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PC 2007/08/20a l e is~i~t n a Council Chamber, City Hall 200 South Anaheim Boulevard, Anaheim, California • Chairman: Kelly Buffa • Chairman Pro-Tempore: Joseph Karaki • Commissioners: Peter Agarwal, Gail Eastman, Stephen Faessel, Panky Romero, Pat Velasquez • Call To Order Preliminary Plan Review 1:00 P.AA. Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the August 20, 2007 agenda For record keeping purposes, if you wish to make a statement regarding any item on the agenda, please complete a speaker card in advance and submit it to the secretary. • Recess To Public Hearing • Reconvene To Public Hearing 2:30 P.flA. • Pledge Of Allegiance • Public Comments ® Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e-mail address: planningcommission(o~anaheim.net H:ldots\clericallagendas\(082007).doc (08/20/07) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on khe motion unless members of the Planning Commission, staff or the.public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) (b) Location: 500 West Disney Way Request review and approval of a final site plan to construct a 400-unit time share within the Anaheim Garden walk project. 18. (a) CEQA CATEGORICAL EXEMPTION, CLASS 21 (b) CONDITIONAL USE PERMIT NO. CUP3277 (Tracking No. CUP2007-05251) Agent: City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 Location: 950-970 North Tustin Avenue Request to initiate the revocation or modification of Conditional Use Permit No. 3277 (to permit office uses in an existing industrial building with waiver of minimum distance between freestanding signs). Min 1C. Receiving and approving the Minutes from the Planning Commission Meeting of August 6, 2007, Planning Commission Meeting. (Motion) Project Planner: (dherrick®anaheim. net) Project Planner. (kwong2Qan aheim. net) H:\dots\clerical\agendas\(082007).doc (08120/07) Page 2 Agent: Chris Samuelian Morris Architects 2046 Armacost Avenue Los Angles, CA 90025 Public Hearing Items: 2a. CEQA NEGATIVE DECLARATION 2b. GENERAL PLAN AMENDMENT NO. 2007-00460 Request for continuance 2c. RECLASSIFICATION NO. 2006-00190 To September 5, 2007 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, June 25 and the July 9, 2007, Planning Commission Meetings. Project Planner. (kwong2@anaheim.net) General Plan Amendment Resolution No. Reclassification Resolution No. Conditional Use Permit Resolution No. H:\docs\clerical\agendas\(082007).doc (08/20/07) Page 3 3a. CEQA SUBSEQUENT EIR NO. 332 AND ADDENDUM {PREVIOUSLY-CERTIFIED) 3b. CONDITIONAL USE PERMIT N0.2007-05227 3c. FINAL SITE PLAN NO. 2007-00006 Owner: Lennar Platinum Triangle, LLC 25 Enterprise Aliso Viejo, CA 92656-2601 Agent: George Tellez Lennar Platinum Triangle 25 Enterprise Aliso Viejo, CA 92656 Location: 1404 East Katella Avenue: Property is approximately 3.7- acre and is within an approximate 41.4-acre property, generally located between Katella Avenue and Gene Autry Way, extending from State College Boulevard to just west of Betmor Lane, Conditional Use Permit No. 2007-05227 - To modify setback requirements to construct amixed-use project in Development Area C of the A-Town Metro project. Final Site Plan No. 2007-00006 -Requests review and approval of a final site plan fora 5-story, 166-unit, mixed use development, including 15,275 square feet of commercial uses in Development Area C of the A- Town Metro project. Continued from the July 23, 2007 Planning Commission Meeting. PmJect Fanner. (twhite@anaheim. nett Conditional Use Permit Resolution No. Final Site Plan Resolution No. H:\docs\clerical\agendas\(082007).doc (08I20/p7) Page 4 4a. CEQA EIR NO. 331 (PREVIOUSLY-CERTIFIED) 4b. FINAL SITE PLAN NO. 2007-00007 4c. DEVELOPMENT AREA PLAN FOR DEVELOPMENT AREA (MIS2007-00204) 4d. TENTATIVE TRACT MAP NO. 17102 4e. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003 Owner: Irvine Land Company 550 Newport Center Drive Newport Beach, CA 92660 Agent: John Sherwood Irvine Community Development Company 550 Newport Center Drive Newport Beach, CA 90660 Location: Property is approximately 291-acre portion of the Mountain Park Specific Plan located east and southeast of the southern terminus of Gypsum Canyon Road, and bordered on the north by the Riverside Freeway. Final Site Plan No. 2007-00007 -Review and approval of a final site plan for Development Area 5 of the Mountain Park Specific Plan. Development Area Plan for Development Area 5 (MIS2007-00204) -Review and approval of a Development Area Plan for Development Area 5 of the Mountain Park Specific Plan. Tentative Tract Map No. 17102 - To establish 153 single-family detached lots, 8 Large-Lots for a maximum of 617 single-family detached cluster units and 13 Large-Lots for a maximum of 825 single-family attached units, a public water reservoir, three private parks and associated streets and landscaping. Specimen Tree Removal Permit No. 2007-00003 -Review and approval of a specimen tree removal permit to remove 53 trees as part of the Mountain Park Master Specimen Tree Removal Permit. Project Planner. Continued from the July 23, 2007 Planning Commission Meeting. (skoenmQanaheim.net) H:\dots\clerical\agendas\(082007).doc (08/20/07) Page 5 5a. CEQA CATEGORICAL EXEMPTION -CLASS 3 5b. WAIVER OF CODE REQUIREMENT 50, CONDITIONAL USE PERMIT NO. 2007-D5201 Owner: Myoung Jin Lee and Jee Eun Lee 1248 Lenahan Street Fullerton, CA 92833 Agent: Myoung Jin Lee 1248 Lenahan Street Fullerton, CA 92833 Location: 1724 West Glenoaks Avenue: Property is approximately 0.4-acre, having a frontage of 125 feet on the south side of Glenoaks Avenue and is located 203 feet west of the centerline of Euclid Avenue. Request to permit a church in a commercial retail center with waiver of minimum number of required parking spaces. Projeot Planner (skoehm~anaheim. net) Conditional Use Permit Resolution No. 6a. CEQA MITIGATED NEGATIVE DECLARATION 6b. (PREVIOUSLY-APPROVED) 6c. CONDITIONAL USE PERMIT NO. 2004-04917 (TRACKING NO. CUP2007-05238) Owner: Front Porch 350 North Glenoaks Suite 1000 Burbank, CA 91502 Agent: Phil Schwartze PRS Group 31872 San Juan Creek Circle San Juan Capistrano, CA 92675 Location: 891 South Walnut Street: Property is approximately 7.7- acres and is located at the northwest corner of Ball Road and Walnut Street. Project Planner. Request to amend conditions of approval and exhibits to construct an (skoehmQanaheim.net) additional 5 units for a previously approved senior apartment complex. Conditional Use Permit Resolution No. H:\dots\clerical\agendas\(082007).doc (08/20/07) Page 6 7a. 7b. Owner: Servile High School 1922 West La Palma Avenue Anaheim. CA 92801-3544 Agent: Mark J. Paone Mark J. Paone AIA 58 Plaza Sqaure Orange, CA 92866 Location: 1952 West La Palma Avenue: Property is approximately 15.4-acres, having a frontage of 650 feet on the south side of La Palma Avenue and is located 515 feet west of the centerline of Onondaga Avenue. Request to amend the previously-approved conditional use permit to permit an additional modular unit for a private high school. Conditional Use Permit Resolution No. 8a. 8b. NO. Owner: Sidney E. Bickel 5585 Via Dicha #B Laguna Hills, CA 92653 Agent: Phillip Schwartze PRS Group 31872 San Juan Creek Circle San Juan Capistrano, CA 92675 Location: 633 South East Street: Property is approximately 1.9- acre, having a frontage of 240 feet on the west side of East Street and is located 182 feet north of the centerline of South Street. Requests reinstatement of this permit with the modification or deletion of a condition of approval pertaining to a time limitation to retain an automotive wholesale and retail auction facility and to amend the conditions of approval to delete a time limitation. Conditional Use Permit Resolution No. H:\d ocs\clerical\age n d as\(082007 ): doc Pmject Planner. (kwong2®anaheim. net) Pmject Planner. (kwong2Qa anaheim.net) (08/20107) Page 7 9a. CEQA CATEGORICAL EXEMPTION -CLASS 1 9b. CONDITIONAL USE PERMIT NO. 2006.05118 (TRACKING NO. CUP2007-05237) Owner: David 8 Frances Shek 3728 East Woodbine Road Orange, CA 92867 Agent: Phil Schwartze PRS Group 31872 San Juan Creek Circle San Juan Capistrano, CA 92675 Location: 1401 South Anaheim Boulevard: Property is approximately .9-acre, having a frontage of 173 feet on the west side of Anaheim Boulevard and is located 347 feet south of Winston Road. Request to amend a condition of approval to allow up tp 45 students for a previously-approved preschool: Conditional Use Permit Resolution No. 10a. CEQA CATEGORICAL EXEMPTION -CLASS 1 10b. CONDITIONAL USE PERMIT NO. 2007-05239 Owner: Chuck Wu 3460 Winchester Way Rowland Heights, CA 91748 Guthrie Family, iLC & R+D Guthrie 3185 Airway Avenue Suite E Costa Mesa, CA 92626 Agent: David Constant 5645 East La Palma Avenue #160 Anaheim., CA 92807 Location: 725 and 755 North Shepard Street: Property is approximately 0.89-acre, having a frontage of 192 feet on the north side of the Riverside Freeway and is located 907 feet south of the centerline of La Palma Avenue and 365 feet west of the centerline of Carpenter Avenue. Request to permit a personal training and fitness center. Conditional Use Permit Resolution No. H:\docs\clerica I\ag e n d as\(082007 ). d oc Pro%ect Planner: (ethienQanaheim,vet) Project Planner. (ethien®anaheim. net) (08/20107) Page 8 11a. CEpA NEGATIVE DECLARATION 11b. GENERAL PLAN AMENDMENT NO. 2007-00456 11c. RECLASSIFICATION NO. 2007-00200 11d. WAIVER OF CODE REQUIREMENT 11e. CONDITIONAL USE PERMIT N0.2007-05204 11f. TENTATIVE TRACT MAP NO. 17047 Agent: La Vue LLC 30622 La Vue Street Laguna Niguel, CA 92677 Location: 121 and 131 South Dale Avenue: Property is approximately 0.82-acre, having a frontage of 150 feet on the west side of Dale Avenue and is located 310 feet south of the centerline of Lincoln Avenue. General Plan Amendment No. 2007-00456 -Request to amend the land use element map of the General Plan redesignating the property from the Corridor Residential designation to the Low-Medium Density Residential designation. Reclassification No. 2007-00200 -Request reclassification of the subject property from the RM-4 (Multiple-Family Residential) zone to the RM-3 (Multiple-Family Residential) zone. Conditional Use Permit No. 2007-05204 -Request to construct a 14- unit attached single-family condominium planned unit development with modification of development standards and waiver of minimum setback between buildings. Tentative Tract Map No. 17047 -Request to establish a 1-lot, 14-unit airspace attached residential condominium subdivision. General Plan Amendment Resolution No. Reclassification Resolution No. Conditional Use Permit Resolution No. Request for continuance to September 5, 2007 Project Planner, (ethien@anaheim. net) Adjourn To Wednesday, September 5, 2007at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\(082007).doc (08120/07) Page 9 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.tn. August 16, 2007 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND U ~ ILDISPLAY KIOSK SIGNED: ~ C-~--- 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 Tete hone S stem at 714-765-5139. H:\docs\clerical\agendas\(082007).doc (08/20/07) Page 10 SCHEDULE 2007 September 5 (Wed) September 17 October 1 October 15 October 29 November 14 (Wed) November 26 December 10 December 24 (Cancelled) H:\dots\clerical\agendas\(082007).doc (08/20107) Page 11 Item No. 1F t1 CENNYS -NP]64~ rvwa lwua RESTAII L11P ]16 ANANEIM : 6M PW SP 923 i (1621 VM 12n ~ ) IWAIIIM INN 5° 62-t RLL 666)611311 PC160.6S112 6P 63-3 N4668iEt IPilI VPA ]636 RCL54Si£i CUP)55 CVP41) VAR 2695 CMp S]4 WP]66 VPR ]]5 CM ]Z PAMAGAM1WNG4TE VAR 216)s vra 26id s OISNEYW/D EP 82.2 VAR]WO PARKING RCLfi6b>Lt(66) VM 2665 LUP 306 F 92A 6d)d1121) UP ID64 WJ06GPEO SP 92-1 UP 32116 F~EMEM RCL 66Fi-81(1601 h ICM1ICV t~rnv SP 93.1 PCL6b5]L1(f091 LI1P 666 V 1155 ~ V-i]] DISNEruND Q W cup ass -1 O m K sp ez-t p R46s-6151 mfi m RLL C~UPi91f 1 a. OISnEYINBI Q 1812 t-1 8b1007 b55 G46 6P 921 6466614 wP3M wPn PNAHEW P BZS S41F11RE CIFNIEflS RCL 66Sib111N PA S6b/.11 Pays i'Eia11~ p YNYR/ MI HIESIHiES 1AVENUE KATELLA AVENUE a X023 RL1666i6i1s31 RCL666Id1148) LUPy66 41P159 rnilf EP 823 ~5i5".siP 61 grexa r^.?.T3 Ad ral1 oe M h~dg 6 ~ sP 92-1 ~ vAR x3x66 ~exa VAR2]]O6 ~ vpRxt ~ l f g Sa LUP Hifi / VAC4ti R4666i61116) VM 1189 EW ft] y qTi P4665Idf (81I ~~-1 CL416W ~\ fiP 82 / VIM t6& 6 e xf~i ouEiRES y~g~ M]9~68 CUP 1681 NPIf / \ lABY6 M0IGfl LOCL£ NLiEL r~rz 0161£YLANG EMPLOYEE PPRRING PARKR /// \\\ 'P m-3 SP 82-2 r/v ~ RE6TAlIRANT 9P 92-1 p1 ~eF811110611 R4E64id11M1 Rd 6687-01 1108) ,tl CUP2130 RCL 82-03]8 CUPG59 SP B2-2 CUP 2661 RCL68G7aAe (IO) n~n6en 10Rf0FMO INNBbVRES Final Site Plan No. 2007-00009 Requested By: CHRIS SAMUELIAN 500 West Disney Way iassi P P[l[aT D I1M1 GIP]6N n dr l~dl SP 93-1' E~e1it- [ x PCL 636)fi112)1 84664}112 NCL Sfifi)di NP)55 6P 63-0 PARK ING LOT CIN Sid R^i>-]6fi0 CW ]2 R4664id111C( VAR 36i6s GIP2336 OLNEYLAND VAR.L109 PMKING VpAi]6 9A.. MD. FIRM -< 3 LANOSGAPEO SP 92-1 EP 02-t EA6EMENT RCL 665P611ID8) RCL M 1 ~ Z SOIrtPEPN [41FfiPNIAE-19 tl1 [O.EM1SEMEIIi LU P 1869 r Subject Property Date: August 20, 2007 Scale: Graphic Q.S. No. 87 ~~'~'~C~314~~?V'~' l~itD. i ~~R~~1~`3:~d.I~ ~~RL lfoeuvfirorr~ f3Bsneylft9ay ~fiew fr®s~t i4atella ,4venua City of Anaheim 1~L,1~NIVVING ®Et<'~i,~'TMEIV'I' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 20, 2007. 1A.(a) (b) Location; 500 West Disnev Way www.anaheimnel Request review and approval of a final site plan to construct a 400-unit time share within the Anaheim Gardenwalk project. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to construct a 400-unit time share within the Anaheim Gardenwalk project and does hereby determine that the previously-approved Mitigated Negative Declaration and Second Addendum to the Pointe Anaheim Initial Study are adequate environmental documentation for this request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the request to construct a 400-unit time share within the Anaheim Gardenwalk project and has determined that the Final Site Plan is in conformance with the Specific Plan and Conditional Use Permit No. 4078 requirements. FSP2007.00009_Excerpt 200 South Anaheim Boulevard P0. Box 3222 Anaheim, California 92803 TEL (714) 765-5139 Agent: Chris Samuelian Morris Architects 2046 Armacost Avenue Los Angeles, CA 90025 s ~ ®p T ORANGE COUNTY WATER DISTRICT Conditional Use Permit No. 3277 TRACKING NO. 2007-05251 Requested By: CITY OF ANAHEIM PLANNING DEPARTMENT 950 - 970 North Tustin Avenue 0 i a ®o ®_ i 91 Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 150 10364 Alpha (NO ent Pro ®®Are~ . a Redevelop m ,~ m 0 ® F SP 94-1 RCL fi5-66-24 (Res of Intent to ML) RCL 65-66-13 CUP 2169 T-CUP 2D03-04675 CUP 4020 WARNER SPREADING BAST N (O.C.W.D.) T \RCL 65-66-13 a City of Anaheim I~LANNIIVG DE~AR'fMENT' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 20, 2007. 16.(a) CEQA CATEGORICAL EXEMPTION. CLASS 21 (b) CONDITIONAL USE PERMIT NO. CUP3277 (Tracking No. CUP2007-05251) Agent: City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, CA 92805 Location: 950-970 North Tustin Avenue www.anaheim net Request to initiate the revocation or modification of Conditional Use Permit No. 3277 (to permit office uses in an existing industrial building with waiver of minimum distance between freestanding signs). ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has determined that this project is Categorically Exempt under Class 21 (Enforcement Actions by Regulatory Agencies) from the requirement to prepare further environmentatdocumentation. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby initiate the modification or revocation of Conditional Use Permit No. 3277 because the permit is being exercised contrary to the terms of the original approval. Excerpt CUP2007-05251 200 South Anaheim Boulevard P.0. Box 3222 Anaheim, Calilornia 92803 TEL (714) 765-5139 Attachment - R&R 1-B MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: July 10, 2007 TO: PLANNING DEPARTMENT FROM: MAYO SALAZAR, CODE ENFORCEMENT OFFICER #1019 SUBJECT: REQUEST FOR MODIFICATION OR REVOCATION OF CONDTI'IONAL USE PERMIT #3277 PROPERTY LOCATED AT 950-970 NORTH TUSTIN AVENUE, PROPERTY OWNER BARRY LEE KONIER: On November 28, 2006, Code Enforcement staff received a request for service concerning the unpermitted free standing electrical boazd sign, unpermitted businesses located. at rear of ProPertS'• On November 28, 2006, Code Enforcement Officer Mazk Ilagan #1000 went to the location to inspect the property. Mazk observed the free standing electrical' board sign visible from the 91 FWY eastbound & westbound traffic advertising off-site businesses. He also observed several businesses located at the reaz of building 950 on the north side of property. Recreation Resales Inc. (jet ski /quad rentals, sales & service.) Black Diamond Detailing (auto detailing), Unknown business (airbrush painting business). He also observed an unpemutted addition to a monument sign in front of property facing Tustin Ave:, unpermitted mounted sign and a banner affixed to the south property block wall facing the Orange County Water Channel (photo's attached). On December 5, 2006, Mazk Ilagan's reseazch indicates that the free standing electrical boazd sign permits had expired and was not finalized. The above mentioned businesses were never approved by Planning & Zoning. Mazk llagan issued a Courtesy Notice to property owner Barry Lee Konier advising him of the violations of the Anaheim Municipal Code existing on his property and gave him five days to corrector abate the violations. On December 13, 2006, Mazk Ilagan left Mr. Konier a telephone message at 714-771-6664 to discuss the conditions of his property. On December 14, 2006, Mark Ilagan left Mr. Konier a second telephone message at 714-771- 6664 to discuss the conditions on his property. On December 15, 2006, Mr. Konier telephoned Mazk Ilagan and advised him that he will obtain all required permits on December 18, 2006. On December 19, 2006, Mark Ragan researched for building permits thru City of Anaheim Building Division records for 950-970 N. Tustin Ave. and found no valid building pemuts have ' been finalized for the electric reader board sign. Civil Notice of violations was sent to property owner Barry Lee Konier via US Mail and Fax to 714-771-6685 advising him of the violations of the Anaheim Municipal Code existing on his property and gave him until December 28, 2006 to corrector abate them. On December 21, 2006, The Civil Notice returned marked "undeliverable". On December 22, 2006, Mr. Konier visited City of Anaheim Planner Kim Wong in Planning and Zoning Division to obtain the required Building Permits for the electric reader board sign as requested by Mazk Ilagan's notices, no permits obtained.. On December 27, 2006, Mr. Konier supplied to Planning and Zoning Division a sign permit. Reseazch by staff indicates that the final permit was supplied by Mr. Konier for a meter amperage increase and not for the electric reader board sign. On January 23, 2007, Mazk Ilagan mailed a Civil Citation to property Barry Lee Konier via US Mail and Fax to 714-771-6685 advising him of the violations of the Anaheim Municipal Code existing on .his property .and gave him until February 18, 2007 to correct or abate them (A meeting was also held with management regazding businesses on property). On January 29, 2007, I inspected all units at 950 & 970 N. Tustin Ave. for business licenses. See business list for 950 & 970 N. Tustin Ave. (attached) On January 30, 2007, Code Enforcement Officers Mayo Salazar, Mark Ragan, Don Yourstone, Roger Bennion and Assistant Planner. Kimberly Wong meet with property owner Barry Lee Konier regarding the free standing electrical board sign, Conditional Use Permit violations, and Anaheim Municipal Code violations for unpermitted signs, Banners, and outside storage. Mr. Konier stated he would talk to the tenants regazding the outstanding A.M.C. violations. He also stated he will notify his attorney regazding the electric reader board sign and have him handle it with the city. On February 5, 2007, Kimberly Wong forwazded a memo to Mayo Salazar & Roger Bennion listing all code violations and corrective actions (copy attached). On March 6, 2007, I reinspected the property and observed the addition to the front monument sign has been removed, also observed the two attached signs to the south side block wall facing the Orange County Water Channel had been removed (photo's attached). All other Anaheim Municipal Code violations still exist on the property. On June I5, 2007, I reinspected the property and observed the free standing electrical boazd sign visible from the 91 FWY eastbound & westbound traffic advertising businesses still in operation. I observed several businesses located at the reaz of building 950 on the north side of property. Recreation Resales Inc. (jet ski /quad rentals, sales & service.) Black Diamond Detailing (auto detailing). I also observed outside storage of jet skies, trailers, construction equipment and other vehicles. On July 10, 2007, I reinspected the property and observed the free standing electrical board sign visible from the 91 FWY eastbound & westbound traffic advertising businesses still in operation. I observed several businesses located at the rear of building 950 on the north side of property. Recreation Resales Inc. {jet ski /quad rentals, sates & service.) Black Diamond Detailing (auto detailing). I also observed outside storage of jet skies, trailers, construction equipment and other vehicles. Due to Barry Lee Konier's refusal to comply or abate the above listed Anaheim Municipal Code violations and the violation of the Conditional Use Permit # 3277 which only permits the following 22 proposed office uses. 1. Accounting -bookkeeping, certified public accountant forms or temporary CPA firms 2. Advertising 3. Appraisers 4. Banks 5. Brokers -real estate, business opportunities, etc. 6. Business systems companies 7. Communication consultants 8. Computer analysis firms 9. Credit reporting agencies 10. Designers -industrial, interior, graphic 11. Development companies 12. Facility maintenance and planning 13. Insurance companies or agencies 14. Inventory services 15. leasing companies 16. Management consultants or companies 17. Marketing research 18. Personnel agencies 19. Quality control analysis 20. Sales offices (which serve the industrial area as specified by Code Section 18.61 A50.145) 21. Secretarial or business services 22. Any use permitted under Zoning Code Section 18.61.020 "Permitted Primary Uses and Structures", and subject to all conditions of said section. Staff requests that property owner Mr. Konier and Conditional Use Permit # 3277 for 950-970 N Tustin Ave., Anaheim, CA 92806 be brought back before Planning Commission for modification or possible revocation. Attachment - RJR 1-6 PARCHL 2: THAT PORTION OF LOT 3 OP HRCTION 3, TONNHIIIP 4 HOUTfi MNGH 9 NHHT. HAN HORNARDINO lIHRIDIAN, A0000.DING TO TIIB OFFICIAL PLAT FILGD 1N TIIH UIHTRICT LANG OFFICB, APR1L I3, 1H'/5, ANU THAT PORTION CUY 3271 PARCHL SS THAT PORTION OF PARCpRpL 2 AS OHLINOATHU AND SIIADDU ON INP A7TACIU390801NHDOOKU97 6i.