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PC 2008/01/23O ~ N d W (D ~ 0 3 d 3 y ~ N 3~ m m m o a? y ~ N ~ d ~ o ~~ 0 3 ~~-,• 3N N ~ N ~ o ~ ~ ?. d y N ~o 3~ >> :°. ~ a a 0 C 7 1D 3 M v c x d l0 N 0 N A ~_ n w fD 7 Q m Q C7 O 3 7 N v m a f0 0 D fD d n W n 0 7 7 O c Q 2 01 f~ N W 0 -o N N --i 0 C C'7 2 <D 61 7 (Q v ~DCn3 (gyp N N 7 - -~ ~; d fD '~~ o.v N CD ~ ~ N 7 Sao ~ ~~ C~< .(1 -p p A N ~. N .. `~ ~ a'• o ""'O O O C7 ~ 'O p' p ~ ~ 3 3 ~ < ~ . o~ O N ~- ~ fn O O N S ~ ~ v n v m ~ p N p ~l~ N N O .~. O N Oo ~ o~ ~ ~ a m d N N C N (A d O 0 a __, o m O S ? ~. ~. m~ ~ v ~. > O ~ ~ ~ ~ ~ o m ~~ CD ~ ~ 3 W 7 '"' ~ ~ ~ ~ O N D CD o v ~ O m 61 O - ~ ,. _ ~ ~ ~ 3 .n m c ~ N ~ CD S 7 v CD N N CD N (7 O p 0 o ~ C Q N Q bd. a®e ®o m ~ ~ (~ p ~ p~~~ e C = Ye e® a ~ ~ e m ~ m W o OO v Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and/or removed from the Consent Calendar for separate action. Reports and Recommendations Minutes 1-A. Receiving and approving the Minutes from the Planning Commission Meeting of November 26, 2007. Continued from the December 10, 2007, and January 7, 2008, Planning Commission Meetings. (Motion) 1-B. Receiving and approving the Minutes from the Planning Commission Meeting of December 10, 2007. Continued from the January 7, 2008, Planning Commission Meeting. (Motion) 1-C. Receiving and approving the Minutes from the Planning Commission Meeting of January 7, 2008. (Motion) H:ldocslclerical\agendas\(012308 ). doc (01 /23/08) Page 2 Public Hearina Items: 2a. 2b. Agent: Planning Department City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citywide City-initiated request (Planning Department) to amend various sections of Title 18 "Zoning" of the Anaheim Municipal Code to correct various errors and omissions, and clarify text and provide consistency with other Chapters of the Anaheim Municipal Code, including but not limited to, provisions to add a new Section to the code to clarify that any permit, license or evidence issued in conflict with the provisions of Title 18 shall be null and void. Proposed amendments include the following: Single-Family Residential Zones: modify permitted encroachments for accessory uses/structures to be consistent with the California Building Code; add a new section requiring certain accessory structures to conform to setback requirements for the primary residence; modify required rear yard setback in the RS-2 Zone; .Multiple-Family Residential Zones: allow modification to setbacks between buildings for a planned unit development; Commercial Zones: amend permitting requirements for Antennas-Telecommunications-Stealth Ground-Mounted; modify Educational Institutions-Business and Educational Institutions-General as uses subject to a conditional use permit; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add Floor Area Ratio (FAR) General Plan consistency reference; add Automotive-Car Sales, Retail or Wholesale (Office Use Only) as a permitted primary use; add Automated Tel}er Machines (ATM's) Exterior, Wall-Mounted as a permitted primary use; add Educational Institutions-Tutoring Services as a permitted use; modify Automotive-Car Sales & Rental provisions; Industrial Zones: modify provisions permitting Circuses and Carnivals; add Floor Area Ratio (FAR) General Plan consistency reference; amend permitting requirements for Antennas-Telecommunications-Stealth Ground-Mounted; add statement that Self-Storage Facilities be in compliance with Council Policy No. 7.2; add provisions for street frontage/land subdivision; add Automated Teller Machines (ATM's) Exterior, Wall-Mounted as a permitted primary use; .add Automotive-Car Sales, Retail or Wholesale (Office Use Only) subject to conditional use permit; add Educational H:\docs\clerica I\age n da s\(012308 ).d oc (01/23/08) Page 3 Institutions-Tutoring Services subject to conditional use permit; Public and Special Purpose Zones: modify the Transition "T" zone provisions to require General Plan consistency for conditionally permitted uses; South Anaheim Boulevard Corridor (SABC) Overlay Zone: amendment to allow attached single-family dwellings by conditional use permit in conformance with multiple-family zone standards; Mixed Use Overlay Zone: modify requirements for Ground- Floor Commercial Uses; Types of Uses: modify Personal Services-General to include permanent facial make-up; modify Medical & Dental Offices to include colonoscopy and laser hair removal services; add Automated Teller Machines (ATM's), Exterior, Wall-Mounted; Supplemental Uses: delete time limitation reference for wireless communication facilities approved by conditional use permit; modify parking requirements for home occupations; clarify process for waiving setback and screening requirements for public utility equipment; add Automotive-Car Sales, Retail or Wholesale, Office Use Only; modify Mechanical and Utility Equipment- Roof Mounted for solar energy panels; establish maximum size requirements for flags and banners; Parking: modify parking requirements for bowling alleys, second units, and establish standards for automated parking facilities; add parking requirements for Automotive Car Sales, Retail or Wholesale (Office Use Only) and Educational Institutions - Tutoring Services; Signs: modify window sign definition; modify the provisions for marquee or electronic readerboard signs; modify maximum height of letters and logos for wall signs; LandscapelScreening: modify requirements pertaining to landscape and fence height and type provisions; modify permitted types of landscape materials; Recycling: amend various Chapters to modify standards and procedures related to consumer recycling services; Nonconforming Structures: modify parking requirements in conjunction with the expansion ofnon-conforming structures in the Anaheim Colony Historic District and the 5 Points Neighborhood; Density Bonus: amend Chapter 18.52 (Density Bonuses) in its entirety to provide consistent formatting with Title 18 (Zoning Code) to allow for additional administrative approvals and various minor modifications and clarifications; Affordable Housing: delete Chapter 18.58 (Affordable Multiple-Family Housing Developments) in its entirety; Procedures: modify the appeal process for Zoning Administrator and Planning Commission decisions; modify responsibilities related to the Zoning Administrator; Administrative Reviews: modify requirements for Administrative Reviews; Variances: modify Special Findings for Variances; Definitions: modify definition of "Lots"; add definition for "General Plan Density". H:\docs\clerical\agendas\(012308). doc (01 /23/08 ) Page 4 Continued from the December 10, 2007., and January 7, 2008, Planning Commission meetings. 3a. CEQA EXEMPTION PER CEQA GUIDELINES SECTION 3b. AMENDMENT TO THE ANAHEIM RESOf PLAN NO. 92-2 (SPN2007-00052) Applicant: City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Approximately 26.7 acres located south of Katella Avenue and east of Raster Street (Assessor Parcel Nos. 137-321-14, 137-321-37, 137-321- 40, 137-321-48, 137-321-52, 137-321-61, 137- 321-62,137-321-85,137-321-94,and 137-321- 95) (see map below). o ~~ m ~ ~ '~ _ z ~~ ~ d`.9 ~q~ ~ 2 a ~~ `. X92 's'`', KA7ELLA AVE 9 '.` `'~. _•, Fly ~ ~~ 9p r ~ ~ ` ~'. m , ~ ~~ C}i } r. vL ~ ~ _ , ~t!G MANCHESTER AV ~ ~ ~L y~,~~' ~~ ~ ~ t s ~_~-~-I ~~ai ~'a ap `L'ea-. 'i' f 7~ +f'~„-+' q a a I 7°ry Y~'`~+~ d uw ~wKz ~p r~ p's it i t; 3 ~~ t`~ ~~' . ~ ~ 7}i f~ ~~~~~ ~~~~~'~ ~ i -Kr ,a ~~3 ,zt.w1 ~ a~}.i ut ~ s aF4 ^t rar , 3k fy~ 1+ ~iP's3 ~^ Key to Features Q Suhject Properties -- -.. The Anaheim ResortTM Boundary H:ldocslclerica I1ag e n d as\(012308 ). doc Project Planner: (cflores@anahelm. net) (01 /23/08) Page 5 This is a City Council initiated request to amend the Anaheim Resort Specific Plan by repealing development standards related to affordable housing that are included in the Anaheim Resort Residential Overlay and previously approved by Amendment No. 8 to the Anaheim Resort Specific Plan (SPN2006-00044) Specific Plan Amendment Resolution No. 4a. 4b. GENERAL PLAN AMENDMENT NO. 2007-00462 4c. RECLASSIFICATION NO. 2007-00210 4d. SPECIFIC PLAN AMENDMENT NO. 2007-00049 4e. CONDITIONAL USE PERMIT NO. 2007-05242 4f. 4g. 4h. 4i. 4j. Owner: P A Poon & Son lnc. 16841 Marina Bay Drive Huntington Beach, CA 92649 Agent: West Millenium Homes Derek Baak 1849 Sawtelle Boulevard #600 Los Angeles, CA 90025 Location: 2232 South Harbor Boulevard (the vacant Toys R Us site : Property is approximately 4.8 acres, having a frontage of 382 feet on the east side of Harbor Boulevard .and located 252 feet south of the centerline of Wilken Way. Request to develop a mixed use project consisting of a 105 room hotel, with 14,714 square feet of accessory commercial uses on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, 3 to 5 story condominium complex, including nine live/work units, on the eastern 3.3-acre portion of the project site. Proposed project actions include the following: General Plan Amendment No. 2007-00462 -Request to amend the General Plan to redesignate the eastern 3.3 acres of the property from the Commercial Recreation to the Mixed Use land use designation; Reclassification No. 2007-00210 -Request for a reclassification to change the zoning on the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan (SP92- Project Planner:. (skim@anaheim.nef) Request for continuance to February 4, 2008 H:\dots\clerical\agendas\(012308).doc (01/23/08) Page 6 2) zone to the Multiple Family Residential, Mixed Use Overlay (RM-4 (MU) Overlay) zone; Specific Plan Amendment No. 2007-00049 -Request to remove the eastern 3.3 acres of the property from the Anaheim Resort Specific Plan and increase the hotel density from Low Density to Medium Density for the western 1.5 acres of the property adjacent to Harbor Boulevard and to permit reduced front and interior setbacks and distance between driveways; Conditional Use Permit No. 2007-05242 - Request to permit a mixed use project with 191 condominium units, to include live/work units, for the rear 3.3-acre portion of the property, and fora 105-unit hotel with 14,714 square feet of accessory commercial uses on the front 1.5 acres of the property adjacent to Harbor Boulevard with waivers of minimum lot frontage adjacent to a pubiic or private street; Development Agreement No. 2007-00004 -Request for approval of a Development Agreement between the City of Anaheim and West Millenium to construct the proposed mixed use project; Final Site Plan No. 2007-00010 -Request for approval of a Final Site Plan for the proposed mixed use project; Tentative Parcel Map No. 2007-163 -Request to establish a 2-lot subdivision to separate the commercial and residential land uses; Tentative Tract Map No. 17219 - Request to establish a 191-unit condominium complex; and, CEQA Mitigated Negative Declaration and :Mitigation Monitoring Plan No. 149 -Request for approval of a CEQA Mitigated Negative Declaration (MND) and Mitigation Monitoring Program (MMP) No. 149 for the Toys R Us mixed use project. The MND and MMP has been prepared to serve as the primary environmental document for GPA2007-00462, CUP2007-05242, DAG2007-00004, FSP2007-00010, RCL2007-00210, SPN2007-00049, SUBTPM2007-163, and SUBTTM17219 and subsequent actions related to implementation of the project. Implementation is intended to include, but not be limited to, the approval of subdivision maps, grading permits., street improvement plans, final site plans, and other related actions for the Toys R Us mixed use project. Future actions related to the project that require additional discretionary review will utilize this document for CEQA purposes to the extent passible, consistent with Section 15070 of the CEQA Guidelines. General Plan Amendment Resolution No. Reclassification Resolution No. Specific Plan Amendment Resolution No, Conditional Use Permit Resolution No. _ Development Agreement Resolution No. , Final Site Plan Resolution No. Tentative Parcel Map Resolution No. _ Tentative Tract Map Resolution No. H:\docs\clerical\agendas\(012308 ).doc Project Planner.• (dsee@anaheim.net) (01 /23/08) Page 7 5a. CEQA CATEGORICAL EXEMPTION CLASS 1 5b. CONDITIONAL USE PERMIT NO. 2007-05280. WITH WAIVER OF CODE REQUIREMENT Owner: EI Bekal Temple Association Ina 1320 South Sanderson Avenue Anaheim, CA 92806 Agent: Steven Leu 933 West Alpine Avenue Santa Ana, CA 92707 Location: 1320 :East Sanderson Avenue: Property is approximately 1.3 acres, located at the southwest corner of Sanderson Avenue (EI Bekal Shrine Center) and Phoenix Club Drive with approximate frontages of 268 feet on the south side of Sanderson Avenue and 284 feet on the west side of Phoenix Club Drive. Request to permit a banquet facility with the consumption of alcoholic beverages, in conjunction with a fraternal organization facility with waiver of minimum number of parking spaces. Project Planner: Conditional Use Permit Resolution No. (dsee@anaheim.net) 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) 6b. CONDITIONAL USE PERMIT NO. 2005-05023 WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2007-05282) Owner: Elisa Stipkovich Anaheim Redevelopment Agency 201 South Anaheim Boulevard Anaheim, CA 92805 Clean City Inc. 128 West Sycamore Street Anaheim, CA 92805 Agent: Ed Perez 5753-G East Santa Ana Canyon Road #131 Anaheim, CA 92807 H:\does\clerical\agendas\(012308).doc (01 /23/08) Page 8 Location: 1108 West Lincoln Avenue (5 Points): Property is approximately 1 acre, located at the southwest corner of Lincoln Avenue and West Street with approximate frontages of 615 feet on the south side of Lincoln Avenue and 50 feet on the west - side of West Street. Request to amend apreviously-approved conditional use permit to refurbish a historically significant mixed use building to permit two apartment units, apublic/private park, and a Ruby's restaurant with sales and consumption of alcoholic beverages, outdoor dining and outdoor "car hop" service with waivers of minimum number of parking spaces, permitted type of roof, canopy and .blade signs, permitted type, size, Project Planner: number and letter height of wall signs, and permitted location (dsee@anaheim.net) of monument signs. Conditional Use Permit Resolution No. 7a. CEQA CATEGORICAL EXEMPTION. CLASS 1 7b. CONDITIONAL USE PERMIT NO. 2002-04610 WITH WAIVER OF CODE REQUIREMENT {TRACKING NO. CUP2007-05281) Owner: Muller-Macarthur, LLC 23521 Paseo De Valencia Laguna Hills, CA 92653 Agent: Zohreh Shayan 125 West Cerritos Avenue Anaheim, CA 92805 Location: 125-157 West Cerritos Avenue: Property is approximately 12.3 acres, located at the southwest corner of Cerritos Avenue and Anaheim Boulevard and having an approximate frontage of 600 feet on the west side of Anaheim Boulevard. Request to reinstate a conditional use :permit for an adult daycare with waiver of minimum number of parking spaces and to amend or delete a condition of approval pertaining to a time limitation. Project Planner. Conditional Use Permit Resolution No. (mashabi@anaheim.net) H:\docs\clerical\agendas\(012308).doc (01123/08) Page 9 8a. CEQA CATEGORICAL EXEMPTION CLASS 1 8b. CONDITIONAL USE PERMIT NO. 3959 WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2007-05278) Owner: Fiesta Properties LLC Fiesta Mexicana 1950 South Sterling Avenue Ontario, CA 91761 Agent: Robert Vermeltfoort Vermeltfoort Architects, I 8525 North Cedar Suite 106 Fresno, CA 93720 Location: 1221 South Anaheim Boulevard: Property is approximately 2.77 acres, having a frontage of 438 feet on the west side of Anaheim Boulevard and 381 feet on the east side of Iris Street and located approximately 200 feet south of Ball Road. Request to amend Conditional use Permit No. 3959 to remodel the exterior fagade of a retail center and reconfigure the parking area with a new waiver of parking requirements. Continued from the January 7, 2008, Planning Commission meeting. Conditional Use Permit Resolution No. 9a. CEQA CATEGORICAL EXEMPTION CLASS 11 9b. VARIANCE NO. 2007-04741 Owner: 888 Milan R E LLC, 888 South Disneyland Drive #101 Claus Dieckell Anaheim, CA 92802 Agent: John Roetman 20361 Hermana Circle Lake Forest, CA 92630 Location: 888 South Disneyland Drive: Property is approximately 3.13-acres, having an approximate frontage of 350 feet on the east side of Disneyland Drive and located approximately 780 feet north of the centerline of Ball Road. H:\docs\clerical\agendas\(012308 ).doc Project Planner: (mashabi@ anaheim. net) (01 /23108 ) Page 10 Request to permit two (2) additional wall signs for an existing office building in The Anaheim Resort with waiver of maximum number of wall signs. Project Planner: (dherrick@ anah elm. net) Variance Resolution No. - - 10a. CEQA CATEGORICAL EXEMPTION. CLASS 1 10b. MISCELLANEOUS PERMIT NO. 2008-00235 Owner: Evangelical Christian 955 West Imperial Highway P.p. Box 2400 Brea, CA 92822 Harvey Loebel P:O. Box 3000 Anaheim, CA 92803 Agent: Ross Maxwell 252 Esther Street Costa Mesa, CA 90000 Location: 1150 North Magnolia Avenue: Property is approximately 2.3-acres, located at the southeast corner of Woodland Drive and Magnolia Avenue, having approximate frontages of 260 feet on the south side of Woodland Drive and 318 feet on the east side of Magnolia Avenue. Request to consider an appeal of the City Engineer's denial of a request to waive public right of way improvements associated with an expansion of an existing office building. * Advertised as Variance No. 2007-04740 Project Planner: Va~18RCe Resolution NO. (dherrick@anaheim.net) 11a. CEQA NEGATIVE DECLARATION 11b. CONDITIONAL USE PERMIT NO. 2007-05279 WITH WAIVER OF CODE REQUIREMENT Owner: Isaac Alchalel 2663 South Malt Avenue Commerce, CA 90040 Agent: Mark Botich CBA Architects 20280 Acacia Street #230 Newport Beach, CA 92660 H:\docs\clerical\agendas\(012308).doc (01 /23/08 ) Page 11 Location: 1900 and 1990 West Crescent Avenue: Property is approximately 5.9 acres., located at the southwest corner of Crescent Avenue and Muller Street, having approximate frontages of 618 feet on the south side of Crescent Avenue and 280 feet on the west side of Muller Street. Request to permit school and daycare uses associated with a church with less parking spaces than are required by Code. Conditional Use Permit Resolution No. Project Planner: (skoehm@anaheim. net) Adjourn To Monday, 'February 4, 2008 at 1:00 P.M. for Preliminary Plan Review. H:\dots\clerical\agendas\(012308).doc (01123/08) Page 12 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 2:00 p.m. January 17, 2008 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND C IL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days .after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765-5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714-765-5139. M:\does\clerical\agendas\(012308).doc (01 /23/08) Page 13 SCHEDULE 2008 January 7 January 23 (Wed.) February 4 February 20 (Wed) March 3 March 17 March 31 April 14 April 28 May 12 May 28 (Wed) June 9 June 23 July 7 July 21 August 4 August 18 September 3 (Wed) September 15 September 29 October 13 October 27 November 10 November 24 December 8 .December 22 (Cancelled) H:\docs\clerical\agendas\(012308 ).doc (01 /23108) Page 14 Item No. 2 xTu z~ _ w ~ 3w » j; C SAO r0o a ~V aH ma `s< mn wx zc uS6 wt°ug xm .a 3a _ ~m 3J°a sd0 'uua U4~ C(iANGEiHGflPE AVEN VE IA PAUAA AVENVE LINCOLN AVENVE RWV ai 39 ~ ~v WIiELLA ~ ~ AVFNpE CHA PM1IAN nVFN VE o ~= n ~~. xn xa m wm xo xin ~ n.,~ Zoning Code Amend ment No. 2006-00052 ~ Subje ct Property Date: January 23 , 2008 Citywide ioa2s ITEM N0.2 PLANNING COMMISSION AGENIDA REPORT City Of Anaheim PLANNING DEPARTMENT DATE: JANUARX 23, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: ZONING CODE AMENDMENT NO.2006-00052 - `LOCATION: Citywide APPLICANT: Planning Department REQUEST: This is aCi-initiated request to amend various sections of Title 18 "Zoning" of the Anaheim Municipal Code. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, recommend to City Council that the previously-certified Final Environmental Impact Report No. 330 serve as the appropriate environmental documentation. (b) By motion, recommend to City Council that the attached Draft Ordinance for Zoning Code Amendment No. 2006-00052 be approved. BACKGROUND: This heazing was continued from the December 10, 2007, and January 7, 2008, Planning Commission meetings to allow time for staff to finalize the requested amendments. A comprehensive update to Title 18 (Zoning Code) was adopted by the City Council on June 8, 2004. Since its .adoption, Title 18 has been amended from time to time to refine its provisions on an as-needed basis. PROPOSAL: The Planning Director has initiated the proposed code amendments to correct vazious errors and omissions, to further clarify existing code provisions and to add new standazds, including several related to Density Bonuses and Recycling Facilities. A detailed listing of each of the proposed amendments is provided in Attachment 1. A draft Ordinance with Exhibits A through H has been provided to the Planning Commission as Attachments 2 and 3. ANALYSIS: Staff believes that the proposed zoning code amendments will serve to provide cleazer guidance to those using the document and will further promote quality development within the community. Therefore, staff recommends approval of this request. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: {714) 765-5280 www.anaheim.net ZONING CODE AMENDMENT' NO. 2006-00052 January 23; 2008 Page2of2 Respectfully submitted, Con e by, ~ . Principal Planne~ ~ ing ServJCes Manager Attachments: 1. Detailed listing of amendments The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division at City Hall. 2. Draft Ordinance 3. Exhibits A through H O z H G=~ 4 d N h 0 0 0 O O U N O ~ ~ c~ m ~ b ~ ~ c ~ Y°o ~ .. 'g ~ • '° ~ o .. ~ m .~ no q ~ o .n v ~ ,~' c U g ~' ~+ ~ ~"~ , cu ~.m ~ ~ y ~, ab ~ ~ E ~, c q o a~ p c .d ~ a w ~ , y .`Ti y 7~ O U y ~.~ g ~ O O ~ ~b ~ O ~ U~ C p ow ~ O . ,~ . ~ ~ . ~ ern g ~ ° ~ g b C 3 cr ~'U o m enc °o g ~' g ~ ~w a ~ ~ N U m o m ~i O cy td ~ A O N y O N Q J H O C YO p Y~ g ~, 4 .C. ^.' ~^ ~ ~ ~QQ N N O N vi N p y R' ^~ q " ma ° ~ aqQ ® F~ ' c ~ o • 5~ G 4°4 q ~ ~ ~ ~' ~' ~ ° ° w ~ .g ~ ~ V] A ~ ~ U T b N M O. ~ M : .g G 0. ~ ~ ~ C .C ~' ~ c~ O 'C q ~ ~ N U veg., GUG .~ ~ y w ~ ro " J• ~ ... m 9 ~ ' 4 " ~ ~ c b c JG w gg d, o u i c ~ ~ g ~ o V ~ v ~ ~ ~ N . ~ a'"a y ~ v^6 ~•Y°o o a, ay '~~ °~. spiv ~ ~w E'c ~ m ~ ~ ~ . 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N Gr a2n rc pl^uNEYlA4p ESIPLOYEE ~ti PARIIING `~, RMO MELPLNA APAIITAI=M6 CO UN:T$ RM-0 GW. fll$E PALAI$ APARtF1FNI'u^ $6 VNIt$ RM-0 FREN^.H GUMTER PPARrM1SNT3 132 VNR6 I- lu :m I ° • `\\ y~ S~ .~ 9. °a `q^ 3~T.x C 'yl ECi "D °® vi .` °d KATELLH AVENUE W'2 1 ~G~iR0.H ~ m a v vALANr sP 62a m j ~~ GEL RAT MOBILE ESTATES p MppILE HOME PART( 2 APib pPT6 PF(5 dpU dpU OpU BOU CpU RMd APrR PPr6 PFrB AEG 6pu dw epU epu apu LEATRICE LN - RMi aA< :1[lloAfAlA1r APTR gPTG APrs ARTS aPFG aou TGU Tpu '. 4GU dGU opu bpu apu -' Subject Property Date: January 23, 2006 Amendment to the Anaheim Resort Specific Plan No. 92-2 (SPN2007-00052) Southeast corner of Katella Avenue and Haster Street N Z ELEFR?G6 AVf p~ Y/ KATE ~ LLAAVE u ~ E~AtfLIAAVE W P' p ~ 6' r °, 0 ~~~~ t EpMNGEWppGAV E W 10447 e' G Si Pf-2 CiAYBRC]pE SURE^v PNN1EIM Hpupnvmrv aaHEDn RESpgr APtC gPrb gFrB < AITG APrC APib APrA APTC: API9 ryN4 IOU )pU tlpU )pUITDU )DU )pU GGU 4OV W 4pV 4pU. 24pU WAI(EFIEID AVE 5 r' T(MNPI RMi APts PP(6 q!?9 AFr3 APfO Mfp 22 p11 6GV iDV )DV 14 pU 6OV 4GU AA41 G APr6 APr6 INLAYMto'FT APIC TOV 12 V GpV GpV IPfC x5 pu 4pV Aerial Pholo: July 2006 Subject Property Date: January 23, 2008 Amendment to the Anaheim Resort Specific Plan No. 92-2 (SPN2007-00052) Southeast corner of Katella Avenue and Haster Street ecew~irosavu ~ [ f W. KATE LLAAVE~ y ~ EKATELUAVE U o N J < ~ ~~~~ vi EOMNGEWOOOAVE 10447 ITEM NO.3 PLANNING COMMISSION AGENI9A REPORT City of Anaheim PLANNING bEPARTMENT DATE: JANUARY 23, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: AMENDMENT TO THE ANAHEIM RESORT SPECIFIC PLAN NO: 2007-00052' LOCATION: Approximately 26.7 acres located south of Katella Avenue and east of Haster Street. REQUEST: This is a City Council-initiated request to amend the Anaheim Resort Specific Plan by repealing development standazds related to affordable housing that are included in the Anaheim Resort Residential Overlay asprevously approved by '` Amendment Na 8'to the Anaheim Resort Specific Plan (SPN2006-00044). RECOMMENDATION:' Staff recommends that the Commission take the' 'following actions: (a) By motion, determine that Specific Plan Amendment No. 2007-00052 is exempf from CEQA. (b) By resolution, recommend that the City Council approve Specific Plan Amendment No. 2007-00052. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 768-5139 Fax: (714) 765-528D www.anaheim.net BACKGROUND: In Spring 2007, the City Council approved amendments to the General Plan (GPA2006-00448) and'the Anaheim Resort .Specific Plan (SPN2006- 00044) that provided criteria to allow residential development of the subject properties when such development included rental units affordable to low and very- low income households. These approvals were followed by litigation and the submission of a referendum petition which required the City Council to reconsider its approval of the: General Plan Amendment. In August 2007, the City Council reconsidered the General`Plan Amendment and voted to place the amendment on the June 3 2008 ballot. In October 2007, the City received a written notice from SunCal Companies, a proponent of the amendments who had indicated a desire to develops residential project on the subject properties, indicating that it would no longer continue to seek or advocate City approval of the amendments: A development application for the property was never filed by SunCal. SPECIFIC PLAN AMENDMENT N0.2007-00052 January 23, 2008 Page 2 of 2 On November 27, 2007, City Council repealed the General Plan Amendment, withdrew the referendum from the June 3, 2008 ballot and initiated repeal of the specific plan amendment:- Because the specific plan amendment was not the subject of the referendum petition, the City Council could not repeal the amendment without referring.the matter first to the Planning Commission for a public hearing and a recommendation in accordance with the established procedures set forth in the Anaheim Municipal Code.. ANALYSIS: Following is an analysis of the proposed projectactions: CEQA Exemption: Specific Plan Amendment No. 2007-00052 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3). The specific plan amendment is covered by the general rule that CEQA only applies to projects which have a potential for causing a significant effect on the environment. In that the proposed specific plan amendment will3epeal the previous specific plan amendment, there is no possibility that the proposed amendment will have a significant effect on the. environment and is, therefore, not subject to CEQA. Specific Plan Amendment: The City Council's repeal of GPA2006-00448 has created an inconsistency between the General Plan and the Anaheim Resort Specific. Plan. The General. ', Plan no longer allows wholly-residential developmenton the subject properties while the ' Anaheim Resort. Specific Plan still has development criteria for such development. The proposed amendment removes the criteria for such development from the Specific Plan, as indicated in the attached Draft City Council Ordinance (Attachment No. 2). I CONCLUSION: The proposed specific plan amendment would provide consistency between the General Plan and the Anaheim Resort Specific Plan as described above. Therefore, staff recommends approval of this request. : Respectfully submitted, Co curred by, ~. ( J Principal Planner Panning Services Manager Attachments 1. Draft. Specific Plan Amendment Resolution 2. Draft City Council Ordinance The following attachment was provided to the Planning Commission and is available for ' public review at the Planning Services Division at City Hall. , 3. Environmental Assessment ~DUaIFTJ ATTacxlvtElvT rI®. I< RESOLUTION NO. PC2008-*** A RESOLUTION OF THE CITY OF ANAHEIM PLANNING COMMISSION RECOMMENDING ADOPTION OF AN AMENDMENT TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2 AND AMENDING ORDINANCE NO. 5453 ACCORDINGLY WHEREAS; on Apri129, 1986, City Council of the City of Anaheim adopted Ordinance No. 4709 to establish uniform procedures for the adoptionand implementation of Specific Plans for the coordination of future development within the City, and "Zoning and Development standazds" when the Specific Plan includes zoning regulations and development standazds to be substituted for existing zoning under the Zoning Code, which "Zoning and Development Standards" shall be' adopted by ordinance independent of the rest bf the Specific Plan; and WHEREAS, the City Council of the City of Anaheim adopted the Anaheim Resort Specific Plan (ARSP) No. 92-2 on September 27, 1994, to provide a long range, comprehensive plan for future development of approximately 549-acres within the Anaheim Resort. The Specific Plan includes zoning and development standards, design guidelines and a public facilities plan, and permits the development of hotellmotel, convention, retail and other visitor-serving uses; and WHEREAS, in connection with the adoption of ARSP No. 92-2, the City Council certified Enviromnenta] Impact Report No. 313, with a Statement of Findings and Facts and a Statement of Overriding Consideration, and adopted Mitigation Monitoring Program No. 0085; and WHEREAS, on June 3; 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to ARSP No. 92-2, Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67-acre pazcel into the ARSP No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the ARSP No. 92-2, a request to amend the zoning and development standazds to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998, and the petition was subsequently withdrawn by the applicant at the Januazy 26, 1999, City Council meeting; and WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating to Adjustment No. 1 to the ARSP No. 92-2, which adjustment amended the Zoning and Development standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local street status of Convention Way; and WHEREAS, on July 27, 1999, the City Council adopted Ordinance No. 5964 .amending Ordinance Nos. 5454 relating to Amendment No. 3 to ARSP No. 92-2, which amendment revised the legal description and boundazies of the ARSP by reclassifying and incorporating a 0.73-acre pazcel into the ARSP No. 92-2 Zone; and - 1 - PC2008-*** WHEREAS, on September 21, 1999, the City Council adopted Ordinance No. 5703 relating to Adjustment No. 2 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement for properties adjacent to Manchester Avenue between Katella Avenue and the southern boundary of the ARSP Area; and ' WHEREAS, on May, 1, 2001, the City Council adopted Ordinance No. 5769 relating to Adjustment No. 3 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary pazking requirements; and. WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 amending Ordinance No. 5453 relating to Adjustment No. 4 to the ARSP No. 92-2, which adjustment amended the Zoning and Development Standazds set forth in Chapter 18.48 of the Anaheim Municipal Code relating to office uses in a legal non-conforming building; and WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5922 amending Ordinance No. 5454 relating to Amendment No. 5 (which also incorporates Amendment No. 4) o the ARSP No. 92-2, which. amendment revised. the legal description and boundazies of the ARSP by reclassifying and incorporating 27 acres into the ARSP No. 92-2 Zone; and WHEREAS, on February 8, 2005, the City Council adopted Ordinance No. 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standazds pertaining to the establishment of mini-mazket/convenience mazkets as accessory uses in conjunction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on September 12, 2006, the City Council adopted Ordinance No. 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the ARSP No. 92-2, which amendment modified the Zoning and Development Standazds pertaining to the establishment of an ARR (Anaheim Resort Residential) Overlay to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas; and WHEREAS, on Apri124, 2007, the City Council approved General Plan. Amendment No. 2006-00448, to amend the Commercial Recreation land use designation to allow wholly-residential development as a permitted land use in The Anaheim Resort and introduced Ordinance No. 6058 amending Ordinance No. 5453 relating to Amendment No. 8 to the ARSP No. 92-2, which amendment relates to modifications to the Zoning and Development Standazds pertaining to development criteria for wholly-residential development within the ARR Overlay on a designated 26.7 acre site within the ARSP Area; and.. WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 approving Amendment No. 8 to the ARSP No. 92-2; and WHEREAS, on November 27, 2007, the Anaheim City Council, by Resolution No. 2007-226, repealed General Plan Amendment No. 2006-00448 and approved a motion initiating - 2 - PC2008-* the repeal of Amendment No. 8 to the ARSP No. 92-2 and referring such matter to the City staff and Planning Commission for further proceedings and recommendation; and WHEREAS, Specific Plan Amendment No. 2007-00052 is proposed to repeal modifications to the Zoning and Development Standards, previously approved by Amendment No. 8 to the ARSP No. 92-2; and WHEREAS, the Anaheim Planning Commission did hold a public heazing at the Anaheim Civic Center; Council Chamber, 200 South Anaheim Boulevazd, on January 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required bylaw and in .accordance with the provisions of the Anaheim Municipal Code, to hear and consider evidence for and against Specific Plan Amendment No. 2007-00052, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, at the time and place fixed for said public hearing, the Anaheim Planning Commission did hold and conduct such public hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports, and did consider the same; and WHEREAS, the Anaheim Planning Commission does find, after cazeful consideration of all evidence and reports submitted to said Commission, and all evidence and reports offered at said public heazing; that all of the fmdings set forth in Section 18.72.060 of the Anaheim Municipal Code required for the recommendation for approval of said specific plan amendment aze present for the following reasons: 1. That the properties proposed for the specific plan amendment have unique site chazacteristics, such as topography, location or surroundings, in that the subject properties for Specific Plan Amendment No. 2007-00052 aze the same properties as the subject properties for Amendment No. 8 to the ARSP No. 92-2; 2. That the specific plan amendment is consistent with the goals and policies of the General Plan, and with the purposes, standards and land use guidelines therein, in that the subject properties aze designated by the General Plan for Commercial Recreation land use, a land use designation that does not permit wholly-residential land uses; and, therefore development standazds related to such residential land uses should be removed from the ARSP No. 92-2; 3. That the specific plan .amendment results in development of desirable chazacter that will be compatible with existing and proposed development in the surrounding neighborhood; contributes to a balance of land uses throughout the City; and, respects environmental, aesthetic and historic resources consistent with economic realities, in that Specific Plan Amendment No. 2007-00052 will repeal development standards approved by Amendment No. 8 to the ARSP No. 92-2, related to a residential land use that is no longer permitted by the General Plan. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEOAI FINDINGS: That the Anaheim Planning Commission has reviewed the proposal and does hereby fmd that Specific Plan Amendment No. 2007-00052 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) in that the specific plan amendment is covered by the general rule that CEQA only applies to projects which have a potential for causing a significant effect on the environment, and - 3 - PC2008-*** that it can be seen with certainty that there is no possibility that the Specific Plan Amendment No: 2007-00052 may have a significant effect on the environment and is, therefore, not subject to CEQA. NOW, THEREFORE, BE IT RESOLVED that, pursuant to the above findings, the Anaheim Planning Commission does hereby recommend City Council approval of Specific Plan Amendment No. 2007-00052 as described above. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2008. 