currently vacant and is contiguous to an existing mobile home park in the City of Anaheim. 2. That the subject property is currently located in the City of Orange, and the proposed reclassification is a preliminary step required by the Local Agency Foundation Commission (LAFCO) prior to annexation into the City of Anaheim. 3. That the proposed redlassification of the subject property to the T (Transitional) zone is consistent with the zoning on the contiguous property currently occupied with a mobile home park, and is an appropriate implementation zone for the proposed Medium Density land use designation of the Anaheim General Plan. 4. That the proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community. 5: That the proposed reclassification of subject property does properly relate td the zones and their permitted uses locally established in close proximity to subject property and to the zones and their permitted uses generally established throughout the community because it is consistent with the existing land use of the subject property. 6. That *'* indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition td subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and dyes 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 and together with any comments received during the public review process and further finding on the basis of the initial .study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby unconditionally approve the subject Petition for Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the City of Orange and to incorporate said described property into the (T) Transitional zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. 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. -2- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 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 June 25, 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 3- PC2007- ~v'1 m n ~ ~ h W ~ ~ ~ ~ z y U ~ I, . ~ J O 30N3ntl 3 T C Z ~ ' NI16Ill ~ " 3nN3nb d L N114n1 m a ~ 133tl16 ~~ ~ C Wn03nlB li3tl16 ~ l 6Stl10 ~ E L U ' ~^~\ ame tl3W3btlN .. a . ~ --.. w ~ ~~~ 133}ll6 `~.~ W00301B ~`~ a .~ :. a amn3lnoe ~ 3031100 1S 'Onl6 303110] ~• 16 p 133tl16 ~ p NOtlOtl m ' li3ill6 ~ J I siM3l r W p ~ Stl3 ~ ~' 133tl16 p if31 ' N Q Q 6tlN a L o . w ~ ~ OA1B ~ Z amn3lnoe noetlbN C WI3mNtl J ~ ~ r ante tlO6tltlH 133lll6 W C U ~ . ~~ 163M W C ~ fq C J ' •,J .133uic _ H1NIN C ~ ~ C 133tLL6 O ~ ~ • V llJn3 a1 3 C _ J ( 0 ~ !^ 1 f l 133lll6 . ~ 000M1nN 133lll9 ~~ 133b16 16tlnNN00tl0 {~• ~ ` )" 16tlONN00tlB C < }6 L+ 133lll6 ~ ~f.i 1tl36110 ~ -----,- 133tl16 ~ ~ 1tl36110 x 30N3Atl 3fIN3Atl tlIlONOtlW tlIlONObrv 3(IN3Atl 31Y0 31W3ntl 31b0 omn3inoe omn3lnae IYJb36 N']tl36 C' 3fW3ntl 3nN3nb N63is3x Ne3ss3M Yv 1 3nN3ntl uoNN 3nN3nb llpNN „ ~~ ~~ (t~ U~ 0 ~ ~ ~ ~ ' ~~.. ~ ~ O Z¢ ~ 1 U ~ t q J ~ ~ W' Z~ ~ ~~ Sb ~~ ~ ¢ 6 ~¢ ~~ g 0 ~ 1 ~ ~ 1 ~ $ a ¢ c 6 a Attachment -Item No. 5 General Plan Amendment No. 2007-00459 Land Use Element PARCEL A - 0.07 acres ~y ~~ Open ~-~ .r Space v ~v °` ~ ~ e=e Q~e o~ Mixed Use Open Space ORANGEWOOD AVE 3 n z Mixed Open mm Use Space ~ Existing Land Use Designation -Open Space Figure 2 by av ~' Mixed Use ~~ ~~ eke 2~~ ~e Mixed Use Open Space ORANGEWOOD AVE 3 v D A Mixed Open m Use Space ~`~, N Proposed Land Use Designation -Mixed Use Figure 3 2539 a N z /~ VI Ljy d o d ~ ® 2 m p O ® N E ~ cG ~ O m ~ t Yq S ~y ~.~,~n V W ® (~ ,~f s 1 O U, ~ O Z ~ ~2° Q ~ ~ ~ ~ C/] L{ ~~ ~ ® = Z K O w U a' ~~ o m O v ~ ~ g Oa ~ ~ ~~ pV ~~ 8'.. ~ ® '/~~ ~ Ow n t b ~~ Ow V, I®I ~ ® ~ JZ O Q w O n O x JZ Q W ¢iF E E WT ¢~- ~' ~ m0 U U 00 c a ~ o p w o ~ ¢a ay > ¢d a~ °¢o ¢a C ai Q p S1ity ~ ~a O ~ C N as O y . ~ ~y a ~ ~ 'e __ ~, dd y K ~ ~ K_ ~~~ STR RAMP ART ~ _ Z w ~ m o a ., ~ ® o O ~ ® ~ o N E u ~ ~..p V ~y i.n ~ M! ® f~ Hq ~ o ~ OV ~ i° Q ~ i.-I . YLLd Z K ~O ~¢ d _~ oO o ^ ~ ® ~ Z za ~ EF ~ z~ c ~~ _ R ® ~ ® ~ ~z c c ~Q :1 ~"~ p~ '~ ( ~ l/1 W ~ ~ ~ LtJ ~ ~ E N W ~€ ¢ r m0 U U m0 W W ~ W ~ ~ ~~ryry iJ Od N Oa ny a ¢o °Go ~'i b ~ ~,~S ~yO~ b`V R ~ ~,a. ~ UJ d 'C C 'O m m .- ~~ y r ~= Q {E ~ ~ y Yl d v ~ 0- G~1 d '~ ~ z O 0 a o ~ ~ General Plan Amendment Plo. 2007-00459 Land Use Element Attachment - Ilem No. 5 PARCEL 13 - 394 s.f. CITY pF ORANGE Low Medium Density Residential Medium Density Residential ~~ ~~ ~~ U~ Q cj1y UMtts ~ A pRA GE GIN UMt15 oN PEE N Existing Land Use Designation -CITY OF ORANGE -Low Medium Density Residential Figure 4 Proposed Land Use Designation -Medium Density Residential Figure 5 2539 SKETCHERS C OALSAM AVE ~rl n x U 4 DU 13 DU I RM-4 ~ ~ U AR 150 C-G RCL 7475-24 CUP 1928 CUP 1764 CUP 399 SYCAMORE PLAZA. NEIGHBORHOOD SHOPPING CENTER GG Q W J m W W J J ~ c W o Q f-- RCLR57S6-31 4 DU EACH ~ ~ ~ ~ ~ q pU 3 DU RMl U _ RCL 57-SB-31 RCL 666L15 CUP 2126 PARKING m q GG ~ " RCL 80-61-15 ~ ~ RCL 66-67-56 U 4 BANYAN DR w 7 v RCL 57-58-16 VAR 2037 CUP 200505045 VAR 1912 S CUP 2003-04742 pCN 2005000 T-CUP 2007-05218 pCN 2003-000 T-CUP 2003-04726 ( ) CUP 3425 CUP 2001-04451 ) (CUP 2758 CUP 2007-04433 (CUP 23391 CUP 3642 (VAR 2136 SS CUP 2609 (VAR 7960 S CUP 7605 GRANADA cuc lass 50UARE J a ~ = x NV ~ N~ NW. ~~ X70 ~ w Q ~ BANYAN LN RM-4 RCL 87-88-30 VAR 3732 GPA 346 APARTMENTS 92 DU f- W W f- rn U IWI- w F VAR 32651 V-3265 ~® 540'-®j LA PALMA AVENUE T CUP 1675 CUP 102 CHURCH PRE-SCHOOL C-G RCL 65-66-72 RCL 61-fi2~36 RCL 54-55-21 CUP 606 CONROV6 d Conditional Use Permit No. 2001-04451 TRACKING NO. CUP2007-05218 Requested By: RICTHER FARMS TRUST ,Z PI 1084 and 1086 North State College Boulevard - J.C. Fandango 10297 T ~ FiMi mi4~=O ~ 1:L0 5`J VAR 865 4DU RCL 70-71-52 o 5DU ~1p ~d~ U K RCL 559-36 nn VAR 1146 tRes. o(Inl. to RS-7200) 1 DI VAR 865 VAR 2734 VAR 1245 1 DU EAC 1 DU EACH ~ 0 NORTH REDWOOD DR N Subject Property Date: June 25, 2007 Scale: 1" = 200' Q.S. No. 111 ~ .t p`n~ A # ~~ DI7 DR -~^- Date of Aerial Photo: Conditional Use Permit No. 2001-04451 TRACKING NO. CUP20 07-0 521 8 Requested By: RICTHER FARMS TRUST 1084 and 1086 North State College Boulevard - J.C. Fandango Subject Property Date: June 25, 2007 Scale: 1" = 200' Q.S. No. 111 fazs~ Staff Report to the Planning Commission June 25,2007 Item No. 6 6a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 6b. CONDITIONAL USE PERMIT NO. 2001-04451 ' (Resolution) frRACKING NO: CUP2007-05218); SITE LOCATION AND DESCRIPTION: (1 } This 7-acre property is identified as 1084 and-1086 North State College Boulevard. The property owner is Richter Farms Trust and thte applicant is the business owner, J. C. Fandango. REQUEST: (2) The applicant requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a ime limitation to retain apreviously-approved restaurant wtfi'on-premises sale and consumption of alcoholic beverages and public. entertainmenfunder the authority of Code Section No:`18.60.180. BACKGROUND: (3) This property is developed with an existing 86,446 square foot commercial center with 30 tenant spacesand is zoned General Commercial (C-G)` The General Plan'designates this .property for General Commercial land uses. ' (4) Conditional Use Permit No. 2001-04451 (to permit a restaurant with public entertainment andbn-premise sale and consumption of alcoholic beverageswith waiver dfminimum number of parking spaces) wasoriginatlyapproved for one year by the Planning Commission oh November 5, 2001; to'expire on November 5;2002. On December 2, 2002', the Planning Commission reihstated the nightclub for four years. Resolution No: PC2002:174', adopted jn conjuhdtioh with this reinstatement, contains the following oohdition of approval "1. =That this. conditional use permit shall expire on November 5; 2006:' DISCUSSION: (5) The applicant has submitted a request to reinstate Conditional Use Permit No. 2001-04451, td permit a restaurant with public entertainment and on-premise sale and cohsumptioh of alcdholic beverages fog one yeas (6) In order to demonstrate that the findings required for reinstatement of this use have been satisfied, the applicant has submitted the attached Justification for Reinstatement foam: The applicant states that the permit is being exercised substantially in the same manner and in conformance with all conditions of approval: The applicant further states that he is requesting a oneyear extension' as he will be relocating the establishment within the year. Case Planner: Della Herrick CUP2007-05218 SRPC6/2507 Page t Staff Report to the Planning Commission June 25, 2007 Item No. 6 (7) .The Community Preservation Division indicates that ho complaints have tieen received Page t Staff Report to the Planning Commission June 25, 2007. Item No. 6 (c) That the size and shape of the site for the modified use is adequate to allow the full development of the propdsed use in a manner not detrimental to the particular area or to the health and safety; (dj 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 conditional use permit under the conditions imposed, if any, will not be detrimehtal to the health and safety of the citizens df the Cityof Anaheim. {11) Section 18.60.180.030 of the Zoning Code requires that an approval of a reinstatement shall be granted only upon the applicant presenting evidence to establish the following findings (a) The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist; (b) The permit is being exercised substantially in the same manner and in' conformance with all conditions and stipulations originally approved; (c) The permit is being exercised in a manner nbt detrimental to the particular area and surrdunding and uses; nor to the public peace, health, safety and general welfare; and (d) With regard only to any deletion of a time limitation; such deletion is appropriate: because it has been demonstrated that the use has operated in a manner that is appropriate ih the underlying zone and the surrounding area and thafthe periodic review of the use is no longer necessary and/or that itcart be determined that, due to changed circumstances, the use is consistent with the City's Jong-term plans for the area: RECOMMENDATIONr (12) Staff recommends that the Planning Commission take the following actions:: (a), By motion, determine that the project is Categorically Exempt -Class 1. (b) By resolution approve the request to reinstate Conditional Use Permit No. 2001- 04451 (Tracking No. CUP2007-05218). Page 3 [DR,4FT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001-04451 (TRACKING NO. CUP2007-05218), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-174 ADOPTED THEREWITH (1084 AND 1066 NORTH STATE COLLEGE BOULEVARD-J.C. FANDANGO) WHEREAS, on November 5, 2001, the Anaheim Planning Commission, by its Resolution No. PC2001-155 approved Conditional Use Permit No. 2001-04451 to permit a restaurant at 1084 and 1086 North State College Boulevard with public entertainment and on-premises sale and consumption of alcoholic beverages with waiver of minimum number of parking spaces (537 spaces required; 518 spaces approved); for one year, to expire on November 5, 2002; and WHEREAS, on December 2, 2002, the Anaheim Planning Commission, by its Resolution No. PC2002-174, did reinstate and approve Conditional Use Permit No. 2001-04451 and did amend the conditions of approval of Resolution No. PC2002-174 adopted in connection therewith; and WHEREAS., said Resolution No. PC2002-174, as previously amended, includes the following condition of approval: "1. That this conditional use permit shall expire on'November 5, 2006:' WHEREAS, this property is currently developed with an 86,446 square foot commercial retail center with 30 tenant spaces, including the subject restaurant (J.C. Fandango); that the restaurank is zoned C-G; and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain a previously-approved restaurant with public entertainment and on-.premises sale and consumption of alcoholic beverages, pursuant to Code Section 18.68.160 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 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 amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts; 1. That the proposed reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation to retain apreviously-approved restaurant with public entertainment and on-premises sale and consumption of alcoholic beverages is properly one for which a conditional use permit is authorized under authority of Code Section No. 18.08.030:040.0402 (Restaurant with sales of alcoholic beverages) and Section 18.6p.