PC 2007/07/09i la i
issi a
onday, July 9, 2007
Council Chamber, City Hall
200 South Anaheim Boulevard, Anaheim, California
® Chairman: Gail Eastman
® Chairman Pro-Tempore: Kelly Buffa
® Commissioners: Stephen Faessel, Cecilia Flores
Joseph Karaki, Panky Romero, Pat Velasquez
® Call To Order
® Preliminary Plan Review 12:30 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the July 9, 2007 agenda
® Recess To Public Hearing
® Reconvene To Public :Hearing 2:30 P.IVI.
® Pledge Of Allegiance
® Public Comments
® Consent Calendar
® Public Hearing Items
® Adjournment
You may leave a message for the Planning Commission using the following
e-mall address: planninacommission(a~anaheim.net
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Page 1
Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the
Anaheim Planning Commission or public comments on agenda items with the exception of public hearing
items.
Planning Commission Appointments:
Appointment of a Planning Commission Chairman (Motion)
Appointment of a Planning Commission Chairman Pro-Tempore (Motion)
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.
Reoorts and Recommendations
1A.(a) CEQA MITIGATED NEGATIVE DECLARATION
(PREVIOUSLY APPROVED)
(b) FINAL SITE PLAN NO. 2004-00007
(Tracking No. FSP2007-00008)
Agent: Bob Linder
5141 California Suite 250
Irvine, CA 92617
Location: 1551 East Wright Circle.
Determination of substantial conformance with previously-approved
exhibits to modify a podium building condominium project into a 250-
unit wrap building apartment project within the Platinum Triangle. Pro)ect wanner.
(ethien~anaheim.net)
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Page 2
1B.(a) CEQA ENVIRONMENTAL IMPACT REPORT NO. 329
(PREVIOUSLY CERTIFIED)
(b) VARIANCE NO. 2004-04597
(c) TENTATIVE TRACT MAP NO. 16440
(Tracking Nos. VAR2007-04729 AND SU62007-00047)
Agent: Stonegate Development LLC
27071 Cabot Road Suite 106
Laguna Hills, CA 92653
Location: INo Address): Property is approximately 32.3 acres
located 1,400 feet south of the intersection of Santa Ana Canyon Road
.and future Deer Canyon Road between Festival Drive to the east and
Eucalyptus Drive to the west.
Requests retroactive time extension to comply with conditions of
approval for the following applications:
Variance No. 2004-04597 - to waive minimum front yard setback for
Lot No. 13.
Tentative Tract Map No. 16440 - to establish a 39-lot, 35-unit PmJect wanner.
detached single-family residential subdivision. (skoehm~anaheim.net)
Minutes
1C. Receiving and approving the Minutes from the Planning Commission
Meeting of June 25, 2007. (Motion)
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Page 3
Public Hearing Items:
2a. CEQA NEGATIVE DECLARATION
2b. GENERAL PLAN AMENDMENT NO. 2007-00460
2c. RECLASSIFICATION NO. 2006-00190
2d. WAIVER OF CODE REQUIREMENT
2e. CONDITIONAL USE PERMIT NO. 2006-05175
2f. 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, and June 25, 2007 Planning Commission
Meetings.
General Plan Amendment Resolution No.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
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Project Planner.
(kwong2@anaheim.net)
(07/09/07)
Page 4
3a.
3b.
3c.
3d.
3e.
3f.
3g.
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 Colleoe Boulevard: This property is a
17.5-acre site at the southwest comer of Gene Autry Way
and State College Boulevard within the Gene Autry pistrict
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.
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Page 5
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.
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.
Continued from the June 25, 2007 Planning Commission Meeting.
.Environmental Impact Report Resolution No.
General Plan Amendment Resolution No.
Miscellaneous Permit Resolution No.
Conditional Use Permit :Resolution No. Fm)ect Planner.
Development Agreement Resolution No. (skim@anaheim.net)
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4a.
4b.
4c.
4d.
4e.
4f.
4g.
Owner: La Vue LLC
30622 La Vue Street
Laguna Niguel, CA 92677
Agent: Mehdi Ebrahmzadeh
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 Low-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.
'Advertised as Medium .Density Residential.
Continued from the June 25, 2007 Planning Commission Meeting
General Plan Amendment No
Reclassification Resolution No.
Conditional Use Permit Resolution No.
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Request for
continuance to
July 23, 2007
Project Planner.
(kwong2~anaheim.net)
(07/09/07)
Page 7
5a.
Sb.
Sc.
Sd.
Se.
5f.
5g.
Owner: 2130 Dupont Company
2130 East Dupont Drive
Anaheim, CA 92806
Japos INC.,
2220 East Orangewood Avenue
Wind-Dor INC.,
Anaheim, CA 92806-3110
Agent: Sheldon Group
901 Dove Street, Suite 140
Newport Beach, CA 92660
Location: 2210-2220 East Orangewood Avenue. 2130 & 2231
Dupont Drive°:
Area A: Property encompasses approximately 820 acres
located at the confluence of the Interstate 5 Freeway and
the SR-57 Freeway, in the City of Anaheim in Orange
County, California.
Area B: This rectangularly-shaped, 3.8 acre property is
located at the southeast and southwest comer of Dupont
Drive and Orangewood Avenue with a frontage of 362 feet
on the south side of Orangewood Avenue and frontages of
452" feet on the east side of East Dupont Drive and 445"
feet on the west side of West Dupont Drive.
'Advertised as Dupont Circle.
"Advertised as 296.
General Plan Amendment No. 2006-00445 -Request to amend the
Land Use Element of the General Plan to increase the maximum office
and/or retail square footage permitted in The Platinum Triangle and to
remove the maximum floor area ratio (FAR) in The Platinum Triangle
Mixed Use Overlay, Orangewood District.
Zoning Code Amendment No, 2007-00060 -Request to amend The
Platinum Triangle Mixed Use Overlay Zone (Chapter 18.20 of the
Anaheim Municipal Code), to establish the Orangewood District.
Miscellaneous Permit No. 2007-00202 -Request to amend The
Platinum Triangle Master Land Use Plan to establish the Orangewood
District.
Reclassification No. 2007-00207 -Request to rescind the Resolution of
Intent to reclassify the property to the O-H zone and request to reclassify
properties from the I (Industrial) zone to I (PTMU Overlay-Orangewood
District) (Industrial, Platinum Triangle Mixed Use Overlay -Orangewood
District) zone for Area B.
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Page 8
RECLASSIFICATION NO. 2007-00207
CONDITIONAL USE PERMIT N0.2007-05222
DEVELOPMENT AGREEMENT NO. 2007-00001
Conditional Use Permit No. 2007-05222 -Request to permit a building
height over 100 feet up to 311 feet for a proposed 20-story office building
and to permit the sales alcoholic beverages in a proposed restaurant for
Area B.
Development Agreement No. 2007-00001 -Request to adopt a
Development Agreement between the City of Anaheim and Steadfast
Investment Properties and 2130 Dupont Co. fora 591,500 square foot
office building with 8,500 square feet of commercial uses for Area B.
General Plan Amendment Resolution No.
Miscellaneous Resolution No.
Reclassification Resolution No.
Conditional Use Permit Resolution No. project Fianner.
Development Agreement Resolution No. (icwongzQanaheim.net)
6a. CEQA CATEGORICAL EXEMPTION -CLASS 3
6b. VARIANCE NO. 2007-04727
Owner: Lorena Garcia
1416 East Santa Ana Street
Anaheim, CA 92805-4205
Agent: Lorena Garcia
1416 East Santa Ana Street
Anaheim, CA 92805-4205
Location: 1416 East Santa Ana Street: Property is approximately
0.59-acre, having a frontage of 125 feet on the south side
of Santa Ana Street and is located 143 feet west of the
centerline of Bond Street.
Request waiver of permitted fence height to retain a 6 feet high wrought
iron fence with pilasters within the front setback of asingle-family home.
Variance Resolution No. Project Planner.
(mnewlandQanaheim.net)
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Page 9
7a. CEQA NEGATIVE DECLARATION
7b. RECLASSIFICATION NO. 2007-00206
Agent: Anaheim Redevelopment Agency
City of Anaheim
201 South Anaheim, Boulevard
Anaheim, CA 92805
Location: 2121 South Manchester Avenue (partial address):
Parcel 1: Property is approximately .86-acre and is a
landlocked parcel located north of 2125 South Manchester
Avenue and located 197 feet north of Orangewood Avenue
(2121 South Manchester Avenue).
Parcel 2: Property is approximately .65-acre located at the
northwest corner of Orangewood Avenue and Manchester
Avenue with a frontage of 367 feet on the west side of
Manchester Avenue and a frontage of 130 feet on the north
side of Orangewood Avenue.
City-initiated request to reclassify Parcel 1 from the T (Transition) zone to
the RM-4 (Multiple-Family :Residential) zone, or a less intense zone and
reclassify Parcel 2 from the I (Industrial) zone to the (Multiple-Family
Residential) zone, or a less intense zone for a future development.
Project Planner.
Reclassification Resolution No. (dneriicl<Qananeim.net)
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Page 10
8a.
8b.
Sc.
Sd.
Agent: Fred Cohen
CJC Design
1205 North Red Gum Unit A
Anaheim, CA 92806
Location: 1700 West La Palma and 1017-1031 North Euclid Street:
Property is approximately 1.1 acre parcel located at the
southwest corner of La Palma Avenue and Euclid Street
with frontages of 171 feet on the south side of La Palma
Avenue and 270 feet on the west side of Euclid Street.
Conditional Use Permit No. 2007-05195 -Request to construct a
service station with aself-serve car wash and convenience market with
beer and wine sales with waivers of (a) maximum wall sign area
(withdrawn), and (b) minimum landscaped setback (withdrawn).
Determination of Public Convenience or Necessity No. 2007-00035 -
Determination of Public Convenience or Necessity to permit sales of beer
and wine for off-premises consumption within a proposed service station
convenience market.
Conditional Use Permit Resolution No.
Determination of Public Convenience Resolution No.
9a. CEQA NEGATIVE DECLARATION
9b. WAIVER OF CODE REQUIREMENT
9c. CONDITIONAL USE PERMIT NO. 2007-05190
Owner: Alan Y H Kwong and Yue Chang Kwong
11565 Columbet Avenue
Gilroy, CA 95020
Agent: TRG, INC.,
Attention: Lorenzo Reyes
1403 Batavia Street, Suite 203
Orange, CA 92867-5049
Location: 3110 East La Palma Avonue: Property is approximately
.97-acre and is located at the southeast corner of La Palma
Avenue and Kraemer Boulevard with frontages of 252 feet
on the south side of La Palma Avenue and 230 feet on the
east side of Kraemer Boulevard.
Request to construct a new fast food restaurant and to retain a legal non-
conforming pole mounted sign with waivers of (a) minimum required
landscape setback abutting an arterial, and (b) maximum wall sign size
{withdrawn).
Conditional Use Permit Resolution No.
H:\d ocs\cl erica)\agendas\(070907). doc
Request for
continuance to
July 23, 2007
Project Planner.
(ethienQanaheim.net)
Project Plannar.
(skoehm®anaheim. net)
(07109/07)
Page 11
Owner: BP West Coast Product, LLC
4 Center Point Drive
La Palma, CA 90623
10a. CEQA NEGATIVE DECLARATION
10b. WAIVER OF CODE REQUIREMENT.
10c. CONDITIONAL USE PERMIT NO. 2007-05213
10d. TENTATIVE TRACT MAP NO. 17175
Owner: The Vineyards Apartments. LLC
4901 Birch Street
Newport Beach, CA 92660 -
Agent: Ron Cole
4901 Birch Street
Newport Beach, CA 92660
Location: 5601 East Oranaethorpe Avenue: Property is
approximately 13.3-acre with a frontage of 555 feet along
the north side of Orangethorpe Avenue, located 460 west
of the centerline of Imperial Highway.
Conditional Use Permit No. 2007-05213 - Request to permit the
conversion of an existing 304-unit apartment complex to an attached
airspace residential condominium planned unit development complex with
modification to standards and waiver of setbacks between buildings.
Tentative Tract Map No. 17175 - To establish a 1 lot, 304 unit airspace
attached residential condominium subdivision.
Project Planner.
Conditional Use Permit Resolution No. (skoehmQanaheim.net)
Adjourn To Monday, July 23, 2007 at 1:00 P.M. for Preliminary
Plan Review.
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Page 12
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
a ~ ~ t1 i'L'1
(TIM- DATE)
LOCATION; COUNCIL CHAMBER DISPLAY CASE AND
COUNC L DISPLAY KIOSK
SIGNED: ~ ~.
If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances will be final 22 days after Planning Commission action and any action regarding
Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely
appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied
by an appeal fee in an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m.
on the Friday before the meeting will enable the City to make reasonable arrangements to ensure
accessibility to this meeting.
Recorded decision Information is available 24 hours a day by calling the Planning Department's
Automated Tele hone S stem at 714-765-5139.
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Page 13
SCHEDULE
aoo7
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:ldocs\clerical\agendas\(070907).doc (07/09/07)
Page 14
Item No. 1A
I
RCL 54-5512
RCL 99-00-15
CUP 3097
CUP 1565
IND. FIRMS
.LL AVE
~ `~~~~\
'9p
RCL 99-00-15
RCCUP 35 fit ~
I
RCL 99-00-15
RCL 66-67-14
RCL 54-55112
RCL SS-56-19
CUP 3736
VAR 4077
TRUCK LEASING
~^,
6~
I
WAREHOUSING
AND STORAGE
I
BAKERY
DISTRIBUTION
I
RCL 99-00-15
RCL 54-5512
CUP 1455
VAR d 123
WAREHOUSING
AND STORAGE
WRIGHT CIRCLE
1 (PTMU)
RCL 2004-00129
RCL 99-00-15
RCL 55-56.19
RCL 54-55-02
IND. FIRMS
316' RCL
-®'I RCL
~ IND.
I (PTMU)
RCL 2004-00129 I(PTMU)
RCL 99-00-15 RCL 2004-00129 I (PTMU)
RCL 66-07-14 RCL 89-00.15 w RCL 99-00-15
RCL 68-67-14 'z RCL 55-56-19
RCL 55-58-19 RCl 54-5512 w RCL 54-5512
CUP 1971 DAG 2005-00001 RCL 55-56-19 Q IND. FIRMS
VAR 4304 FSP 2004-00007 VAR 3775 z
VAR 3146 S DAG 2005-00003 O~
DAG 2005-00002
DAG 2005-00007 DAG 2005-00001
FSP 2005-00006
UNDER fSP 2004-(10007 p
CONSTR. UNDER
CONSTR.
ALL PROPERTIES ARE IN THE PLATI NUM TRIANGL E.
Final Site Plan No. 2004-00007
Final Site Plan No. 2007-000013
Requested By: BOB CINDER
1551 East Wright Circle
VPI' "'-g3tn
M
ND.FIFt S
99-00-15
55-56-19
54-55-42
P 3516
1(PTMU)
FSP 2007-00006
FSP 2004-00007
DAG 2005-00003
UNDER
CONSTR.
r..
10327
I
RCL 88-0D-15
RCL 66-07-14
RCL 54-55-02
RCL 55-5649
TILE
STORE
I (PTMU)
RCL 89.00.15
RCL 55-56-19 I
RCL 54-55-02 RC
IND. FIRMS RC
_I I I RND SFIRM52
WRIGHT CIRCLE
I (PTMU)
RCL 99-00-15
RCL 86-67-14
RCL 55-56-19
RCL 54.5512
T-CUP 2004-04939
CUP 2004-04906
CUP 3386
CUP 2582
CUP 1427
VAR 4129
DAG 2004-00002
STADIUM LOFTS
Subject Property
Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 107
City of Anaheim
I~I.AI~TNING EPAI2TMEN'T
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
July 9, 2007.
1A. (a) CEQA MITIGATED NEGATIVE DECL4RATION
(PREVIOUSLY APPROVED)
(b) FINAL SITE PLAN NO. 2004-00007
(Tracking No. FSP2007-00008)
Agent: Bob Linder
BRE Properties, LLC
5141 California, Suite 250
Irvine, CA 92617
Location: 1551 East Wright Circle
www.anaheim.nel
Determination of substantial conformance with previously-approved exhibits to modify a
podium building condominium project into a 250-unit wrap building apartment project
within the Platinum Triangle.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
determine substantial conformance for modifications to previously-approved exhibits for an
250-unit wrap building apartment project within the Platinum Triangle and does hereby
determine that the previously-approved Mitigated Negative Declaration and Mitigation
Monitoring Plan No. 128 serve as adequate environmental documentation for this request.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has reviewed the request for substantial
conformance, and does hereby determine that the revised plans are in substantial
conformance since the revised exhibits substantially conform to the approved exhibits and
the findings of the original approval. The modifications would also enhance the design and
livability of the project.
FSP2004-00007_Excerpt
200 South Anaheim Boulevard
P.0. Boz 3222
Anaheim, California 92603
TEL (714)765-5139
Attachment - R&R 7-A
RESOLUTION NO. PC2005-75
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT
AGREEMENT NO. 2005-00003 BY AND BETWEEN THE CITY OF
ANAHEIM AND BRE PROPERTIES, INC., AND MAKING CERTAIN
FINDINGS RELATED THERETO
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864)
of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a
development agreement with any person having a legal or equitable interest in real property for the
development of the properly as provided in said Statute; and
WHEREAS, upon request of an applicant, cities are required to establish procedures and.
requirements by resolution or ordinance for the consideration of development agreements; and
WHEREAS, the City of Anaheim (hereinafter the "City") heretofore on November 23, 1982,
enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance") which makes the City subject to the
Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore
on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution")
establishing procedures and requirements for the consideration of development agreements upon receipt of
an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General
Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and
a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in
conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's
zoning code, and a series of related actions; and
WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed
Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820-acre area
generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana
Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north.
("hereinafter referred to as The Platinum Triangle"); and
WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum
Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004-177, approving The Platinum
Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and
WHEREAS, to further implement the goals and policies of the General Plan for The Platinum
Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on
August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the Anaheim Municipal
Code to establish zoning and development standards for the Platinum Triangle Mixed-Use (PTMU) Overlay
Zone (the "PTMU Overay Zone") and Ordinance No. 5936, amending the zoning map to reclassify
approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay
Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality
well-designed development projects that could be stand-alone projects or that combine residential with non-
residential uses including office, retail, business services, personal services, public spaces and uses, and
other community amenities within the area; and
WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a
Development Agreement between the property owner and the City of Anaheim to implement all development
in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt
under the Code; and
Cr\PC2005-075 -1- PC2005-75
WHEREAS, on August 17, 2004 the City Council adopted Resolution No. 2004-179,
approving the form of the Standard Development Agreement for The Platinum Triangle PTMU Overlay Zone;
and
WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan; the
PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the
City Council by motion, as lead agency for the proposed actions, determined that FEIR No. 330 and the
associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in
compliance with CEQA and the state and City CEQA guidelines and were adequate to serve as the required
environmental documentation for said actions based upon findings set forth in said motion; and'
WHEREAS, on December 23, 2004, pursuant to the Statute, the Enabling Ordinance, and
the Procedures Resolution (hereinafter collectively referred to as the ".Development Agreement Law"), BRE
Properties, Inc. ("Applicant"), submitted an application to the Planning pepartment for approval of
Development Agreement No. 2005-00003 (the "Application"), which included a proposed development
agreement (hereinafter referred to as the "Development Agreement") prepared in conformance with the
Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address
the implementation of the Stadium Park Residential Project; and
WHEREAS, the Development Agreement pertains to a portion of 14.46 acres of real
property in the City of Anaheim (4.25 acres), equitably owned by the Applicant, commonly known as 1515
East Katella Avenue (the "Property"), which is located in The Platinum Triangle and zoned PTMU Overlay
(Katella District), and more particularly shown and described on Exhibit "A", which is attached hereto and
incorporated herein by this reference; and
WHEREAS, Applicant desires to develop the Property in accordance with the provisions of
the Development Agreement by developing a multiple family residential project consisting of 255 residential
dwelling units and an 521 space parking structure, as more particularly set forth in Final Site Plan No. 2004-
00007and Tentative Tract Map No. TTM 16831 (hereinafter collectively referred to as the "Project"); and
WHEREAS, on April 5, 2005, the Planning Director approved Final Site Plan No. 2004
00007 to provide for the development of the Stadium :Park Residential Project, contingent upon the approval
of Tentative Tract Map No. TTM 16831 and Development Agreement Nos. 2005-00001, 2005-00002, and
2005-00003, by the Planning Commission and City Council; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 18, at 6:00 p.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and
consider evidence for and against said Development Agreement and Tentative Tract Map No. TTM 16831
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility.
requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon
completion, the Project will result in the construcficn of 255 dwelling units and a 521 space parking structure
within a period of not more than five (5) years; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at
said hearing, does find and determine that the Development Agreement meets the following standards set
forth in the Procedures Resolution:.
1. That the Project is consistent with the City's existing General Plan in that it is in conformance with the
General Plan Mixed Use land use designation and with the goals, policies and objectives for The
Platinum Triangle as set forth in the General Plan.
2. That the Project is compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district in that the Project is in compliance with the PTMU Overlay Zane requirements
as set forth in Final Site Plan No. 2004-00007, which was approved by the Planning Director, and
-2- PC2005-75
Tentative Tract Map No. TTM 16831, which was approved by the Planning Commission on April 18,
2005.
3. That the Project is compatible with the orderly development of property in the surrounding area in that it
is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU
Overlay Zone requirements.
4. That the Project is not otherv/ise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers
and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures
Resolution.
7. That no one indicated their presence at said public hearing in opposition; and that no correspondence
was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract
Map No. TTM 16831; and did find and determine, by motion, pursuant to the provisions of the Califomia
Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study
conducted pursuant to CEQA for the Development Agreement and Conditional Use Permit, and the
requirements of CEQA, including Section 21166 of the Califomia Public Resources Cade and Section 15162
of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously
certified by the City Council for the Amended General Plan and related projects, together with the Updated
and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative
Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation
Monitoring Program No. 128, as amended at the public hearing to include a mitigation measure pertaining to
the Katella Avenue sewer line, are adequate to serve as the required environmental documentation for this
Development Agreement and Conditional Use Permit and satisfy all of the requirements of CEQA, and that
no further environmental documentation need be prepared for this Development Agreement.
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 competentjurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval
of the Application and the Development Agreement.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
April 18, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAfRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING .COMMISSION
-3- PC2005-75
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM 1
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on April 18, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
VACANT: COMMISSIONERS: TWO VACANCIES
IN WITNESS WHEREOF, I have hereunto set my hand this day of
,2005.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2005-75
Item No. 18
Variance No. 2004-04597
TRACKING NO. VAR2007-04729
Tentative Tract Map No. 16440
Requested By: STONEGATE DEVELOPMENT LLC
No address
` Subject Property
Date: July 9, 2007
Scale: 1" = 400'
Q.S. No. 207
10317
ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE.
City of Anaheim
I~LANNI1VCir DEPAI2TEN'I'
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
July 9, 2007.
1. REPORTS AND RECOMMENDATIONS:
B. (a)
(b)
(c)
Agent: Stonegate Development LLC, 27071 Cabot Rd., Ste 106, Laguna :Hills., CA 92653
Location: L Addressl: Property is approximately 32.3 acres located 1,400 feet south of the
intersection of Santa Ana Canyon Road and future Deer Canyon Road (an existing maintenance
road) between:Festival Drive to the east and Eucalyptus Drive to the west.
Requests a retroactive time extension to comply with conditions of approval for the
following applications:
Variance No. 2004-04597 - to waive minimum front yard setback for Lot No. 13.
Tentative Tract Map No. 16440 - to establish a 39-lot, 35-unit detached single-family
residential subdivision.
www.anaheim.net
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby determine that the previously-
certified Environmental Impact Report No. 329 is adequate to serve as the required
environmental documentation for this request.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED,
that the Anaheim Planning Commission does hereby approve a retroactive extension of time to
comply with the conditions of approval for apreviously-approved variance for waiver of minimum
front yard setback for Lot No. 13 in a 39-lot, 35-unit detached single-family residential subdivision
for a period of one (1) year to expire on June 7, 2008; and,
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED,
that the Anaheim Planning Commission does hereby approve a retroactive extension of time to
comply with the conditions of approval for apreviously-approved tentative tract map fora 39-lot,
35-unit detached single-family residential subdivision fora :period of one (1) year to expire on
June 7, 2008, based on the following:
(i) That this is the second request for an extension of time for the variance and the first request
for an extension of time for the tentative tract map and would not extend the entitlement
beyond the two extensions authorized by the Code.
(ii) That there have been no changes to the General Plan and Zoning Code that would
affect this project. 'No additional information or changed circumstances are present
which would contradict the facts used to support the required findings for approval of
this extension of time.
(iii) That the property is being maintained in a safe, clean and aesthetically pleasing
condition with no unremediated code violations on the property, as confirmed by an
inspection of the property by the Community Preservation Division.
VAR2007-04729_Excerpt
200 Soulh Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (774)765-5139
Clay Of At1a11e1m Attachment - RJR 1-B
PLANNING I3E1'ARTMENT
April 26, 2005
Stonegate Development, LLC
27071 Cabot Road, Suite 106
Laguna Hills, CA 92653
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting df
April 18, 2005.
3a. ENVIRONMENTAL IMPACT REPORT NO. 329
3b. GENERAL PLAN AMENDMENT NO. 2004-00416
3c. RECLASSIFICATION N0.2004-00114
3d. VARIANCE N0.2004-04597
3e. TENTATIVE TRACT MAP NO. 16440
Owner:. Stonegate Development, LLC 27071 Cabot Road, Suite 106 Laguna Hills,
CA 92653...
Location: No Address. Properly is 32.3 acres, located approximately 1,400 feel
south of the intersection of Santa Ana Canyon Road and future Deer
Canyon Road (an existing maintenance road} between Festival Drive to
the east and Eucalyptus Drive to the west.
Tentative Tract Man No. 16440- fo establish a 39-lot, 35-unit detached single-family
residential subdivision.
General Plan Amendment No. 2004-00416 to:
(a) Amend the.Land Use Element of the Geheral Plan from the Estate Density
Residential designation to the Low Density Residential designation.