~NPApfi~100N 0.9CORDHD AUGUST 29. OPPICIAL RHCpRDS. DIlSCR IDBD AS POLLONSt DBCINNING AT Tlifi /IOST NORTII6RLY CORNOR pP PARCHL 2, RBL[NQUISNAIfiNT OP 1116IINAY RIGHT-OP-MAY. RDAO 07-OR A-1-9.4. RROUQST Nn. DOS. AS SIIOMN ON A OOCUIUINT RHCORDHU AUGUST 39, 1969 IN tlOUR 9700. PAGE 1 OP OPPICIAL RRC0RD5. HtlC0RU5 OP SAIU OIIANGC COUNTY; -2- LUP 1277 OF LOT d OP SHLTION d, TONNSNIP 1 SDU7H. RANCH 9 N3ST. SAN BHRNARDiN- NSRIDIAN. 1N TNfi CITY OP ANANHIN. COUNTY OP ORANCO. STATtl OF CALIFORNIA. ACCORDING TO SAID OPFICIAI. PLAT. DfiSCRIBLD AS FOLLCNS; NI1gItgA1. eha Clty Planning Commimslon did hold a public hunting upon said application at the City Nall .x the City of Anaheim notleom of vhdch public honring ware duiy @ivan na raqulrab by laM and the pxoYlalons of Title 1g, Chapter 18.83 vE the Anaheim Hnnicipal Code; end U~tgReAS.aaid Cvamisslon after duo inspection, tnvesti@mtion andatudies aade by ~tsalE and in !ta bahalF and after due conaidarotf oa of all ev ldenca and rapprta oEFe red aC said hoarine d!d adumt Its Raselution No. PC-132 {ranting, Sn part, Coadl ClonvlUaa 1`ormlt Ho. 3277{ vnd.. WHHRBAS, thereafter, within the ttmv preatrtbad by loo, an in [area tad pparty or thv GS ty Council, on ita aun motion causod tho review aE aaid Planning Commission action at a buly. notlcod pnb llc hnering; and U116RBA5, et tho time and place Fixed For sa id public hoarinq, tho Clty Council did duly hold end conduct ouch booing and did givo all poraons lntoroacod Lhoraln an vpDOrcunSty to ba heard and did wcalvc evidence mud rvporta; and gHHRgAS, tho Cf cy Ccunctl finds, after coroFUi conmf- deratlon of the racaamnndaef una of the Clty Plannln{ Cthntssion anJ nil ev ldancoand raportsvEFOrad yac aaid hoorlhg, use po rml tTia euthorlc d byi thorAnnholm /lunlcipalitodo,eondltf vnal 2. Tho propoaod uao viii not advonaly aEEecctho adlolning land usoa and Cho grouch mud dovalopment of cho at•ae In uh cit It tm proposed to bo lvcatvd. - S. Thv mfae and ahmpv of the alto propaeodEo>• tho use fa adoqua to to allow the Eull davolopmont of cho propasod use In o monnor net datrlmontal to the pnrelculer Bran nor to tho ponce, hoof th, se Foty mtd gonaral volparo. _1- CUP 1277 1. Thai trnsh stornga arena ahe31 6e provided and nnlntalned Sn a location acceptable to the Straot Wlntettanco end - Snnltation Division and Sn accordanea w![h approved pl nna an Eila vlth. said Division. 2. Thnt Dntoa shall not beinstallad aerosa the drivewayy !n a manner which may adraraaly affect vahleular traffic in cha ad)acent public atraet(a). Instal lotion aE any gates shall conform to Dnginoering Standard Plan Na. 102 and shall be aublaet to the raviaa and approval of the City TraFFic 6mg near.. 3. That plans shnllbe aubmlttad to theCity TraEElc bllglnaer for his roviov and npprovnl ahoaing conformance vith gnglnearlpg Standard Plan Nos. 136 and 602 partalnlrtg to Barking atsndnrds. 9ub)oct property shall thereupon be aveloped and mointaina Sa conformance vlth aafd plena. /. That the lagnl boner(s) of aub)ect property ahnll axocuee sad record as unsubordlnated covenant Rn a form approved by the Clty Attorney's OFEica wheroln ouch ovner(a) agree not to contest the Focmntlon of any essabament district(s) uhi<h mmy hereof tar be Eormsd for Cho ppurFFOSe of Financing the undargrounding of uttlitloa, and uhichdia trltt(s) could include. such legal property oaner'a property. 5. That any to<kabla pedaa trlan end/ar vehicular sccasa gates shall ba equippped vlth "knox hex" dovitaa as roquirod by the C1 ty PSre Uapattmont. 6. That thepropoaad oEElca uaas aholl bo lfml cad to the Following l3s tad uaea and thnt nn uneuhardlnated covenant, revleaod end approved by the C1 ty Attorney's OFFfca, ao-llmt Clog maid uaos shall be raeordod In the OEflco of Cho Ornnggo County gocordor, a copy of ahleh shall than bo presantod to the Zoning Dirlelen: (1)ACtaunting - bookkaoping eortlEiod public aeeounennt forma or temporary CPA Parma (2) Advortl slog (3) APPrnlaers (4) Osnka (S1 Brokers - real oa to te, buslnoss epportunf tlos,otc. (BI Bus lnaaa syatom eompnnlas l7) Communles elan consul cants (e) Compute) .nnlyysls Elrma (p) Credit reperting egonclas t10) Oes lggnera - industrial, lntarlor, gtephf< ill) Oovolopaent tompenfam (32) Paclllty malntsnanco sndplanning ill) Inaursnca Companies or egonUos (Id) Inrentaty 9OtYltea (1 a) Looaing <ompanlaa (16) Mnnagomont consul tents or tampon lea -3- CIIP 3277 ~._. i 7116 PORfiG0IN0 R9504UT10N !a approvod and ndopteJ by the City Councll aE thn clty of Anaholm thin 23at day of Aueuat~ 1990. ATTU57: JLK:kh 39841 090790 .7. WI' 3277 SYAYB OP CALIFOpIiIA ) COUNIY 08 OPANUB ) nn. CIYY OP A)WIBIN ) I, 180NOM N. 80N4, Olry Cloxh o[ the Clry of Amfinlo, do hsraby mttrfy shot tho fongal~ 0.ew1utlrn No. 900..]26 va Sntmdaed and ndopad nt m sagulnr motrns provldnd by Iml, a[ eha Olry Ceumll of eha OLty o[ Anshele held am ' the 21aC dqy of August, 1990, by ebe folleving wts of thv mambexv Nasnof: i AY69: COUNCIL tl8118888: 6hrlp, Plakla eM ilwtet NO84: COVNCIL X9N08&1; Osly, kayvoad AB3BNI: COUNCIL 1®1880.9; Nam AND 1 FU0.YH8R certify shot the tlnyor a[ rho Clty of Amhalm nigned said 0.eaolutron Nu. 90A-]26 on the 13th doy a[ 8aptambex, 1990. IN 431N898 VNBA89F, 1 have hexowto evt ~ bend and a[fited Cho aesl P[ Che Clty aP Nmhnlm this 1]th dny of Haptembee, 1990. CIYY OL6NK OF 1116 CIYY OP ANAIIBIN (HEAL) Item No. 2 r a u EAc RS-2 1D EACH PASO ROBLES DR RS-2 1 U EACH = w¢ T(MHP) rn w RCL 82-83-26 RS-2 ~ p CUP 1150 1 DU EACH ~ CUP 557 CUP 60 CUP 42 MOBILE HOME PARK OLINDA LN w ¢ R 2 AREA A 1 DU F1~C = Z RS-2 N O ~ - ' RCL 2006-00190 ~ ~ U CUP 2006-05175 p = _ TTM 17139 RS-2 ~- ry O ~ GPA 2007-00460 i DU EA H ~~^ 1DU p LINDACITA LN "- .._.,,. ~.. .,, ~ ~ p{ ~ ~ AREA B ~ RCL 90.9140 ~ -.n T(MHP) ~ T-CUP 2903-04998 cuP 2ooz-04s,9 ~s s S-2 w2 1 DU EAC r RCL 2006-00190 '~ - ~ ~ ^ _ cuP ise, P ~jP 35 v ~ RCL 62-83-28 ~~ ~ 9 RCL 61 uP CUP 2006-05175 ~' ~ oa. ego a ° T-CUP 20 ~ 139 ~ ~ ' °669 1° t PUP zoo r CUP 200 DU -. tL CUP RS 3 ~ "'~.. • GD' ~' "~ 6L CUP CUP RCL fi7-66A4 RCL 65-66-98 GF ~ h ~~"-~ O~ RCL 73-74-36 CUP (Res. of Intent to RS-7200) CUP 2002-04516 CUP ~ 1 U CH T-CUP 2003-04698 CUP F CUP 3677 CUP ~ CUP 3591 CUP Z W CUP 2473 MED CAL c .3Q °O CUP 1717 ~ v ~ ~ CUP 1656 m ~~~ N WESTANAHEIM 7 T v j O MEDICAL CENTER aL 1 Du _ v-115 1 DU o Rc zoos-ao ez c.c cu 2ao6-a 130 RCL 7raea, CUP 257. CUP 1954 Z OU VAR 3027 PHYSICAL THE Y ORANGE AVENUE ~ r ~ yJ RCU1- t General Plan Amendment No. 2007-00460 (Area A) „ c ~! AREAA Dale: August 20, 2007 w Reclasslficalion No. 2006-00190 (Area A, Area B) - v Sale: 1 Inch equals 200 tee! Conditional Uee'Permll No. 2006-05175 (Area A, Area B) .y ;~ S No 9 O • . . r AREA B Tentative Tract Map No. 17139 (Area A, Area B) -~--'~~~- Requested By: NATALIE IRAN OUYEN IRAN 3100 West Lindacita Lane, 237 South Beach Boulevard 1oz9o 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280: www.anaheim.net ITEM N0.2 PLANNING COMMISSION AGENDA REPORT City of Anaheim __. PLANNING DEPARTMENT DATE: AUGUST 20, 2007 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT' N0.2007-00460, RECLASSIFICATION NO.2006-00190, WAIVER OF CODE REQUIREMENT, CONDITIONAL USE PERNIIT NO.2006-05175, TENTATIVE TRACT MAP NO. 17139 LOCATION: 3100 West Lindacita Lane (Portion A) and 237 South Beach Boulevard (Portion B). APPLICANT/PROPERTY OWNER: Mertco/Natalie and Quyen Tran. QUEST: The applicant requests approval to construct ten (10) single-family residences: RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, continue this item to the September 5, 2007, Planning Commission meeting. BACKGROUND: These properties are 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 Density Residential land'uses, propenies to the west are designated for Low Density Residential land uses; and properties to the east and south aze designated for Office-Low and Water land uses. This item was continued from the July 9, 2007, Planning Commission meeting for the applicant to revise the plans to address the concerns expressed at the public hearing. Mertco, the applicant, has requested a continuance of this item to the September 5, 2007, Coimisson meeting in order to re-advertise the project for an additional waiver created from the redesign to only provide one house on Portion A. Respectfully submitted, oncurred by, Ac t~rincipal Planner Planning Di>•ector Item No. 3 I (PTMU) I (PTMU) CL RCL 2004-00129 RCL 2004-00129 ¢ I (PTMU) RCL 99-00-15 O RCL 99-00.15 RCL 66-67-14 RCL 99-D0.15 F RCL 55-56-19 ---RCL 66-67-14aRCL-54-55-42 RCL 54-55-42 RCL 54-55.42 ~ IND. FIRMS - Df 1 RCL 55-56-19 RCL 55-56-19 p ST RcL ss-m-ts CUP 2185 VAR 3775 RCL ~-6149 CUP 1971 DAG 20D5-0DOp3 RCL 55.56-19 VAR 4304 DAG 2005-00002 RcL x-ss-az VAR 3146 S I (PTMU) cuaeii DAG 2005-0p007 DAG 2005-00001 RCL 99-00.15 RESTALLRPIlT FSP 2005-00006 FSP 2004-00007 RCL'66-67-14 UNDER UNDER RCL 55-56-19 CONSTR. CONSTR. RCL 54.55-42 CUP 1427 Platinum Triangle Mixed Use Over/ay Zone BANK v® . e® m® o® o® o m®® o® o KATELLAAVENUE PlaGnumJnangle Mixed Use Overlay Zoned -, .; '' x 6 ,, Rci ~w out9 .,. t g { eyT y ,. RCL m-EC-15 `~ RCL ~-6144 '' ~ ..,~ _.....-._.-_,-}r-.:.--._. , ~i' xs~~ ~{~ r t~ o RCUP 1652 I ` I(PTMU) CUP 1587 ~~ -~ ~ r.~r '~ 1 „ vna icie RCL 2005-W164~ s ' ' RCL 2004-00129 ADJ 2003-00236 "' a,h>~'3~' RCL 20 05 001 64 ,_-> ''r, o ,. .c, ~" < ~ (RCL 7oaw4) RCL 99-00 15 .% r .; RCL 99-00.15 DAG 67 01 ~ '•'{ ~ ~, h ~" . `¢ (>;UP 2POG-E5117) RCL 88fi7 t4 `"~~ '"""~, RCL 87-88-14 FSP 2007.00006 ''r` air%' !I ~ tcuP trozl RCL 56-57.93 ,~,~~.~~. mow. RCL 66-67-14 FSP 2006-00005 s~~' "~-"-"'~'~" G"`"~ «..?k,-.-r~ ~ NAR tmo s) CUP 575 '~ r '' , ~"~~' `~ RCL 58-57-93 "~1"~ r ,,cj{O=`~` ~ `~ `' (RCL 70.71-34 ~ ax' (RCL 70-71.34) „~"3-~ p1~ ~2,c,/~~Z" ~ ~ ~, ~' I ~ CUP 2007-05227 1r*~' (CUP 2006-05117) " ~' r ~ " `~ (CUP 2706-05117) ~~,~ t,~r <s~ ..„ •" ~¢~ I(PiMU) .~ > ~. s+r ,~,, CUP 2006-05116 (CUP 1664 .~y ~~~.,...-F y >~: -ca. m RcL anw ootz9 ( UNDER) $^~~`-~'~~"~s~`` CUP 2002-04544 (CUP 1065 ~~/.~ "''~~ ~ {" ~,N I RCL ®m t5 `"~7-~'f~ r~'~ ~, CUP 2946 (CUP 616) ~~~ ~~ ~ ~''~ Rcur~4a1 s CONSTR ,~ ~<r,,,~,.~,: ch CUP 2134 UNDER ( ti '~ '.~'~'~ ~ u~`e1 1"~3 `~~ Ji CUP 1878 CONSTR ~ ~~~"' . ,~`~ -"~,~~`.~ (rtcvOlta4~ r`~ a r" 3 ,~ ,~' e~"'~'~"'g ~ `r'" t x~ i. ~ ~ ~NAR~mazo sj 1, ~ CUP 1842 ~ ~ r ~ ,c ~ > ~ ~ h 1(Pf MU) RCL 964-0019 / RCL 9-m-15 / / r '~~~ RCL OM 129 RCL Sfi-51-93 RCL99.00-15 CUP a47 s RCL 87.88-14 (RCL To-~ta4) (Ras. o/ Int. m 9E) (CUP zOm-ast n) RCL 99-00-15 I RCL S6b7.93 NAR twos) CUP2002-01620 I (PTMU) CUP2002-MSM RCL 3D04-00129 W I I CUP 3487 (CUP 1065) CUP 2946 (CUP 616) Aoa zoos-a923s uNOeR OAG 67-01 W C STR. d' I ((CUP01065)4) Z ~ (cuP~o618117) g ~r~l W i i CONSR CUP 2003-04718 ~ m j v N ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE. Conditional Use Permit No. 2007-05227 1 ~- .~u Subject Property Fnal Site Plan No. 2007-00006 Date: August 20, 2007 Scale: 1" = 200' Requested By: LENNAR PLATINUM TRIANGLE, LLC Q.S. No. 108 1404 East Katella Avenue -Development Area C 1o3za ~: Conditional Use Permit No. 2007-05227 Final Site Plan No. 2007-00006 Requested By: LENNAR PLATINUM TRIANGLE, LLC 1404 East Katella Avenue -Development Area C Subject Properly Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 108 10324 ITEM N0.3 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suile #162 Anaheim, CA 92005 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 20, 2007 FROM: PLANNINGDIRECTOR 3UBJECTe CONDITIONAL USE PERMIT NO. 2007-05227 AND FINAL SITE PLAN N0. 2007-00006 LOCATION: The property is identified as 1404 East Katella Avenue (A-Town Metro, Development Area C). APPLICANT/PROPERTY OWNER: Lennaz: REQUEST: The applicant requests approval of a conditional use permit to modify: 'minimum setbacks and a final site plan to construct a mixed use development with 166 residential condominium units and 15,247 squaze feet of commercial uses. RECOMMENDATION: Staff recommends that the Commission take the following. actions: (a) By motion, determine that previously-certified SEIR No. 332 and its Addendum aze adequate to serve as the required. environmental documentation for this project. (b) By resolution, approve Conditional Use Permit No. 2007-05227. (c) Bysesolution, approve Final Site Plan No:2007-00006. BACKGROUND: On November 8, 2005, the City Council approved Development Agreement No. 2005-00008 for the Lennaz A-Town Metro. project in The Platinum Triangle with up to 2,681 residences with a mix of housing types, including high rise residential towers, street townhomes, podium townhomes and lofts,.229,800. square feet of commercial area and public pazk space. The Development Agreement included a Master Site Plan identifying the general location of development areas and. required the approval of Final .Site Plans for individual buildings prior to issuance of building permits:. The Final Site Plans required to be considered by the Planning Commission at a public hearing.: The 3.7-acre Development Area C is one of fifteen development areas within the 41.4 acre A-Town Metro project and is currently vacant with rough grading: currently underway. CONDITIONAL USE PERMIT NO. 2007-05227 AND FINAL SITE PLAN NO. 2007-00006 August 20, 2007 Page2of3 The property is zoned Industrial, Platinum Triangle Mixed Use (PTMU) Overlay and is located in the Katella District: The General Plan designates this property for Mixed Use land uses: PROPOSAL: The applicant proposes to construct a 4 to 5-story; mixed useproject with 166 condominium units and 15,247 squaze feetof nerghborhood~serving'.retail in two podium: style buildings above a subterranean pazking structure. The project includes various outdoor recreation areas with amenities including a pool, spa, outdoor fireplace; barbeques; water features and fountains, and apedestrran "mew" or alley that bifurcates the project and acts as asemi-public pedestrian connection between the proposed Crescent Pazk located to the southeast of the project and future Development Areas west. of the project. Please seethe attached Project Summary table for further information: ANALYSIS: Conditional Use Permit, Building and landscape setbacks meef code requirements with the exception of the following modifications: Adjacent to: Required Permitted Type of Proposed Setback Encroachments Encroachment Encroachment Into the Setback Area Union Street 10 feet Ground Floor Ground floor 7 feet Residential and Commerciale Commercial: 3 feet Upper-story 5 feet Residential Patio: 7 feet Ground Floor 7 feet, 8 inches Patio - Market Street ' l0 feet `Ground Floor Residential'' 8 feet Commerciale 4 feet Balcon Triad Street " l O feet ' Residential" Residential ' 7 feet Balcony: 3 feet Balcony Patio: 7 feeE Ground Floor Up to 10 feet. Patio Granville 10 feet' Residential'` Residential: Up to 5 feet, 4 Street. Balcony: 3 feet 'Balcony inches. CONDITIONAL USE PERMIT N0. 2007-05227 AND FINAL SITE PLAN NO. 2007-00006 August 2Q, 2007 Page 2 of 2 The requested setback modifications are primarily the result of the unique curvilineaz nature of the property along Union Street and the unique size and shape of the lot. Modifications to the setback requirements are consistent with the urban development standards established for this project and will not be detrimental to the design or function of the proposed buildings. Final Site Plan: Staff has reviewed the final site plan for conformance with the Platinum Triangle Master Land Use Plan and PTMU Overlay Zone_ The final site plan has also been reviewed by the City's azchitectural peer review consultant who provided feedback that staff has incorporated into the project where appropriate. Staff believes that this project is consistent with the PTMLUP and PTMU Overlay zone. Therefore, staff recommends approval of this request. Respectfully submitted, Con,~c'urred by, ~~ Ac ing Principal Planner Planning Director Attachments• I. Project Summary 2. A-Town Metro Master Site Plan 3. Market Street Elevation 4. Granville Drive/Triad Street Intersection Elevation P>~~a~~•~ sUre'A>r~~- r- l~evelopnten$S$andar'd linB'opOSed>frojcc$ F°`1'Pa~ll9~yerlay:~oaoe - ~ ~tandaB ds ~ Site Area 3.74 Acres IlT;'A Number of Dwelling Units 166 SO Minimum Commercial 15,247 SF 1`?'.-~ General Plan Density 44 DL~'AC 100 DU'r1C ~ Lot Coverage 7090 75°iu Avg. Rec.!Leisure Area . er DU 230 SF/DLI 200 SF/DU Parlcing* Residential: 351 spaces Residential: 351 spaces (including 25 guest spaces) Commercial: 447 spaces Conunercal: 194 spaces Total: 79S spaces'` Total: 594 spaces Builduig Hei t 65 Feet 100 Feet Number of bedrooms 2 - 3 BR N/A Size of units 1,301 SF to 2,582 SF 2-BR -Min. E25 SF 3 BR-Min.1,000 SF Loading Plazas/Mo~dng Areas 4 (on-street) 3 based on 1 per 150 DUs Private Storage Areas Varies (100 SF Minimum) 100 SF Minimum DU/AC -Dwelling Units per Acre SF/DU -Square Feet per Dwelling Unit BR-Bedroom SF -Square Feet ~A parking analysis for A-Town Metro -Phase 1 (Development Areas A, B, C, D, E, F, and G), dated July 10, 2007, prepared by Walker Patking Consultants, was reviewed and approved by the City's Pazking Consultant for conformance with PTMU Overlay Zone parking standards. '~* The 253 surplus commercial parking spaces will sers~e as parking for future commercial uses in adjacent Development Areas B, D, and E. ~ -.- _ v s _- , ~ ~ ~ ~ ~ c:.emx~ a~ _~ uwu ~ c m n .. S B - .~ „m~, ~ A ° Nm._~ o=+.s:.Ta~ w ~ arc: ~ i ~vucr-mw .. l%~ ~ L Ma '~ a D d~ ~~~ ,~ m~ ~~, ~ J ~ ~ F i ~ 7 ~ ~ ~. . ~" ~ ~ mK:~R • i L ae> ~ ~ n~ a~ G H ~ ~ :. .. ,.~ .. ~ ~ ' _. _ __ ._ _ _ ~ . q.. ~ ~ ._ pffeM1NeraN A-"~"®va~n I~Yetro IVlastea- Site flan ~'Iarket Street Elevation _Y.~~; ]i.8814~IlYii tlT~ 19T~. Granville IDrive/3'riad street Intersection Elevation [D12AFT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION °--° -- THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05227 BE GRANTED (1404 EAST KATELLA AVENUE -DEVELOPMENT AREA C) WHEREAS, on November 8, 2005, the City Council approved Development Agreement No. 2005-00008 for the A-Town Metro project in The Platinum Triangle Mixed Use (PTMU) Overlay Zone in the City of Anaheim. WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim :Municipal Code, does provide for the modification of setback requirements in connection with a conditional use permit provided that minimum landscape requirements are met. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use .Permit to modify the minimum structural setbacks to construct a mixed use development, including 166 residential condominium units and 15,275 square feet of commercial uses for certain real property situated in the A-Town Metro project in The Platinum Triangle area of the City of Anaheim, County of Orange; State of California, described as: LOT 10 IN TRACT 16859, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 892 PAGES 1 THROUGH 10 INCLUSIVE OF MAPS, IN THE OFFICE pF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the: City of Anaheim on August 20, 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, in connection with Final Site Plan No. 2007-00006, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection; investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed modification of minimum structural setbacks to construct a mixed use development, including 166 residential condominium units and 15,275 square feet of commercial uses is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.090.050. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code would still achieve a project with architecturally enhanced elevations and layered landscaping, and 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 to allow the full development of the proposed use in a manner not detrimental to the particular area or to health .and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the prcposed project has been analyzed in a Traffic Impact Analysis dated June 2005, reviewed and approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project. Cr\PC2007--" -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: That the Anaheim Planning Commission has reviewed Conditional Use Permit No. 2007-05227 - to modify structural setbacks to construct a mixed use development, including 166 residential condominium units and 15,275 square feet of commercial uses; and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the Califomia Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and its Addendum, together with the Updated and Modified Mitigation Monitoring Program Nq. 106A and Mitigation Monitoring Plan No. 138(C), are adequate to serve as the required environmental documentation for this Conditional Use Permit and satisfy all. of the requirements of CEQA, and that no further environmental. documentation need be prepared for this Conditional Use Permit NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Prior to issuance of building permits the followina condition shalt be complied with• 1. That plans shall indicate compliance with the building setbacks identified in Exhibit Nos. 61 through 69 of Final Site Plan No. 2007-00006. General Conditions: 2. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Plan No. 138(C) as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 3. That this Conditional Use Permit Nd: 2007-05227 is granted expressly conditioned upon approval of Final Site Plan No. 2007-00006. 4. That subject property shall be developed substantially in accordance with Development Agreement No. 2005-00008, and as conditioned herein. 5. That this conditional use permit shall be valid for a period of time coinciding with the timing set forth in Development Agreement No. 2005-00008. 6. 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 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. _2_ PC201)7-_ 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 or prior to the issuance of building permits, 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 August 20, 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 August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- [DRAFT] RESOLUTION NO. PC2007--"" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION - -- THAT PETITION FOR FfNAL SITE PLAN NO. 2007-00006 BE GRANTED {1404 EAST KATELLA AVENUE -DEVELOPMENT AREA C) WHEREAS, on November 8, 2005, the City Council approved Development Agreement No. 2005-00008 for the A-Town Metro project in The Platinum Triangle Mixed Use (PTMU) Overlay Zone in the City of Anaheim. WHEREAS, Development Agreement No. 2005-00008 includes a Master Site Plan to implement the A-Town Metro project. WHEREAS, the PTMU Overlay Zone, Chapter 18.20 of the Anaheim Municipal Code, does provide for the approval of final site :plans for projects within a master site plan, at a duly noticed public hearing. WHEREAS, the Anaheim Planning Commission did receive a verified Petition for the review and approval of a final site plan fora 5-story, mixed-use development, including 166 residential condominium units and 15,275 square feet of commercial uses, for certain real property situated fn The Platinum Triangle area of the City of Anaheim, County of Orange, State of California, further described as Development Area C of the A-Town Metro project (1404 .East Katella Avenue), and more further described as: LOT 10 IN TRACT 16859, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 892 PAGES 1 THROUGH 10 INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 20, 2007 at 230 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, Ghapter 18.60 "Procedures", to hear and consider evidence for and against said final site plan in connection with Conditional Use Permit No. 2007-05227, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself :and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed final site plan to construct a 5-story, mixed use development, including 166 residential condominium units and 15,247 square feet of commercial uses is properly one for which a final site plan is authorized by Anaheim Municipal Code Section No. 18.20.170.0101. 