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code 2. That the Police Department and Community Preservation Division indicates that no complaints have been received regarding the operation of this business and that the previously-approved conditions of approval are being complied with, and that the property is being properly maintained 3. That the reinstatement, as amended and conditioned, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. PC2007- -1- 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 5. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area 6. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 7. That "` indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1 (Existing Facilities)., as defined in the State CEQA Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2001-04451 to retain a previously approved restaurant with public entertainment and on-premises sale and consumption of alcoholic beverages. BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. 2002-174, pertaining to Conditional Use Permit No. 2001-04451, as follows: Prior to final building and zonino inspections the following conditions shall be comalied with• 1. 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 2, and as conditioned herein. 2. That the applicant shall file an Emergency Listing Card, Form APD-281, with the Police Department. General Conditions: 3. That a valid business license shall be maintained with the City of Anaheim, Business License Division of the Finance Department. 4. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of the proper permits as required by the Anaheim Municipal Code. 5. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 6. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties; and that the entertainment provided shall not be audible beyond the indoor area under the control of the licensee(s). 7. That at anytime when the premises are providing entertainment, the licensee(s) shall provide adequate licensed uniformed security guard(s) as determined by the Police Department for the interior and parking lot to shall maintain order thereon and to prevent any activity which would interfere with the quiet enjoyment of the patrons and nearby residents. -2- 8. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, deliveries and in cases of emergency. 9. That the on-site security officer(s) shall periodically monitor the rear of the property to ensure that - -- no loitering or illegal dumping occurs. 10. That loitering shall be prohibited on or around these premises. 11. That the parking lot serving the premises shall be equipped with lighting of sufficient pdwer to .illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 12. That no pool tables, amusement devices or video games shall be maintained within subject establishment without issuance of proper permits as required by the Anaheim Municipal Code. 13. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan. scheme or conspiracy. 14. That there shall be no public telephones on the premises located outside the truilding. 15 That no window signs shall be permitted: 16. That all trash generated from this facility shall be properly contained in trash bin(s) kept within approved trash enclosure(s). The number of bin(s) shall be adequate and the trash pick-up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner. 17. That the plan sheet for solid waste storage, collection and recycling shall be maintained as approved by the Public Works Department, Streets and Sanitation Division:. 18. That the on-site trash truck turn-around area shall be maintained in conformance with Engineering Standard Detail No.610; and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. 19. That no vending machines shall be permitted on the property, which are visible to the public right- of-way. 20. That no fliers or handbills advertising subject establishment shall be posted or otherwise permitted on public property (e.g„ utility poles or utility boxes) in the City of Anaheim. The business owner shall reimburse the Code Preservation Division for any costs to remove such handbills. 21. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section 18.08.030.040.0402 pertaining to the CG (Commercial General) Zone. 22 That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. -3- 23. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance and removal of graffiti within twenty four (24) hours from time of occurrence. 24. The licensee(s) shall be responsible for maintaining the area adjacent to the premises over which.. said licensee has control free of litter, trash or debris. 25. That signage for subject facility shall be limited to all legal existing signs as of the date of this resolution. Any additional signage shall be subject to review and approval by the Planning Commission as a 'Reports and Recommendations' item. 26. That at all times when the premises are open for business, the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurants. 27. That full and complete meals shall be served whenever the privileges of the'Alcoholic Beverage Control' license are being exercised. 28. That no 'happy hour' type of reduced price alcoholic beverage promotion shall be allowed. 29. That the applicant shall continue to maintain the ratio of food sales to beverage sales such that the quarterly gross sale of alcoholic beverages shall not exceed the gross sale of food during the same period commencing with the 2 quarter of 2003. The licensee shall at all times maintain records which separately identify the gross sale of food and the gross sale of alcoholic beverages of this licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Anaheim Police Department on demand. 30. That the rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises except during emergencies. Temporary use of these doors for delivery of supplies does not constitute a violation. 31. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 32. That no person under the age of twenty one (21) years shall sell or deliver alcoholic beverages. 33. That licensee(s) shall not share any profits, or pay any percentage or commission, to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 34. That the hours of operation shall be limited to 6 p.m. to 2 a.m., daily. 35. 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. 36. 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. -4- 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. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 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 June 25, 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- Attachment -Item No. 6 RESOLUTION NO. PC2002-174 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT N0.2001-04451, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-155, ADOPTED THEREWITH WHEREAS, on November 5, 2001, the Anaheim City Planning Commission did, by its Resolution No. PC2001-155, approve Conditional Use Permit No. 2002-04451 to permit a restaurant at 1084 and 1086 North State College Boulevard with public entertainment and on-premises sale and consumptibn of alcoholic beverages and with waiver of minimum number of parking spaces (537 spaces required, 518 spaces approved); and that Condition No. 1 of said resolution specifies that the use permit shall expire one year from the date of the resolution on November 5, 2002; and WHEREAS, this property is developed with an 86,446 sq.ft. commercial retail center which has 30 tenant spaces, including subject restaurant (J.C. Fandango); that the underlying zoning is CL (Commercial, Limited); and that the Anaheim General Plan designates the property for General Commercial land uses; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain public entertainment and on-premises safe and consumption of alcoholic beverages in conjunction with the existing restaurant pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 4, 2002, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence far and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and that said public hearing was continued to the November 18 and December 2, 20D2 Planning Commission meetings; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use, as proposed to be reinstated, is properly one for which a conditional use permit is authorized by [he Zoning Code. 2. That the proposal, as amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located; and that the use permit has been operated in substantially the same manner as originally approved by the Planning Commission and that the facts necessary to support each and every required showing for the issuance of this entitlement exist. 3. That the size and shape of tha site for the use, as proposed to be reinstated, is adequate to .allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare; and that there are no outstanding Code violations or complaints regarding this property and the conditions of approval ere being complied with and, therefore, the use permit is not being exercised in a manner detrimental to the surrounding land uses. 4. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That this conditional use permit Is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and that the petitioner has taken steps to conform with the conditions of approval, as evidenced by information provided by the Anaheim Police Department; and that due to a lower number of calls for service, the Police Department does not oppose this reinstatement. CR5508DM.doc -1- PC2002-174 7. That one person spoke in opposition to the proposal at the November 4, 2002 meeting; and that one letter in opposition was received at the November 18, 2002 meeting. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING; The Planning Director's _ authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ("EIR") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commissiori does hereby reinstate and approve Conditional Use Permit No. 2001-04451 for a period of four years until November 5, 2006; and. BE IT FURTHER RESOLVED, that the conditions of approval in Resolution No. PC2002-155, adopted in connection with Conditional Use Permit No, 2001-04451, are hereby amended in their entirety to read as follows: 1. That this conditional use permit shall expire on November 5, 2006. 2. That a valid business license shall be maintained with the City of Anaheim, Business License Division of the Finance Department. 3. That there shall be no IWe entertainment, ampliFled music or dancing permitted on the premises at any time without Issuance of the proper permits as required by the Anaheim Municipal Code. 4. That the sale of alcoholic beverages for consumption off the premises shall be prohibited. 5. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties; and that the entertainment provided shall not be audible beyond the indoor area under the control of the licensee(s). 6. That at anytime when the premises are providing entertainment, the licensee(s) shall provide adequate licensed uniformed security guard(s) as determined by the Police Department for the interior and parking lot to shall maintain order thereon and to prevent any activity which would intertere with the quiet enjoyment of the patrons and nearby residents. 7. That all doors serving subject establishment shall comply with the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingresslegress, deliveries and in cases of emergency. 8. That the on-site security officer(s) shall periodically monitor the rear of the property to ensure that no loitering or illegal dumping occurs.. 9. That loitering shall be prohibited on or around these premises. 10. That the parking lot serving the premises shall be equipped with lighting of sufficient power to lllum(nate and make easily dlscemlble the appearance and conduct of alt persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. 