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 ) - 4 - PC2008--* I, Grace Medina, Senior Secretazy 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 Januazy 23, 2008, 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 2008. SECRETARY, ANAHEIM PLANNING COMMISSION - 5 - PC2008-*** ATTACHMENT N0.2 (DRAFT] ORDINANCE NO. AN ORDINANCE OF THE C[TY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AMENDMENT TO THE ANAHEIM RESORT SPECIFIC PLAN NO. 92-2, AMENDING ORDNANCE NO. 5453, AS PREVIOUSLY AMENDED, AND AMENDING ZONING AND DEVELOPMENT STANDARDS SET FORTH IN CHAPTER 18.116 OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, pursuant to the procedures set forth in Chapter 18.72 (formerly, Chapter 18.93) of the Anaheim Municipal Code, on September 27, 1994, the City Council of [he City of Anaheim adopted Ordinance No. 5454 amending the zoning map to reclassify certain real property described therein into the Anaheim Resort Specific Plan No. 92-2 zone subjecf to certain conditions as specified therein, and Ordinance No. 5453 relating [o establishment of Zoning and Development Standards for the Anaheim Resort Specific Plan No. 92-2 by the addition of Chapter 18.48 [subsequently renumbered as Chapter 18.116] [o said Code; and WHEREAS, on June 3, 1997, the City Council adopted Ordinance No. 5599 amending Ordinance No. 5454 relating to the Anaheim Resort Specific Plan No. 92-2; Amendment No. 1, which amendment revised the legal description and boundaries of the Anaheim Resort Specific Plan by reclassifying and incorporating a 4.67-acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, Amendment No. 2 to the Anaheim Resort Specific Plan No. 92-2, a request [o amend the zoning and development standards to add "Coffee House" as a conditionally permitted accessory use in conjunction with an automobile service station, was denied by the Planning Commission on October 12, 1998 and the petition was subsequently withdrawn by the applicant at the January 26, 1999 City Council meeting; and. WHEREAS, on May 18, 1999, the City Council adopted Ordinance No. 5685 amending Ordinance No. 5453 relating [o Adjustment No. 1 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to structural setbacks and yard requirements to reflect the local sheet status of Convention Way; and WHEREAS, on 7uly 27, 1999, the City Council adopted Ordinance No. 5964 amending Ordinance No. 5454 relating to Amendment No. 3 [o the Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundaries of [he Anaheim.. Resort Specific Plan by reclassifying and incorporating a 0.73-acre parcel into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, on September 21, 1999, the City Council. adopted Ordinance No- 5703 amending Ordinance No. 5453 relating to Adjustment No. 2 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal Code relating to the minimum landscape setback requirement For properties adjacent to Manchester Avenue between Ka[ella Avenue and [he southern boundary of the Anaheim Resort Specific Plan Area; and WHEREAS, on May 1, 2001, the City Council adopted Ordinance No. 5769 amending Ordinance No. 5453 relating to Adjustment No. 3 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended the Zoning and Development Standards se[ forth in Chapter 18.48 of the Anaheim Municipal Code relating to temporary parking requirements; and WHEREAS, on April 26, 2004, the City Council adopted Ordinance No. 5910 .amending Ordinance No. 5453 relating to Adjustment No. 4 to the Anaheim Resort Specific Plan No. 92-2, which adjustment amended [he Zoning and Development Standards set forth in Chapter 18.48 of the Anaheim Municipal. Code relating to office uses in a legal non- conforming building; and WHEREAS, on June 8, 2004 the City Council adopted Ordinance No. 5922 amending Ordinance Nos. 5453 and 5454 relating to Amendment No. 5. (which also incorporates Amendment No. 4) to the Anaheim Resort Specific Plan No. 92-2, which amendment revised the legal description and boundazies of the Anaheim Resort Specific plan by reclassifying and incorporating 27-acres into the Anaheim Resort Specific Plan No. 92-2 Zone; and WHEREAS, on February 8, 2005 the City Council adopted Ordinance No: 5954 amending Ordinance No. 5453 relating to Amendment No. 6 to the Anaheim Resort Specific Plan No. 92-2, which amendment modified the Zoning .and Development Standards pertaining to the establishment of mini-markeUconvenience markets as accessory uses in conjunction with a relocated service station and prohibition of tow truck operations in conjunction with service station facilities; and WHEREAS, on August 22, 2006 the City Council adopted Ordinance No, 6036 amending Ordinance No. 5453 relating to Amendment No. 7 to the Anaheim Resort Specific Plan No. 92-2, which amendment modified the Zoning and Development Standards: pertaining to the establishment of the Anaheim Resort Residential (ARR) Overlay Zone to provide the opportunity to develop residential units in conjunction with high-quality, luxury hotels within targeted areas ("Amendment No. 7"); and WHEREAS, on April 24, 2007, the City Council approved General Plan Amendment No. 2006-00448, to amend the Commercial Recreation land use designation to allow wholly-residential development as a permitted land use in The Anaheim Resort and introduced Ordinance No. 6058 amending Ordinance No. 5453 relating [o Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2, which amendment relates to modifications to the Zoning and Development Standards to provide the development criteria for residential development on a designated 26.7 acre site within the Anaheim Resort Specific Plan zone; and WHEREAS, on May 8, 2007, the City Council adopted Ordinance No. 6058 approving Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2; and z WHEREAS, on November 27, 2007, the Anaheim City Council, by Resolution No. 2007-226, repealed General Plan Amendment No. 2006-00448 and approved a motion initiating [he repeal of Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2 and referring such matter to the City staff and Planning Commission for further proceedings and recommendation; and WHEREAS, Specific Plan Amendment No. 2007-00052 is proposed repeal modifications to the Zoning and Development Standardsapproved by Amendment No. 8 [o the Anaheim Resort Specific Plan No. 92-2, and WHEREAS, on January 23, 2008, the Planning Commission held a public hearing concerning Specific Plan Amendment No. 2007-00052 and recommended that the City Council £nd and determine that Specific Plan Amendment No. 2007-00052 is exempt from CEQA and approve Specific Plan Amendment No. 2007-00052; and WHEREAS, at a duly noticed public hearing on January 29, 2008, the City Council reviewed Specific Plan Amendment No. 2007-00052, considered the recommendations of the Planning Commission, and considered all public testimony submitted regarding these matters; and WHEREAS, [he City Council did find and determine that Specific Plan Amendment No. 2007-00052 is exempt from CEQA pursuant to CEQA Guidelines Section 15061(6)(3) in that the specific plan amendment is covered by thegeneml rule that CEQA only applies to projects which have a potential for causing a significant effect on the environment, and that it can be seen with certainty that there is no possibility that Specific Plan Amendment No. 2007-00052 may have a significant effect on the environment and is, therefore, not subject to CEQA, and WHEREAS, the City Council does find and determine that Specific Plan Amendment No. 2007-00052 should be approved and that the evidence presented shows that all of the conditions exist as set forth in Anaheim Municipal Code Section 18.72.060, as follows: ]. That the properties proposed for the specific plan amendment have unique site characteristics, such as topography, location or surroundings, in that the subject properties for Specific Plan Amendment No. 2007-00052 aze the same properties as the subject properties for Amendment No: 8 to the Anaheim Resort Specific Plan No. 92-2; 2. Thatthe specific plan amendment is consistent with the goals and policies of the General Plan, and with the purposes; standards and land use guidelines therein, in that the subject properties aze designated by the General Plan for Commercial Recreation land use, a land use designation that does not permit wholly-residential land uses; and, therefore, development standards related to such residential land uses should be removed from the Anaheim Resort Specific Plan No. 92-2; 3. That the specific plan amendment tesults in development of desirable character that will be compatible with existing and proposed :development in the surounding neighborhood; contributes to a balance of land uses throughout the City; and, respects environmental, .aesthetic and historic resources consistent with economic realities, in that 3 Specific Plan Amendment No. 2007-00052 will repeal development standards approved by oeleMd: (q Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2, related to a residential land use that is no longer permitted by [he General Plan. y Deleted: , pr (iq pp prppmties designmea rpr AlTpraahle Hpaaing ;, Oppommifies far Very Low pnd Low- :; NOW THEREFORE Income Fpmilies (Afrdidoble Hpusmg) , , THE CITY COUNCIL OF THE CITY OF ANAHEIM ii HEREBY ORDAINS AS FOLLOWS: Deleted:-Ham Reaiaenees ;: Deleted: .025, Apprpvd-Anordable Housing. Projeds thp[me developed { v¢ording to the stvndmds ofNe ARR :; SECTION t ~ Ovmlay ns ARardnblc I lousing shell be a . j pcmdtted use subject la mid pmccssed ns aMpster Plmmcd Developmrn[undu That Ordinance No. 5453, as reviousl amended, be and the same is hereb , ~: P y y subsection 18.116.040.060 (MVSmr Planned Owplppmcnts)wd shell npl amended to revise the Zoning and Development Standards in Chapter 18.116 (formerly, Chapter ~' rew~==ondidnnal nse Pmt 9 18.48) of the Anaheim Municipal Code, as set forth below. Deleted: either q .0601 . Hotel Residrnrts. Devclppment shall indade SECTION 2. ~. Deleted: ¶ q That Section .125 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: s Deleted:.o6ar. Alrurdahm Hpnaing. ;; Raidmad devclopmrnt shill meet the ;: following requiremrnts:q "18.116.125 ANAHEIM RESORT RESIDENTIAL (ARR) OVERLAY. " 01. Developments phvll be lowed pn a ti site designated forAnordable Housing .010 Purpose. The purpose Df the ARR Overlay is to provide the o ortuni to ~; ! " PP ty ; Oppommthu for Very Low end Lpw- Income Fvmilies az now I~ , , s s on develop residential units~n conjunction with high-quality, luxury hotels (Hotel Residencesk ;; ! i Anawnenr A m oMinon« N°. papplcapn zom :' .020 Approval, Projects that are-developed accordingao_thestandards of the ARR i ; i (Amrndmrnt No. H to the Anphcim RespnsperifipPlenNp.9z-z).q Overlay as Hotel Residences require approval of a final site plan and a conditional use permit as q provided for in Section 18.116.040 and may require a development agreement as determined by ; ...02. Filleen percrnl (IS%)ofthe emits anall be vlTpNvble mmti-ramay the Planning Director and processed according to the procedures set forth in Resolution No. 82R- ' ~ '°'~ mils rnr very Ipw ana Ipw-incpme ; 565 (Procedures Resolution) adopted by the City of Anaheim pursuant to Section 65865 of the hpuuhalds ns defined 6elpw.a g Development Agreement statute. . . (a). Twenty pemrnl (20%) of the mt°mable rrnw mria shml nn"e rent, 1haz me vtrardeble to very low inwme 030 Location. The residential overlay b oundaries are identified on Attachment A to ~ fvnilia whose incomes aR vt 50%m , _ , ._._._... .. ___ ... .._.. ... .... _... __.. -- Ordinance 6036 adopted on September 12, 2006 (Amendment No. 7 to The Anaheim Resort lessof the annually-published HllD mea mdian inwme.q Specific Plan No. 92-2) and include those areas within the C-R District located east of Anaheim q Boulevard/Haster Street and those areas within the C-R District located south of Wilkes Wa . li y 3 'ro)' E'~'ryP°°°'t (eor;) prtne pfrprdvblermW uniLa shall haverrnts diet me n[foNable tp low income families .040 Option to Use Underlying Zone. The provisions of this section shall not apply to j wnpseinppmepamm60%eneaaprtne pfthe vnnuNly-published HUD plea parcels that have been or are proposed to be developed entirely pursuant to the underlying C-R it mcdivn inwme. q District, provided that all requirements of the underlying District are met by the project except as q specificafly approved otherwise by variance or other official action by the City. .. (c) . The obove affordability myuiremrnls droll be met mgaraleaa of Ne evailebiliry ofmry subsidies. The .050 Residential Zone: The ARR Overlay shall not be considered a residential zone, term "subsidy" does not include (v) the pbtainivg prtmc mndirs ppmmnup where such designation requires properties that develop adjacent to residential zones to meet i section 4x nrtne lmemal Revrnae cpae, additional setback andhei ht restrictions. g rnrmrya(rpraamenpp~ingpmj~t(n>ine provision oFbond finencing pursuant to .060 Uses. Projects developed pursuant [o the ARR Overlay may include any of the Cvn(omie m Ceaeml law, or (c) any monies ttmde mpilvhlc from mry saurrs, uses permitted or conditionally permitted iD the underlying C-R District and shall include ' ~ : wnetncgwemmental prp""a"'so lovg ... _.. _ minimum three hundred (300) room full-service hotel that complies with California Civil Code es such monip do notnqune the expenaiturcprcity funaa pr Section 1940(6)(2) and may include residential uses as accessory to the hotel Reaevempmrnt Ageney mania.9 ,, _..,. - - ...03. Dcelpmnent shall nptm .070 Development Standards. All development standards established for the C-R District shall be applicable to the ARR Overlay. ,In addition, Hotel Residences shall meet the _ oelerea:nR°ra°niex°°si°6 following requirements: .._.___...._,_-_--_.__._..,._,_..,_........~ devil°pmemprap°svlssLWlmeame requirements of o Master Planned .0701 New Construction. The Residential Overla shall a I to new Development undo subsenion Y PP Y 18.1(6.040.060 (Mnsler Planned construction only and not to projects that are renovations or remodels. The conversion of existing Devempmenls). hotels rooms to dwelling units is prohibited. .0702 Integration of Uses. All residential units shall be physically integrated into a hotel development as defined in Section 18.116.125.060. .0703 Maximum Number of Residential Units. The project's total number of residential units shall not exceed the proposed development's total number of hotel rooms. .0704 Location of Residential Units. Adjacent to the public right-of--way, residential units shall be located at least two floors or twenty-five (25) feet above ground-level. .0705 Infrastructure and Service Impacts. The proposed development shall not result in infrastructure impacts greater than those associated with the subject property's permitted hoteUmotel density, as allowed by the property's underlying C-R District density designation, unless such impacts are duly analyzed and mitigated pursuant to subsequent environmental review. Such impacts shall be determined through a sewer and traffic impact analysis to be submitted to the City Engineer. Additional infrastructure studies may be required as determined by the Planning Director. .0706 Parking. Due to variations in parking demand and the needs of each project, vehicle parking requirements, the demand for drop-off and pick-up locations and [he design of the parking areas, including ingress and egress, shall be determined as part of the final site plan review based upon information contained in a parking demand study prepared by an independent traffic engineer, as approved by the City of Anaheim. The parking demand study shall be prepared at the property owner/developer's expense and provided as part of the final site plan application. Parking spaces specifically designated for non-residential and residential uses. shall be marked by the use of posting, pavement markings, and/or physical separation. Parking design shall incorporate separate entrances and exits or a designated lane for residents: .0707 Floor Area. The minimum floor area for residentiaF units is shown im Table 116-J (Minimum Floor Area: Anaheim Resort Residential (ARR) Overlay Zone). For purposes of this section, a "bedroom" is a private habitable room planned or used for sleeping, separated from other rooms by a door or a similar partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet, or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50%) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom." s Table ~1 /6-J __ -- --_ MIN/MUM FLOOR AREA: ANAHEIM RESORT RES/DENTIAL (ARR) OVERLAYZONE __ - - __ Minimum Floor Area -- - _ I Studio units: _ -- -- 600 square feet. The number of studio units shall no[ exceed 20% of the total number of residential units One-bedroom 700 square feet units: Two-bedroom 825 square feet units: Three-bedroom 1,000 square feet units: More[han three- 1,000 square feet plus 200 square feet for each bedroom bedroom units: over three - .Deleted: 10-d .0708 Minimum Landscape and Recreational-Leisure Areas. [n addition to the minimum landscape and open space requited by Section 18.116.070.120.1207, recrea[ional- leisure area shall be provided equal to a minimum often (10) percent of the total area of the site. This recreational-leisure area may be provided in private areas, common areas, or a combination of both. .O1 Common Recreational-Leisure Areas. All common recreational- leisure areas shall be conveniently located and readily accessible from all residential units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational-leisure areas shall not include any required setback areas, any driveways or pazking areas, trash pickup or storage areas oc utility areas. Areas counted toward meeting this requirement may be located inside or outside the building; subject to the approval of the Planning Director .02 Private Recreational-Leisure Areas. In order for private patios and balconies to count toward the Recreational-Leisure Area requirement, they shall not be less than thirty (35) square feet in area, with a minimum dimension of five (5) feet. .0709 Loading Areas. Residential uses shall have one (I) off-street loading space or moving plaza for every one hundred .and fifty (150) units. Loading spaces or moving plazas shall be located near entries and/or elevators and shall be incorporated into the design of vehicular access areas. Decorative paving, removable bollards and potted plants are permitted. and encouraged to enhance loading spaces or moving plazas. .0710 Private Storage Facilities. General storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each residential unit. Provision of said storage areas shall be in addition to the minimum floor area of the unit. Storage areas may be located inside the dwelling unit, adjacent to the dwelling unit's balcony or patio, in close proximity to the dwelling unit, or in close proximity to an elevator. .071 ] Security. Residential units shall be designed to ensure the security of residents through the provision of secured access points/lobbies, entrances and exits that are separate from the non-residential uses and are directly accessible to residential parking areas. .0712 Restriction on Activities. Commercial uses shall be designed and operated, and hours of operation limited, so that residents are not exposed [o offensive noise, especially from traffic, hash collection, routine deliveries or late night activity. No use shall produce continual loading or unloading of heavy trucks at the site between the hours of 8 p.m. and 6 a.m. .0713 Vibrntions and Odors. No use, activity or process shall produce continual vibrations or noxious odors that are perceptible without instruments by the average person at the property lines of the site or within the interior of residential units or recreational-leisure areas on the site. .0714 Lighting. Outdoor lighting associated with commercial uses shall not adversely impact residential uses, but shall provide sufficient illumination for access and security purposes. Such lighting shall not blink, Flash, or oscillate. .0715 Windows. Residential windows shall not directly face loading areas and docks. To the extent windows of residential units face each other or hotel rooms, [he windows shall be designed and/or oriented to maximize privacy." SECTION 4. That, except as expressly amended herein, Ordinance No. 5453, as previously amended, shall remain in full force and effect. SECTION 5. PENALTY. Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 of the Anaheim Municipal Code. SECTION 6. SEVERABILITY The City Council of the City of Anaheim declares that should any section, paragraph, sentence or word of this ordinance hereby adopted be declared for any reason to be invalid, it is the intent of the Council this it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. .SECTION Z SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal or amendment of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date thereof, nor be construed as a waiver of any tax, license or penalty or of the penal provisions applicable to any violations thereof. The provisions of the ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2007, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2007, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM B Page 4: [i] Deleted ~ Skim 1/3/2008 11:38:00 AfN .0602 Affordable Housing. Residential development shall meet the following requirements: .Ol Developments shall be located on a site designated far Affordable Housing Opportunities for Very Low and Low-Income Families, as shown on Attachment A to Ordinance No. adopted on , 2007 (Amendment No. 8 to the Anaheim Resort Specific Plan No. 92-2). .02 Fifteen percent (1 S%) of the units shall be affordable multi-family rental units for very low and low-income households as defined below. (a) Twenty percent (20%) of the affordable rental units shall have rents that aze affordable to very low income families whose incomes aze at 50% or less of the annually-published HUD azea median income. (b) Eighty percent (80%) of the affordable rental units shall have rents that are affordable to low income families whose incomes aze at 60% or less of the of the annually-published HUD azea median income. (c) The above affordability requirements shall be met regazdless of the availability of any subsidies. The term ".subsidy" does not include (a) the obtaining of tax credits pursuant to Section 42 of the Internal Revenue Code, for any affordable housing project, (b) the grovision of bond financing pursuant to California or federal law, or (c) any monies made available from any source, whether governmental or private, so long as such monies do not require the expenditure of City funds or Redevelopment Agency monies. .03 Development shall not result in infrastructure impacts .greater than those associated with the subject property's permitted hotel/motel density, as allowed by the underlying C-R District density designation, unless such impacts aze duly analyzed and mitigated pursuant to subsequent environmental review. .04 The maximum number of dwelling units allowed for residential development shall be equal to the maximum number of hotel rooms allowed by the property's underlying C-R District density designation. item ND. a @. ~ SP 92-2 0 U DUEACH- COMFORT INN ~ tg r Iv1AINGATE Q ~ RM-q __ ~ SP 9.. 2 HARBOR CLIFF o N - ~ HACIENDA INN APARTMENTS - ° C ~ 8 SUITES 130 UNITS ~ ~ sr oz-z ° = < ~ SP 92-2 0 RiSURANCE CO ~ G-C ' E VACANT RESTAURANT m F~oRisr q pU RS-2 . RS-2 F ® o a m ®° 7fia Anaheim°Resort^"Boundery~ ~ WILKEN WAY ® SP 92-2 ~ ~ SP 92-2 ~ RENT FOR LESS ~ QUALITY INN ~ L..-_! \ = rv MAINGATE SP 92-2 L ~---- r-l ~ I e ~ AUTOMOTIVE - I SP 92-2 n' REPAIR I r ~ 1, I DENTIST SP 92-2 { I I !L. I l A ° ~ JACK IN THE BOX ' L f---~ ~-J \+-r~ ~-, -. RESTAURANT ~ ~ I----~ I 4- ~----'7 r A u I I 11 SP92-2 I RM-3 I I TfM 2007-17210 r I I 6 ~ TPM 2007.183 ( i CONpOMINiUMS ~ ' ~ GPA 2007-00462 ~ ~ ~ ; 1 106 DU YUCCA AVE 6 - RCL 2007 00210 ~ ' ~7 I r) I I - SP 92-2 RCL 69-60 28 ~ ~ --J 8 o m TOYS R US CUP 2007 0624a ' ~ ~ VACANT ~ -~ I JJ I r I A ~ " VAR 3687 ~_ I-- DAG 2007-00004 \ \\\ l _--~ J 6 ~ FSP 2007-00010 ~~ -t-~-- f z- ' SPN 2007-0004Fl .~ L-~ e 547 ~ ,% ~ Y ~E ~ SP 92-2 STANDARD ° p ~ PARKING g a Z ~} ° O e~ ~ MIRACT 3 CUTTYWAY 0 60 ov ~ e ~ ~ °. ! ~ z e RM-2 A 6m o CONDOMINIUMS ° ~F n 95 DU A A o SP 92-2 0 ~ SMALL SHOPS A o ~, .~~ Tentative Tract Map No. 17219 Subject Property Tentative Parcel Map No. 2007-163 Date: January 23, 2006 General PIaD Amendment No. 2007-00462 Reclassification No. 2007-00210 jN I_. _L_ ~~i Conditional Use Permit No. 2007-05242 ~ jR w.anA;,cEwocoAVey m Development Agreement No. 2007-00004 I~ •-+6 .CMAPMAN AVE ~ ~m. Final Site Plan No. 2007-00010 ~ E Specific Plan Amendment No. 2007-p0049 2232 South Harbor Boulevard 1oa3o Tentative Tract Map No. 17219 Subject Property Tentative Parcel Map No. 2007-163 Date: January 23, 2008 General Plan Amendment No. 2007-00462 Reclassification No. 2007-00210 Conditional Use Permit No. 2007-05242 Development Agreement No. 2007-00004 Final Site Plan No. 2007-00010 Specific Plan Amendment No. 2007-00049 2232 South Harbor Boulevard 10430 ,r. iCi~ ® Aedel Phota: Fna Julv 2006 ITEM N0.4 200 5. Anaheim Blvd. Suite #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: JANUARY 23, 2008 FROM: PLANNING DHtECTOR SUBJECT: MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 154 GENERAL PLAN AMENDMENT NO. 2007-00462 RECLASSIFICATION NO. 2007-00210 SPECIFIC PLAN AMENDMENT NO. 2007-00049 CONDITIONAL USE PERMIT NO. 2006-05242 WITH WAIVER OF A CODE REQUIREMENT DEVELOPMENT AGREEMENT NO. NO. 2007-00004 FINAL SITE PLAN N0.2007-00010 TENTATIVE PARCEL MAP NO. 2007-16 TENTATIVE TRACT MAP NO. 17219 LOCATION: 2232 South Harbor Boulevard APPLICANT/PROPERTY OWNERc The applicant is Millenium Renaissance Hazbor, LLC, and the property owner is P.A. Poon and Son, Inc. REQUEST: The applicant proposes to develop a mixed use project consisting of a 102-room hotel with 14,714 square feet of accessory commercial uses on the western 1.5-acre portion of the project site adjacent to Harbor Boulevard, and a 191-unit, 3 to 5 story condominium complex, including nine live/work units, on the eastern 3.3- acreportion of the project site. RECOMMENDATION: Staff recommends that the Commission continue this request to the February 4, 2008, Planning Commission meeting to allow time for the applicant to resolve entitlement issues. BACKGROUND: The 4.8-acre subject property is currently developed with a vacant building formerly occupied with a Toys R Us retail store. The property is located in the Anaheim Resort Specific Plan (ARSP). The General Plan designates this property and properties to the north and southwest for Commercial Recreation land uses and properties to the east and southeast for Low Medium Density Residential land uses. Re~sp/~ectfu/lly subnmitted, Co urred y, Principal Planner ing Services Manager Attachment: 1. Continuance request 01/14/2008 04:55 FAT pjUOi ~ a GROUP Puhlie Affairs Land use taw January 14, 2008 Anaheim Planning Commission Clo Anaheim Planning Department ZDO South Anaheim Boulevard, 1st Floor Anaheim, CA 82805 ATTACHMENT NO. Subject. General Plan Amendment P1o. 2007-00462 and Related Entitlements (2230 South Harboe Boulevard) Dear Commissioners: The Sheldon Group represents the applicant regarding the above-referenced project. The applicant is requesting a further continuance to the February 4 Planning Commission meeting in order to assess whether to continue pursuing the project in Anaheim_ Therefore, this letter serves as a formal request for continuance. Please accept our thanks in advance for considering our request, VVe look forward to working with staff and hopefully, presenting a high quality project to you at a future date. Should you have any questions or need additional information regarding this matter, please feel free to pall me at (949) 777-9400. You may atso e-mail me at grog@sheldongrp.com. of Planning C: Derek Baak, applicant nn, n,._c..... v.a.. ~+n u_...~.: o...~ rn vnccn ..~___ ow ~~-r anon ._. on o.v».on m ~.......,.,,u.....~...... Flenai rnow: July 2W 6 Subject Property Date: January 23, 2008 Conditional Use Permit No. 2007-05280 r 1320 East Sanderson Avenue - EI Bekal Shrine Center ~oaat ITEM NO. S PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite#162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING bEPARTMENT DATE: '' JANUARY23, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: < CONDITIONAL USE PERMIT N0.2007-05280 WITH WAIVER OF CODE REQUIREMENT LOCATION:: 1320 East Sanderson Avenue APPLICANT/PROPERTY OWNER: The applicant and property owner is El Bekal Temple Association.:. REQUEST: The applicant proposes to permit a banquet facility, to include the consumption of alcoholic beverages, in conjunction with a fraternal organization facility with 108 parking spaces provided where 137 spaces aze regtired by code. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Categorical Exemption, Class. L (b) By resolution, approve Conditional Use Permit No. 2007-05280 with fewer parking spaces than required by node. BACKGROUND: This property is developed with a fraternal organization facility. The property is located within the GG (General Corruuercial) zone. The General Plan designates this property and properties to the north, south and west for General Commercial land uses: The Santa Ana River is located east of the ptoperty., PROPOSAL: The applicant proposes to permit a banquet and assembly hall in conjunction with a fraternal organization facility. The site plan indicates a 13,760 square foot building located on the west side of the property and 108 existing pazking spaces. No modifications to the exterior of the building aze proposed, The floor plan for the facility indicates a kitchen, storage rooms, iesttooms, offices, training rooms, lounge; conference room, mezzanine, and assembly room. The applicant's letter of operation states that the facility will be used for corporate offices, storage, fraternal meetings, and ,private banquet events. Some events will. include the consumption of alcoholic beverages. Proposed office hours are from 9 a.m. to 5 p.m. and days. and hours of operation for the private banquets will vary depending on the type of event. The facility is not open to the public. CONDITIONAL USE PERMIT N0.2007-05280 January 23, 2008 Page2of2 ANALYSIS: The project complies with all applicable development standazds with the exception of the requested number of parking spaces. Code permits a banquet facility, including consumption of alcoholic beverages, in the General Commercial zone subject to the approval of a conditional use permit. Following is staffl s analysis. and recommendations on the. requested project. Issue -Parking: The'applicant proposes to provide fewerpazking spaces than required by code. Code requires 137 spaces and 108 spacesaze existingr A parking study was prepazed for the. property in 2005, by the City Traffic and Transportation Manager in conjunction with a City street widening project. The study concludesahat a maximum demand of 77spaces is needed for the facility. This conclusion was based on the highest demand of the facility which is during banquet events>' The facility is also unique compared to other banquet facilities in that events are typically hosted for the private membership and their families and not the general public. Based on the conclusions contained in the pazking study, and since no expansion or any operational changes to the facility is proposed, staff recommends approval of the pazking waiver. A conditional use permit is being requested to permit a banquet facility, to include the consumpfion of alcoholic beverages, in conjunction with a fraternal organization facility. Anaheim Police Department is not opposed to the consumption of alcoholic beverages for e private events on the premises. Staff is supportive of this request because it complies with'all development standazds in the C-G zone, with the exception of the requested pazking waiver, and would be compatible with adjacent land uses in the area: Therefore, staff recommends approval of the requested conditional use permit. Respectfu/lly submitted, Conc ed by ~ C17~ ~'~/1SG~ Principal Planner 1 g Services Manager Attachments• L Project Summary 2. Letter of Operation 3. Draft Resolution 4. Parking Study The'following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall. 5`. Site and Floor Plans tilA i ~~JL a11FPJL` 1~T L' ~i'_3. 9 ~~~~Fv~~ ~ V l~ ~~ Oonditional i<1se Perrr-iQ iVo. 2007-052ffi0 13eeelo r~eaaurnt ~taseidard )P~taosod t'ro'ect ~'-~ 2~oiie&tandar'sls'< Site Area. 1.5 acres ITT/A Parking Offices 3;830 s.f. 4 spaces/1,000 s.f. 15 spaces required Assembly room 4,280 s.f. 29 spaces/1,000 s.f. 1?2 spaces required 108 parking spaces provided 13 % parking spaces required* *Waiver requested to allow fewer parking spaces than required by code ATTACHMENT NO. 2 Mcfent Arabic Order Plobles of The Mystic Shrine Bill Salpaka ~ Don Pilelsen, P.P. Illustrious Potentato Recorder 1320 S. Sanderson Ave., Anaheim, CA 92806 (714j' 563-9111 FAX (714) 491-8574 November 16, 2007 Planning Department City Hall Anaheim Blvd. Anaheim, California RE: C.U.P. REQUEST for the existing EL BEKAL SHRINE CENTER 1320 S. Sanderson Avenue Anaheim, California The EI Bakal Shrine Center requests a review and approval of a C.U.P. for their existing facility, which we have occupied and operated since November 1997. During that time of operation, the City, through eminent domain, acquired a part of our parking ioEarea. It has come to Tight that the Shrine Center does not have a special C:U.P. The Shrine was not aware of the need for a special C.U.P. for their specific use. We firmly believe that we are compatible with our immediate neighbors, the car dealerships and the Phoenix Club. EI Bakal Shrine has enjoyed the use of the facility, paid taxes and operated with proper business licenses over the many years. For your information and review, we have tabulated the following Year Constructed 1966 Building Code 1982 UBC Construction Type VN-Sprinkiered Stories 1 + Meaanine Gross Square Feet 13, 760 GSF Building Uses Offices - 5,146 S.F. Banquet Room -4,200 S.F. Storage - 3,214 S.F. Kitchen Area-1,200 S. F. Parking Provided Regular5talis 703 Handicap Stalls 5 TOTAL 108 CL1D PdO. 20G' - 0 ~ 2 B 0 Page 2 of 2 8y calculation, the parking has a deficiency: However, the City of Anaheim, by eminent domain, acquired part of our parking lot area as stated above. Also, the City of Anaheim conducted a parking study, dated May 3, 2005, indicating 107 stalls are required (please see the attachment). The building is larger than our regular meeting needs over the years and parking has not been a problem. We would be happy to provide you with records of our uses and number of attendees on any speclt"ic occasion. Buildino Operations and Use: USE - EI Baf<al Shrine offices, Meeting and Banquet Facilities. EMPLOYEES: 1 full time and 2 part time. MOURS OF OPERATION: 9:00 A.M. to 4:00 P.M. Alcoholic Beverages are not sold and dispensed in the facility. Any special event where alcoholic beverages were dispensed, aone-day permit would be obtained from the Alcohol 8 Beverage Commission (ABC). Traffic Studv: ' Please see the attached City Traffic Study, dated May 3, 2007. If a new study is required, please inform us of the cost to prepare one from your list of consultants. EI Bakal Shrine has enjoyed the use of the building and the location in the City of Anaheim. Again, we would appreciate the approval of the C.U.P. and our continued presence in the City of Anaheim. Thank you for your time and attention td this important matter. Sincerely, ~~=~`----~ Steve Leu Second Ceremonial Master EI Bakal Shrine 717-662-3885 rf ~p P'0. 2007 - D 5 ?_ S ~ [IDRAFT] ATTACHMENT N0.3 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05280 BE GRANTED (1320 EAST SANDERSON AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 OF PARCEL MAP NO. 90-179, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 279, PAGES 45, 46, AND 47 OF PARCEL M?,PS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, TOGETHER WITH THAT PORTION OF VACATED SANDERSON AVENUE AS MORE. PARTICULARLY DESCRIBED AS PARCEL 2 OF RESOLUTION NO. 95R-67 OF THE CITY COUNCIL OF THE CITY OF ANAHEIM, A CERTIFIED COPY OF WHICH RECORDED JULY 18, 1995 AS INSTRUMENT NO.95-304246, OFFICIAL RECORDS EXCEPT THAT PORTION THEREOF CONVEYED TO THE CITY OF ANAHEIM A PUBLIC BODY CORPORATE AND POLITIC, IN A DEED RECORDED DECEMBER 23, 1943 AS INSTRUMENT NO. 93- 0893342, OFFICIAL RECORDS WHEREAS, Conditional Use Permit No. 2007-05280 is proposed to permit a banquet facility with the consumption of alcoholic beverages, in conjunction with a fraternal organization facility with waiver of the minimum number of parking spaces; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2008, 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 al] evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed banquet facility, to include the consumption of alcoholic beverages, in conjunction with a fraternal organization facility, is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.010 (Community and Religious Assembly). The proposed project also includes waiver of the following: SECTION NO. 18.42.040.010 Minimum number of parkins spaces (137 required; 108 proposed) - 1 - 2008-*** 2. That a parking study was prepared for the property in 2005, by the City Traffic and Transportation Manager in conjunction with a City street widening project. The study concludes that a maximum demand of 77 spaces is needed for the facility. This conclusion was based on the highest demand of the facility which is during banquet eventsi The facility is also unique compared to other banquet Facilities in that events are typically hosted for the private membership and their families and not the general public. Therefore, based on the findings contained in the study and since no expansion or any operational changes to the facility is proposed, the requested variance will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 3. That the proposed use would not adversely affect the.adjoining land uses and the growth and development of the area in which it is located because the operation would be contained within the building; and 4. That the traffic generated by the use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on-site; and 5. 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 6. That *** indicated their presence at said public hearing in opposition; and that *** 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, with the waiver of the aforesaid provision of the Anaheim Municipal Code, 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: - 2 - 2008-*** Responsible For COA Conditions of Approval. Monitoring GENEIL9L COA That no required parking areas shall be fenced or otherwise enclosed for outdoor Code storage uses. Enforcement COA That no public telephones on the property shall be located outside the building. Code Enforcement COA That trash storage areas shall be permanently provided in a location acceptable to Public Works the Public Works Department, Streets and Sanitation Division. That the property shall be permanently maintained in an orderly fashion through Code COA the provision of regular landscaping maintenance; removal of trash or debris, and Enforcement removal of graffiti within twenty-four (24) hours from the time of discovery. That subject property shall be developed substantially in accordance with.plans COA and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and Planning 2 of Conditional Use Permit No. 2007-05280, and as conditioned herein. That approval of this application constitutes approval of the proposed request COA 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 Planning include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. That extensions for further time to complete conditions of approval maybe planning COA granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. - 3 - 2008 *** 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 coritained; 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 January 23, 2008. 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. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 23, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 4 - 2008-*** ATTACHMENT NO. 4 714. 89J.9503 P'1 f7nv 16 L1'7 D8: 56a William Sa1Pa~^a _:, , .ray 3, zoos :A~ ... .,~ ~ ::: ~`l;~' City ofAnxheim >. _.~I Farkulg Snryry at El Bekal8hrinc Center, 1320 S. Sanderson Ave. ~I Building size: 12,480 s_f. New platform: I,D00 s.f. e ~ Tanti 13,480 s,f. Existing parking spaces: 104 parking stalls 4 Flandicap stalls Total 10$ stalls New requirements: 102 parking stalls (with adminisilntive adjustmen"s -ld)%qk 511<wdlcap parking sla!ls (1-vars. 4 handacagj 1?arking survey for Month of April, 2005 averages Time M T Sv Th F S 8 am- 5gtt1 8 4 ti 8 ~ 3 2 5pm-I2 jsn 21 9 5 2 14 ?7 of usage for 108 spaces 8aID-5pm 7% 4% !i% 7°./n 3°l° ?.