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with proposed surrounding land uses and 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 to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. 4. That the approval of the final site plan under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. Cr1PC2007--"" -1- PC2007-" 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 Final Site Plan No. 2007-00006 for the review and approval of a final site plan for a 5-story, mixed-use development, including 166 residential condominium units and 15,247 square feet of commercial uses; and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study/Addendum conducted pursuant to CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that previously-certified FSEIR No. 332 and its Addendum, together with the Updated and Modified Mitigation Monitoring Program No. 106A and Mitigation Monitoring Plan No. 138(C), are adequate to serve as the required environmental documentation for this final site plan and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this final site plan. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for final site plan, 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: Prior to :issuance of buiiding permits, the following condition shall be complied with:. 1. That plans shall indicate compliance with Exhibit Nos. 1 through 69 of Final Site Plan No. 2007- 00006: General Conditions: 2. That the propertyowner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with attached Mitigation Monitoring Plan No. 138(C) as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures: 3. That this Final Site Plan No. 2007-00006 is granted expressly conditioned upon approval of Conditional Use Permit No: 2007-05227. 4. That subject property shall be developed substantially in accordance with Development Agreement No. 2005-00008, and as conditioned herein. 5. That this final site plan shall be valid for a period of time coinciding with the timing set forth in Development Agreement No. 2005-00008. 6. 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 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. 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 -2- PC2007- issuance of the final invoice or prior to the issuance of building permits, 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 Augusl 20, 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 August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of .2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- M ~ ~ O ~ Z Z m m E C ~~ :% °" E a; '~'~ ~ U c m ,_ y c o E ~- 'C U ~ U d d ~ 'o ° ~ a° Q N N ~ ~ ~ N X ~ .m C_ U ~ .~. 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N D p~ Y uj ~ m g N uTNN 5°'ymEo~ . o 0 2cyw N~c~y~ C ~ ~ ~ ~ T C O) _ U O~ O N _ ~ L C L 7 (nom U 1 N SUN O~, om ~'oNN ~ 3 O O J o m w IO c p J N O~:° E •C o N Z N N ~~' N C C N N N N C N ~- O) A C C f/1 N L~ N C .n N O N w N 7 C~ '> L O . c~~€ ~ N C ~ o ~ 3 ~~ m _~ v L C N y N aw N ~ i W~ F o - ~ a a i ~ C fO N o c~ ~-NOw m m . e e U U ~ f0 N C U N O. ~ d L O L ~ N !n l 0 Q' O U N d. O1 C C ? 01 E ~ `O ~= $ a C U d a10i N N O ~ Z _ ~ ~ Final Site Plan No. 2007-Op007 Tentative Tract Map No. 17102 Specimen Tree Removal No. 2007-00003 Miscellaneous Case No. 2007-00204 Requested By: IRVINE LAND COMPANY Southern terminus of Gypsum Canyon Road and bordered on the north by the Riverside Freeway (SR-91) k ~< Subject Property Date: August 20, 2007 Scale: 1"= 200' Q.S. No. 237, 238 243,244 tosao ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Final Site Plan No. 2007-00007 Tentative Tract Map No. 17102 Specimen Tree Removal No. 2007-00003 Miscellaneous Gase No. 2007-00204 Requested By: IRVINE LAND COMPANY Southern terminus of Gypsum Canyon Road and bordered on the north by the Riverside Freeway (SR-91) Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 237, 238 243, 244 70320 I'T'EM N0.4 PLANNING COMMISSION AGENIDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST.20,.2007 FROM: PLANNING DIRECTOR SUBJECT: FINAL SITE PLAN NO. 2007-00007 DEVELOPMENT AREA PLAN FOR DEV. AREA 5 TENTATIVE TRACT NO. 17102 SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003 LOCATION: East and southeast of the southern terminus of Gypsum Canyon Road, and bordered on the north by the Riverside Freeway (SR-91). APPLICANT/PROPERTY OWNER: John Sherwood/The Irvine Land Company REOUESTc The applicant requests approval of the following: (a) Final Site Plan No: 2007-00007 -Request for review and approval of a final sateplan for Development Area 5 bf the Mountain Park Specific Plan. (b) Development Area Plan for Development Area'S (Miscellaneous No[' 2006-001711= Request for review and approval bf a Development Area Plan for Development Area 5 of the Mountain Park Specific Plan: (c) Tentative Tract Man No. 17102 -Request to establish 153 single- family detached lots, 8 Large-Lots fora maximum'of 617 single- family detached cluster units and 13 Large-Lots fora maximum of 825 single-family attached"units, a public water reservoir, three private parks and associated Streets and landscaping. (e) Snecimen`Tree Removal Permit No; 2007-00003 Request for 4eview and approval of a specimen tree removal permit to remove S3 trees as part of the Mountain Park Master Specimen Tree ' Removal Permit. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5260 www.anaheim.nel I Final Site Plan 2007-00007 August 20, 2007 Page 2 ors RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion; approve Final Environmehtal hnpactNo. 331 (previously approved) as the required environmental determination. ' (b) By motion; approve Final Site Plan No. 2007-00007. (c) By, motion, approve Development Area Plan for Development Area 5 (MIS2007-00204). (d) By motion; approve Tentative Tract Map No 17102. (e) By motion, approve Specimen Tree Removal Permit No. 2007-00003 BACKGROUND: This property is currently vacant and is the site of an approximately 300-acre sand and gravel mining operation which was closed in January 2004 and is currently under reclamation. The property is' located within the Mountain Park Specific Plan No. 90-4, Scenic Corridor Overlay (SP90-4 (SC)). The General Plan designates this property and: properties to the west for Low-Medium Density Residential land uses, the properties to the east for Open Space ]and uses, and the properties to the south for Low-Medium Hillside: Density Residential land uses: The property to the north is the Riverside Freeway.(SR-91). ,' In 2005, the City Council approved Amendment No. 1 to the Mountain Pazk Specific Plan and certified Environmental Impact Report No: 331 to provide for the development of a residential community with up to 2,500 residential units. The City Council subsequently adopted ordinances to amend the Specific Plan Zone and establish revised zoning and development standazds as part of the Anaheim Municipal Code.° In 2006 and 2007, the City Council approved Amendment Nos. 2 and 3 to the MountainPark Specific Plan, respectively, in conjunction with the approval of multiple entitlement. requests to establish residential subdivisions within Development Areas 3; 4; 6, and 7 of the Mountain Park Specific Plan. PROPOSAL' The applicant is requesting a series of actions to establish 153 single-family detached lots, 8 Large-Lots for a maximum of 617 single-family detached cluster units and 13 Large-Lots for a maximum of 825 single-family attached units. A public water reservoir, three private parks and associated streets and landscaping for Development: Area 5 of the Mountain Park Specific Plan are also proposed: The Large-Lots are for conveyance purposes only: , ` The development areas of the Mountain Pazk Specific Plan are implemented through ` review by the Planning Commission prior to or concurrent with the approval of the residential tract maps. The site plans are to be consistent with the specific plan and zoning development standazds. The final site plan for DevelopmentArea 5 includes single-family detached lots and reference to the Large-Lots for subsequent builder Final Site Plan 2007-00007 August 20, 2007 Page 3 of 5 subdivisions. Once the applicant haS selected builders for these lots, the builders will"" submit tentative maps and final site plans for each of the Large-Lots which will include individual parcels. The finalsite plan identifies the. location of the units, setbacks, lot coverage,'and other code requirements. The site plan also indicates the zoning. designations, lotsizes and typical development standards as required by code including required setbacks, lot coverage and maximum height.=The requested final site plan complies with all of the code requirements for this specific plan...'. The applicant is also requesting to remove 53 specimen trees in Development Area 5, and replace the trees with a total of 5,087 trees from the City's Replacement Tree List and from the Mountain Park Specific Plan Tree List: The Mountain Park Specific Plan requires that trees are replaced at a 4 to 1 ratio from the City's Replacement Tree List; and at a 16 to T ratio from the Mountain Park Specific Plan Tree List for a total replacement ratio of 20 to 1, The removal of 53 trees would result in the need to plant 1,060 new trees. The applicant is proposing to plant an additional 4,027 trees beyond the required amount. The additional trees are necessary in order to evenly distribute replacement trees throughout al] of the development areas: All replacement trees will be planted'as specified in the Mountain Pazk Tree List and will be shown on Final Landscape Plans to be submitted with building permits consistent with the Specimen Tree Removal Permit. ANALYSIS: Staff received two letters, one from Robertson's Ready Mix, the adjacent property owner to the southeast of Development Area 5, and one from the attorney representing Robertson's, requesting certain conditions of approval on the tracf map. Robertson's is requesting that the map contain conditions of approval requiring7oad access and easements to theirproperty for ingress, egress, and utilities: Staff has reviewed the request against the proposal, specific plan, and GeneraTPlan. The tentative tract map requesf is consistent with the Mountain Park Specific Plan and the Anaheim General. Plan. The streets in Tentative Tract Map 17102 .are private, and staff can not identify a nexus to require the requested conditions of approval: Tfie submitted tentative tract map does indicate the ability to connect roads and utility easements to the Robertson's property from Development Area 5. Staff received a subsequent letter from Robertson's requesting a continuance of this item to allow continued discussions with The Irvine Company regarding these access and. easement issues. This project has been evaluated against applicable development standazds and is in compliance: This project will implement Development Area 5 as intended; therefore, staff is recommending approval of this project: Final Site Plan 2007-00007 August 20, 2007 Pagc4ofS Respectfully subrnitted, Concurred by, _ <t.- ~~ `\ ~'~v Adfing Principal Planner Planning Director Attachments• 1. -Project Summary PROJECT SUMMARY FINAL SITE PLAN NO. 2007-00007 MISCELLANEOUS PERMIT NO. 2007-00204 TENTATIVE TRACT NO. 17102 SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003 Development Proposed Project RMp_4 Zone Standards Standard Sin le Famil Lots 25-177 Lot Area 3,851 - 13,764 s ware feet 3,375 s uare feet Parking 4 s .aces er lot 4 s aces er lot Building Setback Front 15 ft to structure, 20 ft. to garage 15 ft to structure, 20 ft. to garage Side 5 ft. 5 ft. Rear 10 ft. minimum, 15 ft. averse 10 ft. minimum, 15 ft. average Lot Coverage 50% or less 50% Building Height 30 ft. 30 ft. City of Anaheim hLA1V[l11NG DEPACZI'MEIV'i' wrivtanaHCim nal Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 20, 2007. 4a. 4b. 4c. 4e. 4t. Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach, CA 92660 Agent: John Sherwood, Irvine Community Development Company, 550 Newport Center Drive, Newport Beach, CA 92660 Location: This approximately 291-acre property is located east and southeast of the southern terminus of Gypsum Canyon Road, and bordered on the north by the Riverside Freeway (SR-91). The property owner is the Irvine Land Company and the applicant is John Sherwood with The Irvine Community Development Company, Actions: Final Site Plan No. 2007-00007 -Request for review and approval of a final site plan for Development Area 5 of the Mountain Park Specific Plan. 2007-002041- Request for review and approval of a Development Area Plan for Development Area 5 of the Mountain Park Specific Plan. Tentative Tract Mao No. 17102 -Request to establish 153 single-family detached lots, 8 Large-Lots for a maximum of 617 single-family detached cluster units and 13 Large-Lots for a maximum of 825 single-family attached units, a public water reservoir, three private parks and associated streets and landscaping: Specimen Tree Removal Permit No. 2007-00003 -Request for review and approval of a specimen tree removal permit to remove 53 trees as part of the Mountain Park Master Specimen Tree Removal Permit. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project Actions, including Final Site Plan No. 2007-00007, and does hereby determine that based upon its independent review and consideration of the previously-certified FEIR No. 331 and the evidence received at the public hearing, that the previously certified EIR No. 331 is in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Project Actions and satisfy all the requirements of CEQA, and that no further environmental documentation need be prepared for the Project Actions. 208 South Anaheim Boulevard P0. Box 3222 Anaheim, California 9283 TEL Q14) 765-5139 Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Final Site Plari No.""' 2007-00007 for Development Area 5 of the Mountain Park Specific Plan based on the finding that Final Site Plan No. 2007-00007 is in conformance with the Mountain Park Specific Plan No. 90-4, subject to the following conditions: 1. That prior to the issuance of the first building permit for any single-family detached residential units in the RMP-4 Zone, the property owner/developer shall submit final building footprints, floor plans, roof plans, elevations and color renderings to the Planning Department for the review and approval by the Planning Commission as a Reports and. Recommendations item. Plans shall be prepared to the satisfaction of the Planning Department and in compliance with the Mountain Park Specific Plan, Residential Design Guidelines and Residential Architecture Guidelines. 2. That prior to the approval of any sObsequent builder tentative tract or parcel map for any lots in the RMP-5 zone (single family detached cluster residential) or RMP-6 (single-family attached cluster residential), the property owner/developer shall submit final site plans including building footprints, floor plans, roof plans, elevations and color renderings to the Planning Department for the review and approval of the Planning Commission at a duly noticed public hearing. Plans shall be prepared to the satisfaction of the Planning Department and in compliance with the Mountain Park Specific Plan, Residential Design Guidelines and Residential Architecture Guidelines. 3. That prior to the issuance of building permits, the property owner/developer shall submit plans to the Department of Public Works, Streets and Sanitations Division, indicating that each parcel shall have adequate storage space to accommodate curbside trash collection (minimum three (3) barrels per parcel), and further, that each parcel shall provide trash barrel access to and from the storage location to curbside. 4. That prior to issuance of building permits, the property ownerldeveloperyhall provide plans to the Department of Public Works, Streets and Sanitation Division, indicating that the width of all pedestrian access gates on lots within the tract map shall be wide enough to accommodate trash barrels. 5. 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 No. 3 (Final Site Plan) and as conditioned herein. FSP2007-00007_Excerpt City Of Anaheim [~L,AIVNI(VG ®EPAR'TMEIV'I' Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 20, 2007. 4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 331 (PREVIOUSLY CERTIFIED) 4b. FINAL SITE PLAN NO. 2007-00007 4c. DEVELOPMENT AREA PLAN FOR DEVELOPMENT AREA 5 SMIS2007-00204) 4e. TENTATIVE TRACT MAP NO. 17120 4f. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003 Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach, CA 92660 Agent: John Sherwood, Irvine Community Development Company, 550 Newport Center Drive, Newport Beach, CA 92660 Location: Multiple Properties: This approximately 291-acre property is located east and southeast of the southern terminus of Gypsum Canyon Road, and bordered on the north by the Riverside Freeway (SR-91). Actions: Final Site Plan No. 2007-00007 -Request for review and approval of a final site plan for Development Area 5 of the Mountain Park Specific Plan. .Development Area Plan for Development Area 5 (Miscellaneous No. 2007-002041- Request for review and approval of a Development Area Plan for Development Area 5 of the Mountain Park Specific Plan. Tentative Tract Mao No. 17102 -Request to establish 153 single-family detached lots, 8 Large-Lots for a maximum of 617 single-family detached cluster units and 13 Large-Lots for a maximum of 825 single-family attached units, a public water reservoir, three private parks and associated streets and landscaping. Soecimen Tree Removal Permit No. 2007-00003 -Request for review and approval of a specimen tree removal permit to remove 53 trees as part of the Mountain Park Master Specimen Tree Removal Permit. ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project Actions, and does hereby determine that based upon its independent review and consideration of the previously-certified FEIR No. 331 and the evidence received at the public hearing, that the previously certified EIR No. 331 is in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Project Actions and satisfy all the requirements of CEQA, and that no further environmental documentation need be prepared for the Project Actions. 200 Soulh Anaheim Boulevard P.0. Box 3222 Anaheim. Calilornia 92803 rnnxananeimnet TEL (7141765-5139 Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the Development' Area Plan for Development Area 5 of the Mountain Park Specific Plan (MIS2007-00204) based on the finding that the Development Area Plan is consistent with the Specific-Plan, including Chapter 18.112 of the Anaheim Municipal Code, and subject to the following condition of approval 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 No. 4 (Development Area Plan for Development Area 5). MIS2007-00204_Excerp[ City of Anaheim I~LANI~IING I)EI~AIdTMEIV'T Following is ah excerpt from the minutes of the Anaheim Planning Commission meeting of August 20, 2007: 4a. 4b. 4c. jMIS2007-00204) 4e. TENTATIVE TRACT MAP NO. 17120 4f. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003 Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach, CA 92660 Agent: John Sherwood, Irvine Community Development Company, 550 Newport Center Drive, Newport Beach, CA 92660 Location: This approximately 291-acre property is located east and southeast of the southern terminus of Gypsum Canyon Road, and bordered on the north by the Riverside Freeway (SR-91): Actions: Final Site Plan No: 2007-00007 -Request for review and approval of a final site plan for Development Area 5 of the Mountain Park Specific Plan, Development Area Plan for Development Area 5 (Miscellaneous No. 2007-00204) -Request for review and approval of a Development Area Plan for Development Area 5 of the Mountain Park Specific Plan. Tentative Tract Map No. 17102 -Request to establish 153 single- family detached lots, 8 Large-Lots for a maximum of 617 single- family detached cluster units and 13 Large-Lots for a maximum of 825 single-family attached units, a public water reservoir, three private parks and associated streets and landscaping. Specimen Tree Removal Permit No. 2007-00003 -Request for review and approval of a specimen tree removal permit to remove 53 trees as part of the Mountain Park Master Specimen Tree Removal Permit. ACTION: Commissioner XXX offered a motion; seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project Actions, and does hereby determine that based upon its independent review and consideration of the previously-certified FEIR No. 331 and the evidence received at the public hearing, that the previously certified EIR No. 331 is in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Project Actions and satisfy all the requirements of CEQA, and that no further environmental documentation need be prepared fpr the Project Actions. 280 South Anaheim Boulevard P.C. Box 3222 Anaheim. Calllornia 92883 viv+ei anaheunnal TEL (714) 755-5139' Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Tentative Tract Map No. 17102, to establish 153 single-family detached lots, 8 Large-Lots for a maximum of 617 single-family detached cluster units and 13 Large-Lots for a maximum of 825 single- family attached units, a public water reservoir, three private parks and associated streets and landscaping within Development Area 5 of the Mountain Park Specific Plan based on the finding that pursuant to Government Code Section 66473.5 (a) the proposed tentative tract map including the design and improvement of the proposed subdivision, is consistent with the General Plan and the Mountain Park Specific Plan No. 90-4, and (b) the site is physically suitable for the proposed type and density of iievelopment and therefore would not cause public health problems or environmental damage, subject to the following conditions: 1. That the Final Map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder. 2. That prior to the approval of the final tract map, the property owner/developer shall submit a design and maintenance plan to the Department of Public Works for review and approval for the proposed public naturalized drainage course and water quality basin (or an equivalent City-approved treatment control BMP). The design and maintenance shall be prepared to the satisfaction of the Department of Public Works and shalt address the ownership of the proposed water quality basin (or equivalent City-approved treatment control BMP), responsible parties for the on- going maintenance, and any proposed cost sharing mechanisms acceptable to the Department of Public Works between the property ownerldevelop and/or Homeowners Association and the City of Anaheim. 