11. That no pool tables, amusement devices or video games shall be maintained within subject establishment without issuance of proper permits as required by the Anaheim Municipal Code. 12. That the business operator shall comply wish Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to sclicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan., scheme or conspiracy. 13. That there shall be no public telephones on the premises located outside the building. -2- PC2002-174 14. That no window signs shall be permitted. 15, That all trash generated from this facility shall be properlycontained in trash bin(s) kept within approved trash enclosure(s). The number of bin(s) shall be adequate and the trash pick-up shall be as frequent- - - as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Code Enforcement Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up shall be paid for by the business owner 16. That the plan sheet for solid waste storage, collection and recycling shall be maintained as approved by the Public Works Department, Streets and Sanitation Division. 17. That the on-site trash truck turn-around area shall be maintained in confomtance with Engineering Standard Detail No. 610; and maintained to the satisfaction of the Public W orks Department, Streets and Sanitation Division. 18. That no vending machines shall be permitted on the property, which are visible to the public right-of- way. 19. That no flyers or handbills advertising subject establishment shall be posted or otherwise permitted on public property (e.g., utility poles or utility boxes) In the Clty of Anaheim. The business owner shall reimburse the Code Enforcement Division for any costs to remove such handbills. 20. That any existing or proposed roof-mounted equipment shall be subject to the screening requirements of Anaheim Municipal Code Section 18.44.030.120 pertaining to the CL (Commercial, Limited) Zone. 21. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor use. 22. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance and removal of graffiti within twenty four (24) hours from time of occurrence. 23. The licensee(s) shall be responsible for maintaining the area adjacent to the premises over which said licensee has control free of Utter, trash or debris, 24. That signage for subject facility shall be limited to all legal existing signs as of the date of this resolution. Any additional signage shall be subject to review and approval by the Planning Commission as a 'Reports and Recommendations' item, 25. That at all times when the premises are open for business, the premises shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered In such restaurants. 26. That full and complete meals shall be served whenever the privileges of Ite'Alcohdlic Beverage Control' license are being exercised. 27. That no'happy hour' type of reduced price alcoholic beverage promotion shall be allowed. 28. That the applicant shall continue to increase the ratio of food sales to beverage sales such that the quarterly gross sale of alcoholic beverages shall not exceed the gross sale of food during the same period commencing with the 2nd quarter of 2003, The licensee shall at ail times maintain records which separately identify the gross sale of food and the gross sale of alcoholic beverages of this licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Anaheim Police Department on demand. 29. That the rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, end shall not be used as a means of access by patrons fo and from the licensed premises except during emergencies. Temporary use of these doors for delivery of supplies does not constitute a violation. -3- PC2002-174 30. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages or signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 31. That no person under the age of twenty one (21) years shall sell or deliver alcoholic beverages. 32. That licensee(s) shall not share any profits, or pay any percentage or commission, to a promoter or any other person, based upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders or the sale of drinks. 33. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as cbnditioned herein. 34. That within a period of two (2) months from the date of this resolution, the landscaping planter along the east property line shall be refurbished to the satisfaction of the Zoning Division. 35. 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. 36. That the hours of operation shall be limited to 6 p.m. to 2 a.m., daily. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of December 2, 2002. (Original signe~+ ~y ?aul Bostwick) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (Original signed by Eleanor' blorrisl SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on December 2, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2002. lOriginal signed by Eleanor Morris) SECRETARY., ANAHEIM CITY PLANNING COMMISSION -4- PC2002-174 PETITIONER'S STATEMENT Attachment -Item No. 6 JUSTIFICATION FOR REINSTATEMENT Section 18.60.160 of the Anaheim Municipal Code requires that requests for reinstatements or renewals of a time- limited permit shall be made in writing no later than six (6) months after the expiration date of the permit sought lo. be reinstated or renewed and must be accompanied by an application form and the required filing fee. 1. In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original approval of the entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist: 18.66,060 (Relative to Conditional Use Permits) Before the approval authority, or City Council on appeal, may approve a conditional use permit, It must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is required: .031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); .032 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; .033 That the size and shape of the site proposed for ttie 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 safely;. .034 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 .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim, 18.74.060 (Relative to Variances) Before any variance may be granted by the approval authority, or City Council on appeal, it shall he shown: .0201 That there are special circumstances applicable to the property, including size, shape, topography, location or sumouhdings, which do not apply to other property under identical zoning class cation in the vicinity, .0202 That, because of special circumstances shown in .0201, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity, 2. Said permit or variance is being exercised substantially fn the same manner and in conformance with all conditions and skipulations originally approved; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlyingzone and the surounding area and that the periodic review of the use in no longer necessary and/or that it can be determined that, due to changed circumstances, the use is consistent with the City's long-term plans for the area In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arive at a decision, please answer the following questions fully and as complete as possible. Attach additidnal sheets if additional space is needed. 1. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? Yes ^ No Explain: (over) CASE NO. Gk1P [d~. -~J~1 ° 0 4 4 51 2: Have the land uses in thep„,imediate vicinity changed since the issuan,._ of this use permit or variance? Yes^No© 3. Has any aspect of the nature of the operation changed since the Issuance of this use permit or variance? Yes^No© 4. Are the conditions of approval pertaining to the use permit or.variance being complied with? Yes© No ^ Explain: 5. "If you are requesting a deletion of the time iimitatiori; is this deletion riecessaryfor.the.contirwad operation ofthis use or:vadance? ' Yes^ No`~ Expiain:s,~e M-E 2~7oJLSt+c r o.f•..~. ~.-t:C Yt..'Y~ BtcGh)SL .ati cwt. t3E The applicant for this request is: ^ •Properly Owner Authorized Agent :JUN 2 5 207 Name of Property Owner or Authorized Agent (Pleas Print) ~~p Signature of Property Owner or Authored Agent Date Reinstatement appliption.doc Revised 9113/D4 4'~p11G1A~ ~:~(' p p', _ ~~ _~ ~- ,, ~~NnrU~i Anaheim Police Dept, 425 5. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714.765.1665 City of Anaheim ®~I~~ ~E~E~~TM~~~ Special Operations Division To: Della Herrick Planning Department From: Sergeant Mike Lozeau Vice Detail Date: June 1, 2007 RE: CUP 2007-05218 JC Fandango 1084-86 N. State College Anaheim, CA 92806 Attachment -Item No. 6 The Police Department has received an LD.C. Route Sheet for CUP 2007-05218. The request by the applicant is to amend conditions of approval to delete a time limitation and be able to reinstate their CUP for an additional 1 year period of time. The Police Department recommends approval of this request. All previous Conditions on their Conditional Use Permit and Alcoholic Beverage Control license still apply. Please contact me at extension 1451 if you require further information. t:\home\mmirwin\2007-0521 B JC Fandango.doc Attachment -Item No. 6 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: MAY 22, 2007 TO: DELLA HERRICK, ASSOCIATE PLANNER FROM: DON YpURSTONE, SENIOR CODE ENFORCEMENT OFFICER SUBJECT: J.C. FANDANGO, 1084-1086 N. STATE COLLEGE BLVD., ANAHEIM, CA. This memo is written in response to your request for a site inspection regarding J.C. Fandango Night Club located at 1084-1086 N. State College Blvd., Anaheim, Ca. requesting restatement of their Conditional Use Permit. Code Enforcement records indicate for the past year no citizen complaints have been received regarding this business. On Friday, May 18, 2007, I conducted an inspection of J.C. Fandango Night Club and was met by the manager Mr. Hector Castellanos. During my inspection the business was open and operating within the conditions of approval for Conditional Use Permit # 2001-04451. I would request the same conditions of approval be extended for a one year time limit. If you need further information regazding this matter, please feel free to contact me at ext. 4451. Item No. 7 yvrnni ~~ivial I I ( I I 10 DU ACH ~...~..... .... ..~ RCL 81-82-21 CUP 2341 APARTMENTS G~ RCL 76 77-03 GF - O ' RCL 53-54-27 6 s Du RM-3 RCL 89-90-54 RCL 81-82-21 CUP 2341 - APARTMENTS ®, RM-4 ~ RCL 57-58-28 RCL 53-54-27 +/~ APARTMENTS ~~ 280 DU ~ s ~ CE ~ O PLA LID RM-4 d T r RCL 54-55-6 6 RCLfi Bfi-112 a °'°- - [[ VAR 174 VAR 74 RCL 5354-27 58.57 8 CONVENIENCE y RM-4 tt 54-55-6 V 174 3 DU EA H - u ~ STORE RCL 54.55-6 ~ Anaheim PIaZa ~ ~T~UGUP 9405215 ~~ APARTMENTS DU ~ Y s Redevelopment Project Area ~ SALVATION ~, 200 z ~ ~ 792 C-G ARMY r m RCL 56-57-48 RCL 53-5427 CUP 81 AR 74 POST OFFICE eou Sou RCVa-7s-1s RCL 56-57-48 f .~-.--zsa'---~ NORTH STREET a: RCL 53-54-27 VAI VAR 2665 ? ~y.Ai ~ RM-4 RM-4 I- ~ RCL 74-75-19 RCL 74-75-19 W m RCL 56-57-48 RCl 56-57-48 ~ 3 RCL 5334-27 RCL 53-54-27 F T ~ ~ VAR 2665 VAR 2665 ~ - MONTE VERDE C~ ~ RCL 53-54-27 ~, ~ ® APARTMENTS RCL 56-57-08 PRICE ~'I CUP 811 Q ELEM. SCHOOL n m RCL 53-54-27. ~ ~ ~ K N ~ N PAR G LO ~ ry CRESCENT AVENUE ~ R 1 ~ ~ ~ O A Conditional Use Permit No. 940 Subject Property TRACKING NO. CUP2007-05215 Date: June 25, 2007 Scale: 1" = 200' Requested By: THE SALVATION ARMY O:S. No. 52 1515 West North Street lozss N of Aerial Pholo: I Conditional Use Permit No. 940 TRACKING NO. CUP2007-05215 Requested By: THE SALVATION ARMY Subject Properly Date: June 25, 2007 Scale: 1" = 200' Q.S. No. 52 1515 West North Street 10296 Staff Report to the Planning Commission June 25, 2007. Item No. 7 7a. CEQA CATEGORICAL EXEMPTION -CLASS 3 !, (Motidn) 7b. WAIVER OF CODE REQUIREMENT (Motion) 7c. CONDITIONAL USE PERMIT N0: 940 (Resolution) (Tracking No: CUP2007-05215) SITE LOCATION AND DESCRIPTION: (1) This 3.2-acre property is identified as 1515 West North Street and is occupied by the Salvation Army; the property owner: The applicant for this request is Terry Jacobson; the architect. REQUEST: (2) The applicant requests approval to amend exhibits to permit a worship center addition to an existing Salvation Army community center facility under authority of Code Sectipn No. 18.06.030.040.0402 (Communityand Religious Assembly) with waiver of the following provision: SECTION N0. 