(b) Amend the Land Use Element and the Green Element of the General Plan to
reconfigure the Open Space designa0on on the subject property.
(c) Amend the Green Element of the General Pian to realign the north-south regional
trail.
Reclassifidation No. 2004-00114 - td reclassify the property from the T (SC) (Transition;
Scenic ComidorOveriay) zone to the RS-2 (SC) (Residential, Single-Family; Scenic
Corridor Oveday) zone and the OS (SC) (Open Space; Scenic Corridor Overlay) zone,
or a less intense zone.
Variance No. 2002-04597 -waiver of the foiidwing under authority of Code Section No.
18.74.040.010 for Lot No. 13:
SECTION NO. 18.04.100.010.010, Minimum front setback.
25 feet required; 15 feet proposed)
www.anaAeim.nel
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim
Planning Commission has reviewed DEIR No. 329, including Mitigation Monitoring Program
No. 132, as amended at the public hearing (Modifted Mitigation Measure TC-2), and made
certain findings and recommendations by its Resolution No. PC2005-69 determining that
DEIR No. 329 is adequate to serve as the environmental documentation for the Proposed
Actions and recommending, as sat forth in said Resolution, that the City Council, as lead
200 SoutB Anaheim Boulevard
P.B. Box 3222
Anaheim, California 92603
TEL (714) 765.5739
agency for the Proposed Actions, based upon its independent review of DEIR No. 329
prepared in connection with the Proposed Actions determine that the Proposed Actions are.:..
within the Scope of DEIR No. 329; are adequate to serve as the required environmental
documentation for the Proposed Actions, including the subject proposal, and satisfy all of the
requirements of CEQA; and, that no further environmental documentation need be prepared
for the Proposed Actions. ,
Commissioner Buffo offered a motion, seconded by Commissioner Eastman and MOTION
CARRIED (Two Commission vacancies), that the Anaheim Planning Commission does hereby
determine that the proposed tentative map, including its design and improvements, is
consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map
No. 16440, to establish a 39-lot, 35-unit detached single-family residential subdivision subject
to the following conditions:
1. That prior to issuance of the first building permit, the final map shall be submitted to and
approved by the City of Anaheim and the Orange County Surveyor and then shall be
recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section
66499.40).
2. That prior to approval of the final map, a maintenance covenant, shall be submitted to the
Subdivision Section and approved by the City Attorney's office. The covenant shall include
provisions for maintenance of private facilities, including compliance with approved Water
Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded
concurrently with the final map.
3, That prior to final map approval, the legal property owner shall execute a Subdivision
Agreemerrt, in a form approved by the City Attorhey, to complete the required public
improvements at the legal property owner's expense. Said agreement shall be submitted to
the Public W orks Department, Subdivision Section approved by the City Attorney and City
Engineer and then recorded concurrently with the final parcel map.
4. That prior to final map approval, all lots shall be assigned street addresses by the Building
Division. Street names for any new private or public street shall be submitted to and
approved by the Building Division.
5. That prior to final map approval, an unsubardinated covenant td reserve an easement for
road purposes shall be submitted to the Public Works Department, Subdivisicn Section and
approved by the City Attorney's Office. The covenant shall (nGude provisions to reserve a
56-foot wide easement adjacent to the ihtedor public road knuckle for future public access to
the adjoining property to the south and a 28-foot wide easement forfuture public access
adjacent to the property to the northeast. Said easement along with grading and
construction rights adequate to construct the street In the future shall be reserved for private
purchase by the adjacent property owner(s) prior to utilizing the reservation area. The
covenant shall be recorded concunenty with the final map.
6. That prior to approval of the grading plan, the developer shall submit a Water Quality
Management Plan (WQMP) spec~cally identifying the post construction best management
practices thatwitl tia used on-site to control predictable pollutants from stormwater runoff.
The WQMP shall be submitted to the Public Works Department, Development Services
Division for review and approval.
7. That prior to final map approval, the developer shall submifstreet improvement plans to the
Public Works Department, Subdivision Section and a bond shall be posted to guarantee that
the Santa Ana Canyon :Road and Deer Canyon Road Intersection, Including a traffic signal,
shall be improved in accordance with the Santa Ana Canyon Road Preliminary Alignment
dated August 28, 2003. The developer Is only required to construct those Improvements
necessary to safely serve the development. The exact limits of the required improvements
will be determined through final engineering plans for the intersection. The improvements
shall be constructed prior to final building and zoning inspection.
8. That no waste material shall be discharged to any drainage areas, channels, streambeds, or
streams. Spoil sites shall not be located within any streams or areas where spoil material
could be washed Into a water body. Appropriate Best Management Practices (BMPs) shall
be deployed around spoils at all times.
9. That prior to final map approval, the City of Anaheim Drainage Assessment Fee for the
Monte Vista area shall be paid.
10. That the developer shall obta(n or show proof of recorded easement deeds indicating the
right to construct road, sewer, storm drain and underground utility Improvements necessary
to serve the proposed subdivision.
11. That the traffic-calming roundabout shall be designed to the satisfaction of the City
Engineer.
12. That the entry road from Santa Ana Canyon Road into the proposed subdivision shall he
constructed to Hillside Collector Road standards (30' %width) per Public Works Standard
Detail No. 161-A. The developer will be required to construct the full street width with
sidewalk, parkway landscaping and street trees on their side of their development only. The
developer shall install and maintain temporary landscaping in the parkway on the opposite
side until such time that a Future project (church, school or otherv/ise) develops the sidewalk,
parkway and street trees as a condition of their development.
13. That the property ownerldevelopersholl be responsible for compliance with all the mitigation
measures set forth In Mitigation Monitoring Plan No. 132 created specficallyfor this project,
and for complying with the monitoring and reporting requirements established by the City in
compliance with Section 21061.6 of the Public Resources Code. Furthermore, the property
owner/developer shall be responsible for any direct costs associated with the monitoring and
reporting requirements to ensure implementation of the mitigation measures Identified fn
Mitigation Monitoring Plan No. 132, which are made a part of these conditions of approval
by reference.
14. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an
easement far a domestic above-ground water meter in addition to providing a 5-foot wide
clearance around the water meter pad end a 10-.foot wide access easement along the water
tine from the street to the water meter pad For maintenance.
15. That any required relocation of City electrical facilities shall be at the property
owner/developer's expense. landscape andlor hardscape screening of all pad-mounted
equipment shall be required and shall be shown on plans submitted for building pennils.
16. That approval of this parcel map is granted subject to the approval of General Plan
Amendment No. 2004-00416, Variance No. 2004-04597 and Reclassification No. 2004-
00114, now pending.
17. That prior to final parcel map approval, Condition Nos. 2, 3, 4, 5, 6, 9,10, 11, 14 and 15
above-mentioned, shall be complied with.
16. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable-
City, State and Federal regulations. Approval does not Include any action or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation
or requirement.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
cr5fi88em.doc
Attachment - R&R 7-B
RESOLUTION NO. 2005 - 99
A RESOLUTION OF THE CITY COUNCII, OF
THE CITY OF ANAHEIM GRANTING..
VARIANCE NO. 2004-04597.
WHEREAS, after a request for variance was received, a public bearing before the
Planning Commission of the City of Anaheim was held upon due and proper notice, a result of
which Variance No. 2004-04597 was granted covering the following described property:
ALL THAT PORTION OF LOTS 4 AND 5 OF TRACT NO. 117, AS SHOWN
ON A MAP FILED IN BOOK 11, PAGE 15 OF MISCELLANEOUS MAPS,
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 5, AND
RUNNING THENCE SOUTH 00° 38' S3" WEST, ALONG THE EAST LINE OF
SAID LOTS 5 AND 4, 1019.78 FEET TO THE SOUTH LINE OF SAID LOT 4;
THENCE NORTH 89° 03' 32" WEST, ALONG SAID 50UTH LINE 1214.91
FEET TO AN INTERSECTION WITH THE NORTHEASTERLY LINE OF
PARCEL 4, AS SHOWN ON A PARCEL MAP FILED IN BOOK 90, PAGE 19
OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAID ORANGE COUNTY; THENCE NORTH 27' 37' 09" WEST ALONG THE
NORTHEASTERLY LINE OF PARCELS 4 AND 3 OF SAID PARCEL MAP,
122.78 FEET TO AN ANGLE POINT IN SAID PARCEL 3; THENCE NORTH
41' 14' 35".WEST, ALONG THE NORTHEASTERLY LINE OF SAID PARCEL
3, 165.89 FEET TO THE MOST SOUTHERLY CORNER OF PARCEL 2 OF
SAID PARCEL MAP; THENCE NORTH 57' 45' 25" EAST, ALONG THE
SOUTHEASTERLY LINE OF SAID PARCEL 2, 129 FEET TO THE MOST.
EASTERLY CORNER OF SAID PARCEL 2; THENCE NORTH 20' 37' 33"
WEST, ALONG THE NORTHEASTERLY LINE OF PARCELS 2 AND I OF
SAID PARCEL MAP, 773.55 FEET. TO AN INTERSECTION WITH THE
NORTH LINE OF SAID LOT 5; THENCE SOUTH S9' Ol' 20" EAST, ALONG
SAID NORTH LINE, 1556.18 FEET TO THE POINT OF BEGINNING; and
WHEREAS, thereafter, within the time prescribed by law, an interested party or
the City Council, oa its own motion, caused the review of said Planning Commission action at a
public hearing noticed and held as prescribed by law and, as a result thereof, the City Council
does hereby make the following fmdings:
1. Thaz the above mentioned waiver is hereby granted on the basis that there are
special circumstances applicable to the property such as size, shape, topography, location and
surroundings which do not apply to other identically zoned property in the same vicinity; and that
strict application of the Zoning Code deprives the property of privileges enjoyed by other
properties in the identical zone and classification in the vicinity.
2. That there :are exceptional or extraordinary circumstances or conditions applicable
to the property involved such as steep topography, sensitive habitat and irregular shape that
present challenging development constraints. The proposed subdivision is designed with the
homes located within the center of the property in an effort to preserve open space and comply
with City design polices for hillside areas.
3. That the requested variance is necessary for the preservation and enjoyment of a
substantial property right possessed by other property in the same vicinity and zone, that would
otherwise be denied to the property in question.
4. That the requested variance will not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located.
NOW, THEREFORE, BE 11' RESOLVED by the City Council of the City of
Anaheim that a conditional zoning variance be, and the same is hereby, granted relating to
construction of 35 single-family residences on the property hereinbefore described with waivers
of the following sections of the Anaheim Municipal Code:
SECTTOIV NO. 18.04.100.010.0101 - Minimum front setback.
(25 feet requit$d; 15 feet proposed)
That said variance be granted subject to the following conditions:
1. That the property owner/developer shall be responsible for compliance with all the
mitigation measures set forth in Mitigation Monitoring Plan No, 132 created specifically for this
project, and foYcomplying with the monitoring and reporting requirements established by the
City in compliance with Section 21081..6 of the Rtblic Resottrces Code. Furthermore, the
property owner/developer shall be responsible for any direct costs .associated with the monitoring
and reporting requirements to ensure implementation of the mitigation measures identified in
Mitigation Monitoring Plan No. 132, which are made a part of these conditions of approval by
reference.
2. That gates shall not be installed'across any driveway or private street in a manner
which may adversely affect vehicular traffic in any adjacent public street or alley. Installation of
any gates shall conform to Engineering Standard Plan No. 475.. Said requirements shall be
subject to the review and approval of the City Traffic and Transportation Manager. Said
information shall be specifically shown on plans submitted for building permits.
3. That trash storage areas shall be provided and maintained in a location acceptable
to the Public Works Department, Streets and Sanitation Division and in accordance with
approved plans on file with said Department. Said information shall be specifically shown on the
- 2 -
a
plans submitted for building pemuts for Planning Department and Public Works Department,
Streets and Sanitation Division approval.
4. That a plan sheet for solid waste storage, collection .and a plan for recycling shall
be submitted to the Public Works Departrnent, Streets and Sanitation Division for review and
approval.
5. Than an on site trash track fora around area shall be provided per Engineering'
Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department,
Streets and Sanitation Division. Said fora around area shall be specifically shown on plans
submitted for building permits.
6. That roll up garage doors shall be shown on plans submitted for building permits.
Said doors shall be installed and' maintained as shown on submitted plans.
7. That final detailed landscape and irrigation plans for the proposed development
shall be submitted to the Development Services Division for review and approval. Said
landscape plans shall show minimum 24-inch box sized trees, shrubs, groundcover and vines to
be planted in layers in common areas, and minimum 24-inch box sized trees in the front yard of
each property. All trees shall be properly, professionally, and permanently maintained to ensure
mature, healthy growth.
8. That Variance No. 2004-04597 is hereby granted subject to the approval and
recordation of Tentative Tract Map No. 16440, now pending.
9. That prior to .application for water meters, fire line or submitting the water
improvement plans for approval, the developerlownershnll submit to the Public Utilities Water
Engineering Division an estimate of the maximum fire flow rate and maximum day and peak
hour water demands for the project. This information will be used to determine the adequacy of
the existing water system to provide the estiarated water demands. Any off-site water system
improvements required to serve the project shall occur in accordance with Rule No. 15A.6 of the
Water Utility Rates, Rules and Regulations.
10. Traat all existing water services and fire lines shall conform to current Water
Services Standards Specifications. Any water service and/or fire line that does not meet current
standards shall be upgraded if continued use is necessary or abandoned if the existing service is
no longer needed. The owner/developer shall be responsible for the costs to upgrade or to
abandon any water service or fire line.
11.. That prior to rendering water service, the developer/owner shall submit a set of
improvement plans for Public Utility Water Engineering review and approval in determining the
conditions necessary for providing water service to the project.
12. That water improvement plans shall be submitted to the Water Engineering
- 3 -
Division for approval and a performance bond in the amount approved by the City Engineer and
from the City Attorney shall be posted with the City of Anaheim.
13. That all baclsflow equipment shall be located above ground outside of the street '° "
setback area in a manner fully screened from any public street. Any backflow assemblies
currently installed in a vault shall be brought up to current standazds. Any other large water
system equipment shall be installed to the satisfaction of the Water Engineering Division in
either underground vaults or outside of the street setback azea in a manner fully screened from all
public streets and alleys. Said information shall be specifically shown on plans submitted for
approval by the Water Engineering Division of the Public Utilities Department.
14. That all requests for new water services or fire lines, as well as any modifications,
relocations, or abandonment of existing water services and fire lines, shall be coordinated
through Water Engineering Division of the Anaheim Public Utilities Department.
15. That final detailed site, floor, fencing and elevation plans shall be reviewed by
the Planning Commission as a Report and Recommendation item for approval prior to the
issuance of building permits,
16. That the north-south regional trail (Regional Trail No. 14) shall be constructed by
the developer and permanently maintained by the Homeowners' Association. A maintenance
covenant including provisions for proper maintenance pertaining to the trail shall be reviewed
and approved by the City Attorney's Office prior to the issuance of building permits.
17. 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 10, and as conditioned herein.
16. That prior to issuance of a building permit, or within a period of one (1) year from
the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 4, 5, 6, 7, 9, 11, 12, 13,
14, I S and 16, above mentioned, shall be complied with. Extensions for further time to complete
said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim Municipal
Code.
19, That prior to final building and zoning inspections, Condition No_ 17, above
mentioned, shaII be complied with.
20. 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 acrion or findings as to
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement-
- 4 -
BE IT FURTHER RESOLVED that the City Council of the City of Anaheim does
hereby fmd 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 fmal judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
THE FOREGOING RESOLUTION is approved and adopted by the City Council
of the City of Anaheim this 7's Day of June, 2005, by the following roll call vote:
AXES: Mayor Pringle, Council Members Sidhu, Galloway, Chavez, Hernandez
NOES: None
ABSENT: None
ABSTAIN: None
CITY O AHEIM
By
MAYOR OF THE ANAHEIM
ATTEST:
.L
CLE OF CITY OF ANAHEIM
58373.1
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Item No. 2
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WESTANAHEIM
MEDICAL CENTER
General Plan Amendment No. 2007-00460 (Area A)
Reclasslrica8on No. 2006-00190 (Area A, Area B)
Condillonal Use Permll No. 2006-05175 (Area A, Area B)
Tentative Tract Mep No. 17139 (Area A, Area B)
Requested By: NATALIE TRAN
QUYEN IRAN
3100 West Lindacita Lane, 237 South Beach Boulevard
~~
AREA A
Date: July 9, 2007
Scale: 1 inch equals 200 feet
~~ ~"`<: AREA B O.S. No. 9
1ozs6
General Plan Amendment No. 2007-00460 (Area A)
Reclassification No. '2006-00190 (Area A, Area B)
Conditional Use Pernilt No. 2006-05175 (Area A, Area B)
Tentative Tract Map No. 17139 (Area A, Area B)
Requested By: NATALIE TRAN
QUYEN TRAN
3100 West Lindacita Lane, 237 South Beach Boulevard
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Date of Aerial Photo:
'JuIv 2005
Date: Juty 9, 2007
Scale: 1 Inch equals 200 feet
Q.S. No. 9
lozso
Staff Report to the
Planning Commission
July 9, 2007
Item No. 2
2a. (Motion)
2b; (Recommendation Resolution)
2c. (Resolution)
2d. (Motidn)
2e: (Resolution)
2f. (Motion)
SITE LOCATION AND DESCRIPTION:
(1) These two properties ere identified as Portion A: 3100 West Lihdacita Lane, owned by
Natalie and Quyeh Tran; and Portion Bc 237 South Beach Boulevard, owned'by Quyen
Trait: The properties are 0.27-acre and 1.68-acres respectively. The applicant for this.
request is Mertco, the' developer.
REQUEST.;
(2) The: applicant fequests approval of the following applications:
(a) General Plan Amendment Noi 2007-00460 - to redesignate Portion A from the Low Density
Residehtial designation to thetow-Medium Density Residen8al designation.
(b) Reclassification Noi 2006-00190 - to reclassify Portion A from'the Single-family Residential
(RS-2) zone to tfie Single-Family Residential (RS-4) lone and Portion B from the Transition..
(T) zone o the Single-Family: Residential (RS-4) zone and to remove the Mobile dome Park
(MHP) Overlay zone.
(c) Conditional Use Permit No. 2006-05175 - to construct an 11-unit detached single-family
residential subdivision under authority. of Code Section No.' 18.04.160:010. (Development in
the RS-4 zone) with waiver of a following provision:
CODE SECTION N0.18.40.060.030 Improvement df pdvate street.
(? sidewalks,. 2 parkways' and 28 foot wide
street required; 2 sidewalks, 0 parkway, 28
foot wide street proposed):'.
(d) ', Tentative Tract Mao No. 17139 - to establish a 12 -lot, 11-unit detached single-family
'residehtal subdivision for Portions A and B.
BACKGROUND:
(3) This hearing was continued from the June 11', and June 25, 2007; PlanningCommission
meeting ih order for the'applicant to revise plans and td meet witfi neighbors and for staff to
mail out new notices regarding the project:
{4) These properties are'currentty developed with two single-family residences: 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 Dehsity Residential land uses, properties td the west are designated for LoW '
Density Residential land uses; and properties to the east and sduth are designated for.
Office-LoW and Wate[land uses:' <
Case Planner: Kim6edy Wong.
: srgpa2007-00460_SR_PC70907 Page 1
Staff Report to the
Planning Commission
July 9, 2007
Item No, Z
Staff Report to the
Planning Commission
July 9, 2007
Item No. 2
(6) In order to provide access to Portion B from Lindacita Lane, the applicant proposes to
incorporate Portion A into the development. A General Plan Amendmentis needed to
redesignate Portion A from the Low Density Residential designation to the Low-Medium.
Density Residential designation. Tne attached Exhibit A shows the existing end proposed
General Plan designations for the project site:
(7) The existing Low Density Residential land use designation is intended to provide for the
developmenfof conventional single-family detached houses. This designation is
implemented by the RS-1, RS-2, RS-3, and RH-3 zones. Typicaldevelopment consists of
single-family lots of 5,000 to 10,000 square feet. The permitted density range is from zero
to 6.5 dwelling units per gross acre:
(8) The Low-Medium Residential land use designation is tlesigned to provide fora wide range
of residential uses; including detached, small-lofsingle-family homes, attached single-family
homes, patio homes, zero lot line homes, duplexee, townhouses, and mobile home parks.
This designation is implemented by theRS-4, RM-1', RM-2, and RM-3 zones: The
permitted density range is from zero to 18 dwelling units per gross acre.
DEVELOPMENT PROPOSAL:
(9) The applicant is requesting a reclassification of 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, in connection with a conditional use
permit and tentative tract map to construct 10 detached single family residences and to
maintain an existing. single family residence, for a total of 11 residences. The site plan and
tentative tract map indicate the following site characteristics for the 10 new parcels:
-Deyelopm@nt , , ~ ~ .. ~. ~ ~ " Proposed Project :: ~,~,.. ~ ~ RBA Zone Stantlards -.;,
~.,~,~~:~ ~.::: ~. :, ..:,v~., ..; ..~~,. .,. ..
Site Area 1.95 acres 84,942 s.f. N/A
Densi = 8.3 d:u. er acre 1 t d.u( er acre
Average Net Land Area 3,677 s.f. Determined by CUP
.'per Unit (exclusive of
`access easement
Avera a Lot Covera a 40.4% 50%
Total Parking 2 enclosed & 2 open spaces 2 enclosed & 2 open spaces
e~ unit er unit
Page 3
Staff Report to the
Planning Commission
July 9, 200T
Item No. 2
(10) The site plan indicates ten new single-family residences with the following lot sizes and
setbacksi
Staff Report to the
Planning Commission
July 9, 2007`
Item No. 2
(14) The landscape plan indicates that the developer will install 24-inch box trees and turf in the
front yards: The private rear yards would be improved by each individual homeowner.
Staff has included a condition of approval requiring a detailed landscape plan to ensure that
the plan incorporates a layered lahdscape heme in the front yards..
ENVIRONMENTAL IMPACT ANALYSIS:
(15) Staff has prepared an Initial Study which is available for review in the Planning Department.
The study concludes that there will be no significant environmental impacts; therefore; staff
recommends that a Negative Declaration be approved.
EVALUATION:
(16) The applicant requests an'amendment to the Land Use Element of the General'Plan to
redesignate Portion A from the L'ow Density Residential to the Low-Medium Density
Residential land: use designation.: Since Portion 6 is a landlocked parcel, the purpose of
the redesignation is to incorporate Portion A into the projecland provide access from a
public street. As shown bn the site plan, two units'a~e proposed on Portion A, and an
amendment is }equired toaccommodate the proposed density on this parcel; Staff,
however, believes that the amendment is notneeded since Portion A cah be developed
with'onesingie-family residence rather than two residences as requested byttte applicant.
Moreover, as shown on tfie map tielow, the proposed redesignation of Portion A would
segregate one parcel fora higher density development in a neighborhood of owes density
single. family residences on Lindacita Lane and Grand Avenue. Therefore, staff
reddmmends tfie Planning Commission deny the General Plan Amendment request since
the proposed Low-Medium Density designation would hat be compatible with the
surrounding single family residentialheighborhood.
Page 5
Staff Report to the
Planning Commission
July 9, 2007
Item No: 2
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General Plan land use designations
(17) The applicant proposes to rezone Portion B from the T zone to the RS-4 zone and to
remove the Mobile Home Park (MHP)Overlay zone to construct 10 detached single-family
units and to maintain an existing single-family residence at a density of 8.3 dwelling units
per acre in compliance with the maximum dehsity allowed by the General Plan and the RS-
4lone.
(18) The waiver pertains to required improvement of private streets. Public Works Department
Standard Detail No: 162 requires a minimum private street width of 48 feet (28-foot wide
street and 10-foot wide sidewalks/parkways on`both sides). The applicant proposes to
develop the street without parkways. Since the property is not of an unusual shape; staff
does not believe thafa hardship exists and recommends denial of this waiver request.
(19) Detached, small-lot, single family residences are permitted in the RS-4 zone, subject to the
approval of a cortditiohaf use permitLhder authority of Code Section tJos. 18.04.030:080
and 18.04.160 pertaining to small lot developments: The project varies from Code with
regard to front and rear setbacks for Lot Nos: 8 and 9 in order to create more useable and.
private yard area within the side yard setbacks; Staff believes the proposed project
achieves the best design for this residential product type: This design allows for an
adequate amount of useable open space for residences in the front, side, and rear yards:
These modifications are allowed if the Commission finds that the deviations would achieve
:Page 6
Staff Report to the
Planning Commission
July 9, 2007
Item No. 2
a good project design, enhance the privacy and livability for residents within and around the
project, and create a project that is compatible and consistent with surrounding land uses,
Staff believes that the proposed design achieves these objectives:
(20) The residents of the Cherokee Mobile Home Park located north of Portion B submitted a
petition. The petition states that the ownerof Portibn B currentlygains access through the
mobile home park through. a private access easement. The residents are concerned about
a potential increase in pedestrian and vehicular traffic through the mobile home parkas a
consequence of the new development. The residents further recommend that the access
easement be extinguished sous tb eliminate any future traffic thrbugh the mobile home
park. The private access easement is an agreement between two (2) privete parties,
therefore, the City can not require its elimination.
(21) Staff received twelve (12) letters and a petition (attached) from residents of the adjacent
single-family neighborhood expressing opposition of the proposed access through Lindacita
Lane;
(22) .Although the proposed change of zone of Portion B inconsistent with the General Plan, the
requested General Plan Amendment and: rezone of Portion A is not consistent.: The
.requested amendment and change of zone for Portion A is a major. component of the
proposed project, and therefore, staff recommendn denial of the:request.