3. That prior to approval of the final tract map, the property ownerldeveloper shall demonstrate compliance with Conditions Nos. 4b,10, 19, 20, 22, 23, 25, 26, 27, 28, 39, 45, 46, 50, 53, 54, 56, 62 and 63 of the Mountain Park Specific Plan No. 90-4, as set forth in Ordinance No. 5993: 4. That the property ownerldeveloper shall be held responsible for compliance with the mitigation measures and for implementation of the project design features and standard conditions identified in Mitigation Monitoring Program No. 137 in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property ownerldeveloper shall be responsible for any direct costs associated with the monitoring and reporting required to ensure implementation of those mitigation measures, project design features and: standard conditions identified in Mitigation Monitoring Program No. 137: 5. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and 5 through 11 and as conditioned herein. 6. That extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 7. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim 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. 8. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved structure. TTM17102_Excerpt City of Anaheim I~LAIVNING ®EI'ARTM~',l~'T Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 20, 2007. 4a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 331 (PREVIOUSLY CERTIFIED) 4b. FINAL SITE PLAN NO. 2007-00007 4c. pEVELOPMENT AREA PLAN FOR DEVELOPMENT AREA 5 {MIS2007-00204) 4e. TENTATIVE TRACT MAP NO. 17102 4f. SPECIMEN TREE REMOVAL PERMIT NO. 2007-00003 Owner: Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach, CA 92660 Agent: John Sherwood, Irvine Community Development Company, 550 Newport Center Drive, Newport Beach, CA 92660 Location: This approximately 291-acre property is located east and southeast of the southern terminus of Gypsum Canyon Road, and bordered on the north by the Riverside Freeway (SR-91). Actions: Final Site Plan No. 2007-00007 -Request for review and approval of a final site plan for Development Area 5 of the Mountain Park Specific Plan. zuur-uuzu4f - rcequesr ror review anc approval or a ueveu Plan for Development Area 5 of the Mountain Park Specific Tentative Tract Mao No. 17102 -Request to establish 153 single-family detached Tots, 8 Large-Lots for a maximum of 617 single-family detached cluster units and 13 Large-Lots for a maximum of 825 single-family attached units, a public water reservoir, three private parks and associated streets and landscaping. Specimen Tree Removal Permit No. 2007-00003 -Request for review and approval of a specimen tree removal permit to remove 53 trees as part of the Mountain Park Master Specimen Tree Removal Permit ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission has reviewed the Project Actions, and does hereby determine that based upon its independent review and consideration of the previously-certified FEIR No. 331 and the evidence received at the public hearing, that the previously certified EIR No. 331 is in compliance with CEQA and the State and City CEQA Guidelines and are adequate to serve as the required environmental documentation for the Project Actions and satisfy all the requirements of CEQA, and that no further environmental documentation need be prepared for the Project Actions. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve Specimen Tree Removal Permit No. 2007-00003 to remove 53 trees as part of the Mountain Park Master 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, Callfurnia 92803 w,vw.anaheim.net I TEL (714) 765-5139 Specimen Tree Removal Permit Development Area 5 of the Mountain Park Specific Plan ................ based on the findings that (a) Specimen Tree Removal Permit No. 2007-00003 is in conformance with the Mountain Park Specific Plan No. 90-4, (b) that a reasonable and practical development of the property on which the trees are located requires destruction of the trees, (c) that the trees to be removed are located within the boundaries of the graded areas identified in Appendix C, Conceptual Grading Plan, of the Mountain Park Specific Plan, and (d) that trees shall be replaced in accordance with Code Section 18.112.070.040, and subject to the following condition: 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.12 and 13 (Impacted Specimen Tree Plan and Tree Mitigation Plan). SPT 2007-00003_Excerpt Item No. 5 w a Y Q S i RS-2 I I ® - RCL S&57-6 ~ SMALL SHOP 9 3 DU EACH CATHERINE DRIVE /I" I R K CATALPA AVE GLENOAKS AVEN UE ~~~ ~ R""-0 ~ RCL 57-50.52 ~ r CUP 405 ® ®TOWNHOUSES ® ; q ~ RM-0 ® Q~ 7 5 ' Q 2 L- .50- RC45 2 I~TI'Ir~I ~~jl CUP 405 TOWNHOUSES tY C.J~I~W LL GREENLEAF AVE RM-0 O.C:FC.O. L4__11L J~~ 33-52 4 l5 GG ~N-E(-S'~--~--~ ~ l.-t.1JJJ JJ U t 1467 VAR 3387 RCL 56-59AB Conditional Use Permit No. 2007-05201 ~ ( RCL 96-5'751 v: SMALL SHOPa" GG RLL 63-fi4-13 RGL 59-60.22 VAR 1695 SMALL SHOPS LL CUP alas ',UGPd9 LLP3)29 800695133 LUP 3193 VAR 3b9 nac VAR 1019 I 1 9" ~~ VAR N20 CHIROPRACTOR 1 RM] ftGl S]-5a-3T VAR t91< PPTS sou CATALPA DRIVE RLL 5859-10E x~ va Z ~ s m RM-0 R t9 .9 $ SR-59-10 GG RCL 53-54 ~ RCL S&59-104 °Om V-1381 c RcLS3-sa-z7 ~,Nm C CUP 2629 1j~an CUP 1426 ua O REST. &' > ~ GG RM-0 ~ RCL 53-54-2 RCL B&90410 ~ CUP 3267 RCL 53-54-27 ~ VAR 4109 B ~ RIMEIJT 6 99 Lu RCL 5354-27 II T-0 018 r 00P 3900 Fr' CUP 3728 RCL 69-fi0-B CUP 1820 RGL 5354-27 ORNE THRU REST. RCL 63-fi4-31 CUP 3709 RCL 59-60-06 VAR IB4BS lR L 3 02 OH) OFFICES HC 5 5 7 GG RCL fib-B6-23 RCL RCL 53-54-2 RCL AOJ 0067 AO gG 5g~.~1 RI:LLSJ-YV-L7 AA10967 GG RCL 57-5852 I' CUP 1487 SMALL SHOPS I ~~ 203' -bl GG I CUP 3576 1 a~52D1 CUP 754 zje AOJ waz 1 GG RCL 2002-00062 RCL 60.61.07 (Res. of Int. to CO) RCL 57-5652 T-CUP 2002.09632 CUP 2002-04568 CUP 3637 CUP 2762 CUP 2761 CUP 421 CUP 365 SMALL SHOPS Requested By: MYOUNG JIN LEE AND JEE EUN LEE 1724 West Glenoaks Avenue GG RCL 54-556 RCL 53-54.27 CUP 3930 CUP 3033 CUP 3723 CUP 3763 CUP 3566 CUP 3756 VAR 1356 vAR lzez PCN 2001-00007 PCN 2002.00006 ANAHEIM PLAZA pl V (NORTH)) f h=' " Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 45 ~o3ae ua[e or Kenai rno[o: July 2005 Conditional Use Permit No. 2007-05201 Requested By: MYOUNG JIN LEE AND JEE EUN LEE 1724 West Glenoaks Avenue SuhjecY Properly Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 45 19346 ITEM N®, 5 PLANNING C®MMISSI®N AGENDA REP®RT 200 S. Anaheim Blvd. Suite#162 Anaheim, CA 92805 Teti (714) 765-5139 Fax: (714)765-5280 www.anafieim:ne[ City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 20, 2007 FROM: PLANNING DIRECTOR SUBJECTc CONDITIONAL USE PERMIT NO: 2007-05201 LOCATION: ' 1724 West Glenoaks Avenue. APPLYCANT/PROPERTY OWNER: Myoung Jin Lee REQUEST: The applicant requests approval to permit a church in a retail center with waiver of minimum number ofpazking spaces. RECOMMENDATION• Staff recommends that the Commission take the following actions: (a) By motion,' approve a Categorical Exemption, Class 1. (b) By resolution, approve Conditional Use Permit No. 2007-05201. BACKGROUND: This property is cunrently developed with a commercial retail center and is zoned General Commercial (C-G). The General Plan designates this property and properties to the north, east and south for Corridor Residential land uses'and theproperty to the west for Medium Density Residential land uses. PROPOSAL: .The applicant proposes a 1,159 square foot church within a commercial retail center The retail center consists of four units, three of which aze used by the County of Orange. Department of Education for a tutoring facility. The fourth unit is a photo studio. The church would occupy the photo studio unit which is currently operated by the applicant, The applicant is not proposing to construct additional square footage.. The applicant has indicated that the church has 15 congregants and that church activities will only occur on Sundays, from 9 a.m. to 4 p.m. ANALYSIS: This property was developed when zoning code standazds were different. The site in its current condition appears :aged and could be improved. Because the land use on the site would be intensified, staff is recommending that the applicant make improvements to the property to bring it into greater conformance with Code requirements. Specifically, staff CONDITIONAL USE PERMIT NO. 2007-05201 August 20, 2007 : Page2of2 recommends that the applicant provide additional landscaping for the parking lot and - work with the Public Works, Streets and Sanitation Division to construct a trash enclosure at a suitable location. The applicant is proposing a waiver of pazking requirements in conjunctidn with this request. A study was prepared by the City's independent traffic and parking consulkant based on parking counts taken for the tutoring facility on the property. The study used. the city's, codesequirements for churches, since the proposed church does not have a previous site from which to take counts. The pazking demand for the County facility. ..based on the analysis is 18 spaces Monday through Friday only, with no operation on the weekends. The church requires 17 spaces per Code requirements and will only operate on Sundays. Because the uses will operate on separate days, the parking provided would be adequate if the uses continue to operate aYseparate times. Since the parking lot provides 21 spaces, the City's independent traffic and parking consultant, acting on behalf of the City, has determined that the number`of parking spaces provided would be adequate to support the two uses. A condition of approval has been added to ensure that the church and the adjacenttutoring facility do not operate at the same timer The proposed church is compatible with the adjacent commercial and attached single- familyusesand provides adequate parking to serve its congregation; therefore, staff recommends anoroval of the project. Respectfully submitted, Concurred by, i ~ ~ t ~~C~ l~` ~ ~1lL~iL~, Y r~t/Y~~C/~ ~LGd~-~ ;' Acting Principal Planner Planning Director Attachments• 1: Project Summary 2. Letter of Operation P$®.iECT SLJIdIIVIAIBY Conditional ilea Permit No. 2007-09201 iDevelo meat Standard Pro osed ~ro'eet C-G Sta®dards Site Area 0.4 acre N/A Pazkm 21 s aces* 35 s aces Landscaping Front 3 feet to 15 feet* 10 ft. Side 8 feet* None Reaz None* None Building Setback Front 58 feet* 10 ft. Side None* None Reaz 20 feet* None Floor Area Ratio 0.32 N/A Buildin Hei t 20 feet 20 ft. * Bxisting setbacks, [DRAFT] RESOLUTION NO. PC2007--"* A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05201 BE GRANTED (1724 WEST GLENOAKS 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: LEGAL DESCRIPTION TO BE INSERTED Y WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 20, 2007, at 2:30 p.m., notice of said .public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due .inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: L That the proposed use, to permit a church within a commercial retail center, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Community and Religious Assembly) with waiver of the following provision:. (a) SECTION NO. 18.42.040.010 Minimum number of oarkino soaces. 35 required; 21 proposed). 2. That the waiver pertaining to parking, under the conditions imposed will not cause fewer off- street parking spaces to be provided for such use than the number of such spaces necessary because the existing office use and the proposed church will have non-coincidental hours and days of operation. 3. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposal because adequate parking will be provided on the property.. 4. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed uses because adequate parking and circulation is provided. 5. That the proposed church, 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 church will provide adequate parking for it's uses. 6. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety, 7. That granting of this conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 8. That "' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subjectpetition. Cr\PC2007- -1- PC2007- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commisslon 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 a trash storage area shall be provided and maintained in a location acceptable to the Public Works Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways.. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum one-gallon size clinging vines planted on maximum three-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 2. That final landscape plans shall be submitted to the Planning Services Division for review and approval. Said plans shall show minimum four (4) foot wide square (excluding curb) landscaped areas at the front end of every five (5) parking spaces and that one tree shall be provided in each planter. Groundcover shall be planted and maintained within landscape setbacks: The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a "Reports and Recommendation" item. Such information shall be specifically shown on the plans submitted for building permits. Landscaping plans shall be subject to the approval by the Community Development Director. Prior to final building and zoning tnsoections the following conditions shall be complied with: 3. That an Emergency Listing Card, Form APD-281 shall be completed and submitted in a completed form to the Anaheim Police Department. 4. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. General Conditions: 5. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this conditional use permit to termination or modification pursuant to the provisions of Chapter 18.60 Procedures of the Anaheim Municipal Code. 6. That the hours of operation shall be limited to 9 a.m. to 4 p.m. on Sundays only. Any request to modify the hours of operation must be submitted to the Planning Department as a request for modification of conditions of approval 7. That all trash generated from this commercial retail center shall be properly contained in trash bins located within approved trash enclosures. The number of bins shall be adequate and the trash pick-up _2_ PC2007- shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick- up shall be paid by the business owner. 8. 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. 9. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 10. 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. 11. That approval of this application constitutes approval of the proposed :request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should .any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any.court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 20, 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 -3- 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 fpregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 20, 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- Attachment -Item Y~o. 5 C~°~a~i~n Korean Ghurc[h Parking t~sdy 1724 W. Glenoaks Anaheim, Califiornia Prepared for: Prepared by: i~a~~ ~ [, ~ssadai:eso 6~actr. May, 2007 CUk~ N0. 2001 ° 0 5 2 0 1 Yable of Contents Sect6on Page I. Introduction 1 2. Project Location 1 Figure 2.1 Location Map 1 3. Slte Description 2 A. Proposed Site 2 Figure 3.1 Site Layout 2 4. Parking Requirements per Municipal Code 3 5. Methodology 3 6. Analysis 3 7. Conclusions 3 8. Recommendations 4 9. Findings 4 Appendix A Parking Counts 6 Appendix B Site Photos 8 a iq ssocia s, nc. Creallan Koraen Church 1. Introduction - The purpose of this parking study is to evaluate the parking demand for the proposed Creation Korean Church, which anticipates occupying a 1,159 square foot suite in an existing three-suite building. The address ofi the suite that the church is proposing to occupy is 1724 W. Glenoaks`. This suite was formerly occupied by Baby Photo. The remaining tvdo suites of the building are addressed as 1716 and 1720 W. Glenoaks, and are occupied by the County of Orange Department of Education office. The County offices are open Monday through Friday. The Creation Church intends to operate only on Sundays. 2. Project Location The site is located on the south side of Glenoaks between Euclid and Fairhaven. The nearest major cross street is La Palma Avenue and .Euclid Street. The site is approximately one mile south of the SR-91 freeway. Glenoaks is a two lane local street with parking allowed on both sides. The site has one driveway on Glenoaks and another driveway to a private alley that serves residential garages of a large apartment complex to the west of the site. This secondary site driveway to the private alley has been permanently closed with posts and chains (see Appendix B for site photos). The alley serving the residential garages is signed as private. A location map is provided below. Figure 2.1 'Location Btkap The curbside parking along Glenoaks is used primarily by the residents and guests of the adjacent apartment complex. a q woa. s, nc. ~ Creation Korean Church 3. Site Description A. Proposed Site The proposed site for the Creation Korean Church is located at 1724 W. Glenoaks Avenue. The parking lot is accessed via one driveway on Glenoaks Avenue. A former secondary driveway to a private alley has been closed. The building contains a iota) of 5,651 square feet. The portion being remodeled contains 504 square fleet of sanctuary, 396 square feet of office and 259 square feet of restrooms and ancillary space. The County of Orange Department of Education office occupies 4,492 square feet. They have approximately 8 employees. The parking lot for the entire site has 21 parking spaces., two of which are painted as belonging to the former Baby Photo. Figure 3.1 depicts the site layout. Figure 3.1 Slte Layout County of Orange Dept. ~~,~ , of Education Offices j ~ i emu, Hoatzm+ ''.~ ¢" Former Baby ~ ~. ~~"~,,,~~ ! ns9+'t Fhoto suite ~ ..~........1,........ ~_ .~ ....~ +r i. ,.'. Wnvnc s; ~~~' ~. T~ (~ '! h nrnw .arm ew ~~ Secondary @- driveway dosed 5~ ~ ~ti ~~ •~• • WVVwwr Titlkl PXfN a q some s, nc. p Creation Korean Churc ~O~Nd AKS AVENVE 4. Parking Requirements par the Municipal Code A Tabulakion of the Code-Required Parking for the site, per the City's Municipal Code is provided in Table 4.1; below. Table 4.1 Code Required Peeking TSF Land Use Parking rate Parking Re wired 4.492. Coun of Oran e Offices 4/TSF 18 0.504 Church Sanctus 29ffSF 15 0.396 Church office 4/TSF 2 0.259 Restrooms and ancilla s ace N!A 0 5.651 Total Buildin size Total Re wired 35 S aces rovided 21 S aces short 14 The County of Orange Department of Education requires 18 parking spaces, and the church requires 17 spaces, for a total of 35 spaces. The site provides 21 spaces, which is 14 spaces short of the code-required parking. 5. Methodology The code-required parking for the church (17 spaces from table 4.1, above) was used to determine parking demand for the church use, since the church does not have a previous site at which to take counts. Counts of the parkfng demand at the County offices were taken to determine the weekday parking demand for the County offices, and to verify that the weekday demand is within the 9 B spaces required by the City's code. Because the church will operate on Sundays between 9 AM and 4 PM, and the County offices operate Monday through Friday, the uses of the parking lot are non-coincident.. The church requires 17 spaces, which are available on Sunday. The county requires 18 spaces, which are available on weekdays. 6. Analysis The parking counts were taken by Southland Car Counters on Thursday April 27, 2007 between 9 AM and 7 PM and Sunday Aprii 29, 2007 between 9 AM and 4 PM, and are provided in Appendix A. The highest observed count was 15 occupied spaces on Thursday. This parking demand occurred at 11 AM, 1:30 PM and 2 PM. The County office has a parking demand less than the code requirement of 18 spaces on weekdays. Thera will be a surplus of six spaces in the existing parking lot, of which, three can be allocated or reserved for the Creation Korean Church to use on weekdays... 7. Conclusions Based on the .parking counts taken, the 21 space-parking lot is expected to be adequate for both the existing County offices and the proposed church uses, if the church sanctuary is not used on weekdays, and the County offices are not used on Sunday: The Creation Korean Church will be able to use a minimum of three parking spaces for administrative office staff and visitors during the week. a q soaa es, nc. g CresUOn Koteen Ctiurch 8. Recommendations The Creation Korean Ghurch should be conditioned to operate services in the sanctuary only on weekends, and allow weekday use of a church office with minimal staffing. The "lease ' agreement should be prepared to allow the Creation Korean Church use of all of the 21 parking spaces in 4he lot on weekends, and three spaces on weekdays. The closure of the secondary driveway creates a "dead-end" situation. The applicant should document that the closure of this driveway was done according to the City's standards, and with the approval of the City and the Fire Department. The closure of this driveway, if allowed to remain, should be shown on the plans. 9. Findings Finding Number .0101 That the variance, under the cdnditions Imposed, if any, will not cause fewer off-street parking spaces td be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such .use under the normal and reasonably foreseeable conditions of operation of such use. The Creation Korean Church will be able to provide adequate parking onsite for its uses, because the County Offices and the Creation Korean Church have non-coincidental hours and days of operation. Finding Number .0102 That the variance, under the cond/tions imposed, if any, will not Increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The Creation Korean Church will provide adequate peeking onsite for its uses. Curbside parking on Sundays on Glenoaks is primarily used by the residential development to the west of this site, and is not available for overflow from the Creation Korean Church. Finding Number .0103 That the variance, under the conditions imposed, if any, will not Increase the demand and competition for parking spaces upon adjacent private property in the Immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with subsection 18.42.050.03D (Non-Resfdenflal Uses- Exception). The Creation Korean Church uvlll provide adequate parking onsite. Overflow parking will not occur upon adjacent private properly. Finding Number .0104 That the variance, under the conditions Imposed, ff any, will not increase traffic congestion within the off-street parking areas or lots provided for the proposed use. The Creation Korean Church will provide sufficient parking orosite for Its uses. No congestion within 4he parking areas will occur. Finding Number .0105 That the variance, under the conditions imposed, if any, will not Impede vehicular ingress to or egress from adjacent properties upon the public streets in the Immediate vicinity of the proposed use. a q soc a s, nc. q Creation Korean Church The Creation Korean Church will provide sufficient parking That will ensure that parishioners" vehicles will not block Ingress/egress between adjacent properties and the public streets. Special notice should be provided to all parishioners and members of the Greation Korean Church not to use the alley tha4 is marked private, Immediately west of the site. q o e es, nc. g Creatlon Korean Church Appendix A Parking Counts a q soGa s, nc. g Craalion Korean Churc Project# 07-1121-001 Day: Thursday L.ocat[on: 1724 W. Glenoaks Ave. Date: 4/26/2007 City: Anaheim Appendix A Parking Counts Continued Projects 07-1121-OQ1 Day: Sunday Location: 1724 W. Glenoaks Ave. Date: 4!29/07 City: Anaheim a q oce s, nc. ~ CreatianKaraen Church Appendix i3 Site Photos View of the e is driveway Vlew of the ng can be seen. These photos were taken on a Sunday, when curbside park[ng along W. Glenoaks was observed to be nearly completely occupied befween Euclid and Fairhaven. iq soaa es; ne. g Creation ISeraen Chu suite proposed 4o be used by the Creation Korean Church e iq oaa s, no. 6 Creation Korean Church Item No. 6 CHATEAU AVE BEACON AVE 1 CUP ~ qg3 B~OCSUg~FP~CFPST BEPGON ~ ~ -~ ~ "rab~~ RM-0 ~ ~.:;.,-~ ,~.r'~i ,a S ~ ~" ~. `r i `~' ' - `~ ~' W ~ V E R P ~ „ a ,- ~ , ~~ s s - RCL 85-8615 e CUP 3135 -'~ ra ~ t~t"t ~ ~'~r" '~ ~ `~;g ~ '°S ems` 2~, r "~` ' 2' S~i( ~ NPMP ; . CUP 2857 - -+ ~ ~ CUP 2727 ~ ~§ '~~ '` rn ~ r J ~ =~~,i s CUP 1867 .