18.42.040.010 Minimum number of parkind spaces: f261 Yequired 153 proposed) BACKGROUND: (3) This property is currently developed: with a Salvation Army community center and is located in the Multiple=Family Residential (RM-4) zone: The General Plartdesignates this property and the property to the east for Medium Density Residential land Lses. The property td the. nortft; across the flood control`channel, is designated for Low-Medium Dehsity Residential land uses; the property to the sduth; acrossNortfi Street, is designated for School land` uses, and the property to the west, across Loara Street; is designated for Institutional land usesS Case Planner: Scott Koehm : CUP2007-05215gsk_SR_PC062507 Page 1 Staff Report to the Planning Commission June 25, 2007 Item No. 7 (7) No changes are proposed to the existing community center portiori of the building. As indicated in the floor plans, the community center consists ofmulti-purpose rooms, classrodms; offices; a pool, gymnasium; lackerrooms;dounges; storage rooms, restrooms, `and showers: The floor plans indicate art existing basement used for7ecreational games, crafts, a check-in desk,'and equipment storage. The second floor contains meeting rooms and offices (refer to flcor plans, Exhibits Noss 2-4). (8) Photographs and staff inspections indicate well-maintained mature trees, shrubs, and turf in 'the landscape plantersalong Ndrtfi Streetand Loara Street and in the parking lot landscape planters: No changes to the landscaping'ara proposed.:` (9) The applicant has submitted a letterof operation describing the church and community center operations. `-The proposed church operation will consistbf two main worship servides of 6[OO p.m Saturday everings and 11:00 a:m: Sunday mornings, with Sunday school offered:during those times: The church will also have small group, meetings during the week and a recovery meeting at6:00 p.mSon Tuesday evenings, The chinch offices will be open Mohday through Friday during the daytime: The communitycenternffers pool and: fitness classes, an'bff-track educationprogram, after'schootprograms, gymnasium use in the evenings, weekend use of the: pool;;and office uses Monday through Friday. The church and cdmmunity8enterw1ll be using the'same facility and parking at different times and will noYcdnflict with each dther's schedules: The detailed letter of operation has baen attached to this report. (10) The site plan indicates a total of 153 on-site parking spaces. Code requires 261 parking spaces for this' property tiased on the following ratios: ,Use S4uare f :Code Parking RequiFemertE (par 11000 ~' Par"king ~:~ ~~ Feet {s f) s f ~ ~ r Spaces ~; s ~; :: .w. ~,,, ~ , ~' ~Re uir`etl;, Worship Center ~~ 5,184~s.f. 29 spaces per 1,OOO~square feet of 150 assembl area Ldbti area 1,764 s.f. 4 s aces er 1,000 s uare feet T ' Stdra a and Meaanlne 1;339 s.f. 1.55s aces ar-1,000 s uare feet 2 Total for Proposed Addition " 159 Existing Salvation Army Community... 102 spaces required per CUP 940 102 Center Total spaces required 261 (11) There are no outstanding code violations associated with the property. 'ENVIRONMENTAL IMPACTANALYSIS: (12) Staff has determined that the proposed project is categorically exempt from CEQA and no additiohal environmental ddcumentation is roquired. Page 3 I .. Staff Report to the Planning Commission June 25, 2007 Item No. 7 EVALUATION: (13) The existing Salvation Army was approved by Conditional Use Permit No 940. Tfiis entitlement required a total of 102 parking spaces for the use. The proposed addition to the Salvation Army facility would increase tfie parking requirement by 159 spaces, for"an overall requirement of 261 spaces. The applicant submitted a parking study evaluating the required, parking for both the ohurch and community center uses. The study concludes that there wduld be a peakparking demandbf 150 spaces during the Sunday church services ::.and 153 parking spaces would tie provided on the property. The community center will operate during the weekdays and Saturday morning and afternoon and will have a lower parking demand' antl trip generation rate compared to the worship services on Saturday Highland Sunday morning: The City's' parking consultant reviewed the study and determined that the propdsed parking supply woultl tie adequate for the proposed uses, provided that the church and community center use tfie same facility at different times during the week: Based upon the following findings`and conclusionscontained in the parking'study; staff recommends approvalbf this.waiver: (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 ofsuch spaces necessary to accommodate alf vehicles attributable to'such use under the normal and reasonable foreseeable conditions ofoperation ofsuch use. The parking lof will accommodate the worship. center and community center at different times during the week,'and the two uses will not operate'concurrently. Based upon this shared: parking cdncept published by the Urban Land Institute, it is estimated tfiaf the parking providedwould satisfy all foreseeable parking needs. (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. The number of parking spaces provided was determined to be sufficient for the site and there should be no parking on adjoiningproperties or upon the public streets. (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:" Alf church and bommunity center parking can be accommodated on the proposed parking lot and there should be no parking impacts on adjoining properties.: (d) That the waiver, under the conditions imposed, will not increase traffic congestion wfthin the off-sheet parking areas or lots provided for such use. Because the peak parking or trip generation times willoccur on Sunday morning and Saturday evening; there will be virtually no change: in traffic congestion as a result of the project. The community center will operate' during the weekdays and Saturday morning end' afternoon and will have a lower parking demand and trip generation rate compared to the worship services on Saturday night and Sunday morning. Page 4 Staff Report to the Planning Commission June 25, 2007 Item No. 7 (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 theproposed use. There will be no impact upon vehicular ingress oregress from adjacent properties or upon the public streets in the immediate vicinity of this project. (14) The Salvation Army facility has been operating at this location as a youth center since 1996 with a pool; gymnasium; fitness center and has provided after school' and off-track school 'programs for children:. The proposed facility will continue td provide these services in addition to the proposed churcH services:. Staff believes that the facility would be an asset to the communityand would be compatible with the surrounding neighborhood. Therefore, staff is supportive of the applicant's request to amend the Conditional Use Permit to allow a worship center addition to the existing Salvation Army community center facility. FINDINGS: (15) Section 18.42.110 of the 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 accbmmodate all vehicles attrioutable to such use under. the normal and reasonable foreseeable conditions of operation of sudn 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 upbn adjacent private property in the immediate vicinity of the proposed use. (d) That the waiver, under the conditions imposed.; will not increase traffic congestion within the off-street parking areas or lots provided for such use. (e) That the waiver; under the conditions imposed; will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. 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 ircconfonnance with the assumptions relating to the operation and .intensity of the use as contained in the Parking Demand Study that formed the basis for approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking Demand Study shall be deemed a violation bf the express conditions imposed upon the waiver, which shall subject the waiver to revocation or modification pursuant to the provisions of Section 18.60.200 (City-Initiated Revocation or Modification of Permits). Page 5 Staff Report to the Planning Commission June 25, 2007 Item No. 7 (16) Before the Planning Commission grants any conditional use permit, it must make a fihding ' of fact that the evidende presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted'Uses Pe~mttedj df Sectiotr 18.fifi.040'(Approval Authority); (b) That the use will not adversely affect the adjoining land uses or the growth and developmeritbf the area in which it is proposed to be located; (c) That the size and shape bf the site'for the use is adequate to allow the full development of the proposed use in a manlier not detrimental to the particular area or td the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any; wilt ndt be detrimental to the health and safety of the citizehs of the City of Anaheim. RECOMMENDATION: (17) Staff recommends that the Planning Commission take the following actions: (a) By motion, approve a CEQA Categorical Exemption -Class 3. (b) By motion, approve the waiver of minimum number of parking spaces. (c) By resolution, aoprove Conditiortal Use Permit No. 940 (Tracking No. CUP2007- 05215). Page 6 [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 940 (TRACKING NO. CUP2007-05215) BE GRANTED (1515 WEST NORTH STREET -SALVATION ARMY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A, AS SHOWN ON A MAP FILED IN BOOK 9, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 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 proposal to amend exhibits to permit a worship center addition to an existing Salvation Army community center facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.06.030.040.0402 (Community and Religious Assembly) with waiver of the following provision: SECTION NO. 18.42.040.010 Minimum number of oarkino spaces. 261 required; 153 proposed) 2. ..That the above-mentioned waiver, under the conditions imposed, will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable operation of such use. 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, as indicated in the updated parking study submitted by the applicant. The City's traffic and parking consultant reviewed the parking study and determined that the parking would be sufficient to accommodate the proposed church and community center because the two uses would not operate at the same time and there are enough spaces to provide for each use independently. 4. That the waiver will not increase the demand and competition for parking spaces upon, adjacent properties in the immediate vicinity of the proposed use since all parking is contained on-site within the property boundaries. 5. That the waiver will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses as ingress and egress to the site would be provided via two (2) driveways along North Street and Loara Street. 6. That the proposed church and community center, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site was formerly developed with a similar land use with no adverse affects to adjoining land uses. Cr\PC2007-0 -1- PC2007- 7. That the size and shape of the site for the church and community center 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. 8. That 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 and will provide a land use that is compatible with the surrounding area 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 Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, 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 safety of the Citizens of the City of Anaheim: Prior to issuance of building permits the following conditions shall be complied with: 1. That a grading plan conforming to the requirements of Chapter 17.04 of the Anaheim Municipal Code shall be reviewed and approved by the City Engineer 2. That a pad certification submitted by the Registered Civil Engineer along with a soils compaction report prepared by a Registered Sails Engineer be approved by the City Engineer. 