FINDINGS:
(23) When practical difficulties br unnecessary hardships result from strict enforcement of the
Zoning.Code, a modification may be'granted fdr the purpose ofassuring thatno property,
because of special circumstances applicable to iY, shahbe deprived of privileges commonly
enjoyed tiyother properties in the same vicinity and zone: The sole purpose of any waiver
is to prevent discrimination and ndne shall be approved which would have the effect of
granting a special privilege not shared by other similae properties: Therefore, before any
waiver isgranted by the Commission, it shall be shown: r
(a) ..That there are special circumstances applicable tb the property such as size, shape,
topography, locationbr surroundings, which tlo not apply to otheridenticallyxoned
properties in the vicinity; and'
(b)< That strict application of the Zoning Code deprives the property of privileges enjoyed
by otfier properties uhderidentical zoning classification in thevicinity;'
(24) Before the Planning Commission grants any conditional use permit in the RS-4 zone, it
must make a finding of fact that the evidence presented shows that all of the following.
conditions exist:
(a) The uses within the projectare compatible;
(b) New buildings or structures related to the projecfare compatible with the scale, mass,
bulk, and orientation of existing buildings in the surrounding area, provided the existing
buildings conform with the: provisions of this title; ;
(c) Vehicular and pedestrian access are adequate;
Page 7
Staff Report to the
Planning Commission
July 9, 2007
:Item No. 2
(d) The project is consistehtwitfi any aoopted designguidelihes applicable to the parcel or-
parcels,'
(e) The size and shape of the site proposed for the use is adequate to allow the full '
developmeht of the proposed use ina 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 haffic in the area;
(g) The impact upon the surrounding area has been mitigated to the maximum extent
practicable;
(h) The project complies with the General Plan and Subdivision Map Act; and
(i) 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.
(25) The State Subdivision Map Acf (Government Code, Section 66473.5) makes it mandatory
to include ih all motions approving, orrecommending approvatofa tracf map, a specific
finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plam Further, the law requires that the Commission
make any of the following findings when denying or recommending denial of a tract map:
1: That the proposed map is not consisteht with applicable General and Specific Plans:
2; That the design or improvement of the proposed subdivision is not consistent with
applicable Generatand Specific Plans:
• 3: That the site is not physically suitable for the type of development.
4. That the site is notphysicafly suitable for the proposed density of development:
5: Thafthe design of the subdivision or the proposed improvements are likely to cause
substantial environmehtal Damage or substantially and avoidably ihjure fish or wildlife or
their habitat..
6i' That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
7: That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision:
RECOMMENDATION;
(26) 'Staff recommends that the Commission take the following actions:
(a) By motion, a rove a Negative Declaratioh:
(b) By resolution, deny General`Plan Amendment No 2007-00460.
(c) By resolution, deny Reclassification No. 2007-00190:
Page 8
'Staff Report to the
Planning Commission
July 9, 2007
Item No. 2
(d) By resolution, denv Conditional Use Permit No. 2006-05175 with waiver of
minimum private street standards.
(e) By motion, denv Tentative Tract Map No. 17139. "'
CONDITIONAL USE I°ERMfT N0. 2006-05775
L That prior to issuance of a grading permit, the applicant shall submit to the Public Works Department,
.Development Services Division for i-eview and approval a Water Quality Management Plan that:
• Addresses Site Design' Best Management Practices (BMPs) sucR as minimizing impervious
areas,>'maximizing permeability,'minimizing"directly connected°mpervious areas,'creating.'.:
reduced or "zero discharge" areas, and conserving natural'areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage` Area
Management Pian.
2. That prior to issuance of a certificate of occupancy, the applicantshall:
• Demonstrate that all structural BMPs descnbed in the Project WQMP have been'constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
ProjectWQMP.
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite:
•' Submit for review and approval by the City an Operation and Maintenance Plan for ali structural
BMPs. `
3. That the owner shall remove existing driveway approaches and construct new dnveway approacnes,
curb, gutter,' and sidewalk. Parkway irrigation shall be connected to the on-site irrigation ystem and
maintained by the property owneC'A bond for the improvements shall be posted in an amount
approved by;the City Engineer and a form approved by the City Attorney prior to issuance of a building
`permit. A Right of Way Construction Permit shall be obtained from the Development Services Division
foFall work performed in the publidright-of--way. Improvements must be oomplete prior to final building
and zoning inspections.
4. That no required parking area shall be fenced or otherwise enclosed for storage uses.
5. That any required relocation of City electrical facilities shall be at the developer's expense. That
landscape`and/or hardscape screening of ail pad-mounted equipment shall be required and shall be
shown on plans submitted for building permits.
6. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to
the Public Works Department, Streets and Sanitation Division for review and approval prior to issuance
of building permits
7. That the locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, Qtc:, shall be shown on
Page 9
Staff Report to the
Planning Commission
July 9, 2007
Item No. 2
plans submitted foCbuilding permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening., color of walls; materials, identifiers, access points, etc,) and shall be
subject to the review and approval of the appropriate City deparhments.
8. That all requests for new water servicesor fire lines, as well as any modifications, relocations, or
abandonmentofaxisting water services and fire lines, shalt be coordinated through the Water.
Engineering Division bf the Anaheim Public Utilities Department
9. That any new backflow equipment shall be located above ground outside of the street setback area
in a manner fully screened from all public streets. Any backflow assemblies currently installed in a
vault shallbe brought up to current standards. Existing large water system equipment shallbe fully
screened from all public streets and alleys. Said information shall tie shown bn plans and. approved
by Water Engineering and Cross Connection Control Inspector before submittal for building permits.
10. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service. and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
owneddeveloper shall be responsible for the costs to upgrade or to abandon. any water service or fire
line.
1 L That all air conditioning apparatus and other roof and ground-mounted equipment shall be propedy
shielded from view and the sound buffered from adjacent residential properties and the public right-of-
way. Such information shall be specficallyshown on he plans submitted for building permits:
' 12. That final building elevation plans shall be submitted to the Planning Services Division incorporating
the use bf articulation and variety df arcnitectural styles. Any decision made by the Planning
ServicesDivision regarding said plan maybe appealed to the Planning Commission as a Reports and
Recommendations item.
13. 'That final landscape and fencing plans for the subject property shall be submitted to the Planning
Department for review and approval. Said plans sftall show minimum 24,inch tiox size trees, shrubs,
groundcover, and clinging vines to be planted in layers along all walls visible from thepublic rightof-
way. Thelandscape material selected shall be appropriate to the width of either the parkway or the
planter area. Any decision matle by the Planning Services Division regarding said: plan maybe
..appealed to the Planning Commission as a Reports and Recommendations item. A1I trees shall be
property and professionally maintained by he property owner to ensure mature, healthy growth`.' Such
information shall be'spec~cally shown on the plans submitted for building permits.
14. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and whicfi plans are on file with the Planning';.
Department marked Exhibit Nos. 1 through 5, and as conditioned herein.
15. That approval of this, application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and anypther applicable City, State and
Federal regulations. Approval dons not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
16. That timing for compliance with conditions of approval maybe amended by the Planning Director
upon a showing of good cause provided (i) equivalent timing is established that satisfies the original
intentand 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.
Page 10
Staff Report to the
Planning Commission.
July 9, 2007
Item No. 2
TENTATIVE TRACT MAP N0. 17139
1. That prior to approval of the final map, the existing buildings on Portion A shall be demolished, The
legal property owner shall obtain a demolition permit from the Building Division.
2. That the legal property owner shall execute a Subdivision Agreement, in a form approved by the
City Attorney, to complete the required public improvements of the legal property owner's expense.
Said agreement shall tie submitted to thePublic Works Department, Subdivision Section approved
by the City Attorney and City Engineer and then recorded concurrently with the final parcel map.
3. That an unsubordinated restricted covenant. providing reciprocal access and parking approved by
Planning Services Division and in a form satisfactory to the City Attomey shall be recorded with the Office
of the Orange County;Recorder: A copy of the recorded cdvenanYshall then be submitted to the
Development Services: Division: In addition,: provisions shall be made in the covenant to guarantee that
the residences shall be managed and' maintained as one (1) integral parcel for purposes of vehicular
access and circulation and that the covenant shall be referenced in all deeds transferring all or any part of
the interest in the property.
4. That prior to approval of the final map, a maintenance covenant shall be submitted to the Subdivision
Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance
of private facilities, including compliance withapproved Water Quality Management Plah, and a
maintenance exhibit: The covenant shall !be recorded concurrently with the final map:
5. That theaccess drive, sanitary sewer and storm drain within tfte development shall be privately
maintained: Improvement plans for the sanitary sewer, and private drainage system shall be;
submitted to the Public Works Department, Development Services Division concurrently with the final
map.
6. That prior fo issuance of the first building permit, the final map shall be submitted to and approved'by the
City of Anaheim and the Orange County Surveyor and then shall be recorded in the OfFlce of the Orange
County Recorder (Subdivision Map Act, Section 66499:40).
7. That approval of this tract map is granted subject to the approval of General Plan Amendment No.
2007-00460, Reclassification No: 2007-00190 and Conditional Use Permit No: 2006-05175:
8. 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 anyothef applicablecrdinance, regulation or requirement.
9. 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.
RECLASSIFICATION NO: 2007-00190:
1: That prior to introduction of an ordinance rezoning subject property, a'preliminary title report shall
be furnished to the Planning Services Division showing the legal vesting of title, a legal description
and containing amap of the property: The City Council may approve or disapprove a zoning
ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in Anaheim
Page 11
Staff Report to the.
Planning Commission
July 9, 2002
Item No. 2
Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are
complied with within one (1) year from the'date of this resolution, or such further time as the'.
Planning Commission may grant.
2. That timing for compliance with conditions of approval may tie 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 applicaht has demonstrated significant progress toward establshmenfof ttte use
' or approved structure.
3.. That approval of this application constitutes approval of the proposed request only to the extent thaf
it complies with the Anaheim Municipal Zoning Code and any other applicable City; State and
Federal regulations. Approval does not ihclude ahy action or findings as to compliance'ofapproval
of the'request regarding any other applicable ordinance, regulation or7equirement.
Page 12
[DRAFT]
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR GENERAL PLAN AMENDMENT NO. 2007-00460 BE GRANTED -
{3100WEST LINDACITA LANE)
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, the Planning Commission denied an amendment to the Land Use Element of
the General Plan to redesignate this irregularly-shaped 0.27-acre property having a frontage of 47 feet on the
southeast side of Lindacita Lane and a maximum depth of 142 feet, and further described as 3100 West
Lindacita Lane from the Low Density Residential to the Low-Medium Density Residential land use
designation; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 11, 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 vse permit and to investigate and
make findings and recommendations in connection therewith; and that said public hearing was continued to
the June 25, and July 9, 2007, Planning Commission meeting; 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 evidence presented does not substantiate the need for an amendment to the
Anaheim General Plan as it is inconsistent with the surrounding neighborhood.
2. That the project could be amended to comply with the general plan in a manner that would
be consistent with the surrounding land uses.
3. 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 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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 9, 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 Resolukion in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
Cr\PC2007-0 -1- PC2007-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on July 9, 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
-2- PC2007-
[DR~,FT]
RESOLUTION NO. PC2007--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2006-00190 BE DENIED
(237 SOUTH BEACH BOULEVARD AND 3100 WEST LINDACITA LANE)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for
Reclassification for certain real property situated in the City of Anaheim, County of Orange, State of
California described as follows:
THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND
NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND
WESTERN AVENUE IN THE COUNTY OF ORANGE; STATE OF CALIFORNIA, A3
SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEYOR'S TRANSIT BOOK
114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID
ORANGE COUNTY ON OCTOBER 23, 1957;
THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE
199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE
DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45" WEST ALONG
SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE
OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON
OCTOBER 23, 1957;
THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A
CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADIUS OF
1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'05" AN ARC DISTANCE OF
27.96 FEET TO A LINE TANGENT;
THENCE NORTH 67°32'10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 9°58'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE
TANGENT;
THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE
OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY
ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40"
WEST, 983.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN
IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING
DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER
LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11,
ON OCTOBER 29, 1957.
CR\PC2007- -1-
PC2007-
EXCEPT THEREFROM ALL OIL, GAS MINERALS AND OTHER HYDROCARBONS
BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS
RESERVED IN INSTRUMENTS OF RECORD.
A PERPETUAL NON-EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR
INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED
WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF TH:E NORTHEAST. ,
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN B
BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, -
STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING'
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 14;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER SOUTH 89°36'49"WEST 40.00 FEET TO THE WESTERLY LINE OF SAID
BEACH BOULEVARD AS NOW ESTABLISHED;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH
BOULEVARD SOUTH 0°10'15" EAST 25.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET SOUTHERLY,
MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER SOUTH 89°36'49" WEST 319.00 FEET;
THENCE SOUTH 51°18'09" WEST 86.58 TO A LINE THAT IS PARALLEL TO AND
85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY
LINE OF SAID SOUTHEAST QUARTER;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49"WEST 436.00 FEET;
THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14
SOUTH 0°17'30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00.
FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 14;
THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°38'03"
EAST 130.00 FEET..
EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY
DESCRIBED IN DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED
PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER,
RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 1976 IN BOOK 11957,
PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA.
LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 60, PAGES 29 AND
30, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF
SAIp COUNTY.
-2-
PC2007-
EXCEPT THEREFROM ALL OIL, GAS, MINERALS, AND OTHER HYDROCARBON
SUBSTANCES LYING BELOW A DEPTH OF 500 FEET BUT WITHOUT THE RIGHT
OF SURFACE ENTRY TO TAKE, MARKET OR DRILL FOR SAME.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the -
City of Anaheim on June 11, 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 that said public hearing was continued to
the June 25, and July 9, 2007, Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of ali evidence and reports offered at said hearing, does find
and determine the following facts:
1. The applicant requests for reclassification of Portion A from the RS-2 (Single Family
Residential) zone to the RS-4 (Single Family Residential) zone and Portion B from the T (Transition) zone to
the RS-4 (Single Family Residential) zone.
2. That although the Anaheim General Plan designates Portion B for Low-Medium Density.
Residential land uses and the proposed RS-4 (Single Family Residential) zone is an appropriate
implementation zone for this land use designation, the Anaheim General Plan designates Portion A for Low
Density Residential land uses and the proposed RS-4 (Single Family Residential) zone is not an appropriate
implementation zone as the proposed zone would be inconsistent with the adjacent single-family properties.
in the neighborhood.
3. That proposed reclassification of Portion A is not necessary and/or desirable for the orderly
and proper development of the community.
4. That the proposed reclassification of Portion A does not properly relate to the zones and the
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community as it would not be consistent with the type of housing
envisioned for the area.
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 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 far Reclassification on the basis of the aforementioned findings.
_3_ PC2007-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 9, 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 July 9, 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-
[DRAFT]
RESOLUTION NO. PC2007--"`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05175 BE DENIED
(237 SOUTH BEACH BOULEVARD AND 3100 WEST LINDACITA LANE)
WHEREAS, the Anaheim Planning Commission did receive a verified petition for Cohditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California
described as follows:
THAT PORTION OF THE WEST 5 ACRES OF THE SOUTH HALF OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 14,
TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, RANCHO LOS COYOTES, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP
RECORDED IN BOOK 51, PAGE(S) 11, OF MISCELLANEOUS MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
THAT LIES NORTHWESTERLY OF A LINE PARALLEL WITH AND
NORTHWESTERLY 45.00 FEET FROM THE FOLLOWING DESCRIBED LINEN
COMMENCING AT THE CENTER LINE INTERSECTION OF ORANGE AVENUE AND
WESTERN AVENUE IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SAID INTERSECTION IS SHOWN IN COUNTY OF SURVEYOR'S TRANSIT BOOK
114, PAGE 32 ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID
ORANGE COUNTY ON OCTOBER 23, 1957;
THENCE SOUTH 0°33'45" EAST, ALONG SAID WESTERN AVENUE CENTER LINE
199.71 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE TO BE
DESCRIBED, SAID POINT ALSO BEING DISTANT NORTH 0°33'45"WEST ALONG
SAID WESTERN AVENUE CENTER LINE 2468.65 FEET FROM THE CENTER LINE
OF BALL ROAD, AS SHOWN IN SAID TRANSIT IN BOOK 114, PAGE 32 ON
OCTOBER 23, 1957;
THENCE FROM SAID TRUE POINT OF BEGINNING NORTHEASTERLY ALONG A
CURVE NON-TANGENT, CONCAVE NORTHWESTERLY HAVING A RADIUS OF
1600.00 FEET THROUGH A CENTRAL ANGLE OF 1°00'05" AN ARC DISTANCE OF
27.96 FEET TO A LINE TANGENT;
THENCE NORTH 67°32'10" EAST, 2073.00 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 1800.00 FEET;
THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 9°58'50", AND RANCHO CUCAMONGA DISTANCE OF 313.55 FEET OT A LINE
TANGENT;.
THENCE NORTH 57°33'20" EAST, 497.62 FEET TO A POINT IN THE CENTER LINE
OF STANTON AVENUE AS SHOWN IN COUNTY SURVEYOR'S OF SAID COUNTY
ON OCTOBER 29, 1957; SAID POINT BEING DISTANT THEREON NORTH 0°26'40"
WEST, 963.26 FEET FROM THE CENTER LINE OF ORANGE AVENUE AS SHOWN
IN SAID TRANSIT BOOK 107, PAGE 11 ON OCTOBER 29, 1957, AND ALSO BEING
DISTANT THEREON SOUTH 0°26'40" EAST, 1868.30 FEET FROM THE CENTER
LINE OF LINCOLN AVENUE AS SHOWN IN SAID TRANSIT IN BOOK 107, PAGE 11,
ON OCTOBER 29, 1957.
CR\PC2007- -1- PC2007-
EXCEPT THEREFROM ALL OIL, GAS MINERALS AND OTHER HYDROCARBONS
BELOW A DEPTH OF 500 FEET, WITHOUT THE RIGHT OF SURFACE ENTRY, AS
RESERVED IN INSTRUMENTS OF RECORD.
A PERPETUAL NON-EXCLUSIVE SURFACE EASEMENT FOR VEHICULAR
INGRESS AND EGRESS OVER A STRIP OF LAND 30.00 FEET IN WIDTH SITUATED
WITHIN THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, SAN B
BERNARDINO MERIDIAN, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, THE CENTER LINE OF SAID 30.00 FOOT STRIP BEING'
DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
THE NORTHEAST QUARTER OF SAID SECTION 14;
THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID SOUTHEAST
QUARTER SOUTH 89°36'49" WEST 40.00 FEET TO THE WESTERLY LINE OF SAID
BEACH BOULEVARD AS NOW ESTABLISHED;
THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID BEACH
BOULEVARD SOUTH 0°10'15" EAST 25.00 FEET TO THE TRUE POINT OF
BEGINNING;
THENCE ALONG A LINE THAT IS PARALLEL TO AND 25.00 FEET SOUTHERLY,
MEASURED AT RIGHT ANGLES, FROM THE NORTHERLY LINE OF SAID
SOUTHEAST QUARTER SOUTH 89°36'49"WEST 319.00 FEET;
THENCE SOUTH 51°18'09"WEST 86.58 TO A LINE THAT IS PARALLEL TO AND
85.00 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM THE NORTHERLY
LINE OF SAID SOUTHEAST QUARTER;
THENCE ALONG SAID PARALLEL LINE SOUTH 89°36'49" WEST 436.00 FEET;
THENCE SOUTHERLY PARALLEL WITH THE WESTERLY LINE OF THE
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 14
SOUTH 0°i T30" EAST 565.28 FEET MORE OR LESS TO A POINT THAT IS 15.00
FEET NORTHERLY MEASURED AT RIGHT ANGLES, OF THE SOUTHERLY LINE OF
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST
QUARTER OF SAID SECTION 14;
THENCE EASTERLY PARALLEL WITH SAID SOUTHERLY LINE NORTH 89°36'03"
EAST 130.00 FEET.
EXCEPTING THEREFROM THAT CERTAIN PORTION THEREOF PARTICULARLY
DESCRIBED IN DEED FROM CHEROKEE MOBILE GARDENS, A LIMITED
PARTNERSHIP TO ELIZABETH LANCASTER AND GEORGE MILES LANCASTER,
RECORDED AS INSTRUMENT NO. 15932 ON NOVEMBER 11, 1976 IN BOOK 11957,
PAGE 1929, OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA.
LOT 35 OF TRACT 2611, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE
OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 80, PAGES 29 AND
3Q MISCELLANEOUS MAPS, iN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
-2- PC2007-
"WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on June 11, 2007, at 2:30 p.m., notice of said public hearing having been duty 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 that said public hearing was continued to .._
the June 25, and July 9, 2007, Planning Commission meeting; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does .find
and determine the following facts:
1. That the applicant proposes a conditional use permit to construct an 11-unit detached single-
family residential subdivision with waiver of the following provision:
CODE SECTION N0.18.40.060.030 Imorovement of private street.
(2 sidewalks, 2 parkways and 28 foot wide street
required; 2 sidewalks, 0 parkway, 28 foot wide
street proposed)
2. That the requested waiver is hereby denied, because the property is not an irregular shape
.and does not have unusual topography. Compliance with this development standard would not deprive this
property of privileges enjoyed by neighboring properties as similar waiver requests have not been granted in
the vicinity.
3. That although the requested conditional use permit meets the development and design
standards for small-lot development, the request is also contingent upon approval of General Plan
Amendment No. 2007-00460 for Portion A. The requested amendment of the General Plan would adversely
affect the adjcining land uses, and the growth and development of the area since it is inconsistent with the
adjacent single-family residential neighborhood therefore the conditional use permit is also denied.
4. That the size and shape of the site of Portion A of the project is not adequate for the full
development of two (2) single-family residences as it is inconsistent with the adjacent neighborhood.
5. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in oppositipn to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal and does hereby approve the Negative Declaration upon finding that
the declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the putilic 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 Conditional Use Permit on the basis of the aforementioned findings.
-3- PC2007-
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 9, 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
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 July 9, 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-
City of Anaheim
PLP-NI~]ING EI~A12TIi/IE[VT'
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
July 9, 2007.
2a. CEQA NEGATIVE DECLARATION
2b. GENERAL PLAN AMENDMENT NO. 2007-00460
2c. RECLASSIFICATION NO. 2006-00190
2d. WAIVER OF CODE REQUIREMENT
2e. CONDITIONAL USE PERMIT NO. 2006-05175
2f. TENTATIVE TRACT MAP 1V0. 17139
Owner: Natalie Tran, 3100 Lindacita Lane, Anaheim, CA 92804-1715
Quyen Tran, 237 South Beach Boulevard, Anaheim, CA 92804-1815
Agent: Mertco, ATTN: Roy Ward, 2614 Ocean Boulevard, Corona Del Mar, CA
92625
Location; 237 South Beach Boulevard and 3100 West Lindacita Lane.
General Plan Amendment No. 2007-00460 -Request to redesignate Portion A from
the Low Density Residential designation to the Low-Medium Density Residential
designation.
Reclassification No. 2006-00190 -Request reclassification of Portion A from the RS-2
(Single Family Residential) zone, or a less intense zone, and Portion B from the T
(Transition) zone to the RS-4 (Single Family Residential) zone, or a less intense zone
and to remove the Mobile Home Park Oveday 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.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has reviewed the proposal to establish a
12 numbered and 1 lettered lot, 11-unit detached single-family residential subdivision for
Portions A and B and does hereby approve the Negative Declaration.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed
tentative map, including its design and improvements, is inconsistent with the Anaheim
General Plan, and does therefore deny 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.
TTM17139_exceryt
200 South Anaheim Boulevard
P.O. Box 3222
Anaheim, Calitarnla 926173
www.anaheim.ne~ TEL (774) 765-5139
PETITIONER'S STATEMENT OF Attachment -Item No.
NSTIFICATION FOR VARIANCE/CODE WANER
(NOT REQUIRED FOR PARKING WANER)
REQUEST FOR WANER OF CODE SECTION: 18.40.060.030
(A sepazate statement is required for each Code waiver)
PERTAINING TO: Improvement of a private street
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 applicable to the property, including size, shape, topography, location ox
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
Z. 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 agsst the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages..
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? x Yes _No.
answer is "Yes," describe the special circumstances:
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? T Yes x No
If your answer is "yes," describe how the property is different: This is the only development in the vicinity under the RS-4,
small lot development standards.
3. Do [he special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes x No
If your answer if"yes," describe the special circumstances:
Same as above.
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? x Yes _No
EXPLAIN: This is eland-locked parcel. The intent of providing a private street is to provide both vehicular and pedestrian
access Both are provided the development only lacks a landscaped parkway.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Cade 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
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
Mertco
Signature of Property Owner or Authorized Agent Date
CONDTTIONAL USE PERMITNARIANCE NO.
376251DECP.MBEA l2, 2000
Item No. 3
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LOT RLL 6141248
RCL 55-57-93 RCL 5867.14 RCL 2004-00129
RCL5651-83 CUP 2918 RCL S&s]-03 RLL 9&00-15
VAR432fi VAR 4328 T-FSP 200860000
VACANT RCL 6857.14
VAR 32]8 'VAR 3218 FSP 200560003 RCL 56-57-93
OFFlCES PARKMG VAR 3008 VAR 4235
lAT T~FSP 2002-00003 OAG 2005-00008
VAR 35BT
s
- FSP BB60
SC
3 4j TILE
E(,
T'9.. I UP Zi1 STORE
IIPIMUI i(PiMU)
RCLBB43N5 RLL BB bUt'S
RCL BB-0b15
RLL 6667-14 PLLBB5/-14 ROLBB60-j15
RCL 6867-83
RCLfi&6]-B3
RCL6S61-14 RCL 686
RCL fi637-B3
GIIP 1853 CUP 1853 RCLfi0.fi7A3 yAR 3482
OFFICES OFFICES CUP 1853 yqq X86
OFFlLES VAR 3587
OFFlCE6
ALL PROPERTfES ARE IN THE PLATINUM TRIANGLE.
Environmental Impact Report No. 2006-00335
General Plan Amendment No. 2006-00446
Miscellaneous Penult No. 2006-00162
Zoning Code Amendment No. 2007-00054
Conditional Use Permit No. 2006-05134
Development Agreement No. 2006-00004
Tentative Tract Map No. 17089
Requested By: DREW SINGER
1969 South State College Boulevard
~~~ Subject Property
Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 106
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10298
-Staff Report to the
Planning Commission
July 9, 2007
Item No. 3
3a. (Resolution)
3b. (Recommendation Resolution)
3c.