°ro , .5pm-12pm 19% 8% 5°l° 2% 139x° 71% Emgloyees: full time part time I Volunteers: 1,40 depending of work load on monthly average ., L. clTV of AIiVP.h1E1M "iRA.PFIC ~.NGINEnEFlINrx DIVISIQN APPROVED: ~`~ _ ---- 26G?s DATE ?~~-----~s-~ l P~Arlflf;u OFI'ARTME~iT ''3• -l tii i ~.r I , Z,. r .f~°H i 1 LM I. .~-- ~i kr. Etta. 2~Ci'7 - 0 !; 2 F3 U ,~~II~AII iltl~ll~~~1411~~ DIAMOND ST RAMa vacar~r C-G VACANT 40 OU APTS I I I II to Du c~ 0 L-~ nrv~~r i i~~ \ ... RM-q w ~ E RM-4 ~ fznaaT3~D .U - PNPS~Haov Z ~ ~ I 1 DU EACH H H1G ~ a ~ ~ WESTWOOp APTS lG J 16 DU N ~ ~ U ~Oi01 I I N~ SMALL SHOPS ~ DU SMALL SHOPS Pm r GO'~ W H -1 CPR ~ s~s ~- 5 I RAE X005.0 ~1~. r.UP 10 n~-0432~-$Y O LINCOLN AVENUE N,9 2~ "92 T ~~ ~~ -vim L " o Vn-' r"RPM,>- 1 V ~ ~ % c RS-2 -(REES ~ \ ~ 3 OU ~ pu R CENSE g ® ~ ~ ~ ou ~,cH c R~Z~ F c S ~ 2 RS-2 ' ov cE ~ t 7 a. ~pU 40V NCH ~ou s p p 8°~ 3 RS-2 ~o~ A~ y pU U1 ZDU o ~ ~ zou g ~ ~o m$ o ~ ou a o~ ~ pU EPpH ~ ~ G 2 US S~ Z~RS- ao~ CNE51N p~ EPCH RS- o~ ~.a VACANT Rye 9 D~ Rya PPts \ BOU ~cH zOU Conditional Use Permit No. 2005-05023 (Tracking No. CUP2007-05282) 1108 West Lincoln Avenue - 5 Points 1 togas m~ GN ` \ Rrr2 0 o ~ cw G C C G ,EP~ BROPOwAY Subject Property Date: January 23, 2006 Aerial Pholo: July 2006 Conditional Use Permit No. 2005-05023 (Tracking No. CUP2007-05282) Subject Property Date: January 23, 2008 1108 West Lincoln Avenue - 5 Points 10446 ITEM N0.6' PLANNING COMMISSION AGENDA REPORT.. City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 23, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT N0.2005-05023 WITH WAIVER OF CODE REQUIREMENTS (TRACKING NO. CUP2007-05282) LOCATION: 1108 West Lincoln Avenue APPLICANT/PROPERTYQWNER: The applicant is Ed Perez and the property owner is Clean City Inc. REQUEST: The applicant requests to amend apreviously-approved conditional use permit to reftubish ahistorically-significant mixed use building with'two apartment units, apublic/private park, and a Ruby's restaurant with sales and consumption of "alcoholic beverages'outdoordining, and outdoor"caz hop"'service. `The applicant 'proposes to provide 58 pazking spaces where 71'spaces aze required: The applicant also proposes to` install one roof, one canopy and three blade signs which are not allowed by 'the code' and one monument sign at a 38 foot setback where a 50 foot setback''is required. `The applicant has withdrawn' a request to permits wall sign that does not comply with code requirements. RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By; motion, determine that the previously-approvedNegative Declazation serve as the appropriate environmental documentation. (b) By resolution, approve the amendment to Conditional Use Permit No,2005-05023' with fewer parking spaces than required by code,. waivers of permitted,roof, canopy, and blade signs,. waiver of permitted monument sign location, and withdrawal of wall sign that does not meet Code requirements. BACKGROUND: This property is developed with a vacant, 2-story, 7,000 square foot mixed use building and is zoned C-G (MU) (General Commercial; Mixed Use Overlay).:, The Anaheim General Plan designates this property for Mixed Use land uses. The property is also located with the Five Points Historic District. The properties to the north across Lincoln Avenue and east across West Street aze designated for Mixed Use 2l)0 S. Anaheim Blvd. ]and llSCS; the properties to the south and west aze designated for Low Density swte utsz Anaheim, cA szeo5 Residential land uses. Tel: (714) 765.5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL USE PEMIT NO. 2005-05023 January 23, 2008 Page 2 of 5 On September 19, 2005, the Planning Commission approved Conditional Use Permit No. 2005-05023 > to permit the refurbishment of ahistorically-significant mixed use building with two apartment units on the second floor and retail space on the first floor. PROPOSAL: The applicant proposes to amend apreviously-approved conditional use permit to permit a full service restaurant with alcoholic beverage sales on the first floor of the Five Points mixed use building, expand the parking lot area to provide more parking for the restaurant, and construct a new public/private park at the east end of the Center. Street cul-de-sacr Please refer to the summary chart attached to the staff report for project details. ANALYSIS: The project has been evaluated for compliance with applicable development standazds. Following is staff s analysis and recommendations' on the requested project. Conditional use permit: A conditional use permif is required for anymixed use development. The project is compatible with the surrounding residential uses. The project complies with all requirements. of the C-G (Mid Zone with the exception bf minimum number of pazking spaces, permitted type of roof, canopy, and blade signs, and permitted location of monument signs. Sale and consumption of alcoholic beverages: The applicant proposes to establish a Ruby's restaurant on the fast floor of the Five Points building, to include sales and consumption of alcoholic beverages, an enclosed. outdoor dining azea, and outdoor "car hop" service. The ]?olice Department indicates that this property is located within Reporting District 1723, which. has a crime rate of 6% percent above the City-wide average. It is also within Census Tract Number 872.00, which has a population of 7,371. Based on this population, 8 on-sale Alcoholic Beverage Control licenses are permitted, and 3 licenses currently exist. The Police Department recommends approval of this request since there is not anover-concentration of ABC licenses and the crime rate is slightly above the City .average. In the event that the Commission approves this request, specific conditions of approval have been incorporated into. the conditional use permit resolution based oa recommendations of the Police Department. Public/private park: The applicant requestsapproval to'pernvt'a new public/private park at the east end of the mixed use development. Ownershipof the pazkproperty is shazed between the 'applicant and the Redevelopment Agency. The applicant will construct and maintain the pazk per an agreement with the Redevelopment Agency. The pazk will include' a gateway structure"and monument to commemorate the historic district; benches and seat walls, grove of canopy trees, aggregate paving, bermed planters, and water features. Staff recommends approval of the pazk as it would enhance the streetscape along Lincoln Avenue and provide an asset to the community at the gateway to the Anaheim Colony and Five Points Historic Districts. Modificafion to setbacks standards: Section 18.32.070 of the Code permits modified setbacks for mixed use projects. Following is staff's analysis ofthe building and landscape setbacks: CONDITIONAL USE PEMIT NO. 2005-05023 January 23, 2008 Page3oC5 Adjacent to Required bldg. and landsca esetbacks* Proposed bldg. i setback Proposed landscape setback North (Lincoln Ave.) 15 feet 3 to 6 feet ' 0 to 7 feet East (Pazk) 0 feet 0 feet 0 feet South (Center St.) 10 feet 7 to 10 feet 5 to 10 feet West (SF homes) 10 feet 376 feet 10 feet uuuamg ana lanascape setoacKS requtren m the unaeny~ng C-ei zone wowtl apply m the MU Overlay zone.. Modifications to standards aze allowed in order to achieve good project design, privacy, livability, and ; compatibility with surrounding uses. Landscape and building setbacks may be modified by conditional use permit. The proposed. setbacks as shown.above aze adequate as these minor deviations will not have an adverse affect on adjacent neighbors. The reduced building and landscape setback adjacent to Lincoln Avenue would be appropriate for the proposed historically-significant mixed use project at the entryway to the Anaheim Colony and Five Points Historic Districts based on the following principles contained in the Community Design Element of the General Plan (Anaheim Colony Design Guidelines). These principles aze applicable to both historic districts: Principle 4: The Colony's streets are designed with the pedestrian in mind 1. ,Wide: sidewalks, ground-level retail,pazkways and seating azeas offer a comfortable and s interesting pedestrian experience. 2. Commercial streets within the Colony are scaled to the pedestrian through signplacement, canopy trees, and street furniture. : 3. Streets within the downtown create a sense of enclosure and spatial definition by bnilding placement on or near the sidewalk. 4. Convenient pazking, cleazly mazked linkages to pedestrian azeas security lighting and visibility aze provided throughout the Colonye 5. Traffic:-calming measures,: such as narrowed streets and landscaped parking bays,provide a safe environment for pedestrians and motorists alike. Principle 5: The Colony's commercial streets have strong, unifying historical design themes 1. Visual continuity is created through similarities in scale, height, signage, massing, street furniture and landscaping.'; 2. < , Variation in building styles, azchiteetural detailing, and the color and design of signs and'store facades provides variety. within:the overall design framework. 3. Curbside pazking provides convenience and vitality to commercial streets; where off-street parking is required, its impact is minimized through screening and landscaping. Signs: The applicant submitted a sign program for the proposed project. Waivers aze being requested for permitted type of roof, canopy, and blade signs and permitted location of monument signs. The project summary chart attached to the staff report describes the sign program and waivers in more detail. As a part of the sign program, the applicant proposes a wall sign on the west elevation; this wall sign is intended to be changed periodically to depict public and community-related and historically significant events such as the Anaheim 150 yeaz anniversary celebration. Staff has included a condition of approval restricting the use of this sign for public and/or community-related and historically significant displays, announcements, images, and murals only. CONDITIONAL USE PEMIT N0. 2005-05023 January 23, 2008 Page4of5 The proposed sign program was reviewed and approved by the Redevelopment Agency's azchitectural/historical consultant. Staff supports the requested sign waivers because the signage program would be appropriate for the proposed historically-significant mixed use project at the entryway to he downtown historic district based on the following principles contained in the Community Design Element of the General Plan (Anaheim Colony Design Guidelines).' These principles aze applicable to both historic districts: Signs (page 6) 1. ,Signs should' complement ffie architecture of the building and also provide a unifying element along the streetscape. 2. Size, scale and style of signs should be determined by the scale of the buildings of which they:: are a part. 3. Along traditional multi-story commercial streets, the best placement for signs is along the lintel or sign frieze between the ground floor storefront and the upper facades. 4. If possible, signs along a;blockface should be located at approximately. the same height to create a unifying, horizontal pattern. 5. Signs should be distinctive, eye-catching and simple, avoiding cluttered designs and excess advertising. 6. Sign design should be consistent with the historic character of theirbuildings. Desirable sign types include indirectly lit signs, raised letter signs, wall signs, awnings, and double-faced, projecting signs: along pedestrian streets. : 7: Undesirable signs are internally-illuminated, plastic, flashingisigns, billboazds, generic trademark signs,`and any sign. temporarily affixed to ground-floor windows. Roof signs are generally discouraged, although exceptions for historically-appropriate designscan be made. 8. Window signs, where lettering is affixed directly on the glass, can be attractive and eye- catching provided that the style is in keeping with the scale and style of the building. 9. Double-facedprojecting signs are desirable along commercial streets provided that they are of an appropriate size, scale and location. 10. Awnings add visual interest, color, and pedestrian comfort while providing another unifying element to the street. Parking: The applicant requests fewer pazking spaces than required by code. Code requites 71 spaces and 58 spaces!are proposed. The applicant submitted a pazking study to justify the pazking deficiency: Planning staff and the City's pazkng consultant. reviewed the study and determined that there would be an adequate number of spaces for the proposed project.: The. project summary chart attached to the staff report describes theparking requirements in more'detail. CONDITIONAL USE PEMIT NO. 2005-05023 January 23, 2008 '. Page 5 of 5 CONCLUSION: Staff recommends approval of this mixed use project because it furthers the goals of the General Plan by implementing the Mixed Use land use designation to permit a planned residential/commercial project. Staff believes the proposed project would be compatible with existing and surrounding land uses and that the project is designed to preserve and enhance the historic chazacter of the Five Points Historic District by restoring a historical resource important to the community. The project would also provide for new business and housing ', opportunities and combine residential with non-residential uses in the same building as a means to create an active street life at the entryway to the City's downtown historic districts. In addition, the project would provide additional housing options for residents who want to live near their workplace and/or neaz retail and other non-residential uses. Respectfully submitted, Co curred by, Principal Pl/anner arming Services Manager Attachments: / / 1. Project Summary v 2. Justification of Waiver 3. Pazking Study 4. Prior Resolution 5. Draft Resolution 6. Letter of Request The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 7. Plans 8. Planning Commission Staff Report (September 19, 2005) 9. Planning Commission Minutes {September 19, 2005) !'~L~ ~!i.~~Y1V$Il'~i CAA !'94J/v Y Y<fl~aBlJ'L.% ~Y.J 1vYlYY!~%'sd ~OnQIitlOnai ~TSC PCr&nit: NO. 2009-05023 (~'racicing IVo. ~LTP2007-05232} 19ea~elo tent 5taeadards I)evelapnaent Staitdurd Proposed Prit)ect h1ll Dverln~• Stundnrds Parkin (see arking table below) S7 s aces uovided 71 s aces re aired Building and landscape setbacks (see staff re ort analysis _____ __ __ - Floor Area Ratio 4,000 s.f. commercial 3,000 s.f. residential Min. 10% FAR for commercial uses, or as deiernrined by CUP` Building Hei ht 30 feet Determined b ~ CUP * A total of 57° o of the building will be occupied c+~th commercial uses; therefore the project complies with this standard. The FAR as proposed would be approprinte for the Five Points building since the project would provide for new business and housing opportunities and combine residential with non-residential uses in the same building as a means to create an active street life at the entryway to the City's doamto«m historic districts. Parking Ctse Total Parklatg Ratio Parking Required Restaurant{includes outdoor dinin) 4,SOp s.f. 15/1,000 s.f. 67 Two a artment units Studio units 2 er unit 4 Total 71 * * A total of 57 spaces are proposed; therefore a parking waiver is being requested. Signage Na. Proposed sign Size Tgpe Sign Codu Requirement 1 Roof 1 S' x 16' Exposed neon, steel frame base, Roof signs not permitted* metal cabinet, internally Illuminnted 2-4 Hlade (3) 2' x 8' Metal cabinet, intemall illuminated Blade si not. ermitted* 5 Cano y 2'=1" x 24'2" Ex osed neon Cano si ns not ermitted* 6 Theme wall** 8' x g' Aluminum frame, digitally printed 200 s.f. max. a*lucs 8 ft. high max. Exposed neon, brushed aluminum 65 s.f. ntax " ' " T d 7 Monument x T6 S 9 exan cabinet, internally illuminate , Setback 38 ft, from west face property line (SO ft. setback re uued) * Code waiver requested =* Theme wall to be used to depict public and community-related and historically significant events. ATTAC~IMENT NO. 2 PETITIONER'S STATEMENT OF JUSTIFICATION FOR VARIANCE/CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: 18.44.040.170 (A separate statement is required foreach Code waiver) PERTAINING TO: Permitted type of roof, canopy, and blade signs Section No. 18.74.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. 1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? X Yes _ No. If your answer is "Yes," describe the special circumstances: the oropertv has a narrow configuration and is at the entryway of the City's downtown historic districts. 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? X Yes _ No If your answer is "yes," describe how the property is different: the oropertv has a narrow configuration and is at the entryway of the City's downtown historic districts. 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? X Yes _No If your answer if "yes," describe the special circumstances: 4. Were the special circumstances created by causes beyond the control of the,property owner (or previous property owners)? X Yes _ No If your answer if "yes," describe the special circumstances: The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. Signature of Property Owner or Authorized Agent Date CONDITIONAL USE PERMIT NO. 2007-05282 ATTACt`IMENT N®. 3 P~.RKIfVG Sl"U®Y 5 Points Project 11081Nest Lincoln Avenue Clean City Inc. proposes to refurbish the a historic 5 Points building at 1108 West Lincoln Avenue. The building is occupied with two studio apartment units (3,000 s.f.) on the second floor and a proposed 4,000 square foot Ruby's "Deluxe Diner" restaurant on the first floor. The restaurant will also include the sale of alcoholic beverages, a 500 s.f. outdoor patio for dining, and outdoor "car hop" service. The proposed 58 parking spaces will be sufficient to accommodate all of the restaurant uses and activities, as well as the two apartments, Additional parking demand will not be generated by the apartment units because the units will be occupied by restaurant staff only. Restaurant management will manage the use of the parking lot spaces by separating designated areas for employees, customers, and car hop service areas. Anaheim Municipal Code requires a total of 71 parking spaces for the project. This includes 67 spaces for the restaurant at a ratio of 15 spaces per 1,000 s.f. and 4 spaces for the apartment units at 2 spaces per unit. A total of 58 spaces are proposed on the site at a ratio of 13 spaces per 1,000 square feet. This would provide enough parking spaces to serve both the restaurant and apartments. A survey was conducted to determine the parking requirement for existing Ruby's restaurants located in other cities. As .shown in the following chart, most cities require 10 spaces per 1,000 square feet for full service restaurants such as Ruby's. Parking Requirement Surrey Full Service Restaurants City Parking Requirement s aces er 1,000 s.f. Costa Mesa* 10 Fullerton* 10 Garden Grove 10 Irvine* 13 10 for outdoor areas Long Beach* 10 5 for outdoor areas Santa Ana 10 Tustin* 1/3 seats lus 3.3/1,000 s.f. for kitchen & stora e Whittier* 113.5 seats lus 1/40 s.f. for waitin area Yorba Lnda* 10 * Existing Ruby's restaurants are located in these cities. ATTACHMENT NO. 4 RESOLUTION NO. PC2005-141 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION ° - THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-05023 BE GRANTED (1100 - 1108 WEST LINCOLN AVENUE -AREA 2) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as; THAT PORTION OF LOTS 1, 2, 3, 4 ,5, AND 6 OF THAT MAP ENTITLED "VILLA PLACE ADDITION", RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE;. BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 6, SAID POINT BEING NORTH 15° 34' 13" WEST 126.31 FEET DISTANT FROM THE SOUTHWEST CORNER OF SAID LOT 6, SAID POINT ALSO BEING SOUTH 15° 34' 13" EAST 12.60 FEET DISTANT. FROM THE INTERSECTION SAID WESTERLY LINE WITH THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION TO THE STATE OF CALIFORNIA, AS PARCEL 200815-1, RECORDED JUNE. 5, 1988, DOCUMENT NO. 1998-0352439, OFFICIAL RECORDS OF ORANGE COUNTY; THENCE, NORTH 88° 55' 19" EAST A DISTANCE OF 191.33 FEET TO A TANGENT CURVE. CONCAVE TO THE SOUTH; THENCE, LONG SAID TANGENT CURVE CONCAVE TO THE SOUTH WITH A RADIUS OF 1,144 FEET, THROUGH A CENTRAL ANGLE OF 2° 34' 55" AN ARC LENGTH OF 51.55 FEET; THENCE SOUTH 88° 29' 46" EAST 83:20 FEET; THENCE, SOUTH 42° 43' 17" EAST 4.38 FEET TO ANON-TANGENT CURVE CONCAVE TO THE. NORTHWEST; THENCE, ALONG SAID NON-TANGENT CURVE CONCAVE. TO THE. NORTHWEST WITH A RADIUS OF 53 FEET; THROUGH A CENTRAL ANGLE OF 71° 22', 35" AN ARC LENGTH OF 66.02 FEET TO THE SOUTHERLY LINE OF SAID LOT 2. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on September 19, 2005, 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, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit; 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 residential/commercial mixed use development is properly one for which a conditional use permit is authorized by Anaheim Municipal Cade Section No. 18.32.030.040.0402. 2. That the proposed residential/commercial mixed use development as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is located because the site contains adequate parking for the residential and commercial portions of the project and separate ingress and egress and as such, reduces the potential for operational conflicts. 3. That the traffic generated by the residential/commercial mixed use development would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because no additional building area is proposed; rather a historically significant building would be restored on the property and reused for mixed use consisting of two residential units and ground floor commercial. 4. 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.. Cr\PC2005-141 -1- PC2005-141 5. That no one indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. - ---- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim,Planning Commission has reviewed the proposal to permit aresidential/commercial mixed use development and does hereby approve the Negative Declaration upon finding that the declaration reflects the ihdependentjudgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the putilic review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby 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 compact parking spaces shall not be permitted. 2. That due to the change in use and/or occupancy of the building, plans shall be submitted to the Building Division showing compliance with the minimum standards of the City of Anaheim, including the Uniform Building, Plumbing, Electrical; Mechanical and Fire Codes as adopted by the City of Anaheim. Said information shall be specifically shown on plans submitted for building permits. 3. That there shall be ho public telephones on the premises located outside the building. 4. That plans shall be submitted to the Planning Services Division for review and approval showing conformance with the current versions 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 approved plan: 5. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot.. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division for approval 6. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged or diseased, and/or dies. 7. That trash storage area(s) shall be maintained in location(s) 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 to 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 (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division approval 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 time of occurrence. 9. That no required parking area shall be fenced or otherwise enclosed for outdoor storage use: 10. That if an alarm system is installed, aBurglary/Robbery Alarm Permit application, Form APD 516, shall be completed and submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. -2- PC2005-141 11. 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. 12. That a Fire Emergency Listing Card, Form APD-281, shall be completed and submitted to Po(ice Department. The form is available at the Police Department front counter. 13. That final sign plans shall be submitted to the Planning Services Division for review and approval. Any decision by City staff may be appealed to the Planning Commission as a "Reports and Recommendations" item. 14. That final site, floor, colored elevation, and landscape plans shall be submitted to the Planning Services Division and Community Development Department for Planning Commission review and approval as a "Reports and Recommendations" item. 15. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 16. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire Tines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 17. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 18. That prior to submitting water improvement plans, the developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements. 19. 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 No. 1, and as conditioned herein. 20. That approval of Conditional Use Permit No. 2005-05023 is granted subject to approval of finalization of Reclassification No. 2005-00167., now pending. 21. That prior to issuance of a building permit, or prior to commencement of the activity authorized by this resolution, or within one (1) year from the date of this resolution whichever occurs first, Condition Nos. 2, 4, 5, 7, 11, 13, 14, and 15 above mentioned, shall be complied with. Extensions for further time to complete said conditions shall be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 22. That prior to final building and zoning inspections, Condition Nos. 10, 12, 17 and 19, above mentioned shall be complied with. 23. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal -3- PC2005-141 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. AND BE IT FURTHER RESOLVED that the property ownerldeveloper is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of September 19, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 16.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal: (ORIGINAL SIGNED BY CECILIA FLORES) CHAIRMAN PRO TEMPORE, ANAHEIM PLANNING COMMISSION ATTEST (ORIGINAL SIGNED BY ELEANOR MORRIS SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ' ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on September 1g, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, FLORES, KARAKI, PEREZ, ROMERO, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this day of 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005-141 [19RAFT] ATTACHMENT NO. 5 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2005-05023 (TRACKING NO. CUP2007-05282), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005-141 ADOPTED THEREWITH (1108 WEST LINCOLN AVENUE) WHEREAS, on September 19, 2005, Resolution No. PC2005-141 was adopted by the Anaheim City Planning Commission to grant Conditional Use Permit No. 2005-05023 to permit aresidential/commercial mixed use project at 1108 West Lincoln Avenue, and WHEREAS; the Anaheim Planning Commission did receive a verified Petition to amend Conditional Use Permit No. 2005-05023 to refurbish ahistorically-significant mixed use building to permit two apartment units, apublic/private park, and a Ruby's restaurant with sales and consumption of alcoholic beverages, outdoor dining, and outdoor "car hop" service with waivers of minimum number of parking spaces, permitted type of roof, canopy and blade signs, permitted type, size, number and letter height of wall signs, andpermitted location of monument signs pursuant to Code Section 18.60 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: THAT PORTION OF LOT I OF VILLA PLACE ADDITION, AT_ SHOWN ON A MAP RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY. LINE OF SAID LOT, 50 FEET. SOUTHWESTERLY pN THE SOUTHEASTERLY CORNER THEREOF SAID POINT BEING THE SOUTHWESTERLY CORNER OF THAT PARCEL CONVEYED TO THE CITY OF ANAHEIM BY DEED RECORDED IN BOOK 178, PAGE 329 OF DEEDS; THENCE SOUTHWESTERLY ALONG SAID- SOUTHEASTERLY LINE; 96 FEET TO A POINT; THENCE NORTHWESTERLY' AT RIGHT ANGLES TO SAID SOUTHEASTERLY LINE TO THE NORTHWESTERLY CORNER OF SAID PARCEL DESCRIBED IN SAID DEED.: RECORDED IN BOOK 178, -PAGE 329 OF DEEDS; THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF LAND SO CONVEYED 38.21 FEET TO THE POINT OF BEGINNING. THAT PORTION OF LOTS 1, 2, 3, 5 AND 6 OF THAT MAP ENTITLED `:`VILLA PACE ADDITION", RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, LYING SOUTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 6, SAID POINT BEING NORTH 15°34'13" WEST 126.31 FEET DISTANT FROM THE SOUTHWEST CORNER OF SAID LOT 6, SAID POINT ALSO BEING SOUTH 15°34'13" EAST 12.60 FEET DISTANT FROM. THE INTERSECTION SAID WESTERLY LINE WITH THE SOUTHERLY .LINE OF THAT PARCEL OF LAND DESCRIBED iN -THE FINAL ORDER OF CONDEMNATION TO THE STATE OF CALIFORNIA, AS PARCEL 200815-I, RECORDED .TUNE 5, 1998, DOCUMENT NO 1998-0352439, OFFICIAL -1- PC2008-*** RECORDS OF ORANGE COUNTY; THENCE, NORTH 88°55'I9" EAST A DISTANCE OF 191.33 FEET TO A TANGENT CURVE CONCAVE TO THE SOUTH; THENCE, ALONG SAID TANGENT CURVE CONCAVE TO THE SOUTH WITH A RADNS OF 1,144 FEET, THROUGH A CENTRAL ANGLE OF 2°34'55" AN ARC LENGTH OF 51.55 FEET; THENCE, SOUTH 88°29'46" EAST 83.20: FEET;'THENCE, SOUTH 42°43'17' EAST 4.38 FEET TO A.NON- TANGENT CURVE CONCAVE TO THE NORTHWEST; THENCE, ALONG SAID NONTANGENT CURVE CONCAVE TO THE NORTHWEST WITH A RADNS OF 53 FEET, THROUGH A CENTRAL ANGLE OF 71°22'35" AN ARC LENGTH OF 66.02 FEET TO THE SOUTHERLY LINE OF SAID LOT 2. THOSE PORTIONS OF LOTS 1 AND 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP OF THE VILLA :PLACE ADDITION RECORDED IN BOOK. 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE:. CENTERLINE. INTERSECTION OF CENTER STREET AND WEST STREET AS SHOWN ON SAID MAP; THENCE SOUTH 75°27'34" WEST 33.24 FEET ALONG THE CENTERLINE OF SAID CENTER STREET; THENCE LEAVING SAID CENTERLINE SOUTH 50°58'01" EAST 0.40 FEET TO THE WESTERLY RIGHT OF WAY LINE OF WEST STREET, 66.00 FEET IN WIDTH, AS SHOWN ON SAID MAP; THENCE SOUTH 14°28' 16" EAST 34.68 FEET ALONG SAID WESTERLY RIGHT OF WAY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID CENTER STREET; THENCE LEAVING SAID WESTERLY RIGHT OF WAY LINE SOUTH 75°2734" WEST 163.54 FEET ALONG SAID: SOUTHERLY RIGHT OF WAY. LINE TO A POINT OF CUSP WITH A TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 47.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 14°32'26' EAST; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY LINE, NORTHEASTERLY, NORTHERLY AND NORTHWESTERLY 97.86 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 119°17'55" TO THE NORTHERLY RIGHT OF WAY LINE OF SAID CENTER STREET AND THE TRUE. POINT OF BEGINNING; THENCE CONTINUING NORTHWESTERLY, WESTERLY AND SOUTHWESTERLY 83.05' FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 101°14'14" TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS 53.00 FEET; THENCE .SOUTHWESTERLY 13:02 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°04'34" TO THE EASTERLY LINE OF PARCEL 1 OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 14, 2005 AS INSTRUMENT NO. 2005000999142 OF OFFICIAL RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID POINT BEING A POINT OF CUSP WITH ANON-TANGENT CURVE CONCAVE WESTERLY HAVING A RADNS OF 50.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID PAINT BEARS SOUTH 60°27'03" EAST; THENCE ALONG THE EASTERLY LINE OF SAID PARCEL 1; THE FOLLOWING COURSES: NORTHERLY 22.79 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 26'07' 13" AND NORTH 03°25'44" EAST 18.23 FEET; THENCE LEAVING SAID EASTERLY LINE -2- PC2008-*** SOUTH 87°27'46" EAST 143.90 FEET TO SAID NORTHERLY RIGHT OF WAY LINE; THENCE SOUTH 75°27'34" WEST 72.46 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING. PARCELl: LOT 7 OF THE VILLA PLACE ADDITION, IN THE CITY OF ANAHEIM; COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAF RECORDED IN BOOK 6, FAGE 8 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS PARCEL 200815-1, IN THE FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 759 653, A CERTIFIED COPY OF WHICH RECORDED JUNE 5; 1998 AS INSTRUMENT NO 19980352439 OF OFFICIAL RECORDS, IN THE OFFICE OF SAID COUNTY RECORDER. ALSO EXCEPTING THEREFROM THAT PORTION OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 5 AS THE LAND IS DESCRIBED IN THE GRANT .DEED RECORDED DECEMBER 14, 2005 AS INSTRUMENT NO. 2005000999142 OF SAID OFFICIAL RECORDS; THENCE ALONG TH EASTERLY AND NORTHERLY LINES OF SAID PARCEL 5, THE FOLLOWING COURSES: NORTH 14°32'26" WEST 113.45 FEET AND SOUTH 89°57'19" WEST 51.64 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5 AND THE TRUE POINT OF BEGINNING; THENCE CONTNUING SOUTH 89°57'19" WEST 12.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1191.01 FEET; THENCE WESTERLY 38.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°52'11" TO THE WESTERLY LINE OF SAID LOT 7; THENCE NORTH 14°32'26" WEST 5.32 FEET ALONG SAID WESTERLY LINE TO A FOINT ON THE SOUTHERLY LINE OF THAT PARCEL OF LAND DESCRIBED IN THE FINAL ORDER OF CONDEMNATION TO THE STATE OF CALIFORNIA, AS PARCEL 200815-1, RECORDED JUNE 5, 1998 AS INSTRUMENT NO. 19980352439 OF SAID OFFICIAL RECORDS; THENCE NORTH 81°09'19" EAST 50.19 FEET ALONG SAID SOUTHERLY LINE TO THE EASTERLY LINE OF SAID LOT. 7; THENCE LEAVING SAID SOUTHERLY LINE SOUTH 14°32'26° EAST 12.60 FEET ALONG SAID EASTERLY LINE OF LOT 7 TO THE TRUE POINT OF BEGINNIING. PARCEL 2: LOT 8 OF THE VILLA PLACE ADDITION; IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN BOOK 6, PAGE 8 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF LAND LYING NORTHERLY OF THE NORTH LINE OF THE LAND DESCRIBED AS PARCEL DD 200814-O1-Ol, IN THE DIRECTOR'S DEED RECORDED JANUARY I5, 2004 AS INSTRUMENT NO. 2004000033746 OF SAID OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF LAND LYING WITHIN SAID PARCEL DD 200814-O1-Ol. COMMENCING AT THE SOUTHEAST CORNER OF PARCEL 5, AS THE LAND IS- DESCRIBED IN THE GRANT DEED RECORDED -3- PC2008-*** DECEMBER 14, 2005 AS INSTRUMENT NO. 2005000999142 OF SAID OFFICIAL RECORDS; THENCE ALONG THE EASTERLY AND NORTHERLY LINES OF SAID PARCEL 5, THE FOLLOWING COURSES: NORTH 14°32'26" WEST 113.45 FEET, AND SOUTH 89°57'19" WEST 51.64 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 5; THENCE CONTINUING SOUTH 89°57'19" WEST 12.56 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHERLY HAVING A RADNS OF 1191.01 FEET; THENCE WESTERLY 38.87 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 1°52'11" TO THE WESTERLY LINE OF SAID LOT 7 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING WESTERLY 66.13 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3°16'39" TO THE NORTHERLY LINE OF SAID PARCEL DD 200814-01-01, SAID POINT BEING A POINT OF CUSP WITH A NON-TANGENT CURVE CONCAVE NORTHERLY HAVING A RADNS OF 1281:00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 6°35'53" EAST; THENCE ALONG SAID NORTHERLY LINE, THE .FOLLOWING COURSES: EASTERLY 50.23 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2°14'48", AND NORTH 81°09'19" EAST 17.09 FEET TO THE NORTHEAST CORNER OF SAID PARCEL DD 200814-O1-Ol; THENCE LEAVING .SAID NORTHERLY LINE SOUTH 14°32'26" EAST 5.32 FEET ALONG THE EASTERLY LINE OF SAID PARCEL DD 200814-O1-01 AND SAID LOT 8 TO THE TRUE POINT OF BEGINNING. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to amend apreviously-approved conditional use permit to refurbish ahistorically-significant mixed use building to permit two apartment units, a public/private pazk, and a Ruby's restaurant with sales and consumption of alcoholic beverages, outdoor dining, and outdoor "car hop" service is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.32.030.120 with the following waivers: (a) SECTION NO. 18.42.040.010 (b) SECTION NO. 18.44.040.170 Minimum number of pazking spaces. (71 required; 57 proposed). Permitted tune of roof, canonv, and blade signs. (Roof, canopy, and projecting blade signs prohibited; one roof, one canopy, and three blade signs proposed). -4- PC2008-*** (c) SECTION NO. 18.44.080.090 Permitted location of monument signs. (50 foot setback required; 38 feet proposed). (d) SECTION NO. 18.44.110.010 Permitted type, size, number, and letter height of wall signs. (Withdrawn). 2. That waiver (a) is hereby approved based on the conclusions contained in the parking study that there will be an adequate number of parking spaces to accommodate the proposed mixed use project. Therefore, the waiver, under the conditions imposed, will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such. spaces necessary to accommodate alt vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 3. That waiver (d) has been withdrawn since it was deleted subsequent to advertisement of the conditional use permit, and waivers (b) and (c) are hereby approved since the requested roof, canopy, and blade signs and location of monument sign would be appropriate for the proposed historically-significant mixed use project at the entryway to the downtown historic district and said signs would be in conformance with the principles enumerated in the Community Design Element of the General Plan (Anaheim Colony Design Guidelines). Moreover, the requested signs were reviewed and approved by the Redevelopment Agency's architectural/historical consultanC 4. That the proposed refurbishment of ahistorically-significant mixed use building will not adversely affect the adjoining land uses, br the growth and development of the area in which it is proposed to be located as new construction is not proposed, only interior modifications. 5. That the Anaheim Police Deparhnent recommends approval of the request for sale and consumption of alcoholic beverages in conjunction with a full service restaurant since there is not an over-concentration of ABC licenses and the crime rate is slightly above the City average, subject to the conditions of approval contained herein. 6. That the project is subject to modification of development standards in the Mixed Use Overlay zone in order to achieve good project design, privacy, livability, and compatibility with surrounding uses. The proposed setbacks are adequate as minor setback deviations will not have an adverse affect on adjacent neighbors. Moreover, the reduced building and landscape setback adjacent to Lincoln Avenue would be appropriate for the proposed historically- significant mixed use project at the entryway to the Anaheim Colony Historic District based on the principles contained in the Community Design Element of the General Plan (Anaheim Colony Design Guidelinesj. 7. 