~''"z-hxe~ vsv a ~ ,`~ h ~ ~ t CUP 2726 % '~ s" CUP 200 ,.~ 1 RM-4 t~ ~~ ~ 1 Z T ~ ~; RCL 65-66-15 ~~ SENIOR CITIZEN ' '` ' ' ~ F"K T-CUP 2007-05230 ~, ~ ~ yyy~,u, " APARTMENTS r CUP 2004-04921 ~r~~'~ T-CUP 2005-05061 "" ~" ~~~ 123 DU ` CUP 3164 . .-~~ CUP 2004-04917 ~~' ~.~ rs o ~ CUP 947 .x ~ ,~.~~ CUP 3135 ~~~~` ~ . 1 pU CHURCH ~~~ 'r r %~ ~ ~ C NS PNE '.~ UP 200 ~ v~- ~. ~,: ? ` " ..-,.~ ` CUP 1661 ~Mp ~ V /1 r_ ,*x . ~ a ..~,,.y :. ~~ ,~r~nir~?~~, GPA 204 ~'~ . ir" I i- WALNUT MANOR RETIRI COMMUNITY ...644' I BALL RDF W W W K W Q~ W LL Conditional Use Permit No. 2004-04917 TRACKING NO. CUP2007-05238 Requested By: FRONT PORCH 691 South Walnut Street 6P 92-2 RCL 66£7b4 (5) CUP 4062 CUP 2670 CUP 926 VAR 916 5 iERVICE STATIO SP 92-2 h RCL 66-fi7-61 (26) / \ HOLIDAY STATION \ / POST OFFICE SP92-i / `/ V\ 1o3as Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 64 COLONIAL AVE o: Conditional Use Permit No. 2004-04917 TRACKING NO. CUP2007-05238 Requested By: FRONT PORCH Subject Property Date: August 20, 2007 Scale: 1" = 200' O.S. No. 64 891 South Walnut Street 10345 ITEM N0. 6 200 S. Anaheim Blvd. State#162 Anaheim, CA 92805 Tel: (714) 765.5139 Fax: (714) 765-5280 www.anaheim.net PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 20 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT NO. 2004-04917 (TRACKING NOi CUP2007-05238) LOCATION: 891 South Walnut Street APPLICANT/PROPERTY OWNER: Front Porch -Walnut Manor REQUEST: The applicant requests modification to conditions of approval and exhibits to construct an additional five units for a`previously-approved senior apartment complex. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a CEQA Negative Declazation (previously-approved). (b) By resolution, approve the amendment to Conditional Use Permit No. 2004- 04917. BACKGROUND: This property is currently under demolition and reconstruction for the Walnut Manor Retirement Community: The property is zoned Multiple Family Residential (RM-4). The General Plan designates this property'and properties to the north, east and south for Low Density Residential land uses and the property to the west for Medium Density Residential land uses. The property was developed`with senior apartments, a skilled nursing facility and a chapel. A conditional use permit was approved in 2004 to demolish the existing senior apartments and establish a 151-unit senior citizen's apartment retirement community including independent living, assisted living, and the retention of an existing 99-bed skilled nursing facility and chapel: A retroactive time extension was granted. in 2006 to comply with conditions of approval. Demolition of the existing apartments began in 2006 and a building permit was issued in August 2007. PROPOSAL: The applicant is requesting a modification to the approved floor plans. The applicant would like to eliminate four, 2-bedroom unitsand six, 3-bedroom units, and add fifteen 1-bedroom units. The proposal would also include the removal of some exercise rooms CONDITIONAL USE PERMIT N0.2004-04917 August 20, 2007. and a reading room to accommodate the 1-bedroom units. The proposed modification to the floor plans would consist of tenant improvements only.. No additional square footage is proposed. ANALYSIS: The elimination of the 2-bedroom and 3-bedroom units and replacement with I-bedroom units is a reduction in the intensity of the use. Code requires more. parking for the multiple bedroom units than the single bedroom units. The change in unit types would result in a decrease in parking demand by 11 spaces. The proposal includes the removal of exercise and reading rooms. Although this will reduce the. amount of recreation and leisure space, the property as a whole will continue to provide more than twice the Code required amount of recreation and leisure area: Therefore,. staff recommends approval of the project, as conditioned in the attached draft resolution. Respectfully submitted, Concurred by, ~~~ Acting Principal Planner Planning Director Attachments: 1. Project Summary 2. Original Planning Commission Resolution PR®JEC1' SUINIIVIAR~' Conditional iJse Permik No. 2004-04917 I)evelo ueenk Standard Pro osed Pro'ect [last zoned Skandards Site Area 7.7 acres N/A Pazking 242 s aces * 419 s aces Landscaping Front Side (adjacent to 15-20 $.* 20 ft. Walnut Street) 5-10 ft.* 20 ft. Rear 7.5 ft.* 10 ft. Building Setback Front 15-20 ft.* 20 ft. Side 5-10 ft.* 20 ft. Reaz 7.5 ft.* 10 ft. Lot Coverage ' 45% 45% Buildin Hei t 34 to 50 ft. * 25 to 42.5 ft. * Approved waivers under CUP2004-04917. (®R,~F~ .RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION. AMENDING CONDITIONAL USE PERMIT NO. 2004-04917 AND CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2004-131, ADOPTED THEREWITH (TRACKING NO. CUP2007-05238). (891 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California; described as PARCEL A PARCEL 1 OF PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER FILED IN BOOK 225, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, on November 1, 2004, the Anaheim Planning Commission, by its Resolution No. PC2004-131 approved Conditional Use Permit No. 2004-04917 to establish a 151-unit senior citizen's apartment retirement community including independent living, assisted living, memory impairment and various recreation facilities for senior citizens and retain an existing 99-bed skilled nursing facility and chapel with waiver of minimum structural setback and landscape setback adjacent to a single family zone, minimum number of parking spaces, maximum fence height, .maximum structural height and minimum floor area per dwelling unit; and WHEREAS, on February 6, 2006, the Anaheim Planning Commission, by its Motion approved a request for a time extension to comply with conditions of approval for a previously approved 151- unitsenior citizen's apartment retirement community including independent living, assisted living, memory impairment and various recreation facilities for senior citizens and retain an existing 99-bed skilled nursing facility and chapel with waivers; and WHEREAS, said Resolution No. PC2004-131 includes the following condition of approval "43. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 30 as conditioned herein " WHEREAS, this property is currently developed with a 99-bed skilled nursing facility and chapel; that the facility is zoned Multiple-Family Residential (RM-4); and the Anaheim General Plan , designates this property for Low Density Residentiallahd uses; and WHEREAS, the applicant has requested amendment of this conditional use permit to amend exhibits to construct an additional five units for apreviously-approved senior apartment complex, pursuant to Code Section 18.06.030.0404.0402 (Senior Citizen Housing) of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim qn August 20, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the previsions 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\PC2007-0 -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 proposal to amend exhibits to construct an additional five units for apreviously- approved senior apartment complex is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.06.030.010 (Senior Citizen Housing). 2. That the proposed additional five, one bedroom units, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the site was previously approved with a similar land use with no adverse affects to adjoining land uses. 3. That the size and shape of the site for the senior citizen housing 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. 4. That granting of the conditional use permit under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with the surrounding area. 5. That "' indicated their presence at sa"id 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 an additional five units for apreviously-approved senior apartment complex and does hereby find that the Mitigated Negative Declaration :previously approved in connection with Conditional Use Permit No. 2004-04917 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE tT RESOLVED that the Anaheim Planning Commission for the. reasons hereinabove stated does hereby amend and approve Conditional Use Permit No. 2004-04917 (Tracking No. CUP2007-05238) to amend exhibits to construct an additional five units for apreviously- approved senior apartment complex: BE IT FURTHER RESOLVED that Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. PC2004-131, pertaining to Conditional Use Permit No. 2004-04917, as follows: Modified conditions in bold. 1. That an Encroachment License for the 6-foot high wrought iron fence along Walnut Street shall be obtained from the Public Works Department: 2. That a minimum 6-foot high block wall shall be installed along the north property line abutting the single-family residential zone boundary. Said block wall shall be planted with clinging vines on the south side in order to reduce graffiti opportunities. Said information shall be specifically shown on plans submitted for building permits. 3. That all driveways shall be constructed with ten (10) foot radius curti returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. _2_ PC2007- 4. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. The turn-around area shall be provided through each construction phase of the project. Said turn-around area shall be specifically shown on plans submitted for building permits. 5. 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 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 7. That a comprehensive solid waste management program shall be submitted to the Public Works Department, Streets and Sanitation Division. 8. That any existing driveway approaches on Ball Road or Walnut Street that are being closed shall be replaced with curb, gutter, parkway landscaping and sidewalk. All proposed new driveways on Ball Road and Walnut Street shall conform with Public Works Standard Detail No. 115-A. Said information shall be specifically shown on plans submitted for building permits. 9. That the existing buildings (except the Chapel and 99 Bed Skilled Nursing Facility) on the property shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division. 10. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall comply with current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 11. That since this project has a common landscaping area exceeding 2,500 square feet, 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. 12. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flaw rate and maximum day and peak hour water demands for the project.. This information will be used to determine the adequacy of the existing water system to .provide the estimated water demands. 13. That address number shall be position so as to be readily readable from the street. Minimum number height of 12 inches recommended. Numbers should be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. , 14. That 4 foot high rooftop numbers shall be placed on the roof in a contrasting color to the roofing material and shall not be visible from adjacent public streets. Said information shall be specifically shown on plans submitted for building permits. 15. That adequate lighting of parking lots, shipping and receiving areas, circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. -3- PC2007- 16. 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. Prior to issuance of a grading permit, the following conditions shall be complied with: 17. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board .and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDI) Number. The applicant shall prepare and implement a Stormwater:Pollution Prevention Plan (SW PPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 18. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25- and 100-year storm frequencies; an analysis of all drainage .impacts to the existing storm drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage improvements (such as detention/ retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. 19. That the City of Anaheim Sewer Impact Mitigation fee for the Old. Town/Basin 8 Area shall be paid. The mitigation fee is cunently $1,706/unit for multi-family developments. 20. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability,. minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas: • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Gontrol BMPs as defined in the DAMP: • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs: Prior to final building and zoning inspections the following conditions shall be complied with: 21. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 30 (Revision No. 1 to Exhibits 5, 6, and 7) as conditioned herein. 22. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. ~_ PC2007- 23. That final landscape and irrigation plans shall be submitted to the'Planning Services Division for review and approval. Said plans shall show minimum 24-inch box size evergreen trees on maximum 20 foot centers along the north property line. Any decision made by the Planning Services Division regarding..,..... said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be property and professionally maintained to ensure mature, healthy growth. 24. That a final detailed signage program (revising Exhibit No. 29) indicating sign types and location shall be submitted to the Planning Service Division for review and approval. Freestanding signs visible to the public right-of-way shall be limited to one (1) 20 square foot identification sign per frontage. Any decision made by the Planning Services Division regarding said sign program may be appealed to the Planning Commission as a Reports and Recommendations item.. 25. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 26. That the existing public utilities easement shall be abandoned. An abandonment application, copy of recorded easement, Grand Deed or Title Report, and sketch of the area to be abandoned shall be submitted to;the Real Property Section of the Public Works Department. 27. That the developer shall submit landscape and irrigation plans for the public parkway along Walnut Street. The plans shall be included in the street improvement plans and shall be approved by the Planning and Public Works Departments... 28. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for a corner cutoff at the Walnut Street and Ball Road intersection.. 29. That the City of Anaheim Drainage Impact and Improvement Fee for the South Central Area shall be paid. The fee is currently $16,312 per acre. 30. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and City Attorney shall be posted with the City of Anaheim. Prior to Occuaancv of the Facility: 31. That prior to occupancy of the facility the developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Walnut Street (Secondary with a bike lane and a 45-foot Y: width) in conformance with Public Works Standard Detail 160-A, Walnut Street shall be widened 15 feet per Standard Detail 160-A (existing 20-feet between centerline and curb, 35- feet required). A 5-foot wide parkway landscaping strip and 5-foot wide sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. No additional right-of-way dedication is required. A bond 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. ARight-of--Way Construction Permit shall be obtained from the Development Services Division for all work performed in the right-of-way. The improvements shall be constructed prior to the certificate of occupancy. 32. ,That prior to issuance of certificate of occupancy, the applicant shall; • Demonstrate that all structural BMPs described in the Project WOMP have :been constructed and installed in conformance with approved plans and specifications, • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP, -5- PC2007- • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite, and • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. General Conditions: 33. 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. 34. That the two guest units shall not be used as primary residences. 35. That the ancillary support services for the residents shall only be used for residence, their guest and persons employed at this facility, 36. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 37. That any required relocation of City electrical facilities shall be at the developer's expense including the existing electrical power poles located along the north property line. That landscape andlor hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 38. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc.., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 39. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 40. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 41. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service andlor fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The ownerldeveloper shall be responsible for the costs to upgrade or to abandon any water service or fire line. 42. That the developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program tJo. 125 as established by the Ciry of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 43. 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 44. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. -6- PC2007- 45. 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, except as amended herein, Resolution No. 2004-131 shall remain in full force and effect. 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 August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 20, 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 -7- PC2007- Attachment -Item No. 6 RESOLUTION NO. PC2004-131 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2004-04917 BE GRANTED, IN PART (891 SOUTH WALNUT STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCEL 1 FO PARCEL MAP NO. 87-237, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER FILED IN BOOK 225, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 1, 2004, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.06.160.030.0402 and 18.50 to construct a 151-unit senior citizen's apartment retirement community including independent living, assisted living, memory impairment and various recreational facilities for senior citizens (Walnut Village) and to retain an existing 99-bed skilled nursing facility and chapel with waiver of the following:. (a) SECTION NO. 18.06.080.010 - Maximum lot coverage (DELETED). (b) SECTION NO. 18.06.090.0101- Minimum structural and landscaped setback adiacent to Ball Road and Walnut Street (20-foot widefully setback. landscaped required; 15 to 20 feet proposed for Ball Road and 5 to 10 feet proposed for Walnut Street) (c) SECTION NO. 18.06.090.040- Minimum landscaped setback adiacent to a single-family residential zone 10-foot fully landscaped setback required; 7.5 foot proposed). (d) SECTION NOS. 18.42.030:0201 AND Minimum number of parking 18.42.40.10. spaces 4( 19 required; 242 proposed).:. (e) SECTION NO. 16.44.070 - (Maximum number of freestanding signsl {DELETED) (f) SECTION NO. 18.46.110.030 - Maximum fence height adiacent to Ball Road and Walnut Street Cr\PC2004-131 -1- PC2004-131 (3-foot high fence permitted within required front yard setback; 6-foot high wrought iron fence proposed (g) SECTION NO. 18.50.040 - Maximum structural height (25 to 42.5 foot high building permitted with a setback of 50 to 85 feet from single-family residential zone required; 34 [0 50-foot high building with a setback of 50 to 85 feet from a single-family residential zone proposed) (h) SECTION NO. 18.50.040.040.0401 Minimum floor area per dwelling unit (400 square feet required per bachelor unit; 335 square feet proposed for 2 guest units) 2. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located as staff believes the proposed project is compatible with existing and surrounding land uses and that the deviations from Code would achieve a good project design to enhance the livability for residents within the project, and create a ,project that is compatible and consistent with surrounding land uses. The proposed use would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed and because the size and shape of the site for the proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area. 3. 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. 4: That as demonstrated by the parking study submitted by the applicant, that the traffio 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 as the proposed project would contain 68 more parking spaces than currently exists on the property and the number of units have been increased by only 18 units. 5. That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That no one indicated theirpresence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. One person was present in support of the proposal, but expressed concerns related to parking. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Planning Commission has reviewed the proposal to establish a 151-unit (advertised as 156-unit) senior citizen's apartment retirement community including independent living, .assisted living, memory. impairment and various recreational facilities for senior citizens (Walnut Village) and retaining an existing 99-bed skilled nursing facility and chapel, mitigation measures have been identified in the Negative Declaration and .Mitigation Monitoring Plan No.125 for the project: Therefore, staff recommends that a Mitigated Negative Declaration be approved upon a finding by the Commission that the declaration reflects the independentjudgment of the lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study that there is no substantial evidence, with the imposition of mitigation measures, that the project will have a significant effect on the environment. Commission may wish to note that the mitigation measures identified and incorporated Into this Negative Declaration are subject to the monitoring/reporting program as set forth by Section 21081.6 of the Public Resources Code. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant, ih part, subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: -2- PC2004-131 1. That the developer shall be responsible for compliance with all ritigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 125 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 2. That final landscape and irrigation plans shall be submitted to the Planning Services Division for review and approval. Said plans shall show minimum 24-inch box size evergreen trees on maximum 20 foot centers along the north property line. Any decision made by the Planning Services Division-regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained to ensure mature, healthy growth. 3. That an Encroachment License for the 6-foot high wrought iron fence along Walnut Street shall be obtained from the Public Works Department. 4. That final building elevation plans, a colors and materials board., and street presentation plans, showing building articulation and architectural embellishments for all elevations, shall be submitted to the Planning Services Division for review and approval. Any decision made by the Planning Services Division regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. 5. That a final detailed signage program (revising Exhibit No. 29) indicating sign types and location shall be submitted to the Planning Service Division for review and approval. Freestanding signs visible to the public right-of-way shall be limited to one (1) 20 square foot identification sign per frontage. Any decision made by the Planning Services Division regarding said sign program may be appealed to the Planning Commission as a Reports and Recommendations item: 6. That all air-conditioning facilities and other ground-mounted equipment shall be properly shielded from view and the sound buffered from adjacent residential properties. Such information shall be specifically shown on the plans submitted for building permits. 7. That a minimum 6-foot high block wall shall be installed along the north properly line abutting the single-family residential zone boundary. Said block wall shall be planted with clinging vines on the south side in order to reduce graffiti opportunities. Said information shall be specifically shown on plans submitted for building permits. 8. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be fully screened by architectural devices and/or appropriate building materials. Said information shall be specifically shown on the plans submitted for building permits. 9. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris., and removal of graffiti within twenty-four (24) hours from time of occurrence. 10. That property owner shall submit a letter requesting termination of Conditional Use Permit Nos. 3135 (to permit a child day care center), 1861 (to expand a retirement home) and 200 (to permit a home for the aged) to the Planning Services Division. 11. 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. 12. That the locations for future above-ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, .access points, etc.) and shall be subject to the review and approval of the appropriate City departments. 13. That any required relocation of City electrical facilities shall be at the developer's expense including the existing electrical power poles located along the north property line. That landscape and/or hardscape -3- PC2004-131 screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 15. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 47p pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 16. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering standard No. 115. Said information shall be specifically shown on plans submitted for building permits. 17. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. The tum-around area shall be provided through each construction phase of the project. Said turn-around area shall be specifically shown on planssubmitted for building permits. 18. 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 plans submitted for building permits. 19. 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. 20. That a comprehensive solid waste management program shall be submitted to the Public Works Department, Streets and Sanitation Division. 21. That the developer shall submit street improvement plans to the Public Works Department, Development Services Division to improve Walnut SVeet (Secondary with a bike lane and a 45-foot '/z width) in conformance with Public Works Standard Detail 160-A. Walnut Street shall be widened 15 feet per Standard Detail 160-A (existing 20.feet between centerline and curb, 35-feet required): A 5-foot wide parkway landscaping strip and 5-foot wide sidewalk shall be constructed with the parkway irrigation connected to the on-site irrigation system and maintained by the property owner. No additional right-of- way dedication is required. A bond shall be posted in an amount approved by the City Engineer and a form approved by the City Attorney prior to issuance of a building permit. A Right-of-Way Construction Permit shall be obtained from the Development Services Division for all work pertormed in the right-of- way. The improvements shall be constructed prior to the certificate of occupancy. 22. That the existing public utilities easement shall be abandoned. An abandonment application, copy of recorded easement, Grand Deed or Title Report, and sketch of the area to be abandoned shall be submitted to the Real Property Section of the Public Works Department. 23. That prior to grading plan approval, the applicant shall demonstrate that coverage has been obtained under California's General Permit for Stonnwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources ConVol Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDI) Number. The applicant shall prepare and implement a Stonnwater 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. 24. That prior to grading plan approval, the applicant shall submit a Drainage Study prepared by a registered professional Civil Engineer in the State of California. The Study shall be based upon and reference the latest edition of the Orange County Hydrology Manual the applicable City of Anaheim Master Plan of Drainage for the project area. All drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The Study shall include: an analysis of 10-, 25-and 100-year storm frequencies; an analysis of all drainage impacts to the existing stone drain system based upon the ultimate project build-out condition; and address whether off-site and/ or on-site drainage Improvements (such as detention! retention basins or surface runoff reduction) will be required to prevent downstream properties from becoming flooded. -4- PC2004-131 25. That the City of Anaheim Sewer Impact Mitigation fee for the Old Town/Basin 8 Area shall be paid. The mitigation fee is currently $1,706/untformulti-family developments. 26. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the appl(cable Routine Source Control BMPs as defined in the Drainage Area Management Plan: • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long-term operetion and maintenance requirements for the Treatment Contrdl BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. 27. That prior to issuance of certificate of occupancy, the applicant shall • Demonstrate that all structural BMPs described ih the Project WQMP have been constructed and installed in conformance with approved plans and specifications, • Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the Project WQMP, • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite, and • Submit for review and approval by the City an Operation and Maintenance Plan for all sWctural BMPs. 28. That the developer shall submit landscape and irrigation plans for the public parkway along Walnut Street. The plans shall be included in the street improvement plans. and shall be approved by the Planning and Public Works Departments. 29. That the legal property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for a comer cutoff at the Walnut Street and Ball Road intersection. 30. That any existing driveway approaches on Bali Road or Walnut Street that are being closed shall be replaced with curb, gutter, parkway landscaping and sidewalk. All proposed new driveways on Ball Road and Walnut Street shall conform with Public Works Standard Detail No. 115-A. Said information shall be specifically shown on plans submitted for building permits. 31. That the City of Anaheim Drainage Impact and Improvement :Fee for the South Central Area shall be paid. The fee is currently $16,312 per acre. , 32. That the existing buildings (except the Chapel and 99 Bed Skilled Nursing Facility) on the property shall be demolished. The legal property owner shall obtain a demolition permit from the Building Division. 33. That all backflow equipment shall be located above ground outside df the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall comply with current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division outside of the street setback areas In a manner fully screened from all public streets and alleys. Said information shall be shown on plans arid approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 34. That since this project has a common landscaping area exceeding 2,500 square feet, a separate irzigation 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. -5- PC2004-131 35. 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 ownerldevelopersholl be responsible for the costs to upgrade or to abandon any water service or fire line. 36. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond in the amount approved by the City Engineer and City Attorney shall be posted with the City of Anaheim. , 37. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developerlowner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. 38. That address number shall be position so as lobe readily readable from the street. Minimum number height of 12 inches recommended. Numbers should be Illuminated during hours of darkness. Said information shall tie specificallyshown on plans submitted for building permits. 39. That 4 foot high rooftop numbers shall be placed on the roof in a contrasting color to the roofing material and shall not be visible from adjacent public streets. Said information shall be specifically shown on plans submitted for building permits. 40. That adequate lighting of parking lots, shipping and receiving areas; circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make cleady visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits. 41. That the two guest units shall not be used as primary residences. 42: That the ancillary support services for the residents shall only be used for residence, their guest and persons employed at this facility. 43. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 30 as conditioned herein. 44. That prior to issuance of a grading plan, Conditions Nos. 23, 24, 26 and 45, above-mentioned, shall be complied with: 45. That prior to occupancy of the facility Condition Nos. 21 and 27, above-mentioned, shall be complied with: 46. That pdor 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, 8, 9, 10, 15; i6, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30; 31; 32, 33, 34, 35; 36; 37, 38, 39 and 40, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code: 47. That pdor to final building and zoning inspections, Condition Nos. 27 and 43, above-mentioned, shall be complied with: 48. That approval df 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 orrequiremenf. -6- PC2004131 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 1, 2004. 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. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on November 1, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, ROMERQ VANDERBILT-LINARES, VELAZOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES ABSTAIN: COMMISSIONERS: O'CONNELL IN WITNESS WHEREOF, I have hereunto set my hand this day of .2004. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION 7- PC2004-131 Item No. r '~RLLi}ia]9y~ ]~Si<d8 o(Inl. N PCB ~ U~~569j C IMARSHPLL ai PAFI! ~ 6 Q W VAR ]252 RCL 13]435 RCL0YB242 RCL]}iaJ6 (Res. "1 N1. 1" PC) LA PALMA AVENUE W N rc µ RMJ RCL B6d1d6 CUP 219 VAR 1354 APARTMENTS 15s pu CATALPA pyENUE V 1101 GLENOAKS AVENI Conditional Use Permit No. 2006-05104 TRACKING NO. CUP 2007-05235 Requested By: SERVITE HIGH SCHOOL 1952 West La Palma Avenue - Servite High School n\I ~osas fill Y n ; aDUMEALH ~~ ~U W w l9 ~ ao ¢ RM-a 1436 ]l ~ a pu EAc ]aul D ZR4 16]55 :0 CONO05 90U W > RM~4 1 4DU EACH a I _ < 1 iLL 62NJ1 G 3>9 ~ ~ O °m o LYP ~1 ]l 111 C.°w xu. @2NIV msr sD2 ;ry r ~d^~+nq[SCNOM Ipu C~ 515' I 1 I I W r EACH I ,;y~ tll l 6D M ~LL ~ ~ QC VM 1]B1 ~ O - pOGWOOD AVENUE I I a p~l s I II 11 I I II I I I `~ µ~ Subject Property Date: August 20, 2007 Scale: 1" = 300' Q.S. No. 45 uate otnenai rnoto: Conditional Use Permit No. 2006-05104 TRACKING NO. CUP 2007-05235 Subject Property Date: August 20, 2007 Scale: 1" = 300' Requested By: SERVITE HIGH SCHOOL Q.S. No. 45 1952 West La Palma Avenue -Service High School 10346 200 S. Anaheim Blvd. State #162 Anaheim, CA 9285 Tel: (714) 765.5139 Fax: (714) 765-5260 www.anahefm.net ITEM NO. 7 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 20,.2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT NO. 2006-05104 (TRACKING NO. CUP2007-05235) LOCATION: 1952 West La Palma Avenue. APPLICANT/PROPERTY OWNER: Mark J. Paone7Servite High School. REQUEST: The applicant requests approval to permit an additional mudulaz unit for an existing high school. RECOMMENDATYON: Staff recommends that the Commission take the following actions:' {a) By motion, approve a CEQA Categorical Exemption, Classes 3 (New Construction): (b) By resolution, approve amendment to Conditional Use Permit No. 2006-05104: (tracking no: CUP2007-05235). BACKGROUND: This property is developed with Servite High SchooTand is located within the. Transition (T) zone. The General Plan designates this property for School uses. Properties to the north are designated for Low-Medium Density Residential land uses, properties to the west, east and south aze designated for Low Density Residential. land uses: Conditional Use Permit No. 2006:05104, a request to permit two (2) modular buildings for the use as four (4) classrooms for Servite was' approved by the Planning Commission on June 26, 2006. The request was subsequently modified. to permit one (1) modular: building of an equivalent size and approved by Planning Department staff on July 2Q, 2006. PROPOSAL: The applicant proposes to construct an additional modular unit, for a total of two (2) modular units. The site plan shows the modular unit would be 960 square feet: The school does not propose to increase their student enrollment. The additional modular unit would used for a classroom because an existing classroom will.:: be converted to an art room.. CONDITIONAL USE PERMIT NO. 2006-05104 August 20, 2007 Page 2 of 2 ANALYSISc Modular units are conditionally permitted within the Transition zone. The proposed modular units are compatible with the existing school operations. The modular units will not be visible from adjoining properties: because they. would be located in a courtyard area and surrounded by existing school buildings: School enrollment will not be increased; therefore, vehicular traffid and parking demands would not change: Therefore, staff recommends'approval of this request. Respectfully submitted, Concurred by, ~; ~ ~ Aging Principal Planner Planning.Director Attachments 1. Letter of Request - P1tO,dEEC'T SiJ10~INiARY CiJP2006-05104 DeYelo rnent Standard' Pro osed Pro'ect 'T zone standards Site Area 15.4-acres N/A Parkin 324 s aces 211 s aces Building setbacks Adiacent to: Peet La Palma Avenue 520 25 Side 20 10 Rear 50 25 Signs No signs plans submitted Will comply with Code requirements [D 62AFT] RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO CERTAIN CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT NO. 2006- 05104 AND AMENDING RESOLUTION NO. PC2006-60 TRACKING NO. CUP2007-05235 (1952 West La Palma Avenue) - WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., EXCEPT THE SOUTH 263 FEET THEREOF. WHEREAS, on June 26; 2006, the Anaheim City Planning Commission by Resolution No. PC2006-60, granted Conditional Use Permit No. 2006-05104 to permit two (2) modular buildings for the use of classrooms at an existing private high school; and WHEREAS, this property is currently developed with a high school and is zoned T (Transition); .and the Anaheim Geheral Plan designates this property for School uses; and WHEREAS, the applicant has requested to amend thepreviously approved Conditional Use Permit No. 2006-05104 to amend an existing conditional use permit to permit an additional modular unit pursuant to 18.60.190.030 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold apublic hearing at the Civic Center in the City of Anaheim on August 20, 2007, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1: That the proposed use is properly one for which a bonditionai use permit is authorized by Anaheim Municipal Code Sections 18.14.030.040.0402 (Educational Institutions-General) and 18.14.030.080 (Temporary Modular Units). 2. That modular units would be used in conjunction with a previously approved private educational institution only and would not adversely affect the adjoining land uses or the growth and development of the area since student enrollment would not be increased, and there is no significant change in the operation of the existing school 3. That there will be no added traffic or parking impacts that would occur due to the addition of the modular building for a total of two (2) additional classrooms since enrollment would not increase. 4: That the granting of this permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim since there will be no significant change in the existing land use and operation on the site. 5. That "` indicated their presence at said public hearing in opposition, and '"' correspondence was received in opposition to the subject petition. Cr\PC2007--" -1- PC2007--" CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New. Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That a maximum of two (2) modular units or 3,840 square feet shall'be permitted. Said information shall be indicated on plans submitted for building permits. 2. That the applicant shall obtain any necessary building permits and shall obtain Building Division clearance for the modular units. Prior to final building and zoning inspections the following conditions shall be complied with: 3. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans .are on file with the Planning Department marked Exhibit Nos. 1 and 2. General Conditions: 4. 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. 5. That extensions far further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 6. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. _p_ PC2007--" THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning :Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007--" Attachment -Item Pdo. 7 RESOLUTION NO. PC2006-60 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2006-05104 BE GRANTED WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit far certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 8, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B. AND M., EXCEPT THE SOUTH 263 FEET THEREOF. WHEREAS, the Planning Commission did hold a public hearing at the Civlc Center in the City of Anaheim on June 26, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in .accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due tnspectipn, 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: t That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.14.030.040.0402 (Educational Institutions-General) and 18.14.030.080 (Temporary Modular Units). 2. 'That temporary modular units would be used in conjunction with a previously approved private educational institution only and would not adversely affect the adjoining land uses or the growth and development of the area since student enrollment would not be increased, and there is no significant change in the operation of the existing school. 3. That there will be no added traffic or parking impacts that would occur due to the addition of the two (2) modular buildings for a total of four {4) classrooms since enrollment would not increase... 4. That the granting of this permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim since there will be no significant change in the existing land use and operation on the site. 5. That a person indicated their presence at said public hearing in opposition, and a person spoke with questions pertaining to the request; and an a-mail was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director or her authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: Cr\PC2006-60 -1- PC2006-60 1. That within a period of one (1) year from the date of this resolution, the applicant shall obtain any necessary building permits and shall obtain Building Division clearance for the modular units. - 2. That prior to issuance of a building permit or within 90 days from the date of approval, the applicable traffic signal fee shall be paid to the City of Anaheim in an amount established by City Council Resolution. 3. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2. 4. That prior to final building and zoning inspections, Condition No. 3, above-mentioned, shall be complied with. 5. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved 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 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 June 26, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY CECILIA FLORES) CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -2- PC2006-60 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss, CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 26, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this day of ,2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _3_ PC2006-60 Item No. 8 \ND,F\RM \ ~p N m tP \ND `F\RM --\ 1 pq6~ VPRZR42~' N~ F\RM' \ 3~ GVPZp3 0 GUP 4258 1N~ F\RM SM~'1NU' '`'V~pt F\RM' SOV'CN S~ Conditional Use Permit No. 1322 TRACKING NO. CUP2007-05234 Requested By: SIDNEY E BtCKEL 633 South East Street -Quartz Dealer Direct tosaa a w ~: Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 94 Conditional Use Permit No. 1322 TRACKING NO. CUP2007-05234 Requested By: SIDNEY E BICKEL. 