(Recommendation Resolution)
3d. (Recommendation Motion)
3e. (Resolution)
3f. (Recommendation Resolution)
39• (Motion)
SITE LOCATION AND DESCRfPTION:
(1) The 17.5-acre property is, identified as the Gene Autry Experience end is located et 1969
South State College Boulevard. The propertyowner is AMB Property, L.R and the
applicant is New Urban West, Inc..:
REQUEST::
(2) The. applicant requests approval of the following applications (the "Proposed Actions") to
construct 1,208 residential units, 100,000 square feet of office uses and 50,000 square feet
of commercial uses:
Environmental Impact Report No. 2006-00335- to serve as the. primary environmental
document for the proposed project actions and subsequent actions related to'
implementation'of the Gene Autry Ezperience'project.
General Plan Amendment 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
Triangle by 699 dwelling units.
Amendment tb The Platinum Triangle MasterLand Use Plan (Miscellaneous Permit No.
2006-00162) = to increase the maximum number of dwelling units in the Gene Autry District
from 1,000 to 1,699 and the total number of units in The Platinum Triangle. from 9,567 to
10,266.
Zoning Code Amendment No: 2007-00054 - to amend 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(numbe~ of dwelling units in7he Platinum
Triangle from 9,567 to 10,266.
Conditional Use Permit No. 2006-05134 - to permit building heights over 100 feet (up to
300 feet for the proposed project).
Development Agreement tJo. 200ti-00004 - to enter into a Development Agreement
between tfie City of Anaheim and AMB Property L.P. for the Gene Autry Ezpe~ience mixed
use development.
Tentative Tract Mao No: 17089 - to establish a 21-lot mixed use subdivision with 1,208
Yesidential units, 100,000 square feet of office; and, 50,000 squa~e'feet of commercial
Case Planner: Susan Kfm
srGPA2008.00446sk_PC070907 Pagel
Staff Report to the
Planning Commission
.July 9, 2007
Item No. 3
with maximum heights ranging from 150 to 300 feet. The development areas have a
residential density range between 15 units per acre, for units proposed overTetail
development, to 172 units. peracre, for one of the residential towers:,She average density
is 68.63 whits per acre. The project also includes up to 50,000 square feet of commercial
uses and 100,000 square feet of office uses, including an iconic office building, which could
be up to 250 feet in height, at the comer of State College Boulevard and Katella Avenue.
Theproposed development areas and building heights are shown below.
(t3) Access to the project would be provided at Market Street and Gene Autry Way as wellas
Artisan Courtand State College Boulevard. Aright-out-only private street is proposed to
the south of Gene Autry Way on State College Boulevard. The .internal streeEcirculation is
in a grid pattern; all building access would be provided via driveways and. private streets off
of the intemal street circulation system. Parking would be provided in underground parking
facilities. A1imited number of on-sheet parking spaces would tie provided in froht of the
proposed retaif uses along "B" Street. Emergency access: is shown below with hatched
lines
(9) A 1.5-acre public park (indicated as Public Parks 1 and 2 below) would be located along
Gene Autry Way and would contain open areas of lawn and paved piazzas connected by
several water features and landscape areas; In addition, a 0.3-acre public park (Public
Park 3) would beddcated within the interior of the residential portidn of the'project.'Parks 1
• anlj $ would tie dedicated to the City; Park 2 would Rave a public open space easement
instead of dedication because underground parking far the office building is proposed
under the park: The parks would be maintained by the homeowner's'association.
Proposed Development Areas. Building Heiohts. Access and Parks
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Page 3
1 MEAJ
f~ff>oC 1~9lIr~
Staff Report to the
Planning Commission
July 9; 2007
Item No. 3
DISCUSSION:
General Plan Amendment: Amendment to the PTMLUP ahd Zoning Code Amendment
(10) The General Plan, Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone
limit the maximum permitted development in The Platinum Triangle: The proposed
development exceeds the allowable resitlential developmehf ihtensity in the Gene"Autry
District within The Platinum Triangle by 699 dwelling units.. This additional development
intensity requires amehdments td the General Plan; PTMLUP and the PTMU Overly Zone:
The table below indicates the maximum permitted development intensity permitted in the
Gene AutryDistrict; the amouht existing or entitled to other projects; the?emaining
ihtensity; and the proposed development.
Gene Autry District -Development Intensities
Use Permitted Existing/Entitled Remaining 'Proposed
Dwelling Units ,1,000 491 509 1,206
Office (sq: ft.) 100,000 0 1170,000 ' 100,000
Commercial (sq. ft.) 174,100 118,500 55,600 50,000.
Conditional Use Permit:
,(11) Code Section No. 18:20.050 (Structural Heights) of the PTMU Overlay Zone allows building
heightsover 100 feet subject to the approval of a conditional use permit. The applicant
requests a conditional use permit for maximum building heights ranging from 150 to 300
feet in the following development areas:
Develoomeht Areas 'Maximum Height
B, D, E, G, I, and J 150 feet
FK, and L 250 feet
A, C, and H 300 feet
(12) Proposed mitigation for this project requires the applicant to demonstrate that the buildings
will not create adverse shade/shadow impacts to residential,7ecreational, outdoor dining or
'pedestrian areas.
Develooment Agreement:
(13) Development in the PTMU Overlay Zone is implemented by the property owner entering
into a standardized form of a developmenE'agreement with the City and the approval of
either a final'site plan or, for development over twelve acres,'a master site,plan showing
conformance with theprovisiohs of the PTMLUP and tfte PTMU Overlay Zone.
(14) Staff has reviewed the proposed development agreement, including the proposed master
site plan (Exhibit "B" of the development agreement) and finds that the agreement has
been prepared in conformance with`tlle formbf the standardized Platinum Triangle'
Development Agreement. The master site plan will be consistent with the provisions of the
Geherat Plah, PTMLUP and'the PTMU Overlay Zone; if the amendments described in
Paragraph(10)are approved.
Page 4
Staff Report to the
Planning Commission
July 9, 2002.
Item No. 3
Tentative Tract Map
(15) Theapplicant has submitted a tentetive tract map to establish a 21-lot subdivision for '
development of the proposed project: The tentative tract map will. be implemented through
two final phased tract maps. The tract map will be in conformance with the provisions of
the PTMLUP and the PTMU Overlay Zone and consistent with. the goals and policies of the
General Plan Mized Use land use designation, if the amendments described in P,aregraph
(10) are approved.
ENVIRONMENTAL IMPACT ANALYSIS:
(16) Prior to approval of the Proposed Actions, Fihal Environmental Impact Report No: 2006-
00335 (the "FEIR") must be certified and Findings of Fact, a Statement of Overriding
Considerations and Mitigetion Monitoring Program No. 143 must be edopted:
(17) TheFEIR consists of the Draft Environmental Impact Report (the ".DEIR") and the
Response to Comments documents Tfie OEIRprovides arc analysis of the proposed project
and a description of the anticipated environments(impacts related to the proposed project.
The Response to Commentsdocument includes the comment letters received on thee:
DEIR; a response to each letter,: revisions to the DEIR and Mitigation Monitoring Plan No.
143, which provides the timing end monitoring to implement the measures required to
reduce the environmentaf impacts related to theproposed project:=The' DEIR was
'circulated fora 45-daypublicreview period thafended on May 25 2007. The Response to
Comment document was circulated fora 10-day public review period on June 29, 2007:
• The DEIR and the Response to Comments document have been provided to the Planning
• Commission and are on file to the Planning Department:
(18) The FEIR indicates that the Proposed Actions would' have significant unavoidable adverse
impacts related to air quality, noise and traffic:' Short term air quality and noise impactsare
'related to'construction activities. Long term air quality jmpacts are associated with vehicle
emissions. Traffic impacts are indicated of the intersection of State College Boulevartl and
' Gateway during the p.m peak hour.. All other impacts'are identified as less'than significant
with mitigation.
(19) When significant unavoidable adverse impacts are identified by the FEIR, Findings of Fact
and a Statement of Overriding Considerations must be adopted in conjunction with the
certification of the FEIR: A draft document (The Gene Autry Experience Environmental
Impact Report Findings of Fact and Statement of Overriding Considerations) has been
prepared for the project, providetl to the Plashing Commission and is on file in the Planning
Department. Thisdocument includes findings foreach of the significant impacts related to
the Proposed Actions and tfte merits of approving the actions against the sign cant
'unavoidable adverse impacts.
(20) Since the project is anticipated to have significant adverse impacts that cannot be
mitigated, tfte benefits of the proposed project must be'balanced against these
environmental impects in determining wftether to epprove the project If the benefits of the
project outweigh the unavoidable adverse effects, those effects may be considered
"acceptable." The benefits described by the draft Findings of Fact and Statement of
Overziding Considerations include that the proposed project would provide needed housing
for the City; improve the City's jobs/housing balance, implement the Air Quality
Management Plan's land use strategies and realize the objectives established for the
proposedproject.
..Page 5
Staff Report to the
Planning Commission
July 9, 2007.
Item No. 3
FINDINGS:
(21) Prior to making a recommendation to City Council for approval of a General Plan
Amendment, the Planning Commission shall make the following findings c
(a) The proposed amendment maintains the internal consistency of the General Plan;
(b) The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City;:
(c) The proposed amendment would maintain the balance of land uses within the City;.
and
{d) If the amendment is to the General Plan Land Use Map, the subject property is
physically suitable to accommodate the proposed modification, including but not.
limited to access;physical constraints, topography, provision of utilities, and
compatibility with surrounding land uses.
(22) Prior to approving an amendment to The Platinum Triangle Master Land Use Plan,
Planning Commission shallmake the following findings:
(a) That the proposed amendment is consistent with the goals and policies for the
developmentof The Platinum Triangle as set forth in the City of Anaheim General
Plan.:.:
(h) That the proposed amendment is consistent with the goals and policies set forth in
The Platinum Triangle Master Land Use Plan.
(c) That the proposed amendment will result in development of desirable character that
will be compatible with proposed development in the surrounding area.
(d) That the proposed amendment respects environmental, aesthetic and historic
resources oonsistentwith economic realities:
(23) Prior to approving a conditional use permit, Planning Commission shall make the following
findings:
(a) That the use is properly one for which a conditional use permit is authorized by the:
Zoning Code, or is ah unlisted use as defined ih Subsection :030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape oEthe site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to he 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 he area; and
{e) That the granting of the conditional use permit under the conditions imposed, if any,.
will not be detrimental to the health and safety of the citizens of the City of Anaheim..
(24) Prior to making a recommendation to City Council for approval of a Development
Agreement, Planning Commission shall determine whether the applicant has demonstrated.
Page 6
Staff Report to the
Planning Commission
July 9, 2007
Item No. 3
eligibility to enter into the Development Agreement by finding the project atisfles one or
more of the eligibility requirements set forth below:
(a) That the project shall occupy at least 50 acres; or
(b) That, upon completion, the project shall result in the construction df at least 250
dwelling unity, 250,000 square feet of commercial-office space, o~ 250,000,square
feet of industrial space; or
(c) That the project will be constructed in phases over art anticipated period of not less
than 5 years; or
(d) That a project shall be eligible if the Planning Director finds that the public health,
safety or general welfare of the citizens of Anaheim will best be served by accepting
an application forconsideration by the Planning Commission and City Council.
The Commission must also determine whether the proposed Agreement is cbnsistenf with
the General Plan; compatible with the uses authorized in and the regulations prescribed for
the applicable zoning district, compatible with the orderly development of property in the
surrounding area; and not otfterwise detrimental to the health; safety'and general welfare of
tfie citizens of Anaheim.'
(25) Prior to approving a tentative tract map, the State Subdivision Map'Act (Government Code,
Secttoh 66473.5pmakes it mandatory to include in all :motions approving, or recommending
approval of a tract map, a specific finding that the proposed Subdivision together with its
design and improvement is consistent with the City's General Plan: Further, the law
requires that the Commission make any of the following findings when denying or
recommending denial df a tract map:
(a) That the proposed roap is not consistent with applicable General and Specific Plans.
(b) That the design or improvement of the proposed subdivision is not consistent with
applicable Geheral and Specific Plans..
(c) That the site is not physically suitable for the type of development.
(d) That the site is not physically suitable for the proposed density of development.
(e) That the design of the subdivision or the proposed improvements arelikely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat.
(f) That the design of the subdivision or the type of improvements is likely to cause.
serious public health problems.
(g) That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision.
Page 7
Staff Report to the
Planning Commission
July 9, 2007.
Item No. 3
RECOMMENDATION:
(26) Staff recommends that the Planning Commission take the following actions:
' (a) By resolution, oerti EIR No. 2006-00335 and adopt the Gene Autry Experience
Environmental Impact Report Findings of Fact and Statementbf Overriding.
Cbnsiderationsand MitigationMonitdring Program No; 143. ,
(ti) By resolution, recommend to City Council that General Plan Amendment No. 2006-
00446'be approved.
(c) By resolutioh, recommend to City Council that Amendment to the Platinum Triangle
Master Land Use Plan (MIS2006-00162) be approved.
(d) By motion, recommend to City Council that Zoning Cade Amendment No, 2007-
00054 as described in the attached draft ordinance be approved.
(e) By resolution; approve Conditional Use Permit No: 2006-05134.
(f) By resolution, recommend td City Council that Development Agreement No. 2006-
00004 be approved and entered into by the City of Anaheim. and AMB Property LP.
(g) By motion, ao rove Tentative Tract Map No. 17089.
Page 8
[®~Fr~
RESOLUTION NO. PC2007--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
(A) CERTIFYING FINAL ENVIRONMENTAL IMPACT REPORT-
NO. 2006-00335, (B) ADOPTING FINDINGS OF FACT AND A
STATEMENT OF OVERRIDING CONSIDERATIONS IN
CONNECTION THEREWITH, AND (C) ADOPTING
MITIGATION MONITORING PROGRAM NO. 143.
WHEREAS, the City did receive requests for General Plan Amendment No. 2006-00446,
Miscellaneous Case No. 2006-00162 (Amendment to the Platinum Triangle Master Land Use :Plan), Zoning
Code Amendment No. 2007-00054, Conditional Use Permit No. 2006-05134, Development Agreement No.
2006-00004., and Tentative Tract Map No. 17069 (collectively, the "project"); and,
WHEREAS, the City of Anaheim is the lead agency for the preparation and consideration of
environmental documents for said project, as defined in the Califomia Environmental Quality Act of 1970., as
amended (hereinafter "CEQA") and the State of California Guidelines for Implementation of the California
Environmental Quality Act (hereinafter "State Guidelines"); and
WHEREAS, said project is subject to compliance with the provisions of CEQA and the State
Guidelines since said project requires approval of the following proposed discretionary actions by the City of
Anaheim: (i) General Plan Amendment No. 2006-00446, (ii) Miscellaneous Case No. 2006-00162 (Amendment
to The Platinum Triangle Master Land Use Plan), (iii) Zoning Code Amendment No. 2007-00054, (iv) Conditional
Use Permit No. 2006-05134, (v) Development Agreement No. 2006-00004, (vi) Tentative Tract Map No. 17089,
and future discretionary actions described in Draft Environmental Impact Report No. 2006-00335 (the "Draft
EIR"), which actions shall hereafter be collectively referred to herein as the "discretionary actions;" and
WHEREAS, the City of Anaheim has prepared, or caused to be prepared, the Draft EIR and has
consulted with other public agencies and the general public and given them an opportunity to comment on said
Draft EIR as required by the provisions of CEQA and the State Guidelines; and
WHEREAS, the City of Anaheim has evaluated the comments received from the public
agencies and persons who reviewed said Draft EIR and has prepared responses to the comments received
during the public review period; and
WHEREAS, in conformance with Section 15132 of the State CEQA Guidelines, said comments
and recommendations received on the Draft EIR, either verbatim or in summary; a list of persons, organizations
and public agencies commenting on the Draft EIR; the responses of the City of Anaheim to significant points
raised in the review and consultation .process; revisions to the Draft EIR; and., Mitigation Monitoring Program No.
143 (Appendix "A"), have been compiled in the Response to Comments document and together with the Draft
EIR comprise Final EIR No. 200ti-00335 for said project, a copy of which is on file with the Planning Department
and incorporated herein by this reference as if set forth in full; and
WHEREAS,. in conformance with the requirements of CEQA and State Guidelines, the City of
Anaheim has prepared, or caused to be prepared, The Gene Autry Experience Environmental Impact Report
Findings of Fact and Statement of Overriding Considerations, relating to Final EIR No. 2006-00335, a copy of
which is on file in the Planning Department and incorporated herein by this reference as if set forth in full; and
WHEREAS, the City of Anaheim desires and intends to use Final EIR No. 2006-00335 as the
environmental documentation required by CEQA and the State Guidelines for each of the above-referenced
discretionary actions to the extent authorized bylaw; and
WHEREAS, Final EIR No. 2006-00335 has been.presented to the Anaheim Planning
Commission for review and consideration prior to the final approval of the project; and
Cr\PC2007- -1- PC2007-
WHEREAS, on July 9, 2007, the Anaheim Planning Commission did hold a public hearing, '
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 Final EIR No. 2006-
00335 and the project and to investigate and make findings in connection therewith; and,
NOW, THEREFORE, BE IT RESOLVED by the Anaheim Planning Commission that the City of
Anaheim does hereby certify Final Environmental Impact Report No. 2006-00335, adopting The Gene Autry
Experience Environmental Impact Report Findings of Fact and Statement of Overriding Considerations and
Mitigation Monitoring Program No. 143 and determines that said Final Environmental Impact Report No. 2006-
00335 fully complies with CEQA, reflects the independent judgment of the Planning Commission and is
adequate to serve as the environmental documentation for the discretionary actions.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 9,
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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM 1
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that
the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on
July 9, 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
-2- PC2007-
®R~,Fr~
RESOLUTION NO. PC2007--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCfL ADOPT
GENERAL PLAN AMENDMENT NO. 2006-00446 PERTAINING TO
THE LAND USE ELEMENT OF THE ANAHEIM GENERAL PLAN
(THE PLATINUM TRIANGLE)
WHEREAS, the first Anaheim General Plan was adopted in 1963 and has been subsequently
amended over the years as conditions warrant; and that the City Council adopted a comprehensive update to
the General Plan on May 25, 2004; and
WHEREAS the adopted General Plan envisions an area of the City of Anaheim known as the
Platinum Triangle as a thriving economic center that provides residents, visitors and employees with a variety of
housing, employment, shopping and entertainment opportunities that are accessed by arterial highways, transit
systems and pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and
WHEREAS The Platinum Triangle comprises approximately 820 acres located at the.
confluence of Interstate 5 and SR-57 Freeways in the City of Anaheim, County of Orange, State of California,.
generally east of Interstate 5 Freeway, west of the Santa Ana River channel and SR-57 Freeway, south of the
Southern California Edison easement, and north of the Anaheim City limit area; and
WHEREAS, the Gity did receive a verified petition for General Plan Amendment No. 2006-
00446 requesting an amendment to the Land Use Element of the General Plan to amend Table LU-4: General
Plan Density Provisions far Specific Areas of the City to increase the maximum .number of dwelling units
permitted in The Platinum Triangle from 9,567 to 10,266; and
WHEREAS, the City did also receive in conjunction with the request for General Plan
Amendment No. 2006-00446, requests for Miscellaneous Case No. 2006-00162 (Amendment to The Platinum
Triangle Master Land Use Plan), Zoning Code Amendment No. 2007-00054, Conditional Use Permit No. 2006-
05134, Development Agreement No. 2006-00004, and Tentative Tract Map No. 17089; and,
WHEREAS, pursuant to Chapter 18.68 of the Anaheim Municipal Code, provisions of the
General Plan may be amended whenever the public necessity and convenience and the general welfare require
such amendment when adopted by a resolution of the City Council in the manner prescribed by law; and
WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic
Center, Council Chamber, 200 South Anaheim Boulevard, on July 9, 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 Cade 18.60, to hear and consider evidence for and against said General Plan Amendment and to
investigate and make findings and recommendations in connection therewith; .and
WHEREAS, said Commission, after due consideration, inspection, investigation and study
made by itself, and after due consideration of all evidence and reports offered at said hearing, DOES HEREBY:
FIND:
1. That evidence presented substantiates that the proposed amendment to the Land Use Element
of the Anaheim General Plan is necessary, and will further the goals of said Plan by providing residential land
uses consistent with the Mixed Use designation and maintaining the internal consistency of the General Plan.
2. That the proposed amendment would be consistent with and assist in the implementation of the
goals and policies for The Platinum Triangle pertaining to Mixed Use approved by the City Council as part of the
comprehensive General Plan Update on May 25, 2004.
Cr\PC2007- -1- PC2007-
3. The proposed amendment would not be detrimental to the public interest, health, safety,
convenience, or welfare of the citizens of the City and would maintain a balance of land uses within the City.
4. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition..
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning
Commission by Resolution No. "', did certify :Final Environmental Impact Report No. 2006-00335, adopt
Findings of Fact and a Statement of Overriding Considerations in connection therewith, adopt Mitigation
Monitoring Program No. 143 and determine that said Final Environmental Impact Report No. 2006-00335 fully
complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to serve
as the environmental documentation for General Plan Amendment No. 2006-00446, Miscellaneous Case No.
2006-00162 (Amendment to The Platinum Triangle Master Land Use Plan), Zoning Code Amendment No,
2007-00054, Conditional Use Permit No. 2006-05134, Development Agreement No. 2006-00004, and Tentative
Tract Map No. 17089.
NOW, THEREFORE, BE IT RESOLVED, that pursuant to the above findings, the Anaheim Planning
Commission does hereby recommend that the City Council of the City of Anaheim adopt General Plan
Amendment No. 2006-00446, amending Table LU=4: General Plan Density Provisions for Specific Areas of the
City, of the Land Use Element of the General Plan, to increase the maximum number of dwelling units permitted in
The Platinum Triangle frpm 9,567 to 10,266.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of July 9, 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.
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
July 9, 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.
SENOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2007-
[DR,~F
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE
AN AMENDMENT TO THE PLATINUM TRIANGLE MASTER LAND USE PLAN
(MISCELLANEOUS CASE NO. 2006-00162)
WHEREAS, The Platinum Triangle comprises approximately 820 acres located at the
confluence of the Interstate 5 Freeway and the SR-57 Freeway in the City of Anaheim, County of Orange,
State of California, generally east of the Interstate 5 Freeway, west of the Santa Ana River chahnel and
SR-57 Freeway, south of the Southern Califomia Edison easement, and north of the Anaheim City limit
area and which area is further depicted in "Figure LU-5: Areas of the City with Special Density Limitations"
of the City of Anaheim General Plan and which Figure is incorporated herein as if set forth in full; and
WHEREAS, the adopted General Plan envisions The Platinum Triangle as a thriving
economic center that provides residents, visitors and employees with a variety of housing, employment,
shopping and entertainment opportunities that are accessed by arterial highways, transit systems and
pedestrian promenades (set forth in Goal 15.1 of the Land Use Element); and
WHEREAS, the recently adopted General Plan includes policies in the Land Use Element
and the Community Design Element to implement the vision for The Platinum Triangle including providing
for more detailed planning efforts to guide the future development of The Platinum Triangle; encouraging
mixed-use projects integrating retail, office and higher density residential land uses; encouraging a
regional inter-modal transportation .'hub in proximity to Angel Stadium of Anaheim; maximizing and
capitalizing upon the view corridor from the Santa Ana (I-5) and Orange (SR-57) Freeways; maximizing
views and recreation and development opportunities afforded by the area's proximity to the Santa Ana
River; developing a comprehensive Mixed-Use Overlay Zone and Design Guidelines to implement the
vision for The Platinum Triangle; providing for a mix of quality, high-density urban housing that is
integrated into the area through carefully maintained pedestrian streets, transit connections, and arterial
access; developing a Public Realm Landscape and Identity Program to enhance the visibility and sense
of arrival into The Platinum Triangle through peripheral view corridors, gateways, and specialized
landscaping; developing a strong pedestrian orientation throughout the area, including wide sidewalks,.
pedestrian paths, gathering places, ground-floor retail, and street-level landscaping; encouraging
extensive office development along the highly visible .periphery of the area to provide a quality
employment center; developing criteria for comprehensive property .management agreements for
multiple-family residential projects to ensure proper maintenance as the area develops; and, identifying
and pursuing opportunities for open space areas that serve the recreational needs of Platinum Triangle
residents and employees; and
WHEREAS, on August 17, 2004, the City Council of the City of Anaheim adopted The
Platinum Triangle Master Land Use Plan (hereinafter "PTMLUP") by Resolution No. 2004-178 and The
Platinum Triangle Standardized Development Agreement by Resolution No. 2004-179 and on August 24,
2004, the City Council adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone by Ordinance No.