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- PC2008-*** 8. That granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a land use that is compatible with. the surrounding area. 9. That *** indicated their presence at the public hearing in opposition; and that *** correspondence was received in opposition to the subject request. ' CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find and determine that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2005-OS023 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve Conditional Use Permit No. 2005-OS023 (Tracking No. CUP2007-OS282) to refurbish ahistorically-significant mixed use building to permit two apartment units, apublic/private pazk, and a Ruby's restaurant with sales and consumption of alcoholic beverages, outdoor dining, and outdoor "car hop" service, with the waivers of the aforesaid provisions of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval, in their entirety, for Resolution No. PC200S-141, adopted in connection with Conditional Use Permit No. 2005-OS023, to read as follows: COA Conditions of Approval Responsible for Monitorin TIMING: PRIOR TO ISSUANCE OF BUILDING PERMIT COA 1 That as requested by the applicant, a westbound left turn Public Works - pocket and left tum diverter described in the approved traffic Traffic study for the project shall be installed in connection with the project. Street improvement plans shall be submitted for the related traffic circulation improvements at the intersection of Lincoln Avenue and Cazleton Avenue to the Public Works Department, Development Services Division for review and approval. All improvements shall be installed and completed prior to the first final building and zoning ins ection: COA 2 That plans submitted for building permits shall include a Police , note that if an alarm system is installed; a Burglary/Robbery Alarm Permit application, Form APD S 16, shall be completed and submitted to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter. COA 3 That parking lot lighting or security lighting located in the Code Enforcement pazking area shall be low-intensity and directed away from adjacent residential properties. -6- PC2008-*** COA Conditions of Approval Responsible for Monitorin COA 4 That a Fire Emergency Listing Card, Form APD-281, shall Fire be completed and submitted to Police Department. The Form is available at the Police De artment front counter. COA 5 That plans shall be submitted showing conformance with the Public Works - current version of Engineering Standard Details 436 and 470 Traffic, Planning pertaining to parking standards and Engineering Standard Detail 473 pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said Tans. COA 6 That trash storage area(s) shall be maintained in location(s) Planning, Public. acceptable to the Public Works Department, Streets and Works -Sanitation 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 to 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 (1) gallon sized clinging vines planted on maximum three (3) foot centers, or tall shrubbery. Said information shall be specifically shown on plans submitted for Public Works Department, Streets and Sanitation Division a provaL COA 7 That all air-conditioning facilities and other ground-mounted Planning 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 buildin ennits: COA 8 That the locations for future above-ground utility devices Planning 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 de artments. COA 9 That any required relocation of City electrical facilities shall Utilities -Electrical be at the property owner/developer's expense. That Engineering landscape and/or hardscape screening of all pad-mounted , equipment shall be required and shall be shown on plans submitted for building permits. -7- PC2008 *** COA Conditions of Approval Responsible for '~ ' "` Monitorin COA 10 That gates shall not be installed across any driveway or Public Worlcs - private street in a manner which may adversely affect Traffic vehicular traffic in the adjacent public street. That if gates are proposed; such installation shall conform to Engineering Standazd Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted for building ermits. COA 11 That plans shall be submitted to the City Traffic and Public Works - TransportationManager for review and approval of wall and Traffic fence locations to determine conformance with Engineering Standard No. 115_ COA 12 That the property owner/developer shall be responsible for . Public Works - the relocation/removal of any equipment in the right-of--way Traffic in the event that street wideningor the proposed driveway entry conflict with existing a ui merit. COA 13 That .all backflow equipment shall be located above ground Utilities-Water, outside of the street setback azea in a manner fully screened Planning from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other lazge water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys, Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building ermits. COA 14 That since this project has a common landscaping azea Utilities -Water exceeding 2,500 squaze feet, a sepazate 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 ermits. TIMING; PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS COA 15 That prior to issuance of building permits, plans shall show Police, that four (4) foot high address numbers shall be displayed on Planning the roof of the building in a contrasting color to the roof material. Said numbers shall not be visible from view of the street or adjacent properties. Said information shall be subject to the review and approval of the Police Department and the Planning Depaztment, Planning Services Division. Plans submitted for building permits shall include a note that said numbers shall be provided prior to the first final building and zoning ins ection for each building. -8- PC2008-*** COA Conditions of Approval Responsible for Monitorin COA lb That fire lanes shall be posted with "No Parking Any Time." Public Works - Said information shall be specifically shown on plans Traffic submitted for building permits. COA 17 ' That subject property shall be developed substantially in Planning . 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 24, and as conditioned herein. GENERAL COA 18 That compact parking spaces shall not be permitted. ' Planning COA 19 That the wall sign, with an approximate 64-square foot sign Planning area, on the west building elevation shall be used for public and/or community related and historically significant displays, announcements, images, and murals only: Said wall sign shall not be used to advertise any restaurant-related products or services. Plans shall be submitted to, and approved by, Planning Department staff prior to the replacement or installation of said wall signs: COA 20 There shall be no bar or lounge azea upon the licensed Police, premise maintained for the purpose of sales, service, or Code Enforcement consumption of alcoholic beverages directly to patrons for consumption. COA 21 At all times when the premise is open for business, the Police, premise shall be maintained as a bona fide restaurant and Code Enforcement shall provide a menu containing an assortment of foods normally offered in such restaurant. COA 22 There shall be no pool tables or amusement devices Police, maintained upon the premises at any time unless the proper Code Enforcement permits have been obtained from the City of Anaheim. COA 23 The gross sales of alcoholic beverages shall not exceed 40 Police, percent of the gross sales of all retail sales during any three Code Enforcement (3) month period. The applicant shall maintain records on a quarterly basis indicating the sepazate amounts of sales of alcoholic beverages and other items. These records shall be made .available for inspection by any City of Anaheim official when re uested. COA 24 There shall be no live entertainment, amplified music or Police, dancin ermitted on the remise at any time. Code Enforcement COA 25 The sale of alccholic beverages for consumption off the Police, premise shall be prohibited.. Code Enforcement COA 26 There shall be no exterior advertising of any kind or type, Police, including advertising directed to the exterior from within, Code Enforcement promoting or indicating the availability of alcoholic beverages. -9- PC2008-*** COA Conditions of Approval Responsible for Monitorin COA 27 The activities occurring in conjunction with the operation of Police, this establishment shall not cause noise disturbance to Code Enforcement surrounding roperties. COA 28 That subject alcoholic beverage license shall not be Police„ exchanged for a public premise (bar) type license nor shall Code Enforcement the establishment be operated as a public premise as defined in Section 23039 of the Business and Professions Code, COA 29 There shall be no admission fee, cover charge, nor minimum Police, purchase required. Code Enforcement COA 30 That all doors serving subject restaurant shall conform to the Fire requirements of the Uniform Fire Cade and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. COA 31 : There shall be no public telephones on the property that are Code Enforcement located outside the building and within the control of the a licant. COA 32 That no "happy hour" type of reduced price alcoholic Police, beverage romotion shall be allowed. Code Enforcement COA 33 Petitioner shall not share any profits; or pay any percentage Police, or commission to a promoter or any other person, based Code Enforcement upon monies collected as a door charge, cover charge, or any other form of admission charge, including minimum drink orders; or the sale of drinks. COA 34 That the pazking lot serving the premises shall be equipped Planning, Police; with lighting of sufficient power to illuminate and make Code Enforcement easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. COA 35 That alcohol must be consumed inside the restaurant and/or Police, enclosed outdoor dining area. Alcohol shall not to be Code Enforcement delivered or consumed in the pazking lot area in conjunction with the "caz hop" service. COA 36 That the outdoor patio azea must be completely enclosed Police, with at least a 42 inch high fence and entry capability only Code Enforcement from within the restaurant azea. COA 37 That no required parking area shall be fenced or otherwise Planning, enclosed for outdoor storage use. Code Enforcement COA 38 That any tree planted on-site shall be replaced in a timely Planning, manner in the event that it is removed, damaged, diseased Code Enforcement and/or dead. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of discovery. -10- PC2008-*** COA Conditions of Approval Responsible for Monitorin COA 39 That approval of this application constitutes approval of the Planning 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 re uirement. COA 40 That timing for compliance with conditions of approval may Planning 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. Failure to pay all chazges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2008. 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. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -11- PC2008-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretazy 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 January 23, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -12- PC2008-*** v clean city ® ,., - s ATTACHMENT NO. 6 LETTER OF OPERATION The proposed Ruby's Diner will be developed as part of a mixed use project on the ground level of the 6,816 square foot Five Points structure. Ruby's Diher includes 3,923 square feet of space and an additional outdoor patio space... The Ruby's Diner has been parked per code which requires 15 parking spaces per 1,000 of restaurant space. A total of 58 parking stalls are required. As the Ruby's Diner is part of a larger mixed-use project, parking should be considered. as part of the larger Conditional Use Permit. Hours of operation will be 6 am to 2 am seven days per week. There wilt be seven to ten employees on site in two shifts. Beer and wine will be served inside the restaurant. Car hop service will be available from 6 am until 11 pm. Ruby's Diner has experienced significant growth in the last two (2) decades. In the 1990's, The Ruby Restaurant Group opened 27 Ruby's Diners in Southern California, Pennsylvania, Nevada, New Jersey and Missouri. While the basic decor (bright red vinyl booths with white Formica tables, soda fountains and colorful 1940's poster art) and menu remained the same, creative touches were added to many of the Ruby's Diners by developing modified themes to fit the local area. For example, the Ruby's AeroDiner in Laguna Hills (located near the former EI Toro Marine Air Base) features a collection of miniature World War II aircraft that actually "fly" through the restaurant on a track. The Huntington Beach pier location has a "Surf City" theme complete with surfboards and other authentic surfing memorabilia. Ruby's Super Chief Diner, a mere walking distance from the famous San Juan Capistrano train station, has scale model trains running through the restaurant. During the Company's growth, Ruby's Management focused heavily on maintaining high food and service standards while consistently updating the menu to appeal to their growing customer base. Today the menu offers a large variety of breakfast favorites, "Veggie Delights", a 40% "lighter" in fat "Cite Fries," salads, sandwiches, lunch and dinner specials, and fountain treats. As founder Doug Cavanaugh is proud to say, "The fun atmosphere inspires people to come to Ruby's for the first time, but our high quality food, friendly service and reasonable prices keep them coming back." Another reason for Ruby's prosperity is the Company's progressive management style and the high caliber employees that they attract. Practically all aspects of the restaurant's operations are handled in-house, including the recruitment and Application for CUP, 1128 W. Lincoln Avenue r.~~~ ~~n7 ~ 7 ~ ~ ® - _ ® - . _, _ _ -. J clean city _- training of management and hourly employees, product development, repair and maintenance, and accounting functions. All managers hired by the Ruby Restaurant Group are thoroughly trained ,by completing the "Ruby's Management Training Program". In this program, managers are taught the duties of each position in the restaurant and learn the stringent quality standards required in the operations of a Ruby's Diner. "People seem to really enjoy being a part of the Ruby's team, certainly a big part of our success is that ouYemployees like to work at Ruby's. We are lucky to have such a great team! We are committed to exceeding our guests' expectations of us. This means that we must always provide great food and spectacular service in a sparkling clean restaurant," states Cavanaugh: "As our motto says, 'Only the best for our guest!"` (Information source: Ruby's Diner Corporate profile) Application for CUP, 1128 W. Lincoln Avenue ;.;~ h1o5De licme Ferk Oratlay Zone N Z r MIDWAY ORIV'c 1- 1(6A%) Vr Z 6MALL'IMIU6T61ALFIW 11~~1 Cf ~j( 113AbCl _~~ Z +ars $ m FG (SABC) ANAHEIM MARKETPLACE D R INDOOR SNAP MEET `OR E ~ C r m (sAOC q ;(] 0 T ANAHEIM RESORT RV PARK r GOLDEN SHIES MOOILE HOME PART( Home Perlc ui a 0 I (SABC) SMALL IND. FIRMS sv ma VACAM ALRO WAY a' 61.1 nuL r6w OUPPLV :A+B2~1 g, 02,1 BER0.a?ROMS CF9lDRENS STORE uc ~c«t sy ®,L~ ~~9 ~ ~^. 7~~~ \ ~~ 9~ uc I6A6q RESTAURANT CERRITOS AVENUE I~saac~ V CAN I (SABC) SMALL IND. FIRMS Conditional Use Permit No. 2002-04610 (Tracking No. CUP2007-05281) 125-157 West Cerritos Avenue Subject Property Date: January 23, 2008 M. BALL PO E6 LFC Q Q p ECEPftRp6 AVE O O 6 F O C m U N W, 3 ~ y ~W m a W IWiELL AAVE ~F N N a ENATELLAAVE ~o4ao July 2006 Conditional Use Permit No. 2002-04610 (Tracking No.2007-05281) Subject Property Date: January 23, 2008 ~ N ,' .~ R O ~ ELEPgITOSAVE - ~ 3 Q ` t ~ of q W-a m cyn, N W. KAIELLA AVE W9Y y E FATELIAAVE 125-157 West Cerritos Avenue 10446 ITEM N0: 7 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT 200 5. Anaheim Blvd. Suite #162 Anaheim, CA 92605 Tel: (714) 765.5139 Fax: (714) 765-5280 www.anaheim.net DATE: JANUARY 23 2008 FROM: - PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERNIIT N02002~04610 WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2007-05281). LOCATION: 125-157 W. Cemtos Avenue APPLICANT/PROPERTYQWNER The applicant is Zohreh Shayan, agent for Pacific GIS Ina (dba Sultan Adult Day Healthcaze Center). REQUEST: The applicant requests a reinstatement of a previously approved.' Conditional Use Permit for.: an adult; daycaze within a commerciaUindustrial complex. with 485 pazking spaces where 650 spaces aze required and to delete a condition of approval pertaining to a time limitation;" RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion, approve a Categorical Exemption, Class L (b) By resolution, approve an amendment to Conditional Use Permit No. 2002- 04610 with fewer pazking spaces than required by code and to delete the time limitation'condition. BACKGROUND: This property is located at the northwest portion of a commerciaUindustrial center developed with eight multiple tenant buildings: The site is zoned General Commercial (CG) and located within Subazea 2 of the South Anaheim Boulevazd Corridor Overlay zone. The Anaheim General Plan designates this property for General Commercial land uses and properties to the south and east for General Commercial and Industrial land uses. Properties to the north of the site are designated for Low-Medium Density Residential uses and Interstate S is located to the west of the site, Conditional Use Permit No. 2002-04610 to establish a 13,650 square foot adult day care faciliTy with a waiver of pazking requirements was approved by the Commission on October 7, 2002. The Commission also included a condition of approval for the entitlement to expire in five yeazs. CONDITIONAL USE PERMIT NO. 2002-04610 January 23, 2008 Page 2 of 2 PROPOSAL: The applicant requests that the conditional use permit be reinstated with no time "' limitation as the adult day Gaze facility has been operating in conformance with all conditions of approval pertaining to the permit. There are no outstanding complaints pertaining to this property., Code Enforcement Division staff conducted an inspection of the property on December 14, 2007, and found that the property is being maintained and that there aze no municipal code violations: Since approval of this permit, there have been no changes. to the General Plan and Zoning Code that would affect this project. Staff believes that the time limitation was placed on the permit because of concerns with compatibility of this use with the adjacent office/industrial uses. The adult day caze facility has operated as approved, and the City has not received any complaints. Therefore, staff recommends that the conditional use permibbe reinstated with no time limitation. Respectfully submitted, Con une by, Principal Planner 1 ing Services Manager Attachments: I. Letter of Request 2. Prior Resolution 3. Code Enforcement Memorandum 4. Draft Resolution The following attachments wereprovided to the Planning Commission and aze available for public review at the Planning Services Division at City Hall. 5. Planning Commission Staff Report (October 7, 2002) 6. Planning Commission Minutes (October7, 2002) ATTACHMENT NO. 1 125 W. Cerritos Avenue I)1~~ ®ni>~n admmld rlae~ lae~l~la Anaheim Ca 92805 714-778-9000 Te1:714-778-9010 Fax ire cen$er 11/20!2007 This letter is to request a time extension and deletion of time restriction on Conditional Use Permit # 2002-04610. The reason for this request is that this Adult Day Health Care Center has been in business since 2003 and will remain in business in the future. There have been no changes in the past and there will be no changes to any physical aspect of the property in the future. There have been no changes to the land use of the immediate vicinity and no changes are anticipated in the future. All the conditions of approval pertaining to the original use permit have been complied and willbe complied with in the future. Thank you, ~~~~ Zohreh Shayan CEO and Administator. CUP N0.2c~'~= 0 ~ 6 10 ` ATTACHMENTNO.2:. ; ;..._ RESOLUTION NO: PC2002-154 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT"PETITION FOR CONDITIONAL.USE PERMR NO.