3. That prior to the issuance of a grading permit or building permit., whichever occurs first, the applicant shall submit a Water Quality Management Plan to the Public Work's Department, Development Services for review and approval Prior to final building and zoning inspections the following conditions shall be complied with: 4. That the existing trash enclosures shall be refurbished in accordance with Public Works Department standards. Said information shall be specifically shown on the plans submitted for building permits. 5. That an Emergency Listing Card, Form APD-281, shall be filed with the Police Department: 6. 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 8, and as conditioned herein. 7. That minimum 24-inch box sized trees shall be installed in the front setback areas along North Street and Loara Street in accordance with Zoning Code standards. Said information shall be specifically shown on the plans submitted for building permits. 8. That the parking lot shall be resurfaced and restriped in accordance with Engineering Standard Plan Nos. 4028, 436 and 470 pertaining to parking standards and driveway locations. Plans shall be submitted to the Planning Services Division for review and approval showing conformance with said standards. Subject property shall thereupon be developed and maintained in conformance with said plans: -2- PC2007- 9. The legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for a corner cutoff at the North Street and Loara Street intersection. 1 D. That the developer/property owner shall submit grading plans showing construction of a sidewalk .adjacent to the right of way line in conformance with Public Works Standard Detail Nos. 110-B and 160-A and install landscape and irrigation between the sidewalk and the curb. The construction details for the improvements shall be included on the grading permit and on the site plan prior to the issuance of a building permit. Prior to issuance of a certificate of occuoancy: 11. That the applicant shall demonstrate the following: o That all structural BMP's described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications; • That the applicant is prepared to implement all non-structural BMP's described in the Project WQMP, • That an adequate number of copies of the approved Project WQMP are available onsite; • Submit for review and approval an Operation and Maintenance Plan for all structural BMP's. General Conditions: 12. That the church and oommuhity center facility shall be operated as specifically described in the applicant's letter of operation and parking study. If at any time the operational characteristics of the facility changes or intensifies, a detailed description of the operational changes shall be submitted for review by the City's Traffic and Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, ah application for modification of the conditional use permit shall be submitted to the Planning Services Division for approval by the Planning Commission 13. 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 frpm adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant.materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. 14. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. 15. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles onsite. 16. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 3- PC2007- 17. 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. - = -- 18. That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVEp that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE'FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 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 maybe replaced by a City Council Resolution in the event of an appeal CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss.. CITY OF ANAHEIM ) I, Eleahdr Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 25, 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 -4- PC2007- Z E :: C G1 s v m w Q d O. O W a N d d .~ ~ a ~C V ~ _ O G N 0 O r V l'~O c Q ` N ~ L J ~ J a o U d Q ~ Y w d ~ ~ m U ~ ~ ~ a~ L ~ c+ Q .~ V "- 0 Q ~. y J ^ ~ C 7 U N ::. c ° a ~!] U ~ V O 1~ C n Lf) M •- C7 O V' O ~t O V' O V' O ~ O ~A ~ to In ~ C7 M a° °- o a a a a o a M O . O . O O ~ ® ~ O O O ~ O O O O O O O O O co ~ O ~ ~ r LL7 In N ~ ~ O O M H O O O O O O O O O O O O O O O c0 O ~ O W f0 aD c0 c0 a0 ~ y N U N N C~ U N U U N U N Qt U N j j 7 ~ O L L L L L (6 ~ U fn U ~ U U U U to 'O U O O O O U m ~ Z O ~ a i a i Q m m m m m o o, ;~ Q r n O ~' a O a O a O a O . r g o ~ O Z, O o O o O o O o O1 C >. '0 O1 L ~ C7 = m L ~ C7 - s ~ U - L ~ U - C~5 (9 = °1 C Eo 0 > C > t E O avi L E ~ E .c E ` r E > ~ cn w U cn ~ U cn v cn U cn U c~ w A l0 ~ ~ 'p d A '~ .a ~ ~ H ~S N LL N ~~ H ,GV n i 0 O d CL c.> C O a:+ w Q~ ~U ~ ~ 0 LL b ~ ~ .mac d ~ U ~ Q.~'cLi >, .e rn € ~ >. 0 E U ~ ~ ~ H N d ~ ~ ~ ~ N 0 r a 0 O t O O ~ a ~ ~ d a ~ ~ y O M O 0 0 O Yj +- CV ED ~ ~ N ~ 'p, ~ ~ i i i i ~ N (6 (6 d QS d O N `m 0 0 0 0 0 O ~- O O M O O O N c0 ap N CO cD `- ~ Vl U) Vi N N ~ C N a p Q a Q ~ E N N ~ N ~ O J T U U O 'C v ~ .c ~ t ~ o, °O "-' ° ° a ~ a ~ > - r c~ a o w ~ ~a E ~~ om ~O ~ o o ro fp ~ 0 .o m ~ a` ~ > .N C ~ ~~ s lL ~ ~ c n. ~' 08 u ~ c ~ d N v` U v v O 'O y ~ V Y V LL > >, E C ~ ~ ~ O ~ ~ fU ~ ~ ~ E d m C O ~ L d V ~ ~ ~ C m ~ N Z a ~ ?~ O Q d E ~ c o ~' A A v a L p m ~ y, 'a m c c ` a ~ ~r t l fn ~ + ,, I !A ~ ~ ~~ ~, 0 N 0 G,> IVO. tl ~ _ _ _ _ ORANGEWOOD AVENUE I {PTMU) RCL 99-00-15 RCL 66E7-14 RCL 62-63-09 RCL 56-57-93 INO. FIRM I (PTMU) CUP 2003-04000 RCL 99-00-15 RCL 00-09-27 {Ras of Intent to CO) RCL 82-03-08 T-CUP 2002-04541 T-CUP 2001-04339 T-CUP 2000-04234 CUP 4725 CUP 2003-04763 ZCA 2003-00025 SWAP MEET RCL 99-00-15 71 es. of Int. to SE) I RCL 2004-00127 j (Res. of Int. to O-H) RCL 99-00-15 C-G p RCL 66.67-14 - RCL 2004-00127 ~ RCL fit-63-09 (Res. of Int. to O-F Z RCL 56-57-93 RCL99-00-15 0. SMALL IND. _ RCL 66-674 0 FIRMS RCL 5fi-57-93 CUP 750 PARKING / ~ j T ~4 I VAR 2003-04587 L 0.L a RCL 2004-00127 ~ (Res. of Ini. to O-H ) ~ RCL 99-00-15 /~ RCL 77-78-0B 2 RCL 66-67-14 0 O RCL 56.57.93 ~ CUP 750 2 OFFICE 3 BLDG. ~O SMALL IMD "• . RCL 2004-00127 ® FIRMS ro I ~ SMALL IND. (Res. of In[. to O-H) Mt m RCL 56 57=93 " FIRMS RCL 98-00-15 VACANT °" f'%; CUP 2007-05217 RCL 77-78-0B OFFICE (SWAP MEET r VAR 2003-04554y RCL fib-fi7-14 BIOG PARKING) '~ tCUP 7120) (; - RCL 56-57-93 . SMALL IND.. CUP 750 '"FI~MSF° ANAHEIM CIIYLIM/TS 5® ORANGE CITY LIMITS I PARK ROYALS MOBILEHOME PARK /-~ 2198 South Dupont Drive 10301 1 RCL 99-00-15 RCL 66£7-14 RCL 62-63-09 RCL 56-57-93 CUP 2003-04702 SMALL IND. FIRMS x y~j ~^ _O$ mJ OJ 1 ON~ ~N I RCL 99-00-15 RCL 66-67-14 RCL 62-63-09 RCL 56-57-93 VAR 4206 SMALL IND. FIRMS ^ Z y I _ RCL 99-00-15 ~ ¢ RCL 56-57-93 ~ LL VAR 2003-09507 N SMALL IND. FIRMS ALL PROPERTIES ARE Conditional Use Permit No. 2007-05217 Requested By: AMIN AND HASINA LAKHANI 2198 South Dupont Drive ~; Y IV E PLATINUM TRIANGLE: Date$fAerial Photo: Juiy 2n05 Subject Properly Date: June 25, 2007 Scale: 1" = 200' Q.S. No. 119 ioso~ Staff Report to the Planning Commission June 25, 2007 Item No. 8 8a. CEQA CATEGORICAL EXEMPTION-CLASS 1 {Motion) 8b. CONDITIONAL USE PERMIT NO. 2007-05217 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This 1.1-acre property is identified as 2196 South Dupont Drive. The property owners aye Amin andNasiha LakFiani and applicant is the'business'owner, Peter Morris:' REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section No. 18:10.030:040.0402 (Dance and Fitness Studio, Recreation -Commercial Indoor) to establish a pfiysical fitness and therapy and indoor batting cage facility. BACKGROUND: (3) This property is currently developed with a concrete tilt-up building and is located within the Industrial (I) zone. The General Plah designates this property and the properties to the north, east, and west for Office-High land uses. The property to the south islocated within. the City of Orange and isdeveloped with a mobile homepark. PROPOSAL: (4) The applicant requests a conditional use permit to establish a business that includes two uses related to physical fitness. TfieseUSes would include a sports fitness and rehabilitation facility which is currehtly in operation at another location. The applicaht also proposes to offer basebatl'ahd softball tnstruction,Ltilizing multtpie pitching and hitting areas within'tfte interior of the building. The site plan indicates art approximate 26,000'- square foofbuilding with'parking'along the front and side of the'prbperty (refer to site plan- Exhibit No. 1). (5) Vefiicular access to the`site is provided via two driveways on Dupont Drive. "Code requires land'uses without a specified parking ratio tb cbmplywitfi requirements determined to be reasonablynecessary hrough a parking demahd study. The City's independent traffic and parking consultant prepared sparking study and concluded that the proposed fitness ; facility would Yequtre a maximum parking demand of 48 parking spaces for weekday operations and 22 parking spaces for weekend operations. The site plan indicates a total `of 57 on-site parking speces. (6) The Floor plan shows thafthe front portion of the building would be occupied by the fitness and rehabilitation facility and includes large physical fitness and weight training rooms: The rear of the building has a separate entrance and reception area and includes thirteen `.batting cages and a pitching area.` Case Planner. Elaine Thienprasiddhi SR CUP2007-05217ey[.doc Page 1 Staff Report to the. Planning Commission. June 25, 2007 Item No. t3 number of employees and customers for this use; therefore, staff recommends approval of the project, as conditioned in the attached draft resolution, FINDINGS: (12) Before the Planning Commission grants anyconditional use permit for the proposed physical fitness arid batting cage facility; it must make a finding: of fact that the evidence. presented shows that alf of the following conditions exist: (a) The uses within the project are compatible; (b) New buildings br structures related to the project are compatible with the scale; mass, bulk, and orientation of existing buildings in the surrounding area, provided. khe existing buildings conform with the provisions of this title; (c) Vehicular and pedestrian access aye adequate; (d) The project is consistent with applicable design guidelines adopted by the City; (e) 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; {f) 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; (g) The project complies with the GeneFal Plan and any applicable zoning or specific plan; and (h) The granting of the conditional use permit untler the conditions imposed, if anyj will not be detrimental to the peace, health; safety and general welfare of the citizens of the City of Anaheim." RECOMMENDATION: (13) Staff recommends that the Planning Commission take the following actions:. (a) By motion, aoorove a CEQA Categorical Exemption -Class 1 (Existing Facilities): (b) By resolution, approve Conditional Use Permit No. 2007-05217. Page 3 [DR~4FT] RESOLUTION NO. PC2007--`** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05217 BE GRANTED (2198 SOUTH DUPONT DRIVE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: - PARCEL 7, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SHOWN ON A MAP FILED IN BOOK 30, PAGE 34 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM ALL RIGHTS TO OIL, GAS, AND OTHER HYDROCARBONS AND MINERAL SUBSTANCES LYING UNDER OR THAT MAY BE PRODUCED FROM THE ABOVE DESCRIBED PROPERTY, TOGETHER WITH ALL RIGHTS TO THE PROCEEDS THEREFROM AND ALL RENTS, BONUSES AND PROFITS ACCRUING THERETO; WITHOUT, HOWEVER, THE RIGHT TO USE OR OCCUPY OR TO ENTER UPON ANY PORTION OF THE SURFACE AND 500 FEET BELOW THE SURFACE, MEASURED VERTICALLY FROM THE SURFACE OF SAID LAND, FOR THE PURPOSE OF DRILLING FOR, CAPTURING, PRODUCING, EXTRACTING, STORING, TREATING OR OTHERWISE HANDLING OR UTILIZING SUCH OIL, GAS OR OTHER HYDROCARBON OR MINERAL SUBSTANCES, S RESEARCHED IN DEED RECORDED OCTOBER 29, 1972 IN BOOK 10494, PAGE 484 OF OFFICIAL RECORDS. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 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 thetewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402 (Dance and Fitness Studio, Recreation -Commercial Indoor); and 2. That the proposed physidal fitness and batting cage facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is located; and 3. That the traffic generated by the facility would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. A parking study was prepared by the City's independent traffic and parking consultant, and the study concludes that the number of parking spaces provided would be adequate to support the number of employees and customers for this use; and 4. That granting this conditional use permit,Uhder the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That **` indicated their presence at said public hearing in opposition; and thatno correspondence was received in opposition to the subject petition. Cr\PC2007-0 -1- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby 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: Prior to issuance of a building permit or within a period of one 11) year from the date of this resolution, whichever occurs first, the following conditions shall be complied with; 1. That a trash enclosure shall be provided per City Standard in a location approved by the Department of Public Works, Streets and Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 2. That four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to the rooftop material and shall not be visible from ground level. Said information shall be specifically shown on plans submitted for building permits. 3. That a Fire Emergency Listing Card, Form APD-281., shall be completed and submitted to the Police Department. The form is available at the Police Department front counter. 4. That the property owner shall submit a letter requesting termination of Variance No. 2003-04554 (waiver of minimum number of parking spaces to permit and retain accessory outdoor storage) to the Zoning Division. Prior to final buildino and zoning inspections the followindconditions shall be complied with: 5. That the two parking spaces directly to the west of the westerly driveway shall be marked to indicate that they are reserved for the subject business. 6. That the gate separating the front and side parking lots shall be removed. 7. That the rear parking lot shall be resurfaced and restriped. ' 8. 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 and 2, and as conditioned herein. General Conditions: 9. That this establishment shall be operated as a physical fitness and rehabilitatibn and indoor batting cage facility. If at any such time the business is no longer operated as indicated herein, a detailed description of the proposed business shall be submitted for review by the City's Traffic and Parking Consultant to determine if the new use would cause fewer off-sVeet parking spaces to be provided than the number of spaces provided on site. If it is determined the expected demand is greater than the spaces provided on site, an application for a variance shall be submitted to the Planning Services Division for approval by the Planning Commission. 10. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from the time of discovery. -2- PC2007- 11. 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 12. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 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. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 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 an June 25, 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 -3- PC2007- May 1, 2007 RE: Letter of Operation for Conditional Use Permit 2198 Dupont St. City of Anaheim Planning Department Planning Services Division 200 S. Anaheim Blvd Anaheim, CA 92805 To Whom It May Concern: This letter fs written to establish a complete description of our proposed unique usage at 2196 Dupont St. Anaheim, CA. Sports Medicine Institute (SMI) has been in business at 2019 W. Orangewood Ave Orange, CA for the last B years running a sports medicine clinic. We are a unique clinic in that we specialize in the overhead athlete and specifically baseball and softball players. Our emphasis is on rehabilitation from Injury, strength and conditioning, and proper exercise Instruction for injury prevention. We have designed a soccer Injury prevention program (ACL prevention), and will be designing a youth baseball injury prevention program for the youth in the community. We currently utilize one "60 X 15 cage" area that is used for pitching and hitting instruction for both baseball and softball. Our goal is to move our existing business (SMI) and start another complementary business Sports Training Complex (STC) that would focus on baseball and softball Instruction (performance enhancement). The two compan(es are separate businesses but SMI will utilize some of the cages and space dudng the day for our clients who are performing their "throwing program" as they rehabilftate from. Injury (similar to our current usage with our existing cage in our present facility). The clients of STC would not normally utilize SMI as part of their "lessonfinstruction" unless they have an injuryand then they would be referred for a consultation during normal business hours. These shared uses would require a unique building that is large enough to accommodate multiple pflchingmitting areas, has high callings, and adequate parking. The hours of operation for SMI which is -7000 sglft would be 7-6 Monday through Friday. We currently have 11 employees at our office. We have four clinicians/trainers who schedule patients every half hour. We will typically see -50 clients a day Monday, Wednesday and Fdday. Three clinicians work 7- 6and 1 works 8-4 MWF. Tuesday and Thursday the staff is cut In half (4 day workweek) and we will typically see - 10-20 patients per day. We are not open Saturday or Sunday. SMI currently shares parking in an office park setting and utilizes - 20 spaces Monday, Wednesday, Friday at our peak hours (9 am -1pm). The hours of operation for the Sports Training Complex (STC) would be from -4-9 pm Monday-Fdday. Peak times for the instructors are from the hours of 6-9 pm. The reason for this is that most of the clientele will be youth baseball and softball players who are in school during the day. Also most of the Instructors work at their primary job during the day and provide instruction later in the afternoon as secondary Income. There will be - 15 employees (instructors) at the Sports Training Complex during this time. There will be occasional Saturday usage Infrequently. The below chart demonstrates the breakdown of hours and employees of the two companies. SMI STC M/wF7-4 1l employees 0 employees -40 dlents iv1WF 4-6 9 employees 15 employees -10 dienLS 15 dientsmr MWF 6-9 0 employees 15 employees 0 dlents 15 dienfslhr T(rH 7-0 5 employees O employees 12 dlents TlrH 4-5 5 employees 15 employees 5 dlents 15 dlenL4hr TlTli fr9 0 employees 15 employees 0 dients 15 dlentslhr Saturday 8.5 0 employees 5 employees (occasional) 0 dlenls 5 dlents We believe that the property located at 2198 Dupont St. has extremely good parking (- 57 spaces) due to the large side yard. This ample parking and the offsetting hours of the two businesses (only 2 hours of overlap at non peak times 4 - 6 pm) should alleviate any concerns regarding the parking availability. We believe that this usage fits In well for the general plan of the City of Anaheim and the close proximity of Anaheim Stadium and platinum triangle development. Thank you, _ P er Mo ' ice Presi ent Sports Medicine Institute Item No. ®~ x a n m RS-2 1 DU EACH ~ RS-2 1 DU EACH I I I KIMBERLY PL RS-2 1 DU EAC HOLGATE DR d U RS-Z RS-2 RS-2 1 DU EACH Z 1 DU EACH ~ ~ 1 DU EACH VAR 2fi33 J p RS -2 ~ ~ ~ 1 DU EACH ~ RS-2 = o i H' a n ~ 100 VAR 2007-04728 ~ ~ $ m w Z ~~ ~ TPM 2007-144 ti ~ d m ~ F- ~ 1DU = -~~~s r UP 3996 UP 3679 = UP 2430 F .UP 820 p3 'AR B3fi RS-2 RS-2 1DU EA 1DU EA Z F rn Variance No. 2007-04728 Tentative Parcel Map No. 2007-144 Requested By: JUAN CASTANEDA FRANCO 1774 South Canterbury Circle p~p~ III Itl I 10300 STELLA AVE RS-2 Z 1 DU EA Q K ADJ( O z Subject Property Date: June 25, 2007 Scale: 1" = 200' Q.S. No, 66 v: Variance No. 2007-04728 Tentative Parcel Map No. 2007-144 Requested By: JUAN CASTANEDA FRANCO Subject Property Date: June 25, 2007 Scale: 1" = 200' Q.S. No. 66 1774 South Canterbury Circle 10300 Staff Report to the Planning Commission June 25, 2007 Item No. 9 9a. CEQA NEGATIVE DECLARATION (Motion) 9b. VARIANCE NO. 2007-04728. (READVERTISED) (Resolution) 9c. TENTATIVE PARCEL MAP: NO: 2007-144 (Motion) SITE LOCATION AND DESCRIPTION: (1) This 0.37-acre property is identified as 1774 South Canterbury Circle. The property owner is Juan Castanedafra~co,'and the applicant is Bob Suleimani;'the architects REQUEST: ` (2) The applicant Yequestsapprovalbf the following applications: e Variance No. 2007-04728 - to construcYa single-family residence with the following + waivers: (a) SECTION NO: 18.04.040.010 Minimum lot area 7 200 square feettequired; 4534 square feet proposed) (b) SECTION N0. 18.04.060.010 `Minimum lot width. 70 feet required; 59.8 feet proposed) '(c) SECTION N0. 18.04.060 Minimum lot depth ediacent to an arterial highway. 120 feet required:; 54 feet proposed) (d) SECTION N0. 1 13.04.100.010.0101 ; ' Minimum front yard setback 20 feet required; 1818=20 feet:: proposed) (e) SECTION NO. 18.04.100:010.0103 Minimum dimensioh of tandem parking spaces. (?D foot length required; 17.5 foot length proposed) , • Tentative Parcel Mao No. 2007-144 - to establish a 2-lot, 2-unit detached single. family residential subdivision. BACKGROUND: (3) This property is developed with asingle-family residence and is located in the Single- Family Residential (RS-2) zone. The General Plan designates this property and all surrounding properties for Low Density Residential land uses. Case Planner; Kimtiedy Wong SRVAR2007-04728k1w Page 1 Staff Report to the. Planning Commission June 25, 2007 Item No. 9 (4) Building permits were issued in error for the construction of the: proposed single-family residence. Construction has ceased until property approvals,'such as this Variance and Tentative Parcel Map., are obtained by the applicant. The approved site plan indicated errdneous prdperty lihesand property dimensions. The residence was not constructed in conformance with approved plans: Therefore, waivers of minimum fronfyardsetback and minimum dimension of tahdem parking spaces are being requested by he applicant. (5) In 1997, the City acquired properties in the neighborhood abutting Katella Avenue as part of the Katella Avehue Smart Street Project and the Anaheim Resort Improvement Project. Homes on these parcels were demolistted and portiohs of the properties remained as surplus after completion of the project. Since the remnant parcels did not meet Zoning Code standards to accommodate hew single family,homes, the City sold the remnant parcels to the adjacent property owners: As a condition of the sale, the surplus parcels <r were combined with each contiguous property through a Lot Line Adjustment process. In 2001; a Lot Lihe Adjustment to merge two parcels into one parcel was recorded for the subject property. PROPOSAL: (5) The applicant proposes to subdivide theproperty into two (2) parcels In order to construct a new single-familyYesidehce. The site plan and tentativeparcef map indicate the foildwing ite characteristics: 'r Parcel ~ ~Cdt.Size. Proposed f; ~;"Lpt Ifihdtfi Pi'oposetl (x Lot Depth p~opdsed / ~ s ~ ~~` Re~ utreil" ~ ,=Re "uiFed, ~ ~ ~ ~ X ,,, Re'tiireif', ~ 1 7,217 s.f: / 7,200 s.f. 77.7 feet P 70 feet ~ 85 -100 feet from ~~ Canterbu Circle / NA 2 4,534 s.f.