5935; and
WHEREAS, the PTMLUP provides for the implementation of the General Plan vision,
goals and policies for The Platinum Triangle and serves as a blueprint for future development and street
improvements within The Platinum Triangle, including setting forth planning principles, development -,
intensities, conceptual street, park and potential new signalized intersection locations and streetscape
designs including, but not limited to, landscaping lighting fixtures and street furniture and identifying the
existing Amtrak/Metrolink Station and the conceptual Anaheim Regional Transportation Intermodal Center
(ARTIC) location; and
WHEREAS, on April 26, 2005, the City Council approved Amendment No. 1 to the
PTMLUP by Resolution No. 2005-54 (Miscellaneous Case No. 2003-00071) establishing boundaries of
Sub Areas A and B in the Gateway District of The Platinum Triangle in conjunction with the Archstone
Gateway Project; and
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WHEREAS, on September 13, 2005, the City Council approved Amendment No. 2 to the
PTMLUP by Resolution No. 2005-188 (Miscellaneous Case No. 2005-00113) to increase the maximum
allowable commercial square feet in the Katella District of The Platinum Triangle by 5,604 square feet in
conjunction with the DR Horton Project; and
WHEREAS, on October 25, 2005, the City Council approved Amendment No. 3 to the
PTMLUP by Resolution No. 2005-208 (Miscellaneous Case No. 2004-00089) to adjust the boundaries of
the mixed-use districts to include the North Net Fire Training Center site in the PTMU Overlay Zone
Gateway District and add 325 units to said district (321 of said units were designated for the North Net
:Fire Training Center site); to modify the PTMU Overlay Zone commercial density to add 210,100 square
feet of additional commercial square footage including a total of 190,100 square feet designated for future
required ground floor commercial uses along Market Street and Gene Autry Way and 20,000 square feet
designated for other commercial uses in the Katella District (in the area east of State College Boulevard);
and, additional technical refinements and clarifications, including, but not limited to, refinements to street
cross-sections and density descriptions to reflect the above-noted changes; and
WHEREAS, on October 25, 2005, the City Council approved Amendment No. 4 to the
PTMLUP by Resolution No. 2005-212 (Miscellaneous Case No. 2005-00111) to change 10.4 acres from
the Office'High to the Mixed Use land use designation, in conjunction with the project actions for the A-
Town Metro Project; and
WHEREAS, on January 30, 2007, the City Council approved Adjustment No. 1 to the
PTMLUP by Resolution No. 2007-016 (MIS2006-00160) to amend light fixture standards, street trees and
groundcover for Market Street and Connector Streets within the Mixed Use Districts; and, add appendices
including standard details for newspaper racks; the Platinum Triangle Median and Parkway Planting
Matrix and, A-Town Metro Public Realm Landscape and Identity Program; and,
WHEREAS, on June 5, 2007, the City Council approved Amendment No. 5 to the
PTMLUP by Resolution No. 2007-081 (MIS2007-00187) to increase the maximum number of dwelling
units in the Gateway District from 2,075 to 2,142 and the maximum number of dwelling units in the.
Platinum Triangle from 9,500 to 9,567; and
WHEREAS, the City did receive a verified petition for an amendment to The Platinum
Triangle Master Land Use Plan (Miscellaneous Case No. 2007-00187) to increase the maximum number
of dwelling units in the Gene Autry District from 1,000 to 1,699 and the maximum number of dwelling units
in the Platinum Triangle from 9,567 to 10,266; and
WHEREAS, said petition is intended to increase the development cap by 699 dwelling
units to provide for the development of the proposed Gene Autry Experience project, which includes a
master site plan for up to 1,208 dwelling units, 50,000 square feet of commercial uses and 100,000
square feet of office uses and also requires approval of General Plan Amendment No. 2006-00446;
Zoning Code Amendment No: 2007-00054, Conditional Use Permit No. 2006-05134 and Tentative Tract
Map No. 17089; and
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on July 9, 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 Discretionary Actions 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, by Resolution No. PC2007-_, the Planning Commission has recommended that City
Council approve an Amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Case
No. 2006-00162) to amend Table 2: Development Intensities, to .increase the maximum number of
-2-
dwelling units in the Gene Autry District from 1;000 to 1,699 and the total number of dwelling units in The
Platinum Triangle from 9.,567 to 10,266.
2. That the proposed amendment to The Platinum Triangle Master Land Use Plan is consistent
with the goals and policies for the development of The Platinum Triangle as set forth in the City of
Anaheim General Plan.
3. That the proposed amendment to The Platinum Triangle Master Land Use Plan is consistent
with the goals and policies set forth in The Platinum Triangle Master Land Use Plan.
4. That the proposed amendment to The Platinum Triangle Master Land Use Plan will result in
development of desirable character that will be compatible with proposed development in the surrounding
area.
5. That the proposed amendment to The Platinum Triangle Master Land Use Plan respects
environmental, aesthetic and historic resources consistent with economic realities.
6. That'*` indicated their presence at said.public hearing in opposition; and that no
correspondence was received in opposition to'the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning
Commission by Resolution No. ***, did certify Final Environmental Impact Report No. 2006-00335, adopt
Findings of Fact and a Statement of Overriding Considerations in connection therewith, adopt Mitigation
Monitoring Program No. 143 and determine that said Final Environmental Impact Report No. 2006-00335
fully complies with CEQA, reflects the independent judgment of the Planning Commission and is
adequate to serve as the environmental documentation for General Plan Amendment No. 2006-00446,
Miscellaneous Case No. 2006-00162 (Amendment to The Platinum Triangle Master Land Use Plan),
Zoning Code Amendment No. 2007-00054, Conditional Use Permit No. 2006-05134, Development
Agreement No. 2006-00004, and Tentative Tract Map No. 17069.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby recommend that the City Council amend the Platinum Triangle Master Land Use Plan as set forth
in this Resolution.
BE IT FURTHER RESOLVED that this Amendment to the Platinum Triangle Master:Land
Use Plan (Miscellaneous Permit No. 2006-00162) is granted subject to adoption of General Plan
Amendment No. 2006-00446 and Zoning Code Amendment No. 2007-00054, now pending.
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
July 9, 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3-
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 July 9, 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-
City of Anaheim
19LAN1vIIVG I~EPAIZT'N1EN'I'
':Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
July 9, 2007.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
3h.
Agent: Tom Zanic
New Urban West
1733 Ocean Avenue, Ste. 350
Santa Monica, CA 90401
Location: 1969 South State College Boulevard
www.anaheim.nel
Request to amend Chapter 18.20 of the Anaheim Municipal Cade to increase the maximum number
of dwelling units permitted in the Gene Autry District from 1,000 to 1,699 and the total number of
dwelling units in The Platinum Triangle from 9,567 to 10,266.
ACTION: The Anaheim Planning Commission by Resolution No. "`, did certify Final Environmental
Impact Report No. 2006-00335, adopt Findings of Fact and a Statement of Overriding Considerations
in connection therewith, adopt Mitigation Monitoring Program No. 143 and determine that said Final
Environmental Impact Report No. 2006-00335 fully complies with CEQA, reFlects the independent
judgment of the Planning Commission and is adequate to serve as the environmental documentation
for General Plan Amendment No. 2006-00446, Miscellaneous Case No. 2006-00162 (Amendment to
The Platinum Triangle Master Land Use Plan), Zoning Code Amendment No. 2007-00054,
Conditional Use Permit No. 2006-05134, Development Agreement No. 2006-00004, and Tentative
Tract Map No. 17089.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that
the Anaheim Planning Commission does hereby recommend to the City Council that the draft
ordinance to amend Chapter 18.20 of the AnaheimMunicipal Code be adopted.
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (7141765-5139
Attachment -Item No. 3
DRAFT
ORDINANCE NO.
AN ORDINANCE OF THE CITY
AMENDING SUBSECTION .020
18.20.040 OF CHAPTER 18.20 OF
ANAHEIM MUNICIPAL CODE REL
PLATINUM TRIANGLE MIXED
OVERLAY ZONE
OF ANAHEIM
OF SECTION
TITLE 18 THE
ATING TO THE
USE (PTMU)
THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS
FOLLOWS:
SECTION L
That subsection .020 of Section 18.20.040 of Chapter 18.20 of Title 18 of the
Anaheim Municipal Code be, and the same is hereby, amended to read as follows:
".020 Table 20-D (Development Intensities: The Platinum Triangle Mixed Use
(PTMU) Overlay Zone) indicates the maximum land use intensities for each district analyzed by
EIR No. 330, SEIR No. 332, and EIR No. 335. The Planning Department will maintain an
accounting of the total amount of squaze footage approved within each district. Development
shall not exceed the overall total land use intensity for the PTMU Overlay Zone or the intensity
identified for each district, unless a dwelling unit transfer is approved in accordance with Section
18.20.040.030 (Dwelling Unit Transfer).
Table 20-D
DEVELOPMENT INTENSITIES:
THE PLATINUM TRIANGLE MIXED USE PTM OVERLAYZONE
District' Maximum Dwelling Maximum Office Maximum
Commercial Square
Units Square Footage Footage
Arena 41 acres 425 100,000 100,000
Gatewa " 53 acres 2,142 530,000 50,000
Gene Au 33 acres 1,699 100,000 174,100
Katella 99 acres 4,250 775,000 630,300
Stadium 153 acres 1,750 1,760.,000 1,300,000
Total 379 total acres 70 266 3 265,000 2,254,400
For properties along Gene Autry Way, the additional 4'ti" of public right-of--way per General
Plan Amendment No. 2004-00420 maybe counted toward the property's total acreage when
determining density.
** The Gateway District encompasses Sub Areas A, B .and C as depicted in the Platinum Triangle
Master Land Use Plan (321 dwelling units within the Gateway District are specifically allocated
to Sub-Area C)."
SECTION 2,
That this ordinance shall not become effective unless and until Resolution No.
2007-_ relating to General Plan Amendment No. 2006-00446 is approved and adopted by
the City Council of the City of Anaheim.
SECTION 3. SEVERABILITY
The City Council of the City of Anaheim hereby declazes that should any section,
paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any
reason to be invalid, it is the intent of the Council that it would have passed all other portions of
this ordinance independent of the elimination herefrom of any such portion as may be declared
invalid.
SECTION 4. SAVINGS CLAUSE
Neither the adoption of this ordinance nor the repeal of any other ordinance of this
City shall in any manner affect the prosecution for violafions of ordinances, which violations
were committed prior to the effective date hereof, nor be construed as a waiver of any license or
penalty or the penal provisions applicable to any violation thereof The provisions of this
ordinance, insofar as they are substantially the same as ordinance provisions previously adopted
by the City relating to the same subject matter, shall be constmed as restatements and
continuations, and not as new enactments.
SECTION 5. PENALTY
Except as may otherwise be expressly provided, any person who violates any
provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be
punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the
Ciry Council of the City of Anaheim held on the _ day of , 2007, and
thereafrer passed and adopted at a regular meeting of said City Council held on the day of
2007, by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF ANAHEIM
By
MAYOR OF THE CITY OF ANAHEIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
3
[oR,4F~
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
GRANTING CONDITIONAL USE PERMIT NO. 2006-05134
(1969 SOUTH STATE COLLEGE BOULEVARD) -
WHEREAS, the Platinum Triangle Mixed Use (PTMU) Overlay Zone, Chapter 18.20 of the
Anaheim Municipal Code, allows building heights over 100 feet subject to the approval of a conditional use
permit
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit to allow maximum building heights ranging from 150-300 feet for certain real property situated in
The Platinum Triangle area of the City of Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4
SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN
THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF MISCELLANEOUS MAP$
RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:..
PARCEL 4, AS SHOWN ON A MAP RECORDEp IN BOOK 81, PAGE 32 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL 4 AS GRANTED TO STATE OF
CALIFORNIA BY DEED RECORDED FEBRUARY 22, 1999 AS INSTRUMENT NO.
19990124177.
APN: 083-290-88
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 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 conditional use permit and to
investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, afterdue 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 request for maximum building heights ranging from 150-300 feet is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.050.
2. That the propbsed use will not adversely affect the adjoining land uses br the growth and
development of the area in which it is proposed to be located because the proposed project is compatible
with existing and surrounding land uses, and will further provide a project that is compatible and consistent
with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan
(PTMLUP).
3. That the size and shape of the site proposed for the use is adequate td allow the full
development of the proposed use in a manner not detrimental to the particular area or to health and safety.
4. That, with implementation of the mitigation measures set forth in EIR No. 2006-00335,
Mitigation Monitoring Program No. 143, the approval of the proposed maximum building heights will not
impose an undue burden upon the streets and highways designed and improved to carry the traffic in the
area
-1- PC2007-
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
6. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Anaheim Planning
Commission by Resolution No. "', did certify Final Environmental Impact Report No. 2006-0033$, adopt
Findings of Fact and a Statement of Overriding Considerations in connection therewith, adopt Mitigation
Monitoring Program No. 143 and determine that said Final Environmental Impact Report No. 2006-00335
fully complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to
serve as the environmental documentation for General Plan Amendment No. 2006-00446, Miscellaneous
Case No. 2006-00162 (Amendment to The Platinum Triangle Master Land Use Plan), Zoning Code.
Amendment No. 2007-00054, Conditional Use Permit Np. 2006-05134, Development Agreement No. 2006-
00004, and Tentative Tract Map No. 17089.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve Conditional Use Permit No. 2006-05136, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That prior to the approval of each Final Site Plan, plans shall indicate compliance with the
maximum building heights as identified in the Maximum Height Exhibit (Exhibit B-2) of Development
Agreement No. 2006-00004 and which is incorporated herein by this reference as if set forth in full. Plans
submitted for building permits shall be prepared in compliance with the approved Final Site Plan.
2. That the property owner/developer shall be tesponsible for compliance with all mitigation
measures within the assigned time frames and any direct costs associated with the attached Mitigation
Monitoring Program No. 143 as established by the City of Anaheim and as required by Section 21061.6 of
the Public Resources Code to ensure implementation of those identified mitigation measures.
3. That this Conditional Use Permit No. 2006-05134 is granted expressly conditioned upon
certification of EIR No. 2006-00335 and approval of Mitigation Monitoring Program Nd. 143, General Plan
Amendment No, 2006-00446, Miscellaneous Case No. 2006-00162 (Amendment to The Platinum Triahgle
Master Land Use Plan), Zoning Code Amehdment No. 2007-00054, and Development Agreement No. 2006-
00004.
4. That this Conditional Use Permit, shall be valid for a period of time coinciding with the timing set
forth in Development Agreement No. 2006-00004, which provides for the Gene Autry Experience project to
be developed in up to three (3) development phases commencing from the adoption date of Development
Agreement No. 2006-00004 and extending no further than the fifteenth (15) anniversary of the Development
Agreement Date provided that milestones are completed as shown in Exhibit E (Development Milestones) of
Development Agreement No: 2006-00004.
5. Prior to the approval of each Final Site Plan for high-rise towers over 100 feet in heightas
allowed pursuant to Conditional Use Permit No. 2006-05134, plans shall show that retail/townhome uses at a
height of two to three stories shall be constructed at the base of each tower structure to screen the parking
podium and provide apedestrian-friendly street edge and scale and, further, that the subterranean parking
podiums shall contain spaces for residential and retail uses and utility equipment rooms.
6. That prior to the issuance of the first building permit for each Final Site Plan, the property.
owner/developer shall submit utility plans to the Public Utilities Department for review and approval. If said
plans propose to include "non-traditional" utility equipment, as determined by the Public Utilities Department,
said equipment shall be subject to the review and approval of the Public Utilities Department.
7. That prior to the issuance of the first building permit for each Final Site Plan including "non-
traditional" utility equipment approved pursuant to Condition No. 6, the property owner/developer shall enter
into an Agreement with the City of Anaheim providing for the property owner, or another financial mechanism
acceptable to the City, to provide ongoing maintenance of said "non-traditional" equipment and for said
equipment to be accessible to the Public Utilities Department ongoing during project operation. Said
-2- PC2007-
Agreement shall be in a form approved by the City Attorney's Office and prepared to the satisfaction of the
Public Utilities Department.
8. That this Conditional Use Permit is granted subject to adoption of General Plan Amendment No.
2006-00446, Amendment to the Platinum Triangle Master Land Use Plan (Miscellaneous Permit No. 2006-
00162), Zoning Code Amendment No. 2007-00054, and Development Agreement No. 2006-00004.
9. That subject property shall be developed substantially in accordance with Development,
Agreement No. 2006-00004, and as conditioned herein.
10. 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 RESOLVED that the Anaheim Planning Commission does hereby find and determine
that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or
unehforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any
approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for
paying all charges related to the .processing of this discretionary case application within 15 days of the
issuance of the final invoice, prior to the issuance of building permits or commencement of activity 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
July 9, 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.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
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 July 9, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN W ITNESS WHEREOF, I have hereunto set my hand this day of
.2007.
SENIOR'SEC'RETARY, ANAHEIM PLANNING COMMISSION
-3- PC2007-
[DRAFT]
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING CITY COUNCIL APPROVAL OF
DEVELOPMENT AGREEMENT NO. 2006-00004 BY AND BETWEEN
THE CITY OF ANAHEIM AND AMB PROPERTY, L:P., AND
MAKING CERTAIN FINDINGS RELATED THERETO
(1969 SOUTH STATE COLLEGE BOULEVARD)
WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864)
of the Government Code of the State of California (hereinafter the "Statute") authorizes a city to enter into a
contract which is called a development agreement in order to establish with certainty what regulations will
govern the construction of a development; and
WHEREAS, the City of Anaheim (hereinafter the "City"), as a charter city, heretofore enacted
Ordinance No. 4377 (hereinafter the "Enabling Ordinance") on November 23, 1982, making the City subject
to the Statute; and
WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore
on November 23, 1982, adopted Resolution No. 82R-565 (hereinafter the "Procedures Resolution")
establishing procedures and requirements for the consideration of development agreements upon receipt of
an application by the City; and
WHEREAS, on May 25, 2004, the Anaheim City Council approved GeneratPlan
Amendment No. 2004-00419 setting forth the City's vision for development of the City of Anaheim ("General
Plan Amendment"), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and
a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ("FEIR No. 330"), in
conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's
zoning code, and a series of related actions; and
WHEREAS, the General Plan sets forth a vision for development of Mixed Uses, Office High,
Office Low, Industrial and Institutional land uses within an approximately 820-acre area generally bounded
by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (interstate
5) on the west, and the Southern California Edison Company Easement on the north ("The Platinum
Triangle"); and
WHEREAS, in order to carry out the goals and polices of the General Plan for The Platinum
Triangle, on August 17, 2004, the City Council adapted Resolution No. 2004-177, approving The Platinum
Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and
WHEREAS, to further implement the'goals and policies of the General Plan for The Platinum
Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on
August 24, 2004, the City Council adopted Ordinance No. 5935 amending Title 18 of the Anaheim Municipal
Code to establish zoning and development standards for the Platinum Triangle Mixed Use (PTMU) Overlay.
Zone (the "PTMU Overlay Zone") and Ordinance No. 5936, amending the zoning map to reclassify
approximately three hundred and seventy-five acres within The Platinum Triangle into the PTMU Overlay.
Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality,
well-designed development projects that could be stand-alone projects, or combined residential and non-
residential uses including office, retail, business services, personal services, public spaces and uses, and
other community amenities within the araa; and
WHEREAS, the PTMU Overlay Zone requires a Development Agreement between the.
property owner and the City of Anaheim to implement all development in the Katella, Gene Autry and
Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under Code; and.
-1-
WHEREAS, on August 17, 2004, the City Council adopted Resolution tJo. 2004-179,
approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and
WHEREAS, on October 25, 2005, the City Council certified Final Subsequent Environmental
Impact Report No. 332 (FSEIR No. 332) and the Updated and Modified Mitigation Monitoring Program No.
106A in connection with its consideration of General Plan Amendment No. 2004-00420, Zoning Code
Amendment No. 2004-00036, Miscellaneous Case No. 2004-00089 to amend The Platinum Triangle Master
Land Use Plan, Miscellaneous Case No. 2005-00114 to amend The Platinum Triangle Standardized
Development Agreement, Miscellaneous Case No. 2005-00115 to rescind, in part, the Resolution of Intent
pertaining to reclassification of the North .Net Training Center site and Reclassification No. 2004-00134; and
WHEREAS, on April 25, 2007, pursuant to the Statute, the Enabling Ordinance, and the
Procedures Resolution (hereinafter collectively referred to as the "Development Agreement LaW'), AMB
Property, L.P., (hereinafter "Applicant'), submitted an application to the Planning Department for approval of
Development Agreement No. 2006-00003 (hereinafter the "Application"), which included a proposed
development agreement (hereinafter the "Development Agreement") prepared in conformance with the
Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address
the implementation of the Gene Autry Experience Project; and
WHEREAS, in conjunction with the Development Agreement, the Applicant also requested
approval of General Plan Amendment No. 2006-00446, Miscellaneous Case No. 2006-00162 (Amendment
to the Platinum Triangle Master Land Use Plan); Zoning Code Amendment No. 2007-00054, Conditional
Use Permit No. 2006-05134, and Tentative Tract Map No. 17089; and
WHEREAS, the Development Agreement pertains to approximately 17.5 acres of real
property in the City of Anaheim, owned by the Applicant, commonly known as 1969 South State College
Boulevard, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this
reference (hereinafter the "Property"), which is located in The Platinum Triangle and within the Industrial (I)
zone and the Gene Autry District of the PTMU Overlay; and
WHEREAS, the Applicant desires to develop the property with amixed-use development
consisting of up to 1,208 dwelling units, 50,000 square feet of commercial uses and 100,000 square feet of
office uses, as more particularly set forth in Exhibit "B" of the Development Agreement (the. "Master Site
Plan"), Conditional Use Permit No. 2006-05134, and Tentative Tract Map No. 17089 (hereinafter collectively
referred to as the "Gene Autry Experience Project");
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 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 16.60, to
hear and consider evidence for and against said Development Agreement and to investigate and make
findings and recommendations in connection therewith; and
WHEREAS, do July 9, 2007, the Planning Commission recommended that the City Council
approve General Plan Amendment No. 2006-00446, an Amendment to the Platinum Triangle Master Land
Use Plan (MIS2007-00162) and Zoning Code Amendment (ZCA2007-00054) to increase the maximum
number of dwelling units in the Gene Autry District from 1,000 to 1,699 and the maximum number of dwelling
units in The Platinum Triangle from 9,567 to 10,266; and
WHEREAS, the Applicant has demonstrated that the Project meets the eligibility
requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon
completion, the Project will result in the construction of a mixed-use development consisting of up to 1,206
dwelling units, 50,000 square feet of commercial uses and 100,000 square feet of office uses within a period
of not more than fifteen (15) years, consisting of one (1) initial five (5) year period and two (2) five (5) year
extension periods that shall be granted pursuant to the attainment of certain milestones contained in Exhibit
"E" of the Development Agreement ("Development Milestones"); and
-2-
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at
said hearing, does find and determine that the Development Agreement meets the following standards set
forth in the Procedures Resolution:
1. That the Project is consistent with the City's General Plan, as amended by General Plan Amendment
No. 2006-00446, in that it is in conformance with the General Plan Mixed Use land use desigrialion and
with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan:-
2. That the Project is compatible with the uses authorized in and the regulations prescribed for the
applicable zoning district in that the Project is in compliance with the PTMU Overlay Zone requirements
as set forth in the Master Site Plan, and General Plan Amendment No. 2006-00446, Miscellaneous
Permit No. 2006-00162 (Amendment to The Platinum Triangle Master Land Use Plan), Zoning Code
Amendment No. 2007-00054, Conditional Use Permit 2006-05134 and Tentative Tract Map No. 17089.
3. That the Project is compatible with the orderly development of property in the surrounding area in that it
is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU
Overlay Zone requirements, as proposed for amendment per Miscellaneous Permit No. 2006-00162
(Amendment to The Platinum Triangle Master Land Use Plan) and Zoning Code Amendment No. 2007-
00054.
4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of
Anaheim.
5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and
authority under the Statute, the Enabling Ordinance and the Procedures Resolution.
6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers
and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures
Resolution.
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 Anaheim Planning
Commission by Resolution No. "', did certify Final Environmental Impact Report No. 2006-00335, adopt
Findings of Fact and a Statement of Overriding Considerations in connection therewith, adopt Mitigation
Monitoring Program No. 143 and determine that said Final Environmental Impact Report No. 2006-00335
fully complies with CEQA, reflects the independent judgment of the Planning Commission and is adequate to
serve as the environmental documentation for General Plan Amendment No. 2006-00446., Miscellaneous
Case No. 2006-00162 (Amendment to The Platinum Triangle Master Land Use Plan), Zoning Code
Amendment No. 2007-00054, Conditional Use Permit tJo. 2006-05134, Development Agreement No. 2006-
00004, and Tentative Tract Map No. 17089.
NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and
determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval
of the Application and the Development Agreement.
-3-
July 9, 2007.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
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 July 9, 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-
EXHIBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY:
THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
PARCEL 4, AS SHOWN ON A MAP RECORDED IN BOOK 81, PAGE 32 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THEREFROM THAT PORTION OF PARCEL 4 AS GRANTED TO STATE OF CALIFORNIA BY
DEED RECORDED FEBRUARY 22, 1999 AS INSTRUMENT NO. 19990124177.
APN: 083-290-88
-5-
City of Anaheim
PLAI~INING DEPAI~'TI~EIV'T
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
July 9, 2007.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
3h.
Agent: Tom Zanic
New Urban West
1733 Ocean Avenue, Ste. 350
Santa Monica, CA 90401
Location: 1969 South State College Boulevard
Request 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
ACTION: The Anaheim Planning Commission by Resolution No. ***, did certify Final Environmental
Impact Report No. 2006-00335, adopt Findings of Fact and a Statement of Overriding Considerations
in connection therewith, adopt Mitigation Monitoring Program No. 143 and determine that said Final
Environmental Impact Report No. 2006-00335 fully complies with CEQA, reflects the independent
judgment of the Planning Commission and is adequate to serve as the environmental documentation.
for General Plan Amendment No. 2006-00446, Miscellaneous Case No. 2006-00162 (Amendment to
The Platinum Triangle Master Land Use Plan), Zoning Code Amendment No. 2007-00054,
ConditionalUse Permit No. 2006-05134, Development Agreement No. 2006-00004, and Tentative
Tract Map No. 17089.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that
the Anaheim Planning Commission has reviewed the proposal to establish a 21-lot mixed-use
subdivision with up to 1,208 residential units; 100,000 square feet of office; and 50,000 square feet of
commercial and does hereby approve Tentative Tract Map No. 17089, based on the finding that (a)
the proposed tentative tract map is consistent with the General Plan and the Platinum Triangle Master
Land Use Plan as proposed for amendment pursuant to General Plan Amendment No. 2006-00446
and Amendment to the Platinum Triangle Master Land Use Plan (MIS2006-00162), and (b) the site is
.physically suited for the proposed type of development and therefore would not cause serious public
health problems or substantial environmental damage, subject to the following conditions:
1. That this Tentative Tract Map No. 17089 is granted expressly conditioned upon approval of
General Plan Amendment No. 2006-00446, Amendment to the Platinum Triangle Master
Land Use Plan (Miscellaneous Permit No. 2007-00162), Zoning Code Amendment No. 2007-
00054, Development Agreement No. 2006-00004, and Conditional Use Permit No. 2006-
05134.
www.anaheim.nel
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714)765-5139
Tom Zanic
July 9, 2007
Page 2 of 4
2. That the following conditions of approval for Development Agreement No. 2006-00004 related to final
map .approval shall apply to Tentative Tract Map No. 17089. Condition numbering matches the
numbering in the proposed Development Agreement. ; ,_
3. That the Master Site Plan shall be implemented through the processing of a Master Tentative and two
phased Final Tract Maps encompassing the entire 17.7-acre project site. The two Final Tract Maps will
fallow the phasing indicated on the Phasing Plan in Exhibit B-4 of this Development, Agreement. Phases
1 and 2 will be implemented through the first Final Tract Map. Phase 3 will be implemented through the
second Final Tract Map.