633 South East Street -Quartz Dealer Direct Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 94 iaaaa tee. ...o: Ju1Y 2005 ITEM NO. 8 PLANNING C®MMISSI®N AGENDA REP®RT 200 S. Anaheim Blvd Suite #162. '. Anaheim, CA 92805 Tel: (714) 765.5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 20,.2007 FROM:. PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT NO. 1322 (TRACKING NO. CUP2007-05234) LOCATION: 633 South East Street- QuartzDealer Direct. APPLICANT/PROPERTY OWNER: Phillip Schwartze /Sidney E. Bickel: REQUEST: The applicant requests approval to reinstate a conditional use permit to retain apreviously-approved automotive wholesale and retail auctionfacility and to amend the conditions of approval to delete the time limitation. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve apreviously-approved CEQA Negative Declazation. (b) By resolution, approve amendment to and reinstatement of Conditional Use Permit Not 1322. BACKGROUND: This property is developed with Quartz Dealer Direct and is located within the Industrial (I) zone: The General Plan designates this property and properties to the north, south'and west for Low-Medium Density Residential and uses.. Properties to the easf are designated for Low Density Residential land uses. Conditional Use Permit No. 1322, a request to establish an auto and truck leasing facility was approved by the Planning Commission in 1972.-0n February Y, 2000, the City - Council approved a request to 7ekain an un-permitted wholesale and retail automobile auction facility for a period of twenty (20) months with an expiration on October 1, 2001: On February 11, 2002 and March 1, 2003, the Commission reinstated this permit. to expire in one (1) year intervals: OnJunel, 2005, the Commission reinstated this permit for two (2) years to expire on Mazch:1 2007. Resolution No. PC2005-85 adopted in conjunction with the latest reinstatement, contains the Following condition of approval:.: "1. That this conditional use permit shall expire on March 1, 2007." CONDITIONAL USE PERMIT NO. 1322 August 20, 2007 Page2of 2 Time limitations were placed on this entitlement due to complaints. pertaining to patrons of the business parking in the adjacent neighborhood. The business is required to retain an off-site parking agreement for an additiona150 pazking stalls. There is a parking agreement with the Anaheim Redevelopment Agency at 1245 East Lincoln .Avenue (C.H.O.C. site) that will be terminated upon the redevelopment of the property. The applicant has already begun speaking with other properties to secure additional pazking spaces in the future. DYSCUSSION: The applicant has submitted axequest to reinstate Conditional Use Permit No. 1322, to permit a wholesale and retail auction facility: The applicant states thaf the permit is being exercised substantially in the same manner and in conformance with all conditions of approval. There areuo outstanding complaints pertaining to this property, However, there have been two (2) complaints pertaining to the business this past year including a call for <, graffiti and a report that patrons from he business were using thexesidential neighborhood across East Street for parking. An inspection was conducted'by the Community Preservation Division on August,6, 2007, and indicated that the landscaping was overgrown and that there was an inoperable vehicle on the property: It was also observed that an employeeof the business was monitoring the adjacent residential neighborhood to ensure patrons wereparking in designated locations. The applicant has indicated that a1Pof the outstanding issues have been addressed. Staff will'conduct a site visit prior to the public hearing to confirm the issues have been addressed. The applicant requests to no longer limit the lerigth of the conditional use permit, as the business has been in operation for a numberof yeazs The auction business has operated in substantial compliance with conditions of approval and has nobhad an adverse effect on the surrounding area. Therefore, staff recommends that the conditional use permit be reinstated with no time limitation. Respectfully submitted, ~Cboncurred by, (J f IJ ~y . (~ ~'`~ ~/l~v 1/~ dew ,~r,,aae,~-- Acting Principal Planner Planning Director Attachments: 1. Justification for Reinstatement 2. Community Preservation Memorandum 3. Prior Resolution [DRAFT] RESOLUTION NQ PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322 (TRACKING NO. CUP2007-05234), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-85, ADOPTED THEREWITH (633 SOUTH EAST STREET- QUARTZ DEALER DIRECT) 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: WHEREAS, THE CITY PLANNING COMMISSION OF THE CITY OF ANAHEIM DID RECEIVE A VERIFIED PETITION FOR CONDITIONAL USE PERMIT FROM E.D.. JOHNSON AND COMPANY, POST OFFICE BOX 10040, SANTA ANA, CALIFORNIA 92711 OWNER OF CERTAIN REEL PROPERTY SITUATED IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STAT OF CALIFORNIA, DESCRIBED AS THE NORTHWESTERLY 240.00 FEET OF THAT PORTION OF VINEYARD LOT H-I, AS SHOWN ON A MAP OF THE LANDS OF ANAHEIM, AS SHOWN ON A MAP THEREOF RECORDED IN 800K 4, PAGE 629 AND 630 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER pF SAID LOT H-I, SAID SOUTHEAST CORNER BEING THE INTERSECTION OF THE WESTERLY LINE OF THE EAST STREET, 66.00 FEET WIDE, AND THE: NORTHERLY LINE OF SOUTH STREET. 24.75 FEET WIDE, S SHOWN ON SAID MAP; THENCE NORTH 15°30'00" WEST ALONG SAID WESTERLY LINE OF EAST STREET, 402.99 FEET TO THE SOUTHEASTERLY CORNER OF THE LAND CONVEYED TO KEL-GER, INC IN PARCEL 1 OF THE DEED RECORDED IN BOOK 2459, PAGE 432 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 74° 22'35" WEST ALONG THE SOUTHERLY LINE OF KEL-GER, INC., 331.20 FEET TO THE EASTERLY LINE OF THE 20.00 FEET WIDE STRIP OF LAND CONVEYED TOT EH CITY OF ANAHEIM, BY DEED RECORDED IN BOOK 2729, PAGE 208 OF OFFICIAL RECORDS IN THE OFFICE OF THE GOUNTY - RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 15°30'31" EAST ALONG SAID EASTERLY LINE, 403.15 FEET TO SAID NORTHERLY LINE OF SOUTH STREET;. THENCE NORTH 74° 21'04" EAST ALONG SAID NORTHERLY LINE, 331.14 FEET TOT THE POINT OF BEGINNING. WHEREAS, on June 1, 2005, the Anaheim Planning Commission, by Resolution No. PC2005- 85, approved Conditional Use Permit No. 1322 to retain an automotive auction at &33 South East Street; and WHEREAS, said Resolution No. PC2005-85 includes the following condition of approval: "1.That this conditional use permit shall expire on March 1, 2007:' WHEREAS, this property is currently developed with an automotive auction, the underlying zoning is I (Industrial); the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain an automobile wholesale and retail auction facility pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 20, 2007, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and 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 reinstatement of this permit and the modification or deletion of a condition of approval :pertaining to a time limitation to retain apreviously-approved automotive auction facility is properly one for which a conditional use permit is authorized under Code Section 18.10.030.010.0404 (Automotive-Car Sales & Rental). 2. That the request to retain the auction facilitywill not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the operator has incorporated operational measures to ensure the patrons and employees of the facility park within designated areas only. 3. That the size and shape of the site for the automotive auction is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission: 5 That this conditional use permit is tieing exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public healtHand safety.. 6. The facts necessary to support each and every required showing for the original approval of the entitlement exist; and 7. That "' indicated their presence at the public hearing in opposition; and ifiat "' correspondence was received in opposition to the subject petition: CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal to reinstate this permit and does hereby find that the Negative Declaration previously approved in connection with Conditiohal Use Permit No. 1322 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved 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 amend Resolution No. PC2005-85, adopted in connection with Conditional Use Permit No. 1322 in its entirety into a new resolution., to reinstate this conditional use permit, and incorporate the following conditions of approval Modified conditions of approval are in bold. 1. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as stipulated by the applicant:- 8:30 a.m. - 9:00 p.m. on Monday 9:00 a.m. - 5:00 p.m. on Tuesday through Saturday Automotive auctions may be conducted on Mondays and Fridays for a maximum of three (3) hours on each day during the hours specified above. 2. That all auction vehicles shall be operable and parked in the screened storage area only. 3. That the 10-foot wide landscaped planter area adjacent to East Street shall be properly maintained with ground cover and shrubs as approved by the Planning Department. 4. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking. _2_ PC2007- 5. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty-four (24) hours from time= - of discovery. 6. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained in good condition. 7. That signage for subject facility shall be limited to the existing and legally permitted signage. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 8. That trash storage areas shall be maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department: Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas that are visible to the public shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines., planted on maximum 3-foot centers, or tall shrubbery. 9. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display. 10. That there shall be no off-loading of vehicles during the hours of 10 p;m. to 6 a.m. 11. That off loading of vehicles shall be limited to Rose Street behind (west of) the auction facility 12. That on-site car washing shall be limited to washing with tap water or deionized water without the use of soaps or detergents. Solvents or degreasers may be used on a spot basis, but shall be wiped off before the vehicle is rinsed. 13. That any use of loud speakers shall not be audible to the residential properties. 14. That the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder with nearby property owners for the appropriate number of parking spaces for this use, as required by the Traffic and Transportation Manager, at the shopping center located at 1215 East Lincoln Avenue andlor such other nearby sites. The number of parking spaces shall be in excess of that which is required by Code by said commercial retail center and or any other off-site parking site. 15. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, Revision No. 1, dated February 1, 2000, and as conditioned herein. 16. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding .any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -3- PC2007- THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 20, 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 August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, 1 have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION _q_ PC2007- Attachment -Item Ido. 8 STATEMENT OF NSTIFICATION C.U.P. 1342 Quartz Dealer Direct supplies a much need service to the local area automobile dealerships. We provide the location where dealers auction oars to other caz dealers. Our operation has been successful and we have come to a point that we have neazly outgrown our existing space. On auction days (Monday & Friday) we pazk the wholesale brokers off site and transport them down to our 633 South East Street for the auction since we do not have pazking room FOR ALL OF THE BROKERS at the auction location. We aze presently leasing the pazking spaces for the auction day brokers from the Anaheim Redevelopment Agency. Several years ago we requested an extension of our approved Conditional Use Permit to allow us the opportunity to fmd a new lazger location. As you may know, Quartz Dealer Direct has diligently pursued new and different sites for a permanent relocation of our operation. Two of the sites we found suitable have been acquired by the Anaheim Redevelopment Agency for other uses after we initiated lease/purchase arrangements and prepazed plans. We are also working with an Orange County Water District representative to relocate to some of their excess property that could be leased for auction activities. We respectfully request a modification to our Conditional Use Permit so as not to place an undue burden on all interested parties. It would appeaz that we will be at this location for a number of years. Attachment -Item Plo. 8 MEMORANDUM CITY OF ANAHEIM Code Enforcement Division DATE: August 6, 2007 TO: Kimberly Wong, Assistant Planner FROM: Jesse Becerra, Code Enforcement Officer #1011 SUBJECT: 633 S. East St. On August 6, 2007, I conducted an inspection of the property located at 633 S. East St. The inspection was in regards to the reinstatement of the C.U.P.. (CUP21322, tracking case no. CUP2007-05234) to delete the time limitation for an auto and truck leasing facility. Upon inspecting the property, I observed three violations of the Anaheim Municipal Code. The violations are as follows: • Overgrown vegetation encroaching onto the public sidewalk facing East Street. ® Dead palm tree stump located on the most northerly portion of the parkway facing East Street. ® Inoperable vehicle located at the southwest comer of the property. A Courtesy Notice (COD2007-05624) was sent to the business owner (Samuel Govemale), informing him of the violations and allowing him twenty (20) days to bring the property into compliance. A search of the Code Enforcement Division Records revealed the following: ® COD2007-00987 -Complaint received on 2/2/2007 reference Quartz of Southern California parking auction vehicles in the residential area east of the property. Code Enforcement monitored the location and observed no violations. Case closed on 4/17/2007 ® COD2007-05624 -Complaint received on 6/28/2007 reference graffiti on the PVC .slats on the chain-link fence facing the public alley. Case closed as complied. All conditions of CUP1322 were in compliance at the time of inspection. Should it be noted that on August 6, 2007 at 1700hrs I observed and employee of Quartz of Southern California at the comer of East St. and Crestbrook Pl. ensuring that clients did not park in the residential area. On 8/7/2007 between the hours of 0200-0600 Code Enforcement Staff reported no violations observed reference the unloading of vehicles on S. East St. If you need any additional information regarding this property, please contact me at ext.4478. Attachment -Item No. 8 RESOLUTION NO. PC2005-85 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 1322, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003-113,-- ADOPTED THEREWITH WHEREAS, on March 1, 2003, the Anaheim .Planning Commission, by Resolution No. PC2003-113, approved Conditional Use Permit No. 1322 to retain an automotive auction at 633 South East Street; and WHEREAS, said Resolution No. PC2003-113 includes the following condition of approval: "1. That this conditional use permit shall expire on March 1, 2005" WHEREAS, this property is currently developed with an automotive auction, the underlying zoning is I (Industrial); the Anaheim General Plan designates this property for Low-Medium Density Residential land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and WHEREAS, the applicant has requested reinstatement of this conditional use permit to retain an automobile wholesale and retail auction facility pursuant to Code Section 16.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 1, 2005, at 2:00 p:m., notice of sa(d publichearing having been duty given as required bylaw and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the existing automotive auction is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the request to retain the auction facility will not adversely affect the adjoining land uses and the growth and development of the area in which it is located, 3. That the size and shape of the site for the automotive auction is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4, That this conditional use permit is being exercises In substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission. 5. That this conditional use permit Is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public health and safety. 6. The facts necessary to support each and every required showing for the original approval of the entitlement exist; and 7. That no one indicated their presence at the 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 reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 28, 2003 to expire March 1, 2005) to retain an CR\PC2005-085 -1- PC2005-85 Tracking No. CUP2005-04982 automotive wholesale and retail auction facility; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 1322 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that It has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding'dn 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 amend Resolution No. PC2003-113, adopted in connection with Conditional Use Permit No. 1322, to reinstate this conditional use permit, and incorporate the following conditions of approval: 1. That this conditional use permit shall expire on March 1, 2007.. 2. That the hours of operation, except for off-loading of vehicles, shall be limited to the following, as stipulated by the petitioner: 8:30 a:m. - 9:00 p.m: on Monday 9:00 a:m. - 5:00 p.m. on Tuesday through Saturday Automotive auctions maybe conducted on Mondays and Fridays for a maximum of three (3) hours on each day during the hours specified above. 3. That all auction vehicles shall be operable and parked in the screened storage area only, 4. That the 10-foot wide landscaped planter area adjacent to East Street shall be properly maintained with ground cover and shrubs as approved by the Planning Department. 5. That no required parking area shall be fenced or otherwise enclosed for outdoor uses other than parking. 6. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash and debris, and removal of grafFltl within twenty-four (24) hours from time of occurrence. 7. That the chain-link fence shall be maintained and screened with PVC slats. Said slats shall be maintained in good condition. B. That signage for subject facility shall be limited to the existing and legally permitted signage. Any additional signage shall be subject to approval by the Planning Commission as a Reports and Recommendations item. 9. That trash storage areas shall be 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. Sold 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 that are visible to the public shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines, planted on maximum 3-foot centers, or tall shrubbery. 10. That auto maintenance and repa(r shall not be permitted, nor shall there be any retail sales or display. 11. That there shall be no off-loading of vehicles during the hours of 10 p.m. to 6 a.m. 12. That off loading of vehicles shall be limited to Rose Street behind (west of) the auction facility. 13. That on-site car washing shall be limited to washing with tap water or delonized water without the use of soaps or detergents. Solvents or degreasers may be used on a spot basis, but shall tie wiped off before the vehicle is rinsed: 14. That any use of loud speakers shall not be audible to the residential properties. -2- PC2005-B5 15. That the applicant shall maintain an agreement recorded in the Office of the Orange County Recorder with nearby property owners for the appropriate number of parking spaces for this use, as required by the Traffic and Transportation Manager, at the shopping center located at 1215 East Lincoln Avenue and/or such other nearby sites. The number of parking spaces shall be in excess of that which is required by Code by said commercial retail center and or any other off-site parking site. 16. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1, Revision No. 1, dated February 1, 2000, and as conditioned herein. 17. 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 Resolutionis expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 1, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) 55. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 1, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, 1 have hereunto set my hand this day of_ 2005 (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2D05-85 Item rvo. a U ....~. ~~~ G-G )lsP6~~)-td DUES RGL 5~6y19 HILL PL NP NOME R~cU RB~i 5 VvP 1627 4 DU GP ER EPGN 4 DU `GUY ~. , . ) t9 VPR t67 RGL 6&55A2 :LL 5366L29 ~ R~R19006 /' ui we -]sz 2 GPR V GUP 5565 .00023 2nnel RoEALEILSwp ~ OFJ`LF'R VPR tt62T RCL 200 C.DVer1aY WINSdONRD~.i. ~ VFR.~otlniLOSPB„~ RCL Ob6}Z~ R RLL ES66Z) PLL 545210L L.~. 6ABG CIIp 156i flLL 539-]0 LLPZI06 VAR 2d6 RCL GS/- LUP ti]0 O VAR 2013 SMALL SHOPS qlp i0i PPAR(MENTS TRAN~LRTATION 6LU sErrvlces L~] m RM-4 CG SAaC L F- ApT$ RGL 5360-1~0 \ .