* /7,200 s.f., 59.8 feet* / 70 feet 54 feet from Katella' Avenue` / 120 feet 'Waiver ofcode requirement requested' Case Planner: Klmbedy Wong SRVAR2007-04726k1w Page 2 Staff Report to the Planning Commissioh June 25, 2007 Item No. 9 (9) Elevation drawings (ndcate a 2-story structure with a' maximum heighfof 25.5 feet A Spanish style architecture is proposed for the residence. ENVIRONMENTAL IMPACTANALYSIS: (10) Staff has prepared an' Initial Study which is available for review to the Planning: Department, and the study concludes that there will be ho signiflcartt environmental impacts; therefore, staff recommends that a Negative Declaration be approved. EVALUATION: (11) The General Plan Land Use Element designates this property for Low Density Residential land uses, which allows a density range: of up to 6.5 units per acre. The applicant proposes to subdivide the subject 0.37-acre property'into two: (2) lots. The proposed subdivision would create a density of 5.4 dwelling units per acre ih compliance with: the maximum density allowed by the General Plan. (12) The applicant proposes a lot area that is less than code requires. Code requires a minimumlotarea of,k~200 square feet and 4_,534 square feet is'proposed for Parcel 2. The applicant has submitted the attached Justification of Waiver form indicating that a nearby parcel in the neighborhood at 1779 SoutH Heather Lane has a similar lot`size of 4,564 square feet:. However; City records indicate that this; property, unlike the subject property, was legally: established after the Katella widening project and was not combined with the adjacent property. In'addition, the conditions of the sale of this remnant parcel didnot require a Lot Line Adjustment. Staff, therefore, does not believe there are pecial circumstances that do not apply to other Identically-zoned properties and 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 for other properties in the neighborhood As depicted in the image and table on the following page, other properties h the vicihity have lot areas of 7,400 to 11,761 square feet; The requested lot size would be significantly lessthan that raquired by code, and would not be consistent with other lot sizes inthe heighborhood. (13) The applicant proposes a lot width that isles than code requirements. Code requires a minimum lot width of 70 feef and 59.8 feet is proposed for Parcel 2. As depicted on the table on the following: page, properties in the vicinityhave lot widths of 72 to 77 feet: The proposed lot width would noftie consistentwith thebharacterof the heigfioorhood,and properties within the same zoning classification on the same street do not have similar lot. widths; therefore, staff recommends deniai'of this waiver. Case Planner: Kimbedy Wang SRVAR2007-04728k1w Page 4 Staff Report to the Planning Commission June 25, 2007 Item No. 9 Map of surrounding neighborhood (14) The map above displays the subjec$site and the surrounding neighborhood..The lot sizes and' lot widthsere summarized ih the following table: w z.=- Address ~r ~ Lot Area (sf) ~ ': ; Lot W~dtfj(ft ) ~- ~ahterbu'' ~frcle ,. ~ r_, , ~ ~ ¢ ~.a 1763 x7,500 ~~ ~ 75~~~ .1764 7,500 75 1767 7,400 74 `' 1768 °' 7,400 74 1773 11,761 '128 from Katella 1774 7,217 (Parcel 1) r " 54 from Katella Sub'ect Site 4,534 Parcel 2 Parcel 2 (15) The applicant proposes to provide alot depth adjacent to Katella Avenue that is less than code requirements. Code requires a minimum lot depth pf 120 feet for single-family residential lotsabutting arterials end plans indicate a lot depth of 54 feet. As shown in the map'above, the single-family residential lots in the vicinity along Katella Avenue have lot depths of 128 feet in compliance with the lot depth requirement. Thus, the proposed bt width would not be conslstenfwith the character of the heightiorhood. Properties within the same zoning classificatioh along Katella Avenue do not have similar lot depths; therefore,:. staff recommends denial of this waives Case Planner Kimberly Wong: SRVAR2007-04728k1w Page 5 Staff Report to the Planning Commission June 25, 2007 Item No. 9 (16)' The plans indicate' a front yard setback less than code requirements. Code requires a front yard setback of 20 feetand. l8 to 20 feet is proposed. TI1e original plans issued fonbuilding permits indicated. a 20-foot front yard setback; however, the house was subsequently built: with a setback of 18 tp 20 feet:' Staff does not believe there are special circumstances that do not eppry to other identically-zoned properties and that strict application of the code wbuld not deprive this property of privileges enjoyed by neighboring properties, as'similar front yard setback waiver requests have hot been granted; therefore; staff recommends denial bf the waiver. (17) The applicant proposes to provide parking spaces in tandem to a roll-up garage door with a length that is Tess than code requires: Code requires a minimum driveway lengtft of 20 feet and 17.5 feet is proposed: The original plans issued for building permits indicated 20-foot long driveway spaces; however, the house: was subsequently built with an 18 to 20-foot setbackand the driveway spaces are only,17.5 feet tong. A length of 20 feet is necessary to ensure that vehicles parkedin the driveway would not overhang into the public right-of- way: Full-size family type vehicles have lengths of up to 18 feetand ahadditional 2 feet shouldbe allowed between tfte vehicle and the garage door: Therefore; a 17.5-foot long driveway could potentially result in an overhang into the public right-of-way, which is not permitted by the Anaheim Municipal Code; therefore, staff recommends denial of this waiver. (18) A letter of concern was received on Aprif 26,2007, pertaining to stipulations placed bn the remnanf parcels from the Katella Smart Street widening. FINDINGS: (19) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification maybe granted for the purpose of assuring that no property, because ofspecial circumstances applicable to it; sttall be deprived of privileges commonly. enjoyed by otherproperties in the same vicinity and zone. The sole purpose of any variance or code waiver is to prevent discrimination and none sfiall be approved which would have the effect bf 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 tie shown: (a) That there are special circumstances applicable to thepropertysuch as size, shape; topography, location or surroundings; which do notapply to other identically zoned properties in the vicinity; end (b) That strictapplication of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity: (20) The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a parcel map; a specific finding that'the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Case Planner: Kimberly Wong SRVAR2007-04728k1w Page 6 Staff Report to the Planning Commission. June 25,2007 Item No. 9 < Further; the law requires that the Commission make any of the following findings when denying or recommending denial of a parcel map: 1. Thaf the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is notconsistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development: 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish. or wildlife or their habitat: 6. That the design. of the subdivision or the type of improvements is likely to cause serious publid health problems. 7. That the design of the subdivision or the type of improvements wilF conflict with easements; acquired by the public at large, for access through or use of property within the proposed subdivision. RECOMMENDATION: (21) Staff recommends that the Planning Commission take the following actions: {a) ' By motion, approve a Negative Declaration. (b) By resolution, denv Variance No. 2007-04728 for waivers (a), (b), (c), (d) and (e). (c) ` By motion, denv Tentative Parcel Map Nd. 2007-144. THE FOLLOWING CONDITIONS ARE SUBMITTED $Y VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THIS PERMIT IS APPROVED. Conditions of Approval for Variance No. 2007-04728 Within 60 days from the date of approval: 1. < That the site plan for BLD2006-02542 shall be modified to reflect the correct dimensions of the single family residence, driveway spaces; and garage Case Planner. Kimberly Wong SRVAR2007-04728k1w Page 7 Staff Report to the Planning Commission June 25, 2007 Item No. 9 Prior to final building and zoning inspections the following conditions shall be complied with: 2 That Variance No. 2007-04728 is hereby granted subject to the recordation of Tentative Parcel Map No: 2007-144. 3. That the subject property shall be developed substantially in accordance with plans and specifications submitted td the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos: 1, 2 and 3; as conditibried herein. General Conditions: 4. That approval of this application constitutes approval of the propdsed7equest only td the extent that if complies with the Anaheim Municipal Zoning Code and any other applicable City, State, and Federal7egulations: Approval does not ihclude any action or findings as to compliance or apprdval of the request regarding any dther applicable ordinahce; regulation or requirement. 5. That timing for compliance with conditions of approval maq 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' mddificatidn complies with the Anaheim Municipal. Code and (iii) the applicant has demonstrated significant progress toward establishmentnf theLse dr apprdved development. Conditions of Approval for Tentative Parcel Map Nor 2007-144r L That prior to final building'and zoning inspections, the final map shall be submitted to and; approved by the Citybf Anaheim ahd the Orange County Surveyor and theh shall be recorded in the Office of the Orange County Redorder. 2. That prior to final map approval, all parcels shall be assigned street addresses by the Building Division. 3. That the abandonment of existing easements in conflict with proposed buildings are required prior to final map apprdval. 4: That this Tentative Parcel Map No. 2007-144 is hereby granted subject to approval cf Variance No:2007-4728.' 5. 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 anyother applicable City; State, and Federal regulations: Approval does not include any action or findingsas to compliance or approval of the request regarding any other applicable ordinance, regulatidh br requirement. 6: That timing for compliance with conditions of approval may be amended by the Planning Director upon a showtng 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 Cdde and (iii) the applicanf has demonstrated significant progress toward establishment of the use or approved development. Case Planner: Kimberly Wong SRVAR2007-04728k1w Page 8 ®R~,FT~ RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION .FOR VARIANCE NO. 2007-04728 BE DENIED (1774 SOUTH CANTERBURY CIRCLE) 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 follows: LOT 18, TOGETHER WITH THAT PORTION OF LOT 17 OF TRACT NO. 2181, IN THE CITY OF ANAHEIM, COUNTY OF ROANGE,S TATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 62, PAGE(S) 40 AND 41 INCLUSIVE OF MISCELLANEOUS MAPS, AS SHOWN AS LOT 1 ON CERTAIN LOT LINE ADJUSTMENT NO. LL 466 RECORDED MARCH 7, 2001, AS INSTRUMENT NO. 01-127638 OFFICIAL RECORDS OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 25, 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, dyes find and determine the following facts: That the petitioner proposes waivers of the following to construct asingle-family residence: (a) SECTION NO. 18.04.040:010 (b) SECTION NO. 18.04.080.010 Minimum lot size. 7 200 square feet required; 4j534 square feet proposed) Minimum lot width. (?D feet required; 59.8 feet proposed) (c) SECTION NO. 18:04.060 (d) SECTION NO. 18.04.100.010.0101 (e) SECTION NO. 18.04.100.010.0103 Minimum lot depth adjacent to an arterial highway. 120 feet required; 54 feet,proposed) Minimum front yard setback. 20 feet required; 181820 feet proposed) Minimum dimension of tandem parking spaces. 20 foot length required; 17.5 feet proposed) 2. That there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. CR\PC2007- -1- PC2007- 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 the requested variance will be materially detrimental to the public welfare or injurious to the property or improvements fn such vicinity and zone in which the property is located. 5. That the requested lot size, lot width, lot depth, setback, and parking space dimension waivers would not be consistent with the character of the surrounding neighborhood.. 