4. That the Master Tentative Tract Map and the first Final Tract Map shall be recorded prior to approval of
the first Fihal Site Plan. Final Site Plan approval is required prior to issuance of the first building permit
for each Development Area
5. That prior to approval of the Master Tentative Tract Map., the boundaries of the numbered
residentiallmixed-use lots shall coincide with the boundaries of the development areas as identified in the
Master Site Plan. These areas may be further subdivided or combined in connection with the processing
of subsequent builder tentative tract or parcel maps provided that a Final Site Plan showing the
configuration of the subdivided .lots and the proposed buildings is approved prior to or concurrently with
the builder tentative tract or parcel map.
6. That modifications to the configuration and size of development area boundaries, not to exceed fifteen
(15) percent of the size of the development area, may be approved by the Planning Director provided the
street system and alignment shown on the Master Site Plan is not modified. Development areas may also
be combined. The OWNER shall submit a letter to the Planning Director requesting the boundary and
acreage adjustment along with a revised Exhibit B-1, Master Site Plan/Development Areas, of the
Development Agreement. Following approval of a boundary and acreage adjustment, all subsequent
subdivision plans shall be in accordance with the revised Development Area boundaries.
7. That prior to approval of each Final Tract Map, the park obligations of the OWNER for any park within
said map shall be secured by pertormance bonds, letters of credit or another form of security, in an
amount and form approved by the City Attomey's Office and the Community Services Department.
8: That prior to the recordation of the Final Tract Map for Phase 2 (as indicated on the Phasing Plan in
Exhibit "B-4" of this Development Agreement), irrevocable offers of dedication, necessary construction
easements and easements for public utility and other public purposes, shall be made for Public Park Site
1 and Public Park Site 2 in the location shown on the Master Site Plan in Exhibit "B-1" of this
Development Agreement.
9. That prior to the recordation of the Final Tract Map for Phase 3 (as indicated on the Phasing Plan in
Exhibit "B-4" of this Development Agreement), irrevocable offers of dedication, including necessary
construction easements and easements for public utility and other public purposes, shall be made for
Public Park Site 3 in theJocation shown on the Master Site Plan in Exhibit "B-1" of this Development
Agreement.
10. That prior to recordation of the each Final Tract Map, all dedicated park properties shall be free of
encumbrances or easements unless otherwise acceptable to the Community Services Department.
Before the dedication of any park area is accepted by the City, a Title Report for that park must be
provided to and approved by the City Attorney's Office.
11. That prior to the recordation pf the applicable subdivision map, as determined by the Fire Chief in
consultation with City staff, the OWNER shall enter into an agreement with the City for the installation of
traffic signal preemption equipment for the surrounding controlled intersections.
12. Thatprior to approval of the first Final Tract Map, the OWNER shall irrevocably offer to dedicate to the
City of Anaheim easement for street, public utility and other public purposes for the widening of Gene
Autry Way and State College Boulevard to the ultimate right-of-way, including necessary construction
easements.
Tom Zanic
July 9, 2007
Page 3 of 4
13: That prior to approval of the first Final Tract Map, the OWNER shall irrevocably offer to dedicate to the
City of Anaheim easements for street, public utility and other public purposes, for all streets shown within
Phase 1 and Phase 2, as shown on the Phasing Plan in Exhibit "B-4" of this Development Agreement,
including necessary construction easements.
14. That prior to approval of the Final Tract Map for Phase 3 (as indicated oh the Phasing Plan in Exhibit "B-
4" of this Development Agreement), the OWNER shall irrevocably offer to dedicate to the City of Anaheim
easement for street, public utility and other public purposes, for the ultimate right-of-way improvements for
all streets within Phase 3, as shown on the Phasing Plan in Exhibit "B-4" of this Development Agreement.
15. That prior to the approval of the first Final Tract Map, the OWNER shall submit to the Public Works
Department, Subdivision Section, a Subdivision Agreement to complete the required public improvements
for first Final Tract Map at the OWNER's expense.. Said agreement shall be reviewed and approved by
the City Attorney and City Engineer prior to approval of the first Final Tract Map and recorded
concurrently with the first Final Tract Map.
16. That prior to the approval of the first Final Tract Map, the OWNER shall submit for City approval mass
grading, street, sewer, storm drain and landscape (including street trees) improvement plans for the
public improvements along State College Boulevard, Gene Autry Way, Market Street, Artisan Court, and
Connector Streets "A", "B", and "C" to the Public Works Department, Development Services Division and
plans shall be prepared to the satisfaction of the City Engineer. Street tree selections for public streets
shall be in conformance with The Platinum Triangle Master Land Use :Plan. Parkway, landscaping and
sidewalks shall be constructed with parkway irrigation connected to the on-site irrigation system and
maintained by the OWNER or the homeowners association, unless otherwise approved by the City.
Improvement bonds shall be posted in amounts approved by the City Engineer and a form approved by
the City Attorney:prior to approval of the first Final Tract Map or issuance of a grading permit, whichever
occurs first. A Right-of-Way Construction Permit shall be obtained from the Development Services
Division for all work performed in the right-of-way. The improvements shall be constrocted prior to the first
final building and zoning inspection on the project site unless an alternative timeframe is approved by the
City.
17. That prior to approval of the first Final Tract Map, vehicular access rights to Gene Autry Way and State
College Boulevard shall be released and relinquished to the City of Anaheim.
18. Prior to approval of the first Final Tract Map, the Arterial Highway Platinum Triangle Beautification Fee
shall be,paid.
19. That prior to the approval of each Final Tract Map for condominium projects, the maps shall be labeled
"for condominium purposes "
20. That prior to approval of each Final Tract Map, the OWNER shall finalize the abandonment of any
existing City of Anaheim public utilities easements that conflict with building footprints to the satisfaction
of the Development Services Division of the Public Works Department.
21, That prior to approval of each Final7ract Map, the OWNER shall finalize the abandonment of any
existing driveways to the satisfaction of the Development Services Division of the Public Works
Department. The exception is for the first Fihal Tract Map, wherein adequate driveway access to the
existing building at 1800/1880 South State College Bivd. is required for the duration of the existing
property lease,
22. That prior to the approval of the first Final Tract Map,. a maintenance covenant'must be recorded by the
OWNER.. Prior to recordation, the OWNER shall submit the maintenance covenant to the Department of
Public Works, Development Services, for approval by the City Engineer and the City Attorney. The
covenant shall include provisions for maintenance of private facilities, including compliance with the
approved Water Quality Management Plan, and a maintenance exhibit.
23. That prior to the approval of the first Final Tract Map, final backbone Street Improvement Plans in
conjunction with the approved Public Facilities Plan shall be submitted to Public Works Department,
Development Services, for review and approval, The plans shall include, but :not be limited to, street
Tom Zanic
July 9, 2007
Page 4 of 4
revisions as required by the City Traffic and Transportation Manager; on-street parking spaces, which
shall be posted, "No Overnight Parking, Except by Permission of the Management"; the location of traffic
signal box locations; and, the alignment of the intersection of Market Street and Gene Autry Way. The
plan shall indicate all construction staging areas with reserved space for construction parking and shall
also designate truck routes to the satisfaction of the Traffic and Transportation Manager. The final
backbone Street Improvement Plan shall provide details sufficient to ensure that all street improvements
will occur during the initial street construction. Streets shall be constructed in accordance with Section
9.3 (Timing, Phasing and Sequence of Public Improvements and Facilities) of this Development
Agreement.
24. That prior to the approval of the first Final Tract Map, the OWNER shall post a bond for all traffic related
street improvements, including, but not .limited to, traffic signals, directional signage, striping, and median
islands as required by Mitigation Monitoring Program No. 143 referenced herein in Condition No. 9.
25. That prior to the approval of each Final Tract Map, the property owner/developer shall submit to the City
Traffic and Transportation Manager for review and approval, a focused project access analysis that
addresses trip generation comparisons to the approved Master Site Plan, project access to the internal
street system and the local arterial street system,project circulation phasing, cumulative effects of on-site
development to the phasing of intemal streets, loading areas, delivery areas, gate stacking requirements
(if security gates are proposed), and pedestrian linkages.
26. That prior to the approval of the each Final Tract Map, .information and plans shall be submitted to the
Streets and Sanitation Division of the Public Works Department for review and approval of the following:
(a) Sewer and storm drain manhole locations and detour plan criteria
(b) Trash truck turning radius
The approved information shall be shown on each Street Improvement Plan, and sewer and storm drain
plans submitted to the Public Works Department.
27. That prior to submitting water improvement plans, which shall be required prior to the approval of each
Final Tract Map, the OWNER shall submit a water system master plan, including hydraulic distribution
network analysis to the Water Engineering Division of the Public Utilities Department for review and
approval. The master,plan shall demonstrate the adequacy of the proposed on-site'water-system to meet
the project's water demands and fire protection requirements. Water connections shall be provided at
Gene Autry and Market Street as well as to the adjacent site south of the project at Artisan Court.
28. That prior to the approval of each Final Tract Map, the OWNER shall submit water improvement plans to
the Water Engineering Division of the Putilic Utilities Department for review and approval and a
pertormance bond in the amount approved by the City Engineer and form approved by the City Attorney's
office shall be posted with the City of Anaheim. Provisions for the maintenance of all associated water
line improvements shall be included in the Master CC & R's for the project as required by Condition No. 7.
29. That prior to the approval of each Final Tract Map, the. OWNER shall post a bond to the City for the
installation of all water supply improvements, including all off-site improvements and fire hydrants and the
abandonmentlrerhovaf of any existing water lines. All improvements shall be completed prior tq the first
final building and zoning inspection of the project.
30. That prior to the approval of the first Final Tract Map, the OWNER shall post a bond to the City for the
undergrounding of all overhead electrical utility structures located on the property. All
improvements/undergrounding shall be completed to coincide with the level of development that would
requite this improvement, td the satisfaction of the Anaheim Public Utilities Department and other utility
companies.
31. That prior to the approval of the first Final Tract Map, the OWNER shall post a bond to the City for the
installation of street lights on Connector Streets "A", "B", "C" and Market Street. Street lights shall be in
accordance with the Platinum Triangle Master Land Use Plan. Street lights shall be installed prior to the
first final building and zoning inspection.
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General Plan Amendment No. 2007-00455
Reclassification No. 2007-00196
Conditional Use Permit No. 2007-05200
Tentative Tract Map No. 17116
Requested By: LA VUE LLC
1556 West Katella Avenue
e""'.:
w.- ~~ Subject Property
Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 56
10302
Staff Report to the
Planning Commission
July 9, 2002
Item No. 4
4a: CEQA NEGATIVEDECLARATION
4b. GENERAL PLAN AMENDMENT NO. 2007-00455
4c. RECLASSIFICATION NO. 2007-00198
4d: WAIVER OF CODE REQUIREMENT
4e. CONDITIONAL USE PERMIT NO; 2007-05200
4f. TENTATIVE TRACT'MAP N0: 17116 (Motion for Continuance).
SITE LOCATION AND DESCRIPTION:
(1j This p.78-acre property is identified as 1556 West Katella Avenue. The property owner
and applicant is Mehdi Ebrahimzadeh representing La Vue LLC: :
REQUEST:. `
(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
designation to the Low-Medium Density Residential designation.'
(b) Reclassification No. 2007-00198 - to reclassify the property from the Transition (T)
zone to the Multiple-Family Residential (RM-3) zone.
(c) Conditional Use Permit No. 2007-05200- to construct a 14-unit attached single-
family residential condominium complex under authority of Code 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 bvapplicant
CODE SECTION 18.40.060.030 Improvement of a private street.
28 foot wide street, 4 foot sidewalk, 6
foot food' wide parkway required; 28 foot
wide street, no parkway and sidewalk
proposed)
(d) Tentative Tract Map No. 17116 - to 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 Geheral
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:
Case Planner: Kimberly Wong
Srgpa2D07-00455k1w_62507 Page 1
Staff Report to the
Planning Commission
July 9, 2007
Item No. 4
{4) This request Was continued from the June 25, 2007 Planning Commission hearing td allow
the applicant additional time to modify the site plan.
(5) On behalf of the applicant, Mehdi Ebrahimzadeh, Michael Morcds and George Behnam, the
architects, have submitted the attached letter dated June 29, 2007, requesting a '
continuance of this item to the July 23, 2007, Commission meeting in order to allow
additional time to modify the site plan.
RECOMMENDATION:
(6) Staff recommends the Commission, by motion, continue this item to the July 23, 2007;
Planning Commission meeting as requested by the applicant.
Case Planner: Kimberly Wong
Srgpa2007-00455kiw 62507 Page 2.
Page 1 of I
Attachment -Item fVo. 4
Kimberly UVong
From: George Behnam [gbehnam@sbcglobal.net]
Sent: Friday, June 29, 2007 11:35 AM
To: Kimberly Wong
Subject: Katella Project
Hello Kim
Regarding to 1566 W. Katella project for Mr. Mehdi Sadeh we are requesting rescheduling to July 23 th
If you have any question please call me
Regards
Michael Morcos
George Behnam, Architect
1150 E. Orangethorpe Ave.
Suite 109
Placentia, Ca 92870
voice 714.572.2384
fax 714.572.2385
e-mail gbehnam@sbcglobal.net
7/2/2007
Item No.
AreaA
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Area B
Address: 2210-2220 East Orangewood,
2130.2231 Dupont Circle - proposed Platnum Tower
General Plan Amendment No. 2006-00445
Zoning Code Amendment No. 2007-0060
Miscellaneous Permit No. 2007-00202
Reclassifica0on No. 2007-00207
Conditional Use Permll No. 2007-05222
Development Agreement No. 2007-00001
Requested By: 2130 DUPONT COMPANY
JAPOS INC.
Interstate 5 Freeway and SR-57 Freeway
2210-2220 East Orangewood, 2130-2231 Dupont Ci
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ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. ,
~~>~, Subject Property
Date: July 9, 2007
Scale: Graphic
Q.S. No. 119
rcle -proposed Platinum Tower
103D7
....... ....... .. .................................. ...................................
` Staff Report to the
Planning Commission
July 9, 2007
Item No. 5
Sa. PREVIOUSLY-CERTIFIED CEQA SUBSEQUENT EIR NO. 332
AND THIRD ADDENDUM -
5b. GENERAL PLAN AMENDMENT NO. 2006-00445
5c. ZONING CODE AMENDMENT NO: 2007-00060
Sd: AMENDMENT TO THE PLATINUM TRIANGLE MASTER
:.LAND USE PLAN (MISCELLEOUS PERMIT NO. 2007-00187)
5e. RECLASSIFICATION NO: 2007-00207
5f: CONDITIONAL USE PERMIT NO: 2006-05222
Sg: DEVELOPMENT AGREEMENT NO: 2007-00001 (Motion for Continuance)
SITE LOCATION AND DESCRIPTION:
(1 } Area A: The Platinum Triangle encompasses approximately 820 acres as identified in the
attached map.,,
(2) Area B: This 3.8-acre property is identified as 2210-2220 East Orangewood Avenue and
2130 & 2231 Dupont prive`. The property owner is Japos Inc. and 2130 Dupont Company,
and the developer is Steadfast Investment Properties and the applicant is the Sheldon
Group.
`Advertised as Dupont Circle.
REQUEST:
(3) The applicaht requests approval of the following applications:
General Plan Amendment No. 2006-00445 -to amend the Land Use Element of the
General Plan to increaselhe maximum office and/or retail square footage permitted in the
Platinum Triangle and'to remove the maximum floor area ratio (FAR) in The Platinum
Triangle Mixed Use Overlay, Orangewood District.
Zonino Code Amendmeht No. 2007-00060 - to amend the Platihum Triangle Mixed Use
Overlay Zone to establish the Orangewood District (Chapter 18.20 of the Anaheim
Municipal Code).
Amendment to The Platinum Triangle Master Land Use Plan (Miscellaneous Permit No.
2007-00187) - to amend The Platinum Triangle Master Land Use Plan to establish the
Orangewood District.
Reclassification No. 2007-00207 -request to rescind the Resolution of Intent to reclassify
the property to the O-H Zone and request to reclassify properties from the I (Industrial)
zone to the I (PTMU Overlay-Orangewood District) (Industrial -Platinum Triangle Mixed
Use Overlay Zone) for Area B.
Conditional Use Permit No. 2006-05222 - to permit a proposed 20-story office building
between 100 feet and 31.1 in height and to permit the sales of alcoholic beverages in a
proposed restaurant under authority of Code Section No. 18.20.050 (Height) and
18.20.030.040.0402 (Alcoholic Beverage Sales - On Sale) for Area B.
Development Aoreement No. 2007-00001 - to recommend City Council adoption of a
Development Agreement between the Cityrof Anaheim and Steadfast Investment
Properties and Japos Inc, and 2130 Dupont Company for the 20-story office building.
Case Planner.Kim6edy Wong
srGPA2006-00445kIw70907cpnt Page 1
Staff Report to the.
.Planning Commission
July 9, 2007:
Item No. 5
BACKGROUND:
(4) This property is developed with four (4) industrial buildings and is located in the Industrial
(I) zone. The General Plan designates this property and properties to the east, west, and
south for Office-High land uses.. Properties to the north are designated for Mixed Use land
uses.
(5) Amy Vazquez, the applicant, has submitted the attached letter dated July2, 2007,
requesting'a continuance of this item to the July23j 2007, Commission meeting'in order to
continue negations pertaining to the Development Agreement.
RECOMMENDATION:
(6) `'Staff recommends that the Planning Commissioh, by motion, continue this item to the July
23, 2007, Planning Commission meeting as requested by the applicant. ''
Page 2
Page I of 1
Attachment -Item Ido. 5
Kimberly Wong
From: Amy Vazquez [Amy@sheldongrp.comj
Sent: Monday, July 02, 2007 1:53 PM
To: Kimberly Wong
Cc: Ralph Deppisch; Steve Sheldon; Albert Barcelo; eraalie@waremalcomb.com -
Subject: Request for continuance
Kim-
On behalf of our client, Steadfast Properties, we respectfully request a continuance of the Platinum Tower project
to the July 23b Planning Commission meeting. in order to discuss the proposed conditions of approval with staff.
We understand and appreciate that our City Council meeting date is still scheduled for August 22"tl and will not be
delayed as a result of this continuance. .
Thank you in advance- Amy Vazquez
.filmy 'Vazquez
Project Manager, Land Use
Sheldon Group
901 Dove Street, Suite 140
Newport Beach., CA 92660
phone:949-355-2011
fax: 949-777-9410
7/2/2007
Item No. E
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Variance No. 2007-04727
Requested By: LORENA GARCIA
1416 East Santa Ana Street
su'E`, Subject Property
Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 103
10308
Variance No. 2007-04727
Requested By: LORENA GARCIA
1416 East Santa Ana Street
' Subject Property
Date: July 9; 2007
Scale: 1" = 200'
Q.S. No. 103
10366
Staff Report to the
Planning Commission
July 9, 2007.
Item No. 6
(10) The code requirement to limit fence heights within front setback areas is intended to
encourage a more uniform, open and aesthetically pleasing appearance in the City's
residential neighborhoods: Since the majority of the block is developed with tall fences, fhe
fencing on this property would look appropriate for this short block.
FINDINGS:..
(11) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zdning Cade; a modification may be granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone: The sole purpose of any code
waiver is to prevent discrimination and none shall tie approved which would have the effect:
of granting a special privilege not shared by other similar properties. Therefore, before any
code waiver is granted by the Zoning Administrator, it shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identical zoning classification in the vicinity:
RECOMMENDATION:
(12) Staff recommends that the Planning Commission take the following actions:
(a) By motion, aoorove a CEQA Categorical Exemption, Section 15303, Class 3.
(b) By resolution, aoorove Variance No. 2007-04727.
Srvar2007-04727mn- Page 3
[DRAFT]
RESOLUTION NO. PC2007--"`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR VARIANCE NO. 2007-04727 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance
for certain real property situated in the City of Anaheim, County of Orange, State of California described as:
LOT 53 OF TRACT 3397, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS PER MAP RECORDER IN BOOK 121, PAGE (S)
1,2 AND 3, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY AND COMMONLY KNOWN AS 1416 EAST
SANTA ANA STREET, ANAHEIM, CA 92805.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 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 ail evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the applicant proposes waiver of the following to permit and retain an existing fence and
gates within the required front yard setback ofan existing single family residence:
SECTION NO. 18.46.110.030 Maximum fence height (3 foot high permitted with 4-
foothigh pilaster permitted in the front yard setback;
6-foot high wrought iron fence with 6-foot high
pilasters existing).
2. That there are special circumstances pertaining to the location of the property which do not
apply to other identically-zoned properties in the vicinity in that this property is larger than most and it is
located on a short block consisting of 4 properties. The taller fence is in scale with the larger sized property.
3. That the majority of the .block is developed with the same type of fencing and denial of this
request would deprive this property of a privilege enjoyed by others in the area.
4. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has
determined that the proposed project falls within the definition of Categorical Exemptions, Section 15303,
Class 3 (New Construction), 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 Variance, upon the following conditions which are hereby found to be a
necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety
of the Citizens of the City of Anaheim:
1. That within sixty (60) days from the date of this resolution, the applicant shall obtain a building permit to
retain the existing fence.
CR\PC2007- -1- PC2007-
2. That prior to final building and zoning inspection, the developer shall obtain aright-of-way construction
permit from the Public Works Department, Engineering Division, Development Services to construct a
driveway approach per City Standard 114-A.
B'E 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
July 9, 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 July 9, 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
-2- PC2007-
Attachment -Item Plo. 6
SECTION 4
PETITIONER' S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIltED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
(A separate statement is required for each Code waiver)
PERTAINING TO:
Sections ] 8.03.040.030 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 are special circumstances applicable [o the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
? That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identica(zoning classification in the vicinity.
In order to determine if such special ctrcumstances 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.
1. Are there special ejxumstances 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:
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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:
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3. Do the special circumstances applicable [o the propet]y deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? -Yes _No
If your answer if "yes," describe the special ciroumstances:
4. Were die spae ' circumstances created by causes beyond the control of the property owner (or previous property
owners)? =Yes _ No
EXPLAIN:
The sole purpose of any variance or Code waiver shell be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege no[ shared by other property in the same vicinity and zone
whit is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
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gnat •e of P caner or Authorized Agent Date
37fi25tDECEMBER 12, 2000
CONDITIONAL USE PERMIT/VARIANCE NO.
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Reclassification No. 2007-00206
Requested By: ANAHEIM REDEVELOPMENT AGENCY
2121 South Manchester Avenue (partial address)
10308
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APARTMENTS
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Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 106
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2121 South Manchester Avenue
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Staff Report to the
Planning Commission
July 9, 2002
Item No. 7
DISCUSSION:
(4) The reclassificatioh would permit the future development of ah affordable housing project,
subject to compliance with development standards for the Multiple Family Residential zone.
This reclassification would implement the existing Medium Density Residential land use
designation of the General Plan:. The proposed development would require separate
actionsNotUnderthe purview o€the Commission. Tfiey include a streefabandonment of
Old Manchester Avenue antl a lot line adjustment to combine both of the parcels into one
lot: Applications for development have not been submitted: Community Development.
Department staff willbe working closely with a developerbh specific site design and
architectural plans at a laterdate: The Redevelopment Agency issued a request for'
proposals and qualifications for develapmenfof eo affordable housing project at the subject
site. Ten'proposals have been submitted for consideration.
(5) The proposed Multiple Family Residential zoning classification for this property would
complement and support the ezisting and proposed development in the area: The
reclassification would also be consistent with the goals ahd objectives of the Housing
Element and the City Council's Affordable Housing Strategic Plan. Therefore, staff
recommends approval'of the proposed reclassification.
ENVIRONMENTAL IMPACT ANALYSIS`.
(6) Staff prepared an Initia(Study which concludes that there will be ho significant environmental
impacts; therefore, staff recommends that a Negative Declaratiort be approved:
RECOMMENDATION:
(7) Staff recommends that the Planging Commission take the following actions:
(a) By motion, approve a CEQA Negative Declaration for the project
(b) By resolution, ao rove Reclassification No: 2007-00206.'
Page 2
[~~FT~
RESOLUTION NO. PC2007--"'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR RECLASSIFICATION NO. 2007-00206 BE GRANTED, UNCONDITIONALLY
(2121 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 follows:
THE LAND REFERRED TO IN THIS POLICY IS SITUATED IN THE STATE OF CALIFORNIA,
COUNTY OF ORANGE, CITY OF ANAHEIM, AND IS DESCRIBED AS FOLLOWS:
PARCEL L.