~1 to 10 DU EACH (Ras. onn~ant m CH) \\\ pO ~ RCL 5&59-n ~ FiESiAURANf .CH RM-0~ ERE ELEMENTARY CHODL T REVERE ELEMENTARY SCHOOL a 3 MIDWAY DRIVE F wr M1a B Conditional Use Permit No. 2006-0511 B TRACKING NO. CUP2007-05237 Requested By: DAVID AND FRANCES SHEK 1401 S Anaheim Boulevard -Happy Hippo Preschool 1 J oZ _o ~ N o~ U~ ~~ yo 9 °p-I N~ u a 10347 N r Z VAR 2000 N ~ CUP 439 Z W N RCL SS56-19 RCL 54-55-02 CUP 2007.05208 CUP 3097 CUP 3449 CUP 1374, VAR 1627 I (SABC RCL 54-5 -42 COMM. SHDP PALAIS RD VAR 1627 CUP 3560) CUP 3439) CUP 3064 INDUSiRI BUILDING I (SABC) SMALL IPN1D. FIRMS I (SABC) RCL 54-55-02 SMALL IND. FIRMS GG (SABC) T-CUP 2001-04421 RCL 2000.00023 T•CUP 2001.04345 (Res of Int to SA6C T-CUP2001-04303 Overla Zone RCL9l~ 91 2~ T-CUP 2001-04302 T-CUP 2001.04300 - - RCL 66-678 T•CUP 2001.04299 RCL 60.61-113 T-CUP 2000-09230 fiD-61-14 P P00 0- 0 4205 T-CU RCL 55-56-19 ~ 5 2 C RCL 54-55.42 CUP 3517 T-CUP 2006-05089 CUP 3685 CUP 3665 T-GUP 2003-04795 T-CUP 2002-04597 CUP 3608 C pP 2 00204532 CUP 3545 T " CUP 3400 il%~ :=? Subject Property Date: August 2p, 2007 Scale: 1" = 200' Q.S. No. 86 1 ISPBCI duly 2005 Conditional Use Permit No. 2006-05118 TRACKING NO. CUP2607-05237 Requested By: DAVID AND FRANCES SHEK 1401 S Anaheim Boulevard -Happy Hippo Preschool Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 86 10347 200 S. Anaheim Blvd: Suite #162 '. Anaheim, CA 92805 ', Tel: (714) 768-5139 Fax: (714) 765-5280 www.anaheim.net ITEM N0.9 PLANNING COMMISSION AGENIDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 20, 2007 FROM:. PLANNING DIRECTOR SUBJECT: CUP2006-05118 (TRACHING NO. CUP2007-05237) LOCATION: This 0.9-acre property is identified as 1401 South Anaheim Boulevard - Happy Hippo Preschool. APPL%CANT/PROPERTY OWNER: Phil Schwartze/David & Frances Shek REQUEST: The applicant requests approval to allow up to 45 students for apreviously-approved preschool RECOMMENDATION: Staff recommends that the Commission take the following 'actions: (a) By motion, approve a CEQA Categorical Exemption, Class 1. (b) By resolution, approve amendment to CUP2006-05118. BACKGROUND: This property is currently developed with asingle-story office building including the Happy Hippo preschool and is zoned General Commercial (C-G): The General Plan designates this property for School land uses, properties to the north and east for General Commercial land uses and properties to the south and west for School land uses. Conditional Use Permit No. 2006-05118 was approved on August 7, 2006, to permit the: subject preschool. The resolution contained a condition of approval limiting the enrollment to thirty (30) students, consistent with the letter of operation. PROPOSAL: The applicant proposes to increase student enrollment to a maximum of forty-five (45) students. No changes to the building operations or staffing aze proposed. ANALYSIS: The project has been evaluated against applicable development standazds and is in compliance.. The increased enrollmentwould result in a need for two additional parking spaces, for a total of 27 spaces required for the preschool and other office tenant spaces; CONDITIONAL USE PERMIT NO. 2006-05118 August 20, 2007. Page2of3 71 spaces are provided on-site. The parking for the preschool is based on one space per ten students, one space per employee and one space for loading and unloading. The Happy Hippo preschool has been'operating without violations and staff continues to believe that this is an appropriate location for this facility. Therefore, staff recommends approval of the requested amendment. Respectfully submitted, Concurred by, ~~ d~ ~~ ~~ ~~~ ~~ P(cting Principal Planner Planning Director Attachments• L Prior resolution [DR~FT~ RESOLUTION NO. PC2007--"' A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION AMENDING RESOLUTION NO. PC2006-69, ADOPTED IN CONNECTION WITH CONDITIONAL USE PERMIT N0.2006-05118 (TRACKING NO. CUP2007-05237) (1401 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2 AND 3 OF PARCEL MAP NO. 84-231, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 194, PAGES 11-12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, on August 7, 2006, the Anaheim City Planning Commission did, by its Resolution PC2006-69 grant Conditional Use Permit No. 2006-05118 to permit apre-school in an existing office building; and WHEREAS, Condition No. 10 of Resolution No. PC2006-69 states: 10. That the maximum permitted enrollment of students shall be thirty (30). WHEREAS, the applicant has requested an amendment to his conditional use permit to modify Condition No. 10, to permit an maximum enrollment of forty-flue (45) students; and WHEREAS, the Planning Commission did .hold a putilic hearing at the Civic Center in the City of Anaheim on August 20, 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 recommendatipns in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the requested amendmenUmodification of use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030:040.0402 (Day Care Centers). 2. That the use is compatible with an adjacent elementary school and the increased enrollment will not adversely affect the adjoining and uses or the growth and development of the area in which it is proposed as there is adequate parking and play area on-site to accommodate the number of students. 3. 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 and provides a convenient service to residents as the pre-school will be adjacent to an elementary school. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That the size and shape of the site is adequate to allow the full development of the pre- school in a manner not detrimental to the health and safety of the particular area. Cr1PC2007--" -1- PC2007--" 6. That "' indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities)., as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby amend Resolution No. PC2006-69, adopted in connection with Conditional Use Permit No. 2006- 05118 to approve the applicant's request; and BE IT FURTHER RESOLVED that the conditions of approval in Resolution No. PC2006-69 are amended in their entirety to read as follows: Modifications identified in bold. 1. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, SVeets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. 2. That the parking lot shall be re-surfaced and re-striped in conformance with City standards. General Conditions: 3. That the maximum permitted enrollment of students shall be forty-five (45); however, future increases in enrollment may be approved by the Planning Services Division upon evidence that sufficient parking is provided for the number of students and staff.. 4. That any signage shall be submitted to the Planning Services Division for review and approval. Any decision by staff regarding signs may be appealed to the Planning Commission as a "Reports and Recommendations" item. 5. 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. 6. That all classroom windows shall be left clear and unobstructed, to allow an unimpaired line of sight by a peace officer into the interior of the classroom during school hours. Said information shall be specifically shown on plans submitted for building permits. 7. That there shall be no outdoor storage at the site. 8. That the existing unpermitted pole sign shall be removed. Said information shall be specifically shown on plans submitted for building permits. 9. 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 4, and as conditioned herein. -2- PC2007--" 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. 11. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 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, prior to commencement of the activity 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 August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and maybe replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007--" Attachment -Item No. 9 RESOLUTION NO. PC2006-69 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05118 BE GRANTED (1401 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 2 AND 3 OF PARCEL MAP NO. 84-231, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 194, PAGES 11-12 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 7, 2006 at 2:30 p.m., notice of said hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chap[er 18.60, to hear and consider evidence for and against said proposed conditional use :permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection., investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402 (Day Care Centers) to permit apre-school in an existing office building. 2: That the use is compatible with an adjacent elementary school and will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed as there is adequate parking and play area on-site to accommodate the use. 3. 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 and will provide a convenient service to residents as the pre-school will be adjacent to an elementary school 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the pre-school generates less trips than a more traditional commercial use. 5: That the size and shape of the site is adequate to allow the full development of the pre- school in a manner not detrimental to the health and safety of the particular area.. 6. 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: The Planning Director or her .authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 3 (New Construction or Conversion of Small Structures), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. Cr\PC2006-69 -1- PC2006-69 NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petiticn for Conditional Use Permit, upon the following conditions which are hereby . found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That any signage shall be submitted to the Planning Services Division for review and approval., Any decision by staff regarding signs may be appealed to the Planning Commission as a "Reports and Recommendations' item. 2. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal oftrash or debris, and removal of graffiti within twenty four (24) hours from the time of discovery. 3. That the property owner shall submit a letter requesting termination of Variance No. 3365 (to establish a business school with waiver of minimum number of parking spaces) to the Planning Department. 4. That four (4) foot high address numbers shall be displayed flat on the roof of the building in contrasting color to the roof material. The numbers shall not be visible to adjacent and nearby streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division., for review and approval 5. That an Emergency Listing Card, Form ADP-281 shall be completed and submitted in a completed form to the Anaheim Police Department, 6. That the classroom doors shall be equipped with locks that can be locked from the inside allowing lockdown of those rooms in the event of criminal activity in or around the building. The doors shall allow for required exiting in case of emergency. Said information shall be specifically shown on plans submitted for building permits... 7. That all classroom windows shall be left clear and unobstructed, to allow an unimpaired line of sight by a peace officer into the intertor of the classroom during school hours. Said information shall be specifically shown on plans submitted for building permits. 8. That there shall be no outdoor storage at the site. Any existing storage shall be removed within ninety (90) days of the date of this resolution. 9. That the existing unpermitted pole sign shall be removed. Said information shall be specifically shown on plans submitted for building permits. 10. That the maximum permitted enrollment of students shall be thirty (30). 11. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 12. That the parking lot shall be re-surfaced and re-striped in wnformance with City standards. Said information shall be specifically shown on plans submitted for building permits and shall be completed prior to final inspections. 13. That the on-site landscaping within the street setback shall be refurbished in accordance with Zoning Code requirements. Final landscape and fencing plans for the subject property shall be submitted to the Planning Department for review and approval. Said plans shall show minimum 24-inch box size trees, -2- PC2006-69 shrubs, groundcover, and clinging vines to be planted in layers on all walls visible from the public right-of- way. The landscape material selected shall be appropriate to the width of the planter area. Any decision made by the Planning Department regarding said plan may be appealed to the Planning Commission as a Reports and Recommendations item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 14. That a licensed architect shall prepare plans that satisfy the requirements of the Building Code for the appropriate occupancy for the proposed pre-school. Said information shall be specifically shown on the plans submitted for building permits. 15. That subject properly 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 4, 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, Condifion Nos. 3, 4, 6, 7, 9, 11, 12, 13 and 14, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal 17. That pdor to final building and zoning inspections, Condition Nos. 5, 8, 12 and 15, above-mentioned, shall. be complied with. 18. 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 19. That timing for compliance with conditions of approval may be 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 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. -3- PC2006-69 THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 7, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Cade pertaining to appeal procedures and may be. replaced by a City Council Resolution in the event of an appeal (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Mords, 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 August 7, 2006, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES IN WITNESS WHEREOF, I have hereunto set my hand this. day of , 2006. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ~_ PC2006-69 Item No. 10 'z ~y 20l RI'!` P P ~~P PvE _--~~`l SP g45 DP A91591 RC1- 66.672g3~ CUP OOMM.I MOf ~GE SSE sP sa-~ RCL 61-62-69 (59) CUP 2006-05171 CUP 2005-04960 T-CUP 2001-04306 CUP 4751 CUP 4142 VAR 2634 tdIXED COMM./ OFFICE USE o mend®MA~ha~/th®.p~~ ~a®I P® ®' SP 94-1 RCL 61-62-69 (59) CUP 1509 VAR 2634 MIXED COMM./ OFFICE USE Conditional Use Permit No. 2007-05239 9P 9481 OP ~-14 RCL 66-2 69 (1~ RCL P~R~C 1 P~ d tP~ ~m ~~ p 1 6~~ZA64 (521 RC GVP ~ cA466~ SP 9431 ~RG ~5 6Z26~q X11 RC~~UP 1Z 5 VPREMEtSt PM~E~ER ~~~~~ ®®' ~0--192' -~ ®~ ®~ o® ~~~~Rg\D Requested By: CHUCK WU GUTHRIE'FAMILY, LLC & R+D GUTHRIE 725 and 755 North Shepard Street 10349 SP 9431 ... DP 67'14 RCS 6 62.69 pl RCL 61P 8048 CU OG1P~ 9ERJICES GPRP~~~~Ft F~EN~~ sP g43 D 62.691 PPRKING' `F Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 145 m pp ~, ~~ ~; '? h~ 5~yyy'. ~~ `!1 x. ' ~ ~~i`,L~ i t~f L ~Gw f.,. 5~ f rti €~ ~~ ~ 1 V DalebfAerial Photo: JuIV 2005 Conditional Use Permit No. 2007-05239 Requested By: CHUCK WU GUTHRIE FAMILY, LLC & R+D GUTHRIE 725 - 755 North Shepard Street Subject Property Date: August 20, 2007 Scale: 1" = 200' Q.S. No. 145 '10349 ` ITEM NO. 10 PLANNING COMMISSION AGENIDA REPORT 200 S. Anaheim Blvd. Suile #162 : Anaheim, CA 92805 Tel: (714)765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT ~ - 'DATE: `AUGUST 20, 2007 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT NO2007-05239 LOCATION: This 0.89 acre property is identified as 725 and 755 North Shepard Street. APPLICANT/PROPERTYQWNER: David Constant/Chuck Wu, Guthrie Family LLC and R+D Guthrie. REQUEST: The applicant requests approval to permit a personal training and fitness center. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion; approve a CEQA Categorical Exemption, Class 1. (b) By resolution, approve Conditional Use Permit No. 2007-05239. BACKGROUNDr This property is currently developed with a concrete tilt up building and is located within the Northeast Area Specific Plan, La Palma Core Area (SP94-l, DA 3): The General Plan designates this property and surrounding properties for Low Intensity Office uses. PROPOSAL: The applicant proposes to establish a personal training and fitness center within a vacant industrial building.. The use would include one on one and small group training, sports performance training, physical therapy and orthopedic consultations and small classes for yoga, Pilates and spinning:. The site plan indicates an approximate 14,500 square foot building, which is part of an industriaVoffice complex: The floor plan shows a variety of weight training and thetapy rooms as well as batting cages and performance training areas within the warehouse portions of the building. Operating hours for the facility would be from 6 a.m. to 9 p.m„ Monday through Friday, and 6 a.m: to 4 p.m. on Saturdays. A maximum of 8 employees would be needed per shift. ANALYSIS: The project has been evaluated againsf applicable development standards and is in compliance: Code permits physical fitness and indoor recreational facilities in the Northeast Area Specific Plan subject to approval of a conditional use permit. CONDITIONAL USE PERMIT N0.2007-05239 Augus[ 2Q, 2007 Page2of2 Code requires a pazking study to determine the parking demand for this type of uses %A study was prepared for a similaz facility and the same pazking ratio of 1.5'spaces per 1,000 squaze feet was applied to the'subject business: The maximum pazking demand would be 23 pazking stalls. Since the building was constructed with a total of 39 parking spaces, the number of pazking sgaces provided would be adequate to support the number of employees and customers for this use. The proposed land use would be compatible with adjacent industrial uses; therefore, staff supports'this request:', Respectfully submltte Concurred by, Acting Principal Planner. Planning Director Attachments• l . Pazking Study [DRAFT] RESOLUTION NO. PC2007--*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT N0.2007-05239 8E GRANTED (725 AND 755 NORTH SHEPARD STREET) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL L AN UNDIVIDED 1/19T" INTEREST IN AND TO ALL THOSE PORTIONS OF PARCELS 4 THROUGH 8 OF PARCEL MAP NO. 2005-201, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 349, PAGES 3 THROUGH 7, INCLUSIVE, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SHOWN AND DEFINED AS "COMMON AREA" ON THE CONDOMINIUM PLAN RECORDED PROFORMA AS INSTRUMENT NO. PROFORMA, OF OFFICIAL'RECORDS OF SAID COUNTY. RESERVING THEREFROM EASEMENTS, AS SUCH EASEMENTS ARE SET FORTH IN THE. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED PROFORMA AS INSTRUMENT NO. PROFORMA OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS THERETO. PARCEL 2: UNIT N0. 5 A ON SAID CONDOMINIUM PLAN. PARCEL 3: NONEXCLUSIVE EASEMENTS AS SET FORTH IN THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS RECORDED NOVEMBER 08, 2006 AS INSTRUMENT NO. 2006000753043 OF OFFICIAL RECORDS OF SAID COUNTY, AND ANY NOW OR HEREAFTER RECORDED AMENDMENTS THERETO (THE "DECLARATION"). WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 20, 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 tp investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.120.080.051.3 (Health spas and physical fitness centers in excess of 4,000 s.f.); and 2. That the proposed personal training and fitness center would not adversely affect the adjoining land uses and the growth and development of the area in which it is located; and. Cr\PC2007-0 -1- PC2007- 3. That the traffic generated by the facility would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site; and - 4. That granting this conditional use permit, under the conditions imposed, will not be detrimental to the health and safety of the citizens of the City of Anaheim; and 5. That "' indicated their presence at said public hearing in opposition; and that rio correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation.. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, 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 four (4) foot high rooftop address numbers shall be painted flat on the roof in contrasting color to the rooftop material and shall not be visible from ground level. Said information shall be specifically shown on plans submitted for building permits. Prior to final building and zoning inspections the following conditions shall be complied with:. 2. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to the Police Department. The form is available at the Police Department front counter. 3. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. General Conditions: 4. 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. 5. That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established thatsatisfies 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. 6. Thatextensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal. 7. 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. _2_ PC2007- 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 August 20, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor'Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on August 20, 2007, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 2007. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2007- RM-0 RCL 62-63-60 CUP 348 LINDALE VILLA APARTMENTS ae Du 116 DU RM-4 7 6 RCL 65-66-117 0 71-31 RCL RCL 56-57-41 (Res of Int to RM-1200) VAR 1796 RCL 59-60-62 NORMANDY"" CUP 1577 APARTMENTS VAR 2232 70 DU C-G RCL 59-60-62 - C-G CUP 495 RCL 56-57-41 VAR 1147 S CUP 2220 VAR 3702 SMALL SHOPS 65 DU RCL 87-5&35 C-G RCL 6465-06 VAR 374 RCL 56-57-15 RCL 5657-15 CUP 2528 CUP 2695 CUP 554 CUP 978 SMALL SHOPS SERVICE STATION West Anaheim Commercial Comdors Redevelopment Project ~.~ 7 RM< . ~ CL RGL ]516-16 RCL 636146 ^ ~e yy ~ m CG VAR 2872 CUP RGL 61-62-E6 CUP 102 P pia RCL 63fi4-80 2002-04577 p RESTAURANT n I vAR 236! u>. CUP 3452 3 VAR 2336 ¢ WF1-12 4 U EACH ? ~~ ro r 1B w CUP 7433 GG ti,l su6auc6 RCLfi365-60 n~wc RM-0 RCL 866742 Z "~„ . .~ SNW-LSHOPS RM-4 ILLA DEL SOL 75-76-16 ARTMENTS fi3-64-76 207 DU RCL 67-62-66 CUP 192 VAR 1656 VILLA SAMOA' APTS 46 DU RM-4 LINCOLN AVENUE 1 PILL F) fi0E1-10] 7 CIIP 2033 CUP 246 AOJ 0156 -nu~ewruuau Tt ~' RGL 6465 D .~ i.~, LUP 200]-05267 ~~ ~ Ltt J ~. vnR 3x59 ~.~ICPA Za97-o6a56~`'~ ' Q T(MHP) ~~r^~:j t ou EACH L^ ~° ~ p RCL 82-83-28 241, CUP 2006-050fi8 CUP 2033 RMa Ra 2964-067z3 ._ CUP 35 SCUP 2004-04893. _ cur z66a-04e~ MOBILEHOME PARK TCWNHOME6 7a rJu RCL 76 ~-7a Mobile Name Park OVedey Zone T SCHWEITZER ELEMENTARY SCHOOL General Plan Amendment No. 2007-00456 Reclassification No. 20D7-00200 Conditional Use Permit No. 2007-05204 Tentative Tract Map No. 17047 . Requested By: LA VUE LLC 121 and 131 South Dale Avenue RS-2 1 DU.EA -t RS-2 a 1DU EA / ~ g //s \, O r & ':s ~ m ~ Subject Property Date: August 20, 2007 Scale: 1 ° = 200' Q.S. No. 13 10352 VAR 7970 1 OU EACH TOLA AVE Rs-z RCL fi7.68-72 7 Gu EAGH vaR 7we 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: {714)765.5139 Fax: (714) 765-5280. www.anaheim.net ITEM NO. ll PLANNING COMMISSION AGENDA REPORT. City of Anaheim PLANNING DEPARTMENT DATE: AUGUST 20, 2007 FROM: PLANNING DIRECTOR SUBJECT: GENERAL PLAN AMENDMENT N0: 2007-00456 RECLASSIFICATION N0.2007-00200. CONDITIONAL USE PERMIT NO. 2007-05204 TENTATIVE TRACT MAP NO. 17047 LOCATION: 121 and 131 South Dale Avenue APPLICANT/PROPERTYQWNER: Max Ebrahimzadeh, La Vue LLC REQUEST: The applicant requests approval of the following: (a) General Plan Amendment No. 2007-00456 -Request to amend the Land Use Element Map of the General Plan to redesignate the property from the Corridor Residential to the Low-Medium Density Residential designation. (b) ' Reclassification No. 2007-00200 -Request reclassification of the property from the RM-4 (Multiple-family Residential) zone to the RM-3 (Multiple-family Residential) zone. (c) Conditional Use Permit No: 2007-05204 -Request to construct a 14-unit attached single-family condominium planned unit development with modification of development standards and waiver of minimum setback between buildings. (d) Tentative Tract Map No: -17047 Request to establish a 1-lot, 14- unit airspace attached residential condominium subdivision. RECOMMENDATION: Staff recommends that the Commission, by motion, continue this item. to the September 5, 2007, Planning Commission meeting as requested by the applicant: BACKGROUND: This pTOperty is currently developed with two single-family residences and i5zoned Multiple-family Residential (RM-4): The General Plan designates this property and properties to the north and south for Corridor Residential land uses. Properties to the west and east are designated for Medium Density Residential land$ses and Low-Medium Density Residential land uses, respectively. GPA2007-00456 August 20, 2007 Page 2 of 2 Respectfully submitted, Concurred by, ~~ Acting Principal Planner Planning Director. Attachments• L Continuance Request Attachment -Item Ido. 11 August 8, 2007 Elaine Thienprasiddhi Anaheim Planning Department 200 S. Anaheim Boulevard Anaheim, CA 92805 Subject: Request for Continuance Ms. Thienprasiddhi, Please. accept this letter as my formal request to continue review of GPA2007-00456 and other associated entitlements to the September 5, 2007 Planning Commission meeting. Best regazds, Max Ebrahimzadeh