6. That *** indicated their presence at said ,public hearing in opposition; and that no correspondence was received in opposition to subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby approve the 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 deny subject Petition for Variance on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 25, 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 ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 25, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: GOMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2007- Attachment -Item No. 9 PETITIONER'S STATEMENT OF 7USTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: (A separate sTatement is required for Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before anyvariance 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 ether 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 an•ive 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 az size, shape, topography, location or surroundings? ~ Yes. _ No. If your answer is "Yes," describe the special circumstances: 'fx/ FQ r ! S ,4 ~,/ Fug fl oU S F U ti DF2 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: 7~(E'2 E / 5 fF S / ~-r / L A 2 LD T TNA~T I S LPIC rS}TFD AT /Z~ H E-.4rflrli L r4i1/E 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ,Yes _No If your answer if "yes," describe the special circumstances: 4. Were.the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~ Yes _ No EXPLAIN: L The sole purpose of any vaziance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ~~ ` Signature f Property Owner or Authorized Agent 3762SDECEMBER 12, 2000 Date CONDITIONAL USE PERMIT/VARIANCE NO. ]ustification Waiver. dot VAR Pin ?007 - ~ a g.? 8• r ,, ~ S (~~E-- ' ~ ~yC,t f"~ ,# ~' ,'y u`~'~ ~ 1 (_ ~ / ~!!13 P PETITIONER'S STATEMENT OF Attachment -Item iVo. 9 JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: hOT ~ separate Sections 18.03.D40.030 and 18.12.060 of the Anaheim Municipal Code require that before anyvariance or Cade 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 vaziance is sought, fully and as completely as passible: If you need additional space, you may attach additional pages. L Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? g Yes _ No. If your answer is "Yes," describe the special circumstances: 7H E k e 15 k N Et/J HOUSE r~N D EQ CU NSTR VC TION ,LOT S~hIT GI//LL %2E5f/LT /// A LOT W/DTF/ OF S3' /n/STER/~ OF REQ. 70', i .r 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: T k EQ E -(S P. S / M / t A a Lf7T Lc7C a-T"E1S TLI/D S~I~L F"FTS nV E2 '~d TH C-' EA-RT ON /77 9 fr/EAT<lE/2 l~An/~~ 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? Yes _Nor If your answer if'°yes," describe the special circumstances: 4. Were.the special circumstances created by causes beyond the control of the property owner {or previous property owners)? ,~ Yes _ No EXPLAIN: `PERMI'T' WAS /SSr/Eio 8Y F-tISTS?+k~__~~/E ro FA~~TY MRPt The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code vraiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. /~~ ~ S--/ - vz Signatu a of Property Owner or Authorized Agent Date 376251DECEMBER 12, 2000 CONDITIONAL USE PERMIT/VARIANCE NO. v ~o. z~o~ -_ 0 4 7 2$ Justification Waiver. dot Attachment -Item No. 9 SECTION 4 PETITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: ~ b ~ `I ~ ~ ~~ PERTAINING T0: / 77 Y ~RNT ~R ~UR Y c/,(. ('sf sep~p~ pl~ t is required for each Code waiver) Sections 18.03.040.030 and 18.12.060 of the .Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, dte following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict epplicatlon of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification is the vicinity. In order to detertaine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission [p arrive at a decision, please answer each of th'e'following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ,~ Yes _ No. If your answer is "Yes;' describe the special circumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which~are is the same zone as your propertyf7 _ Yes ~ No If your answer is "yes," describe how the property is different: Do the special cimumstances applicable to the property deprive i[of privileges cuaently enjoyed by neighboring properties located within the same zone? Yes _No answer if "yes;' describe the special circumstances: ~RE hRE SPVERAI 6sAnP 2,2ri~ 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? Yes _No EXPLAIN: 7flE d~/5 wEzE SfloR7ENcD ayE %~ BLdK cvAL~ 13U/LT ~4LaUG The sole purpose of any variance or Code waivershall be to prevent discrimination, and no variance or Code waiver shall be approved which would have [he effect of granting a special privilege not shared by other property in the same vicinity and zone which is not o/the~r~w~ise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signatwe of Property Owner or Authorized Agent Date CONDITIONAL USE PERMTTNARIANCE NO. 37626~DECEMEER 12, 2000 Attachment -Item No. 9 SECTION 4 PETITIONER'S STATEMENT OF NSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: PERTAINING TO: _~ is Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there aze special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. 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 detemdne if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the Following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? ~ Yes _ No. answer is "Yes," describe the special crucumstances: 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zoae as your property? ,~ Yes _ No answer is "yes;' describe how the property is different: 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? _Yes h' No If your answer if "yes;' describe the special circumstances: 4. D 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 no[ otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. ~b i~'~~ 6-N-b7 Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMITNARIANCE NO. 97625\DECEhfBER I2, 200a Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? ~' Yes _ No Attachment -Item No, 9 SECTION 4 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIItED FOR PARKING WAIVER) REQUEST FOR WAVER OF CODE SECTION: ~/t'1rh iwl awt cJ/1 /Cin/Gr~ j~rcl~ ~ ~ P ~ U`l ~ ~~L? ; U((~~ L?(U (A separnte statement is requaed for each Code waiver) PERTAINING TO: ~ ~ ~ ,~, C /1 X~TT~ B U R Y c/RC L f Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: 1. That there are special circumstances epplicalile to the property, including size, shape, topography, location or surroundings, which do no[ apply to other property under identical zoning classification in the vicinity; and 2. Thal, because of such special circumstances, strict application pf 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 [o arrive at a decision, please answer each pf the following questions regarding the property for which a variance is sough[, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply tp the property in matters such as size, shape, topography, locafion or surroundings? ~ Yes _ No. If your answer is "Yes;' describe the special circumstances: T /(~ D Ey jF/ OF i7_ C~ l,u t7zo>, ox ,7 n' OF/J ui.~F~fA SA77. 2. Are Ote special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No answer is "yes," describe how the property is different: 3. Do Ute special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? ,Yes _No If your answer if"yes," describe the special circumstances: ~~i. ~n. _,,.-.,tv is _~„-r r,. ..~ .. ., ..i. 4. Were the special circumstances created by causes beyond fhe control of the property owner (or previous property owners)? js Yes _ No EXPLAIN: 7f(t` HOUSE w615 A-Ptpjt.DV ED AND RUNT WtTN /~ /OO 5/DF ~ffIRD Lt The sole purpose of any variance or Code waiver shall be [o prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shazed by other property in the same vicinity and zone wh~ijch is snot otherwise expressly authorized by zone regulations governing subject property. Use variances aze not permitted. y~.fs'b i~,~~L~wt--~.c,~ 6-//-'07 Signature of Property Owner or Authorized Agent ; Date CONDITIONAL USE PERMITNARIANCE NO. J7625~DECEMBER L, 2000 n 'D m m N ~ (~ ~ ~ m o! U > H- = Q w ~ o O f- - m SU MAC LANE KIMBERLY AVE a RS-2 w IU EACH ~ T V AR 873 V AR 033 RS-2 1 DU EACH O .O.F.D. 1 RS-2 1 DU EACH / I I I TRENTON P.L ry w RS-2 ~ ] 1 DU EACH R6-2 ~ ~ ~ W 1 DU EACH W ~ HOLGATE PL GO C-O W RS 2 RCL 62-63-103 } I D47-r t cuaze)3. m 1DU ACH 2001- OUrCH l 9 UP SOCIAL CLUB ~ u' CUP CUP 4 6 C RCL 61-62-119 CUP CHURCH C-G J T-CUP 2004-04829 RCL Bi-624 CUP 2006-04293 u~ry rJ VAR OFFICE6 I CUP 3420 LUP 3061 Haab ' I PCN 2004-00014 i~L uSt URCH SM4L SHOPS o: Fa 130' I 170•--~ (~ / ~ RM-2 7 Du TfM ti116~ ~ f --~ RCL 80-81.28 RCL 2007-001Ba RCL 78-97-14 RCL 91-9242 - I I (Res. Of lntbCO) ss. al Int b L ---- R 4 --~ ~~~~ UP 2607-052 CUP 3409 N ~ ~~~~_^ VAR 3206 N -~ ---• GPA -0 ~ACA N7'i CNpUS ~ w W RM-3 a. RGL 90-91-0t F RCL 89-90-23 W RS-2 RCL 6fi-B)-73 1 DU EACH RCL 65-66-16 Q RM-3 RCL 5&59-2 RCL BO-Bt-0B (Ras of Intent b CLj ~ W RCL 2002-00086 RCL 78-79-23 Z CUP 2004-04834 RCL 62-63-05 ~ T.CUP 2003-04804 RCL 60fi15B Q CUP 2002-04635 60-fit-5B U B6S9-2 VACANT CUP 3299 PRE-SCHOOL CUP 3274 VAR 41fi9 CONDOMINIUM DU KATELLA AVENUE & CL ~- TACO BELL ~ CA OR REST. ^ ~~~ - I~ VAR 4041 C-G RCL 64-fi5-105 T-CUP 2003-04012 CUP 4160 CUP 4107 CUP 3646 CUP 3741 CUP 3665 CUP 3587 VAR 3569 CUP 3426 CUP 1139 CUP 1021 VAR 4266 VAR 2360 TPM 92-260 STRIP MALL = W Q W IU ~ ~ N O N y w J Q m O~ ¢U ~_ ~ = 1 DU EACH ~ ~cjry D / _ QJ Rs•z 1 OU EACH General Plan Amendment No. 2007-00455 Reclassification No. 2007-00198 Conditional Use Permit No. 2007-05200 Tentative Tract Map No. 17116 Requested By: LA VUE LLC 1556 West Katella Avenue I p' T O STODDARD U' ELEMENTARY SCHOOL O Subject Property Date: June 25, 2007 Scale: 1" = 200' Q.S. No. 58 i 10302 Staff Report to the Planning Commission June 25, 2007 Item No. 10 10a. CEQA NEGATIVE DECLARATION 10b. GENERAL PLAN AMENDMENT NO: 2007-00455 10c. RECLASSIFICATION NO. 2007-00198 10d. CONDITIONAL USE PERMIT NO. 2007-05200 10e: TENTATIVE TRACT MAP NO. 17116. (Motion for Continuande) SITE LOCATION AND DESCRIPTION: (1) This 0.78-acre property. is identified as 1556 West Katella Avenue: The property owner and applicant is Mehdi Ebrahimzadeh representing La Vue LLC. REQUESTi (2) The applicant requests approval of the following applications: (a) General Plan Amendment No. 2007-00455 - to amend the Land Use Element Map of the General Plan redesignating the property from the General Commercial designatibn to the Low-Medium Density Residential designation.* (b)` Reclassification Nd. 2007-00198 - to reclassify the property from the Transition (T) zone to the Multiple-Family. Residential (RM-3) zone. (c) Conditional Use PermiE No. 2007-05200 - to construct a 14-unit attached single- family residential condominium complex under authority ofCode Section Nos, 18.06.030.040.0402 (Dwellings -Single-Family Attached) and 18.06.160 with waiver of the following: CODE SECTION 18.06.090.050 Distance between building walls. Withdrawn tiv applicant (d) Tentative Tract Mao No. 17116 - tb establish a 1-lot, 14-unit airspace attached residential condominium subdivision: *Advertised as Medium Density Residential BACKGROUND: (3) This property is currently vacant and is located within the Transition (T) zone. The General Plan designates this property and the property to the south for Low Density Residential land uses:' Properties to the north (across Katella Avenue) and west are designated for General Commercial land`uses and properties to the east for Medium Density Residential land uses. (4) Mehdi Ebrahimzadeh, the applicant, has submitted the attached letter dated June 19; 2007, requesting'a continuance of this item to the July 23, 2007, Commission :meeting ih order to allow additional time to modify the site plan. RECOMMENDATION: (5) Staff recommends the Commission, by motion, continue this item to the July 23, 2007, Planning Commission meeting as requested by the applicant. Case Planner. Kim6edy Wang Srgpa2007-00455k1w_62507 Page 1: Attachment -Item Mo. 10 La Vue LLC, aoszz Lave sl Laguna Niguel, Ga 92677 Phone (949)412-11113852 Date: 06-20-07 Subject: 1556 W. Katella Ave. Anaheim Hello Kimberly We (LaVue LLC.) are current]y scheduled for public hearing at June 25 meeting for the planning commission. We would like to be removed from the agenda, snd placed on the agenda for the next meeting, )uly 9°i Thank you, and please call with any questions or if you need more informations. Regards Mahdi Zadie LaVue LLC. c:NOwman:s ano SaVNpsWeoryY 9Mnem~DestlvpUlNN lener..oOC