THAT PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 26, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE RANCHO SAN JUAN
CAJON DE SANTA ANA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 10 OF
MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID
SECTION26,'DISTANT THEREON :NORTH 89° 58' 50" EAST 175.90 FEET FROM THE CENTER OF
SAID SECTION, SAID POINT ALSO BEING ON THE CENTER LINE OF ORANGEWOOD AVENUE,
40.00 FEET WIDE, AS DESCRIBED IN DEED TO THE COUNTY OF ORANGE, RECORDED IN BOOK
231,PAGE 230 OF DEEDS, RECORDS OF SAID COUNTY; THENCE AT RIGHT ANGLES TO SAID
SOUTH LINE, NORTH 0° 01' 19"WEST 20.00 FEET TO THE NORTHERLY LINE OF SAID
ORANGEWOOD AVENUE; THENCE NORTH 65° 05' 10' EAST 68.98 FEET; THENCE NORTH 11° 24'
02"WEST 305:09 FEET TO THE POINT OF TANGENCY OF THIS COURSE, WITH A CURVE CONCAVE
SOUTHWESTERLY, HAVING A RADIUS OF 220.00 FEET; THENCE NORTHWESTERLY ALONG SAID
CURVE, THROUGH AN ANGLE OF 24° 40' 00" AN ARC DISTANCE OF 94.71 FEET; THENCE
TANGENT TO SAID CURVE, NORTH 36° 04' 02"WEST 90.87 FEET TO THE POINT OF TANGENCYOF
THIS COURSE WITH A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 970.00 FEET;
THENCE NORTHWESTERLY, ALONG SAID CURVE, THROUGH AN ANGLE OF 4° 46' 13" AN ARC
DISTANCE OF 80.76 FEET TO THE POINT OF TANGENCY OF SAID CURVE WITH A LINE PARALLEL
WITH AND DISTANT 60.00 FEET SOUTHWESTERLY, MEASURED AT RIGHT ANGLES,FROM THE
SOUTHWESTERLY LINE OF THE SOUTHERN. PACIFIC RAILROAD COMPANY'S 100-FOOT RIGHT OF
WAY, BEING THE NORTHEAST LINE OF THAT CERTAIN PARCEL OF LANDCONVEYED TO SAID
STATE BY DEED REGISTERED AS CERTIFICATE OF TITLE NO. 8481 IN THE OFFICE OF THE
REGISTRAR OF TITLES OF SAID COUNTY; THENCE ALONG SAID PARALLEL LINE, NORTH 400 50'
15"WEST TO THE WEST LINE OF SAID NORTHEAST QUARTER OF SECTION 26; THENCE ALONG
SAID W EST LINE, NORTH 10 i 5' 18" WEST TO THE NORTH LINE OF SAID SOUTH HALF OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 26; THENCE EASTERLY
ALONG SAID NORTH LINE TO THE INTERSECTION THEREOF WITH THE SOUTHWESTERLY LINE
OF THE PARCEL OF LAND.DESCRIBED IN SAID CERTIFICATE OF TITLE NO. 8481; THENCE IN A
GENERAL SOUTHEASTERLY DIRECTION ALONG THEEXTERIOR BOUNDARIES OF THE PARCEL
OF LAND DESCRIBEp IN SAID CERTIFICATE OF TITLE TO SAID SOUTH LINE OF THE NORTHEAST
QUARTER OF SECTION 26; THENCE ALONG SAID SOUTH LINE, SOUTH 89° 58' 50"WEST 276.94
FEET TO THE POINT OF BEGINNING: EXCEPTING THEREFROM THOSE PORTIONS INCLUDED
WITHIN PARCELS 3 AND 4 SHOWN ON THAT CERTAIN STATE HIGHWAY RELINQUISHMENT MAP
RECORDEp IN STATE HIGHWAY MAPBOOK 4, PAGE 5 TO 11 INCLUSIVE, RECORDS OF SAID
ORANGE COUNTY.ALSO EXCEPTING THEREFROM THAT PORTION INCWDED WITHIN PARCEL 1
SHOWN ON THATCERTAIN STATE HIGHWAY RELINQUISHMENT MAP RECORDED IN BOOK 10;
PAGES 28 TO 34 INCLUSIVE, RECORDS OF SAID ORANGE COUNTY'. ALSO EXCEPTING
THEREFROM THAT PORTION LYING SOUTHERLY, EASTERLY AND NORTHEASTERLY OF THE
FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL 1, AS
-1- PC2007-
SHOWN ON EXHIBIT "B" ATTACHED THAT CERTAIN CERTIFICATE OF COMPLIANCE CC 89-01
RECORDED )ULY 31, 1989 AS INSTRUMENT NO. 89-403514 OF OFFICIAL RECORDS OF SAID
ORANGE COUNTY; THENCE SOUTH 89°06'34' EAST 222.01 FEET TO THE BEGINNING OF A
TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 15.00. FEET; THENCE
NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 101 °23'25" AN ARC DISTANCE
OF 26.54 FEET; THENCENORTH 100291597 WEST 1.04 FEET; THENCE SOUTH 89°0729" EAST
197.71 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHERLY AND HAVING A
RADIUS OF 25.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 24°5211" AN ARC DISTANCE OF 10.85 FEET; THENCE NORTH 25°28'.10" EAST 32.50 FEET TO
THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF
25.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
24°5201' AN ARC DISTANCE OF 10.25 FEET; THENCE NORTH 39°56'9" WEST 122.12 FEET; THENCE
NORTH 41°24'09"WEST 363.34 FEET THE TO BEGINNING OF A TANGENT CURVE CONCAVE
NORTHEASTERLY AND HAVING A RADIUS OF 103020 FEET; THENCE NORTHWESTERLY ALONG
SAID CURVE THROUGH A CENTRAL ANGLE OF 1028180 AN ARC DISTANCE OF 26.45 FEET;
THENCE NORTH 39°55'53" 1850.89 FEET.
PARCEL 2:
PARCEL 2 AS SHOWN ON EXHIBIT B ATTACHED TO THAT CERTAIN CERTIFICATE OF
COMPLIANCE NO. CC89-01 RECORDED JULY 31, 1989 AS INSTRUMENT NO. 89-403514 OF
OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on July 9, 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 and
determine the following facts:
L That the applicant;proposes .reclassification of Parcel 1 from the I (Industrial) zone and Parcel 2
from the T (Transition) zone to the RM-4 (Multiple-Family Residential) zone or less intense zone..
2. That the Anaheim General Pian designates both properties for Medium Density Residential land
uses and the proposed RM-4 (Multiple Family Residential) zone is the appropriate implementation zone for this
land use designation.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community because it would result in a residential project that is
consistent with the type of housing envisioned for the area
5. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby approve the 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
-2- PC2007-
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 I (Industrial) zone and the T
{Transitional) zone and to incorporate said described properties into the RM-4 (Multiple-Family Residential)
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.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
:luly 9, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 16.60 "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
July 9, 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-
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Conditional Use Permit No. 2007-05195 k~ ~<~-z Subject Property
Public Convenience or Necessity No. 2007-00035 Date: July 9, 2007
Scale: 1" = 200'
Requested By: BP WEST COAST PRODUCTS, LLC t7.S. No. 45
1700 West La Palma and 1017-1031 North Euclid Street -Arco
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m Staff Report to the
Planning Commission
July 9, 2007
Item No. 8
Sa. CEQA NEGATIVE DECLARATION
Sb. WAIVER OF CODE REQUIREMENT
8c. CONDITIONAL USE PERMIT NO. 2007-05195
Sd. PUBLIC CONVENIENCE OR NECESSITY NO. 2007-00035 (Motion for Continuance)
SITE LOCATION AND DESCRIPTION:
(1) This 1.1-acre property is identified as 1700 West La Palma and 1017-1031 North Euclid
Street. The property owner is BP West Products, LLC and the applicant is the architect,
Fred Cohen of CJC Design.
REQUEST:
(2) The applicant requests approval of the following applications:
o A conditional use permit to demolish an existing service station and construct a new
service station with a convenience market and self-serve car wash under authority of
Code Section No. 18.08.030.010 (Alcoholic Beverage Sales -Off-Sale; Automotive-
Service Station and Washing, Convenience Store) with waivers of the following
• provisions:
(a) SECTION NO. 18.44.10.010 Maximum wall sign area
WITHDRAWN
(b) SECTION NO. 18.08.060.0101 Minimum landscaped setback.
WITHDRAWN'
• Determination of Public Convenience or Necessity to permit sales of beer and' wine
for off-premises consumption within a proposed service station convenience market.
BACKGROUND:
(3) A portion of the property is improved with an Arco service station while a portion is currently
vacant. The property is within the General Commercial (C-G) zohe and is designated for
General Commercial land uses. The properties to the west and south are designated for
General Commercial land uses; properties to the north for Corridor Residential land uses
and properties to the east for Neighborhood Center land uses:
(4) Fred Cohen; the architect and applicant, has submitted the attached letter dated July 2,
2007, requesting a continuance of this item to the July 23, 2007, Commission meeting in
order to advertise a new waiver,
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: Elaine Thenprasiddhi Page 1
Srcup2007-05195ey1 070907.doc.
Attachment -Item No. 8
Design Planning Permitting
Date: July 2, 2007
To: City of Anaheim
Planning Department
Ms. Elaine Thienprasiddhi
Subject: Arco Service Station
1700 W. Anaheim Blvd.
Anaheim, CA
CUP No. 2007-05195
Determination of Public Convenience No. 2007-00035
Re: Continuance
Dear Ms. Thienprasiddhi,
CJC Design, Inc. on behalf of BP West Products LLC, hereby requests
continuance of subject item from July 9~', 2007 to July 23`x, 2007.
If you need any additional information, please do not hesitate to give me a call.
Sncerel
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Fred Cohen
CJC Design, Inc.
1205 N. Red Gum Street, Suite "A"
Anaheim, CA 92806
Tel: (714) 630-6929
Fax: (714)630.9929
www.cjccorp.com
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Conditional Use Permit No. 2007-05190
Requested By: ALAN Y H KWONG and YUE CHANG KWONG
3110 East La Palma Avenue -Carl's Jr.
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Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 140
N
Conditional Use Permit No. 2007-05190
Requested By: ALAN Y H KWONG and YUE CHANG KWONG
3110 East la Palma Avenue -Cares Jr.
Subject Property
Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 140
10310
m
Staff Report to the
Planning Commission
July 9, 2007...
ltem No. 9
9a. CEQA NEGATIVE DECLARATION (Motion)
9b. WAIVER OF CODE REQUIREMENT (Motion)r
9c: CONDITIONAbUSEPERMIT'NO.2007-05190 (Resolution).
SITE LOCATION AND DESCRIPTION:
(1) Thin 0.97-acre property is identified as 3110 East La Palma Avenue.. The property is
owned by Alan end Yue Kwong and the applicant is TRG, Inc.
REQUEST:.
(2) .The applicant requests approval of a conditiortal use permit to construct a new fast food
restaurant and retain alegal non-conforming pole mounted sign with waiver of the following
provisions:
(a) SECTION NO. 18.08.060.010.0101 Minimum reguired1andscape setback
abutting an arterial
15 feet required; 8 to 14 feet proposed)
(b) SECTION N0.18:44.110.010.0103 Maximum wall sign size
(Withdrawn. by applicant)
BACKGROUND:
(3) This property is developed with a fast food restaurant. It'is located within the Northeast
Area Specific Plan No. 94-1, Commercial Area (SP94- {DA-5)). ,The General Plan
designates this. property and properties to the'north across La Palma Avenue and west
across Kraemer Boulevard for General Commercial land uses. The property to the south
and east is a flood control channeCfor the Orange County Fiood Control District.
DEVELOPMENTPROPOSAL:
(4) The applicant is proposing to demolish the existing Carl's Jr. Restaurant and construct a
new fast food restaurantwith a drive through ;The applicant proposes to retain a legal non-
conforming pole sign.
(5) Code requires a minimum building and landscape setback of 15 feet adjacent to arterial
.highways. The site plan indicates a landscape settiack of 8 to 14 feet along Kraemer:
Boulevard, and 8 feet along La Palma Avenue. A 46 foot building setback is proposed
along La Palma Avenue and a 5b foot settiack is proposed along Kraemer Boulevard.'
(6) Vehicular access is provided via three existing driveways on Kraemer Boulevard and La
Palma Avenue. Code requires a total of 49 parking. spaces and the site plan indicates 49
parking spaces are available on-site. The restaurant also has a'drive through lane end
pick-up window adjacent to the south property line.
{7) The floor plan depicts atypical restaurant layout with no play area:
Case Planner. Scott Koehm
SR_CUP2007-05190gsk
Page 1
Staff Report to the
Planning Commission
July 9, 2007
Item No. 9
changes. The continuation of the non-conforming sign would not adversely affect
. surrounding properties. The service station to the west is also developed with anon-
conforming:pole sign.
(16) A Carl's Jr. fast food restaurant with a drive through has been operating at this location
since 1976. The proposed fast food restaurant will provide an updated and modem
building elevation. New landscaping is proposed to increase the overall landscape area
throughout the site. Tfte new constructionalso provides an improved Jayouf df the parking:
area and drive through lane. Staff believes that the improvements to the site will improve
the overall appearanceof the intersection in a manner that is compatible witty the zone and
surrounding properties: Therefore, staff recommends approvatof this request.
FINDINGS:
(17) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification maybe granted for the purpose of assuring that no property,
because of special circumstances applicable to it, shall be deprived of privileges commonly
enjoyed by other properties in the. same vicinity and zone. The sole purpose of any
variance or code waiver is to prevent discrimination and none sfialf be approved which
would have the effect of granting a specialprivilege not shared by other similarproperties.
Therefore,,6efore any"variance or code waiver is granted by the Planning Commission, it
shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply,to other identically zoned
properties in the. vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed:
by other properties under identical zoning classification in the vicinity.
(18) Before the Planning Commissiongrants any conditional use permit, it must make a finding.
of fact thatthe evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by,the Zoning Code, or is an unlisted useas defined in Subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority);
(bp That the proposed use will not adversely affect the adjoining land uses or the growth
and development of he area in which it is' proposed to be located;c
(c) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) Thaf the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways desighed'and improved to carry the traffic in the
area;: and
(e) That the granting of the canditionat use permit under the conditions.imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
Page 4
Staff Report to the
Planning Commission
July 9, 2007
Item No. 9
RECOMMENDATION:
(19) Staff recommends that the Planning Commission take the following actions:
(a) By motion, approve a Negative Declaration for the project.
(b) By motion, approve waiver (a) and acce t the applicant's request for withdrawal of
waiver (b):
(c) By resplution, approve Conditional Use Permit No. 2007-05190.
Page 5
[®R~,FT
RESOLUTION NO. PC2007--***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05190 BE GRANTED
(3110 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF LOT 20, BLOCK K OF THE KRAEMER TRACT, AS SHOWN ON A
MAP RECORDED IN BOOK 12, PAGES 87 AND 88 OF MISCELLANEOUS RECORDS OF
.LOS ANGELES COUNTY, CALIFORNIA, BOUNDED NORTHERLY BY A LINE 53.00 FEET
SOUTHERLY FROM AND PARALLEL W ITH THE NORTHERLY LINE OF SAID LOT 20,
BEING ALSO THE CENTERLINE OF LA PALMA STREET; EASTERLY BY THE
WESTERLY LINE OF THE LAND CONVEYED TO THE ORANGE COUNTY FLOOD
CONTROL DISTRICT BY DEED RECORDED NOVEMBER 10, 1960 IN BOOK 5504, PAGE
8 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; SOUTHEASTERLY BY THE
NORTHWESTERLY BOUNDARY OF PARCEL 1 OF THE LAND CONVEYED TO SAID
DISTRICT BY DEED RECORDED DECEMBER 10, 1965, IN BOOK 7770, PAGE 822, OF
SAID OFFICIAL RECORDS; AND SOUTHWESTERLY AND NORTHWESTERLY BY THE
NORTHEASTERLY BOUNDARY OF THE LAND CONVEYED TO THE STATE OF
CALIFORNIA BY DEED RECORDED APRIL 22, 1963, IN BOOK 6515, PAGE 989, OF
SAID OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 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 ail evidence and reports offered at said hearing, does find
and determine the following facts:.
1. That the proposal to construct a new fast food restaurant and retain a legal non-conforming
pole mounted sign is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Sections 18.120.100.050.0522 (Restaurants -Drive-through) and 18.56.060.020 (Nonconforming
Signs) with waivers of the following provisions:
SECTION NO. 18.08.060.010.0101 Minimum recuired landscape setback
abutting an arterial
(15 feet required; 8 to 14 feet 2 inches
proposed)
SECTION N0.18.44.110.010.0103 Maximum wall sign size
Deleted.
2. That the waiver pertaining to minimum required landscape setbacks is hereby approved
because there is another commercial property within the immediate vicinity which also enjoys a waiver of
required landscape setback. The new development will provide more landscaping along La Palma Avenue
than the existing site. Denial of this waiver would deprive this property of a privilege enjoyed by another
property in with the same zoning in the vicinity.
Cr\PC2007- -1- PC2007-
3. That the waiver pertaining ko maximum sign size is deleted because it has been withdrawn
by the applicant.
4. That the proposed fast food restaurant and legal non-conforming pole mounted sign, 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 has been developed with a fast food
restaurant with no adverse affects to adjoining land uses.
5. That the size and shape of the site for the fast food restaurant is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area.
6. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of 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: That the Anaheim Planning
Commission has reviewed the proposal to construct a new fast food restaurant and retain a legal non-
conforming pole mounted sign; and does hereby approve the Negative Declaration upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment..
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property. in order to preserve the
health and safety of the Citizens of the City of Anaheim:
1. That the applicant shall submit to the Putilic Works Department, Development Services Division fora
Water Quality Management Plan for review and approval.
2. That within 90 days from the date of the approval of this project, the applicable traffic signal.
assessment fee shall be paid to the City of Anaheim in an amount established by City Council
Resolution.
3. Thafwithin 90 days from the date of the approval of this project, the developer shall pay a traffic and
transportation improvement fee to the City of Anaheim, Traffic Engineering Division, in an amount
established by City Council Resolution.
4. That all backflow equipment shall be located above ground outside the street setback area in a manner
fully screened from all public streets. Any backflow assemblies currently installed in a vault will have to
be brought up to curcent standards. Any other large water system equipment shall be installed to the
satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets. Said information shall be specifically
shown on plans and approved by Water Engineering and Cross Connection Control Inspector before
submittal for Building Permits.
5. That all requests for new water services or fire lines, as well as any modifications, relocation or
abandonments of existing water services and fire lines shall be coordinated through the Water
Engineering Division.
-2- PC2007-
6. That this project has a landscaping area exceeding 2,500 square feet therefore a separate irrigation
meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and
Ordinance No. 5349.
7. That the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division. A Certificate of
Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and
recorded in the Office of the Orange County Recorder prior to issuance of a building permit.
8. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be
upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
Prior to grading plan approval, the following conditions shall be complied with:
9. The applicant shall demonstrate that coverage has been obtained under California's General Permit for
Stormwater Discharges Associate with Construction Activity by providing a copy of the Notice of Intent
(NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification
of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and
implant a Stormwater Pollution Prevention Plan (SWPPP). A copy of the current SWPPP shall be kept
at the project site and be available for City review on request.
Prior to final building and zoning inspections the following conditions shall be complied with:
10. That a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim
Municipal Code and Ordinance No. 5349.
11. That an Emergency Listing Card, Form APD-281, shall be filed with the Police Department.
12. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 6 and as conditioned herein.
Prior to the issuance of a certificate of occupancy:
13. That the applicant shall demonstrate the following;
a. That all structural BMP's described in the Project WOMP have been constructed and
installed in conformance with approved plans and specifications;
b. That the applicant is prepared to implement all non-structural BMP's described in the Project
W OMP;
c. That an adequate number of copies of the approved Project WOMP are available onsite;
d. Submit for review and approval an Operation and Maintenance Plan for all structural BMP's.
General Conditions:
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.
-3- PC2007-
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.
17. That timing for compliance with cpnditions 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 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
priorto the issuance of building permits far this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 9, 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:
IOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2007-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on July 9, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_5_ PC2007-
SECTION 4
APPLICANT'S STATEMENT OF Attachment -Item Plo. 9
.iUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARIZING WAIVER)
REQUEST FOR WAIVER OF CODE SECTIO11N:
Car~S~~ /QCSY~o'1GlA$I%De~ten~ is~~~~~foreachCodewaiver)
PERTAINING TO: //°
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as 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
suttaundings? X Yes _ No.
[f your answer is "Yes," describe the special circumstances: S~L° c7~G`-CGi/
2.
4.
Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your properly? ?~ Yes _ No
If your answer is "yes," describe how the property is different:
a~7`°~ f}~c7C~lP.~
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? X Yes _No
if your answer if "yes," describe the special circumstances: 6~~ ~` _' _ J
Were the special circumstances created 6y causes beyond the control of the property owner (or previous property
owners)? DC Yes _ No
EXPLAIN S~ ~~BGfi~
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 privi]ege not shared by other property in the same vicinity and zone
w ' 'snot otherwise ex essly authorized by zone regulations governing subject property. Use variances aze not permitted.
Si a e of Prop er or u horized Agent Date
CONDITIONAL USE PERMITNARTANCE NO.
CUP ~10.~1~C17 -a5~~~
'C~~a Reyes l~r®aap ~~ss,.
License #528590
Fea] Estate Development Services Entitlements Construction Management
To: City of Anaheim
Planning Department
From: John Murray
The Reyes Group Inc.
Subject: Statement of Justification
For Variance/Code Waiver
Landscape Setbacks
Carl's Jr. Restaurant
3110 E. La Palma Ave.
Anaheim, CA
Date: March 12, 2007
1. Are there special circumstances that apply to the property in matters
such as size, topography, location or surroundings?
The Carl's Jr. lot is irregularly shaped comer lot. Because of the adjacent
Carbon Creek Diversion Channel the irregular shape. The site does not have a
square or rectangular configuration that would allow it to take advantage of a
more conventional site layout with standard I~ndscape setbacks-
2. tyre there special circumstances that apply to the property different from
other properties in the vicinity which an: in the same zone as your
property?
As a corner lot, on two major arterials; the site is burdened with two fifteen foot
landscape setbacks. Other properties in the vianity located at intersections that
are not major arterials deal with lesser landscape setback standards along a
single frontage as do properties located mid-block.
3. Do the special circumstances applicable to the property deprive it of
privileges currently enjoyed by neighboring properties located in the
same zone?
The landscape requirement is being imposed because this location is going thru
a voluntary major rebuild renovation by CKE/Carl's Jr. that does not change the
1403 Batavia Street, Suite 203, Orange, CA 92867-5049
(714) 516-1010 Fax (714) 516-1011
3. contd. effective use of the property. This renovation represents a major
financial investment for the betterment of the area and the City. Existing
properties that choose not to sufficiently improve their properties triggering
current landscape requirements can continue to operate under existing lesser
landscape standards. Neighboring properties not located on corner lots only
need to provide landscape setbacks along a single street frontage.
,~. liider~a files spec'sat circumstances creafied bay causes bey®nc! fihe control
of the property owner (or previous property owner}?
The creation of Garbon Creek Diversion Channel and the street aligrtments of
both La Palma Avenue and Kraemer Boulevard creating this irmgular piece of
property were beyond the conirol of the current and previous property owner.
Traffic requirements at this particular intersection causing the designation as
"major arterials" could not be foreseen. As a City of Anaheim requirement, large
amounts of property were dedicated. along both La Palma Avenue & Kraemer
8aulevard to meet future traffic demands. There is a major public works project
in the design stage that will improve the previously dedicated property
Item No. 1i
SP 94-1
RCL 70-71-15 (1)
RCL 70.71-14
CUP 2167
VAR 4271
OFFICE BLDG.
D.A. 2
Conditional Use Permit No. 2007-05213
Tentative Tract Map No. 17175
Requested By: THE VINEYARDS APARTMENTS, LLC
5601 East Orangethorpe Avenue
R
RCLE
w~w'
IV
10311
GUP 2003414822 SP 84-1
NORTHEAST CUP 3887 RCL H680~H
INDUSTRIAL AREA ~ fib RCL H&H9-S3
RCL 8680-CH CUP 3260
RCL 87-88-09
CUP 2805 RCL 656625
RC186-H7-9 (Rm ollnlm4lo ML)
VAR 3892 RCL HSBH-17
RCL B56HQS (2) (CUP 3374) CU~O
03474689
RCLfiS6S77 (CUP 1585) P
CUP 2005-05048
CINEMA CITY C17P 3253
T4;UP 2001-0d8~ TNFATRE9 CUP 3514
i]A 5 VAR 4188
VAR 4182
VAR 4}56
SHOPPING CNTR.
OA5
°~:
/ ~~"` Subject Property
Date: July 9, 2007
Scale: 1" = 200'
Q.S. No. 183
N
5601 East Orangethorpe Avenue
10311
Staff Report to the
Planning Commission
July 9, 200T
Item No. 10
10a. CEQA NEGATIVE DECLARATION (Motion)
10b. WAIVER OF CODE REQUIREMENT (Motion).
- 10c. CONDITIONAL USE PERMIT NO: 2007-05213 (Resolution)
10d. TENTATIVE TRACT MAP NO. 17175. (Mot(ors)
SITE LOCATION AND DESCRIPTION:
(1) This 13.3-acre property is identified as 5601 East Orangethorpe Drive. The property is
owned by The Vineyard Apartments, LLC ano the applicant is Lyon Realty Advisors.
REQUEST:
(2) The applicant requests approval of the following applications:
(a) ,Conditional Use Permit No. 2007-05213 - to permit the conversion of an existing 304-
unit apartment complex to ah attached airspace residential condominium complex
with modification to standardsUnder authorityof Code Section Nos. 18.06.030.090,
18.06.160. (PUD), and 18.38.100.020 (Conversion of Existing Multiple Family
Structures) with waiver of the following provision:
(a) SECTION NO: 18.06.09D.050 Minimum setbacks between buildings.
(30 feet required; 10 to 25 feet
proposed)
• (b) ;Tentative Tract Map No. 17175 - to establish a 1-lot, 304-unit airspace attached
single-family residential condominium subdivision:-
BACKGROUND:
(3) This property is located within the Multiple-Family Residential zone (RM-4) is developed
with an apartment complex. The General Plan designates this property and: properties to
the north for Medium Density Residential land uses. The General Plan designates
ptoperties to the west forLow-Medium Density residential land uses, the properties to the
easffor Low-Medium Density residential and General Commercialland uses, and the
property to the south'acrdss Orangethorpe Avenue fortndustrial wand uses. The property to
the north is a part of a golf course within the City of Yorba Linda.
(4) A variance was approved in 1975 to waive minimum floor area and the required enclosure
of carports to construct this 304-unit apartment complex,
PROPOSAL:
(5) The applicant is requesting a conditional use permit and tentative tract map to convert a
304-unit apartment complex into a 304-unit residential condominium complex. New
construction is not proposed with this request. The site plan and tentative tract map
indicate the following existing site dharacteristics:
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~ ry~
<G' x'=13rv~-4' ~ne.Sta[rYar
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.
Site Area, 13.3 net acres N/A-:
Number of Dwellin Units 304 dwellin units 478. units maximum
Avers a Land Area er Unit - 1,905 s.f. 1',200 s.f. minimum
Lot Covers a 40.0%- 55% maximum
Avg: Rec/Leisure Area per 381 s:f. per unit (116,000 s.f: 200 s.f. per unit (60,800 s.f.
DU total total
page 1
Staff Report to the
Planning Commission
July 9, 2007
Item No. 10
(6) The site is currently developed with the following setbacks:
' *Existing setback that can be modified through cohditionaf use permit.
(7) Vehicularaccess is provided via two existing driveways on Orangethorpe Avenue leading
into an interior private drive and parking area. There is na distinction in parking
requirements between condomihiums and apartments; therefore, the exlsting parking
condition can continue with ho'change:' The site plan indicates 454 parking'spaces are
available on-site.
(6) 'The floor'plans indicate two-story units consisting ofiiving and dining rooms and outdoor
deck and balcony areas: Modifications to the interior floorplahs are hot proposed;
(9) The units are located within nineteen (19) two-storybuildings with the following unit
' 'configuration:
~- '`P~a of,Units i ~ ~Tatal. Living Area* ~- ~ fdo: Qf
'Provided/Requited m Bedrooms
~= square feet (s.f,)
64 540 s.f*/550 s.f.~ Studio
r 144 705' and 740 s.f`I750 s.f. T Bedroom
P floor lans
96 94T and 976 s.f./825 s.f. 2 Bedroom
2 floor tans
`Modification to standardsisallowed in order to achieve good'project design, privacy,
livability, and compatibility witfi surrounding uses.
(10) Elevation plans reflecftwo-story buildings consisting of multiple earth tone-colored stucco
'walls, mission style clay the rooftops, aluminum windows, and whitelattice on the
• balcony/porch walls. Staff has?ecommended architectural and site enfiancements'to the
property ahd buildings Including embellishments to break up large sections of blank wall
area, new light posts throughout the property, removal and replecementof the lattice work
oh the balcony and porch walls, and waif lights for commoh areas to match those wall lights
"at the entry doors, Staff has included a condition of approval requiring final elevation and
site plans?effecting the architectural enhancements and site. improvements to be submitted
to the Planning Services Division for review prior to approvafdf the final tract map:.
(11) The tentative tract map indicates a minimum twenty (20) foot wide landscaped setback
'.adjacent to brangethorpe Avenue. Code requtres one (1) tree for every twenty (20) lineal
feet of street frontage which is22 trees on Orangethorpe Avenue and 13 sees on! Imperial
Terrace Lane. The current Imperial Highway grade separationproject, which includes the
widening of Orangethorpe Avenue, has impacted this property with the removal of gees
within the setback area. Staff has included a condition of approval requiring that final
landscape plans including the requisite number of trees along each street frontage be
Page 2'
,Direction ExistingjSetbacks
Landsca `e/~uililirl` Required 6etbacks
Lantlsca s/Ruildin
Oran ethos a Avenue 20 feeU20 feet' 20 feet/20 feet
Interior Setbacks Zero to 15 feet* ' 15 feet/5 feet
Setback between buitdin s 90-25 feet* 30 feet/ none
Staff Report to the
Planning Commission
July 9, 2007
Item No. 10
submitted to the Planning Services Division for review prior to approval of the final tract
map.
(12) The recreation areas throughout the property contain a volleyball court, three tennis courts,
and green belt areas.' The site also containsa pool area witH associated
clubhouse/community room for tenant use. Changes to these facilities are not proposed.
(13) California Government Code Section 66427.1'contains'specific requirements for approval
of a final map for a subdivision created from the conversion of residentialreal property into
a condominium projecti California Government Code Section 66427.1 reads as follows:
"(a) Each of the tenants of the proposed condominium project...has received, pursuant fo
' Section 66452.9, written notification of intention to convert at least 60 daysprior to the filing
of a tentative map pursuanf to Section 56452: There shall be a further finding lhaf each
such tenant, and each person applying for the rental of a unit in such residential real
property, has,. or will have, received all applicable notices and rights now or hereaRer
required by this chapter or Chapfer,3 (commencing with Section 66451). In addition, a
finding shall be made that each tenant has received 10 days' written notification that an
application for a public report will be, or has been, submitted to the Department of ReaF
Estate, and that such report will be'available on request:',The written notices to tenants
required by this subdivision shall be deemed satisfied if such notices comply with the legal
requirements for service, by mail
(b) Each of the tenants of the proposed condominium project... has been, or will be, given
written notification wfthin t 0 daysof approval'of a final map for the proposed conversion:
(c) Each of the tenants of the proposed condominium project... has been, or will be, given
180 days' written notice of intention to convert prior fo termination of tenancydue to the
conversion or proposed conversion: The provisions of this subdivisiod shall not alter o~
abridge the rights or obligations of the parties in performance of their covenants, including,
but not limfted o, the provision of services, payment of rent or the obligations imposed by
Sections 1941,11941.1, and 1941:2`of the Civil Code.
(d) Each of the tenants of the proposed condominium project... has been, or will be, given
notice of an exclusive right to contract for the purchase of his or her respective unit upon
the same terms and conditions that such unit will be initially offered to the generatpublic or '
terms more favorable to the tenank 4' The rght shall rud for a period of not less than 90 days
from the data of issuance of the subdivision public report pursuant to Section 11018.2 of
the Business and Professions Code, unless the tenant gives prior written notice of his or
her intention not to exercise the right.
(e) This section shall nofdiminish, limit or expand, other than as provided herein, the
authority of any cfty, county, or city and county to approve or disapprove condominium
projects.
The applicant has indicated that written notification of intention to convert the apartments to
condominiums has been provided at Ieasf 60 days prior to the filing of this tentative map.
The tenants were notified on December 28, 2005, and the application was filed on May 15,
2007. Thus far, the applicant has demonsfrated compliance with`applicable Government
Code sections pertaining to condominium conversionsz' The atlditional requirements set
fdrth'above for tenant'notification'prior to filing of a'public reportwith the Departmentof
Real Estate; and noticingtequirements forthe final map and termination of tenancy, as well
as the exclusive right of the tenants to contract for the purchase of his or her respective
unit; will be included as oonditionsof approval on the tentativemap.
Page 3
Staff Report to the
Planning Commission
July 9, 2007
Item No. 10
feet) for various wall types. Since the project is a liveable community that is consistent with
other condominium conversions, staff recommends aooroval of this waiver, as requested,
The intent of tFie code is to provide a livable and open environment between buildings and
the existing setbacks meet this intent.
(18) Modification to development standards, including minimum floor area and interior setbacks,
are allowed as outlihed in Code Section 18.06.160. These deviations are allowed in order
to achieve good project design, privacy, livability, and compatibility with surrounding uses.
Before the Planning Commission approves these modifications,. itshall make the following
findings:
(i) The uses within the. project are compatible;
(ii) New buildings or structures related to the project are compatible with the scale,.
mass, bulk, and orientation of existing buildings in the surrounding area, provided the
existing,buildings conform with the provisions of this title;
(iii) - Vehicular and pedestrian access are adequate;
(iv) , The project is consistent with applicable design guidelines adopted by the City;
(v) ,The size and shape of the site proposed for the use is adequate to allow the fulF
development of the proposed use in a manner not detrimental to the particular area;
(vi) The traffic generated by the proposed use will not impose an undue burden upon the
streets'ahd highways designed and improved to carry the traffic in the area;
(vii); The project complies with the General Plan and any applicable zoning or specific
plan; and
(viii) The granting of the conditional use permit under the conditions imposed, if any, will
notbe detrimental to the peace, healtfi, safety and general welfare of the citizens of
the City of Anaheim.
(19) Modifications are requested for unit size for the 64 studio units and the 144 one-bedroom
units. These units were consfructed in compliance with applicable standards at the time
they were built. The setbacks abutting the interior property lines are also less than code
requirements: Code allows modification to both of these requirements under the Planned
Unit Development portion of the node. The existing project is welt maintained. Since these
modifications would not affect the current livability of the development, staff recommends
approval of the modifications.
(20) Based upon review of the project with the requested modification of standards and waivers,
the site would comply with the intent of the General Plan and underlying Zoning Code. The
intent of the General Plan is for Multiple Family designated properties to provide quatity
multiple family living environments with design amenities. Therefore, the development is
suitable for conversion from an existing multiple family apartment'complex to a single-
family attached condominium development:
(21) Goal 4.1 of the Community Design Element of the General Plan reads as follows:
`Multiple-family housing is attractively designed and scaled to complement the
neighborhood and provides visual interest through varied architectural detailing.°
Page 5
Staff Report to the
Planning Commission.
July 9, 2007
Item No. 10
Several policies are indicated in order to implement this goal. In summary; the design
policies include the following:
o Reduce the visual impact of large-scale, multiple-family buildings by requiring.
articulated entry features, such as attractive porches, and detailed fagad,e treatments,
which'create visual interest and give each Unifmore personalized'design.
Discourage visually monotonous, multiple-family residences by incorporating different
architectural styles, a variety of roof-lines, wallarticulation,balconies window
treatments, and`varied colors and building materials on ap elevations.
• Require appropriate setbacks and height limits to provide privacy where multiple-
family housing is developed adjacent to single family housing.
• Reduce the visual impact of parking'areas by utilizing interior courtyard garages,
parking structures, subterranean lots, or tuck-under, alley-loaded designs:
Require minimum lot size criteria in the Zoning Code to encourage professional,
responsible; on-site property management.
• Provide usable cbmmon open space amenities' Common open space should be
centrally located and contain amenities such as seating, shade andplay equipment;
• Private open space may include courtyards, balconies; patios, terraces and enclosed
playereas.
a Provide convenient pedestrian access from multiple-family development to nearby
commercial centers, schools,. and transit stbps
Where possible; underground or screen utilities'and utility'equipment or locate and
size'tfiem to be as inconspicuous a5 possible. "
(22) Several of the design features indicated in the Design Element are already incorporated into
the existing apartment complex. 'Examples include reducing the visual impact of parking
areas by utilizing interior courtyard garages;'providing usable common open space amenities
with seating, shade and play equipment; and where possible, underground or screen utilities
and' utility equipment or locate and size them to be as inconspicuous as possible. Staff has
' discussed with the applicant the need to provide enhancements to the property to further
implement the policies above and achieve a good project designedto preserve and enhance.
the neighbofiodd in a manner thatis compatible in scale; mass and bulk with existing
buildings in thearea. These enhancements will includei3etailed fagade treatments
(embellishments to spansof blank building walls), chahges to the balcony and porch
screening design, and replacemeht of the original pole lamps throughout the'complez to a;
more modem or decorative lamp design: Existing utility equipmenf (such as gas meters and
backFlow devices) should be painted and screened with'landscaping where pbssible: The
applicant has ihdicated a willingness to enhance the property in a manner consistent with
recehtly approved condominium conversions:
(23) Staff has included conditions of approval relating to landscape ihstallation and maintenance:
Detailed final elevation and landscape plansare required for final review and approval by the
Planning Services Division prior to final map'approval to ensure that upgrades to the complex
are implemented. Staff believes the proposedbonver•sioh is compatible witFr existing and
surcounding land uses (multiple family residences) and that modifications/upgrades proposed
foFthe buildings would ehhance thevisual jmpact of theproperty andlivability for residents
within and around the project.
FINDINGS:
(24) When practical difficulties or unnecessary hardships result fromstrict enforcement of the
Zoning Code, a modification may be granted for the'purpose ofassuring that no property,
because of special circumstances applicable to it, sfiall be deprived of'privileges commonly
Page 6
Staff Report to the
Planning Commission
July 9, 2007
Item No. 10
enjoyed by other properties in the same vicinity and zone: The sole purpose of any variance
or code waiver is to prevent discrimination and none shall be approved which would fiave the.
effect of granting a special privilege not shared by other similar properties:. Therefore, before
any variance or code waiver is granted by the Planning Commission, it shall be shown:'
(a) That there are special circumstances applicable to the property such as size, shape,
topography,: location or surrouhdings, which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties Under identical zoning classification in the vicinity::.
(25) Before the Planning Commission grants any conditional use. permit, it must make a finding of
fact that the evidence presented shows that all of the following conditions exist:
(a) ThaEthe proposed`USe is properly one for whicH a conditional use permit is
authorized by the Zoning Code, br is an unlisted use as defined in Subsection .030
(Unlisted Uses Permitted) of Sectioh 18:66.040 (Approved Authority);
• (b) That the proposed use will not adversely affect the adjoining land uses or the growth
-and development of the area in which it is proposed to be located;
(cj That the size and shape of the site proposed fpr the use is adequate to allow the full
development of the proposed use ih a mannernot detrimental to the particular area
or to the health .and safety;:
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets' ahd 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, will not
be detrimental to the health and safety of the citizens ofthe City of Anaheim..
(26) Before the Planning Commission approves a conditional use permit to convert existing
multiple-family,dwellings to a condominium or other common interest development, it shall
make the following findingsi
(a) That the'project complies with the General Plan, including the Land Use Element;
(b) That the existing structuresand other improvements conform to the site
development standards for the underlying zone or any applicable specific plan.
(c) That the existing structures and other improvements are incompliance with the
Uniform Building Code end other applicable codes as adopted by the City of
Anaheim;
(d) That the vehicular and pedestrian access are adequate;
(ep That the size and shape of the site proposed for the use are adequate to allow full
development of the proposal in a manner not detrimental to the particular area;
(f) 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
Page 7
Staff Report to the
Planning Commission
July 9, 2007
Item No. 10
(g) Thaf granting the conditipnal'use permit under the conditions imppsed, if any, will
not be detrimental to the peace, health, safety and general welfare of the citizens of
• the City of Anaheim.
(27) The State Subdivisipn Map Act (Government Code; Section 66473.5) makes it mandatory to
include (n all mptiohs approving, orrecommending`approvaf ofa tractmap, aspecific finding
that the proppsed Subdivision together witft its design and improvement is consistent with the
City's General Plan.
Further, the law requires that the Commission make any of the following findings when
denying or ~ecommehding denial of a tract map:
1: .That the proposed map is not consistent with applicable Generaf and Specific
Plahs.
2. Tfiat the design or improvemehf pf the proposed subdivision is not consistent with
applicable Generaf 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 theproposed density of development:
5. Thaf the design of thA subdivision'pr the proposed improvemehts are likely to
cause substantial envirohmentaf damagecr substantially and avoidably injure fish
or wildlife or their habitat:
6. Thaf the design of the subdivision or the type of improvements is likely to cause
seripus public health prpblems.
7, That the design of the subdivision cr the type of improvements will conflict with
easements;'acquiredbyche publi8at large, fpr access through or used property
wiWin the proposed"subdivision. r
RECOMMENDATION:
(28) Staff recommends that the Planning Commission take the following actions:'
(a) By motion, approve a Negative Declaration for the project.
(b) By motion, approve waiver (a).
(c) By resolution, approve Conditional Use Permit No. 2007-05213.
(d) By mption, approve Tentative Tract Map No: 17175.
Page 8
[DR.QFT]
RESOLUTION NO. PC2007--"`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05213 BE GRANTED
(5601 EAST ORANGETHORPE AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THOSE PORTIONS OF THE PRUDENCIO YORBA ALLOTMENT AND THE MARIA JESUS
YORBA DE SCULLY ALLOTMENT, ACCORDING TO THE DECREE OF PARTITION OF THE
RANCHO CANON DE SANTA ANA, RENDERED IN CASE NO. 1978 OF THE 17T" JUDICIAL
DISTRICT COURT OF CALIFORNIA, A CERTIFIED COPY OF WHICH WAS RECORDED
FEBRUARY 8, 18741N BOOK 28, PAGE 158 OF DEEDS OF LOS ANGELES COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY PROLONGATION OF THE
EASTERLY LINE OF TRACT 7416 AND THE CENTERLINE OF ORANGETHORPE AVENUE,
AS SHOWN ON A MAP OF SAID TRACT 741&, RECORDED IN BOOK 311, PAGES 37
THROUGH 421NCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY;
THENCE NORTH 1°13'30" EAST ALONG SAID SOUTHERLY PROLONGATION AND SAID
EASTERLY LINE, 497.51 FEET TO THE MOST EASTERLY CORNER OF SAID TRACT, SAID
CORNER ALSO BEING THE MOST SOUTHERLY CORNER OF TRACT NO. 8511, AS PER
MAP RECORDED IN BOOK 355, PAGES 37, 38 AND 39 OF SAID MISCELLANEOUS MAPS;
THENCE NORTH 20°26'29" EAST, ALONG THE SOUTHEASTERLY BOUNDARY OF SAID
TRACT 8511, A DISTANCE OF 520.91 FEET TO THE NORTHERLY LINE OF SID
PRUDENCIO YORBA ALLOTMENT; THENCE SOUTH 89°58;33' EAST, ALONG SAID
NORTHERLY LINE, 554.77 FEET TO A POINT NORTH 89°58;33' WEST, 19.26 FEET FROM
STATION 1 OF SAID ALLOTMENT; THENCE SOUTH 28°0751" EAST 43.60 FEET TO THE
EASTERLY LINE OF SAID PRUDENCIO YORBA ALLOTMENT; THENCE SOUTH 0°04;52'
WEST ALONG SAID EASTERLY LINE, 389.49 FEET TO STATION 3 OF THE TRACT OF
FIRST AND SECOND CLASS LAND ALLOTTED TO SAID MARIA JESUS YORBA DE
SCULLY, SAID POINT ALSO BEING AND ANGLE POINT IN THE BOUNDARY OF THE LAND
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED JULY 28, 1954 IN
BOOK 2778, PAGE 632 AND FOLLOWING OF OFFICIAL RECORDS, RECORDS OF SAID
ORANGE COUNTY; THENCE ALONG THE BOUNDARY OF SAID LAND, SOUTH 56°21;18"
WEST. 550.99 FEET TO THE CENTERLINE OF SAID ORANGETHORPE AVENUE, SAID
CENTERLINE BEING A CURVE NORTHERLY AND HAVING A RADIUS OF 2000.00 FEET, A
RADIAL LINE OF SAID CURVE BEARS SOUTH 5°55'57" AND ARC DISTANCE OF 207.08
FEET; THENCE TANGENT NORTH 78° 18'33" WEST, ALONG SAID CENTERLINE, 361.76
FEET TO THE POINT OF BEGINNING.
EXCEPT THAT PORTION INCLUDED WITHIN PLACENTIA YORBA ROAD, AS DESCRIBED
IN A DEED RECORDED JANUARY 6,.1916 IN BOOK 280, PAGE 151 OF DEEDS, RECORDS
OF SAID ORANGE COUNTY.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on July 9, 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
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:
1. That the proposed request to permit the conversion bf an existing 304-unit apartment
complex to an attached airspace residential condominium complex with modification to standards for
minimum floor area and interior setbacks is permitted in the RM-4 Zone as a Planned Unit Development
(PUD) subject to the approval of a conditional use permit under authority of Code Section Nos. "
18.06.030.090, 18.06.160 (PUD), and 18.38.100.020 (Conversion of Existing Multiple Family Structures) with
waiver of the following provision:
(a) SECTION NO. 18.06.090.050 Minimum setbacks between buildings.
30 feet required; 10 and 25 feet proposed)
2. That the waiver pertaining to the minimum required setbacks between buildings is hereby
approved as the existing site contains building separations that vary considerably. An adjacent multiple
family residential development on Orangethotpe Avenue contains similar building separations for primary
walls and the strict application of the zoning code deprives the property of privileges enjoyed by this other
property under identical zoning classification in the vicinity.
3. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area because the apartment complex is existing, and no expansion or increase of units is
proposed. The proposed conversion would be compatible with existing and surrounding land uses and
modifications and upgrades proposed to the buildings would enhance the visual impact of the property on
surrounding properties and the livability for residents within the project. In addition, this proposal as
conditioned is consistent with other recently approved condominium subdivisions.
4. That basedUpon review of the project with the requested modification of standards and
waiver, the site would comply with the intent of the General Plan and underlying Zoning Cade, making the
development suitable for conversion from an existing multiple family apartment complex to asingle-family
attached condominium development..
5. That the uses within the project are compatible and the scale and mass of the existing
buildings are compatible with the scale, mass, bulk and orientation of existing buildings in the surrounding
area
6, That vehicular and pedestrian access are adequate and the size and shape of the site is
adequate for the conversion.
7. That the existing structures and other improvements are in compliance with the Uniform
Building Code and other applicable codes as adopted by the City of Anaheim.
8. That the proposed conversion would not create any new units or additional square footage
and therefore would not adversely affect the adjoining land uses and the growth and development of the area
in which it is proposed because the size and shape of the site for the project has been adequate for the full
development of the existing use in a manner not detrimental to the particular area.
9. 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 because the project already
exists with 304 dwelling units. No increase in the number of units is proposed.
10. That the granting of the conditional use permit under the conditions imposed, will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
11. That "' indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the sut?ject petition.
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CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon finding
that the declaration reflects the independent judgment of the lead agency and that it has considered the
Negative Declaration together with any comments received during the public review process and further
finding on the basis of the initial study and any comments received that there is no substantial evidence that........
the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
Prior to final building and zoning inspections or within a period of two (21 years. the following
conditions shall be complied 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 9, and as conditioned herein.
General Conditions:
2. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot
centers or tall shrubbery.
3. 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
(24j hours from the time of discovery.
4. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways,7ecesses 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.
5. 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.
6. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal
7. That this Conditional Use Permit is granted subject to the approval and recordation of Tentative Tract
Map No. 17175, now pending.
8. That any new backflow equipment shall be located above ground outside of the street setback area in
a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Existing large water system equipment shall be fully
screened from all public streets and alleys. Said information shall be shown on plans and approved by
Water Engineering and Cross Connection Control Inspector before submittal for building permits.
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9. That if this site does not already have a separate irrigation meter, a separate irrigation meter shall be
installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal
Code. Said information shall be shown on plans submitted for building permits.
10. That all existing water services and fire lines shall conform to current Water Services Standards
Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line.
11. That the Home Owners Association (HOA) shall have the responsibility to maintain the building
exteriors and use of the property for residential development. All common facilities such as recreational
areas, parking areas., community buildings and landscaping, as well as the general appearance of the
premises and buildings, shall be adequately and professionally maintained.
12. 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..
13. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
July 9, 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
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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 July 9 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
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City of Anaheim
I~LAIV[~dING I~EPAIZTNIE[V'T
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting
of July 9, 2007.
10a. CEQA NEGATIVE DECLARATION
10b. CONDITIONAL USE PERMIT NO. 2007-05213
10c. TENTATIVE TRACT MAP NO. 17175
Owner: The Vineyards Apartments. LLC
4901 Birch Street
Newport Beach, CA 92660
Agent: Ron Cole
4901 Birch Street
Newport Beach, CA 92660
Location: 5601 .East Orangethoroe Avenue,
Conditional Use Permit No. 2007-05213 -Request to permit the conversion of an
existing 304-unit apartment complex to an attached airspace residential
condominium planned unit development complex with modification to standards
and waiver of setbacks between buildings,
Tentative Tract Map No. 17175 - To establish a 1 lot, 304 unit airspace .
attached residential condominium subdivision.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
establish a 1 lot, 304 unit airspace attached residential condominium subdivision. and
does hereby approve the Negative Declaration.
Commissioher XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim. Planning Commission does hereby determine that the
proposed tentative map, including its design and improvements, is consistent with the
Anaheim General Plan, and does therefore approve Tentative Tract Map No. 17175, to
permit the conversion of an existing 304-unit apartment complex to establish a 1 lot, 304
unit airspace attached residential condominium subdivision subject to the following
conditions:
That the legal property owner must comply with tenant notification requirements of
Section 66427.1, 66451.3(b) and 66452.3 of the Subdivision Map Act.
www.anaheim.nel
2. That final detailed elevation plans and colors and materials shall be submitted to the
Planning Department for review and approval. Plans shall reflect detailed fagade
treatments including architectural embellishments on blank walls, and a new balcony
and porch design.
3. That the final map shall be submitted to and approved by the City of Anaheim and the
Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder (Subdivision Map Act, Section 66499.40).
200 Soulh Anaheim Boulevard
P.0. box 3222
Anaheim, California 92803
TEL (714)765-5139
4. That The legal property owner shall execute a Subdivision Agreement, in a form
approved by the City Attorney, to complete the required public improvements at the
legal property owner's expense. Said agreement shall be submitted to the Public
Works Department, Subdivision Section approved by the City Attorney and City
Engineer and then recorded concurrently with the final map.
5. The westerly most driveway along Orangethorpe Avenue shall be removed and the
legal property owner shall construct curb and gutter in conformance with Public Works
Standard Detail No. 120. The legal property owner shall also consWct sidewalk and
public parkway landscape improvements in conformance to Public Works standard
detail no. 110-A. The property owner shall submit plans to the Department of Public
Works, Development Services Division for review and approval and then obtain a
Right of Way Construction Permit. The improvements shall be constructed prior to
final map approval
6. That final landscape and hardscape plans shall be submitted to the Planning
Department for review and approval. The landscape plan shall incorporate layered
landscaping within the street setbacks along Orangethorpe Avenue and Imperial
Terrance Lane. A minimum of 24-inch box sized trees shall be planted in the front
setback areas along Orangethorpe Avenue and Imperial Terrance Lane in
accordance with Zoning Code standards. Said information shall be specifically
shown on the plans.
7. That prior to approval of the final map, a maintenance covenant, shall be submitted to
the Subdivision Section and approved by the City Attorney's office. The covenant
shall include provisions for maintenance of private facilities, including compliance with
approved Water Quality Management Plan, and a maintenance exhibit. The covenant
shall be recorded concurrently with the final map:
8. 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.
9. That timing for compliance with conditions of approval maybe amended by the
Planning Director upon a showing of goad cause provided (i) equivalent timing is
established that satisfies the original intent and purpose of the condition(s), (ii) the
modificatipn complies wiW the Anaheim Municipal Code and (iii) the applicant has
demonstrated sign cant progress toward establishment of the use or approved
development.
TTM17175_Excerpt