°2002-04610 BE GRANTED; ' FOR FIVE. ,YEARS UNTIL OCTOBER 7;;2007 ' ,. ; WHEREAS, the Ahaheim City Plarining Commission didreceive a verified Petition fo'r Corldi8onal Use: Perrrilt for certain deal property situatedan Elie City of Anahelrri, County of Orariga, Statebf California, descrl6ed as: ; ° ` ,.. ` ; .: ': .'' .,, ;: _ . , PARCEL 1, AS SHOWN ON A MAP, FII:ED IN BOOK 131, PAGES 1 AND 2 OF.' PARCEL MAPS; IN"THE OFFICE OF 7HE COUNTY RECORDER OF DRANGE . '. COUNTY, CALIFORNIA ' ~; .WHEREAS; the CIty Planning Cemmfssion did. hold a public hearing at the. Civic Center in :'the City of Anaheim on October 7, 2002 at 1:30 p.m., notice of Bald public hearing having been'duly given as required by law'and In accordance with the proytsions oRthe Anaheim fduniclpat ¢ode,;,Chapter i 8.03, to ' ` bear and cohsiiler evidence for aril 'against said'proposed conditional use permit and to'investigate and ::. make findingsarid recommerida6ons'In connectlori therewith; and " ~ ,: ~ ~ ' ' WHEREAS; said Commission; after due inspection, in4estigafiorr end study made by itself' and in Its behaif,`arid after due consideratlort of ail evidence and reports offered"af said hearing, does find and determine' ni'e following facts; ' ' `i. Thaf the proposal, adult daycare, is an unlisted use for which a ponditlonal use penult is autfiarized by Anaheim Muriidpal Code Section 18.03.030.010 with waiver of the following: Sections 18.'06.050.020.021.0212 Mlnimum'number of oarkina spaces. 18.06.050:020:023.0231 (850soecasrequUed; 18.06.050.020.026.0263 485 soaves proposed and concurced with by the City Trafrc and - - 18.06.050.020.026.0264 Transportation Manager) i 8.06 A 50.020.026.0266 1B 06.050.030.031 18.06.080. and 18.44,066.050: 2. That the waiver of minimum number of parking spaces, under the conditions imposed'and based on the wnduslons contained in the submitted perking study which,is discussed'In paragraphs (16). . through (16) of the Staff Report to the Planning Commission dated October 7, 2002, mull not cause fewer off- sireel parking spaces to be,provided for the proposed use than the number of such spaces necessary to' accommodate all vehides attributable to the adult day care facility and the commercial complex. in which It" will be located under normal and reasonably foreseeable conditions of opere8on of such use..: 3. That the waiver, under the conditions Imposed, will not Increase the demand and competition " . for parking spaces upon the pubilc streets in fhe immediate vicinity of the proposed use. 4. That the waiver, under the conditions Imposed, will not increase the demand and wmpetHlon " for parking spaces upon adjacent private properly In the immediate vicinity of the proposed use. 5. That the waiver, under the condRlons Imposed, will not increase traffic congestion wilhln.the off-street parking areas or lots provided for the approved use. 6. That the waiver, under the conditions Imposed, will not Impede vehicular ingress to or egress from adjacent properties upon the pubilc streets In the Immediate vicinity of the proposed use. 7, _ . That the size and shape of.the site for the proposed use is adequate to allow full • development of,the proposal in a manner not detrimental toYha partloular area hor to the peace, health, ` satety and general welfare because the proposed church doesfiofinclude any physical expansion of the existing building. CR5482DM.doc '' ~, -- ?1- PC2002-154 ',. ._... - - .~ 8. , That granting this conditional use permit; under the'condUlons mposed, will not be detrirrmental fo the peace, healUt, safety and genetal welfare of the citizens"of the Clty of Anaheim. , _ _. ,. 9: _ ' That the proposed use will not adversely affect the ,adJoinigg office and lndustrlaLland uses nor restrict the growth and development df tfie,area inr~hich'it isproposed to be located due fo the ° complemertary hours'of operation relative to`adJacenfand neartiy tius(nesses. ' . _. 10. , That the traffic generated'by the proposed use will not'snpose an dndue burden upon the streets and hlgliways designed and improved to certytrafflc ln'the area based on the findings of the,parking study whichlindicata :adequate on'sfte parking for all usee'on the property. „, _ : , _11, -. ,That no one Indicated their presence at the public heartng'in opposition to the prop'osal;, and .that no correspondence was received in opposition.' c ., ,:., .. ~,. ,._ . CALIFORNIAfNVIRONMENTAL gUALRY ACT FINDING: The Planning Director's: authortzad representative has'datennlned that the proposed proJectfialls withlri the definition of.Categortcal " >Exemptions;.Class 1; astle0ned'In the State of Cal(forrtla Environmental ImpacCf2ep'ort ("EIR")'C,uidelines >andis,therefore'cetegortcallyexemptfromtheregufrementtopreparean'EIR. ~.. ,.. -. NOW;THEREFORE,'BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant ubJecf PeNUdn for Condi0onal Use Permit, upon the following conditions which'are hereby. ` - found to be a necessary.prerequisite to the proposed:use of the subJe0t propeRy;in ordecto preserveae . safety and general welfare of the Citizens of the City of Anaheim:. - '. ', ., _ , 1. That, as stipulated In the petitioner's leper of operation, the hours of operation for this adult daycare .business (far parsons 65 years of age and older) shail_be Iimitad to Mondaylhrough Friday; 9:OD a.m. to 3:00 p:m.; and that the number of cUents shall be limited Co.two huhdred (200), 2. That no portable signs shall be vUUzed to advertise this business; (hetsigns shall beiimited to the, two (2) ezlsWg wall sign cabinets; and that any additional signs shell be rovieweiJ'end, approved by the- Planning Commission as a °Reports and Recommendations" Item. That the client drop-off and loading area shall be limited to the north parking lot ImmeiJiately'adJacent to ~~~~ the building. Said drop-off area shall be specUied on the plans submitted for,building permits. 4. That no required parking area shall be fenced or othenvlse enclosed far storage orothar outdoor uses. 5. ThaYplans shall be submitted to the 2oning Division for review and apprdval showing tha patio ~'qI, Improvements along the west building elevation. Said area shall be developed and'maintalned In ~ ' "\\~ conformance with said epproveL 6. That the property shall be pennanenUy maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debds, and removal of grafflU within twenty four (24) hours from Ume of occurrence. 7. 'that four (4) foot high street address numbers shall be displayed an the roof of. the building in a contrasting color to the roof material. The numbers shell not be v(smle to the street or adjacent and - ~ earby properties. Satd infonnadon shall bespecUically shown.on plans submlded for Police epartrnent, Community Services Division, review and approval. 8. That sub]ect property shall be maintained substantialry In accordance with plans and specifications • submitted to the City of Anahetm by the pelltionar and which plans are on file with the Planning Department marked Exhibit Nos.1 and 2, end as conditioned herein, 9. That prior io issuance of a building permit, or prior to commencemenfof the acdvfty authortzed by this resolution, orwithin a period of one (1) year from the date of this resoution, whighevar occurs first, , . _ Condition Nos: 3, 5 and Z, above•meritloned, shall be wmglled with. Eztensrons for'furthertime to : ' ; complete said oondlUons maybe granted in'accorrlance wltRSectlon 1,8:03:090 of the Anaheim , ,.Municipal Code..::. , .. : . ;. ~ ,' . •.. - . _2- _ _ PC2002 154. „ " _~ :. ~ ". 10. That prior to final building and zoning Inspecilons.or prior to commencement of the activity authorized bythis ~esalution, vihlchever occurs flrsl;.Gonditlon No.'8; above-menfiohed; shall be complleii with. ' 11. That approval of this applicationconstitutes~approval of the proposed request only to the extent that it complies-with the Anaheim Municipal Zoning Code and any oth'er,applicable City, State and Federal' ' regulations: Approval doe's hot include any actlon'oF findings as,to compliance or approval of fhe ;'. request regarding any other applicable ordinance, regulation or requirement; ' 12. Thet this conditional use.perdmit shall expire on October 7, 2007. `' = BE R FURTHER RESOLVED that fhe Anaheim Clty"Planning'Commission does hereby find and.determine that adoption of this:Resolution Is expressly.predicated; upoh applicant's. ' compliance wtth each and all of the'oonditions fiereinabove set forth.,Should any such condition, or ahy part thereof; be declared thvalid or unenforceable by the Onal Judgment of any courtbf competent Jurisd(ctlon,.` ' then this Resolution, end any appiouals herein containetl, stialf;be deemed null and void.' ' `,TNE FOREGOING RESOLUTION was adopted at the Plennlog Commission meeting of October T, 2002. ; `r ' ::. ' lOriglrnl si~ee6 by J• Vti,nderblltl . .., _ CHAIRPERSON,.ANAHEIM CITY.PLANNING COMMISSION;: ,. ~. . ATTEST: ;' , '' '' i~ipael el~xe0'`ly:E F SECRETARY; ANAHEIM CITY PLANNING COMMISSION ;,~ STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) ' I, Eleanor Femandas, Secretary of the Anaheim City Planning Commission; do hereby certify that the foregoing resolution was passed and adopted et a meeting of the Anaheim Clty Pienriing Commisston bald on October 7, 2002, by the following vote of the members thereof: AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, EASTMAN, KOOS, ROMERO, VANDERBILT NOES; COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this . day of 2002. fOfi61att1 ei~oei iy EI68n~ F~nen~1 SECRETARY, ANAHEIM CITY PLANNING COMMISSION . " ,, _ _: p A ' _ CITSC OF ANAI IEIM, CALIFORNIA " Y :- .,- Planning Department . ". - ~. .~ " „- ~~ " ~~:°Oaneo rya -- October 19,-2002 __ Mulier:MacArthur, LLC 23521;Paseo.De Valenclg # 200 ~ _ Laguna tillls, OA 92653 . .. ,. RE: CONDI710NAL USE PERMIT N0.2002-04610, - " PC2002-154' .' :. - , , Enclosed is a copy of the.resolutlon'dulyp~ssed and adopted by the Anaheim: City Planning Oommtssion, pertainllig to'your peUttorhai.theG meeting held on October 7, 2002. ` ' TYie Clty Counc(I reviewslhe action of the Planning Corrrmission on ail pe0tloris:"Twenty-two (22) days.-. ;, foliowlrig'the ie'solution of the Commisslori, it9.decielon will become flnafand effecflve,.unless dudng that' - time you or an opponent file ari appeal to the Councll'or the Gouncll elects to hold an additioslai public ' .hearing. Ail appeals must be filed Iri wrNng with the Cl1y Clerk' Wlthfh sixty (60) days following the,receipt of an appeal, a'date for public hearing before the Coundl will beset 5y'tFie City CIePk and anadvattised•public hearing will be held: 'The decision of the Council's Bearing, approving or.disapproving the action of the ; " Comniisslon, will tie fonvarcled to you and your opponent w[thin ten (10) days after Bald public heanng.by the City Council. The action of the Planning Commission grantlng approval of your request 15 contained in a ~esolutWnwhlch ' DOES NOT BECOME"EFFECTIVE until you have compiled with the conditions set forth in the resolution _ .within the time period established to the resolution, and it can 6e found that adequate provisibn has been made forthe public health, safetyand general welfare, if you have notcromplted with the conditions within the stated time limitation; your petition becomes null and void to accordance with Section 1&03.090; of the Anaheim Municipal Cade, unless a time extension is applied for by the petitioner and granted by the ' Planning Commission. In the event the subject property is in the process of being sold or has been sdld, please transmit the attached resolution to the person responsible for the completion of the conditions. Sincerely, o-~ ~~~ ~ Eleanor Fernandes, Senior Secretary Anaheim City Planning Commission EF1dm Enclosure cc: The Muller Company, 23521 Paseo De Valencia # 200 Laguna Hills, CA 92653. ATTACHMENT NO. 3 MEMORANDUM CITY OF ANAHEIM Code Er:forcenaent Division DATE: DECEMBER 14, 2007 TO: MINOO ASHABI, PLANNER FROM: MAYO SALAZAR CODE ENFORCEMENT OFFICER # 1019 SUB7ECT: 125-157 W. CERRITOS AVE., ANAHEIM, 92805 CUP2002-04610 TRACKING CASE #CUP2007-05281 On December 14, 2007, I inspected the above listed property; I observed the exterior of the commercial /industrial building to be well maintained and operating in accordance with their conditions of approval of CUP 2002-04610. I did not observe any A.M.C. violations. Please contact me if you have any questions regarding this matter. Mayo Salazar Code Enforcement Officer #1019 msalazarna,anaheim.net [DRAFTS ATTACHMENT N0.4 RESOLUTION NO. PC2007-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2002-04610 (TRACKING NO: CUP2007-05281), AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2002-154, ADOPTED THEREWITH (125-157 W. CERRITOS -SULTAN ADULT DAY CARE) WHEREAS, on October 7, 2002, the Anaheim Planning Commission adopted Resolution No. PC2002-154 in connection with Conditional Use Permit No. 2002-04610 to permit a 13,650 square foot adult day care facility in an existing office/industrial building with waiver of minimum number ofparking spaces located at125-157 W. Cerritos Avenue; and WHEREAS, said Resolution No. PC2002-154 includes the following condition of approval: "12: That this conditionaluse permitshall expire on October 7, 2007." WHEREAS, this property is currently developed with a multiple building commercial/industrial center within the South Anaheim Boulevard Corridor Overlay zoning and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the applicant has requested reinstatement of this conditiona] use permit to retain apreviously-approved adult day care center with fewer parking spaces than required by code and to remove the time limitation 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 January 23, 2008, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1. That the proposed reinstatement of this permit and the deletion of conditions of approval pertaining to a time limitation to retain apreviously-approved adult day care center is properly one for which a conditional use permit is authorized under Code Section 18.08.030 (unlisted uses) and Section 18.60.180 (Reinstatement of atime-limited permit) of the Anaheim Municipal Code and that the aforesaid waiver of minimum parking spaces was previously approved in connection with Conditional Use Permit No. 2002-04610 pursuant to the findings set forth in Resolution No. PC2002- 154 and that said findings have not changed.. 2. That the proposal, as conditioned, will not adverse]y affect the adjoining land uses and... the growth and development of the area in which it is located because the use permit has been operated in substantially the same manner as originally approved by the Planning Commission. -1- PC2008-*** 3. That the Code Enforcement Division indicates that no complaints have been received regarding the operation of this business, the conditions of approval have been complied with and the property is being properly maintained. 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist. 5. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 6. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health and safety of the citizens of the City of Anaheim. 7. That *** indicated their presence at the public hearing in opposition;' and that *** correspondence was received in opposition to the subject request. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal and does hereby find that the Categorical Exemption previously approved in connection with Conditional Use Pennit No. 2002-04610 is adequate to serve as the required environmental documentation in connection with this request. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby reinstate and approve Conditional Use Permit No. 2002- 04610 to permit an adult daycare center with fewer parking spaces than required by code and no time limitation 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: Responsible for COA Conditions of Approval Monitoring GENER,9L The hours of operation for this adult day care business (for COA 1 persons 65 years of age and older) shall be limited to Planning Monday through Friday 9:00 a.m. to 3:00 p.m.; and that the number of clients shall be limited to two hundred (200). No portable signs shall be utilized to advertise this business; that signs shall be limited to the two existing wall sign COA 2 cabinets; and that any additional signs shall be reviewed and Planning approved by the Planning Commission as a "Reports and Recommendations" item. -2- PC2008-*** Responsible for COA Conditions of Approval Monitoring The client drop-off and loading area shall be limited to the north parking lot immediately adjacent to the building. - COA 3 Planning No required parking area shall be fenced or otherwise COA 4 . enclosed for storage or other outdoor uses. Planning 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 time of COA 5 occurrence. Planning Subject property shall be maintained 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 mazked Exhibit Nos. 1 and 2, COA 6 ar~d conditioned herein. Planning 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 COA 7 include any action or findings as to compliance or approval Planning 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 khis Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. -3- PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of 7anuary 23, 2008. 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 Couneil Resolution in the event of an appeal. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 23, 2008, by the following vote of the members thereof: AYES: COMMISSION: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO,VELASQUEZ NOES: COMMISSION: NONE ABSENT: COMMISSION: NONE IN WITNESS WHEREOF, I have hereunto set my hand this day of 2008.... SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** OG fm REST0.URYNT O SUPPI Z ~y ~p `GGUOR OFNE.'INRU tR Stp0.c. RESti. U G C-G ORtR sTFU STORE B SABC Overlay Zone e RS-2 aL oR5.2 ~~ _y e~y ~E OtT'1 O~t.E0. p J m 1 GE _ - ~ SUPPLY U "" O COMPANY ~ ~ BALL ROAD t GG EACN t GU 1 pU EACH W FG RS-2 ~ ~ i DU EACH MARGATE DRNE m EL POLLO ~y ~ S ~ REST. ~ p y CAR R a a a DEALE I ~ O RCL 5354 13 ~ - ~- T-C 5278 ' 0 ; ~ m 39 Q CUP ~ n CUP 2886 ' CUP 1544 9 VAR 315 RS-2 DU E/ MILL AV t Q ADJ 0083 PCN 95-01 e SHOPPING CENTER RS-2 e ~~~ ' 1 DU EACH ~ C-G ~ 4DU 4DU l ANAHEIM GUEST HOME N2 0 ~ pHE MG~ES `~ E , HILL PL -' G' n. ~ l~ G ~ J 'RS-2 4 1 ~ RS-2 ® DU EACH 1~ C. 4D~H ~` i a 4DU ~ 1 DU EACH e W ~ C-G (SABC) u 3DU EACH C-G (SABC) 3DU ca~ t P S DU pEALER6HIP ~~_ <<'~' o WINSTON RD -(11-E gSORE CAR DEALERSHIP .'I CPR DEALER ~ lSPBCI DRIER - ~lc~Rl DFJ'LER ll5^°-' t(SAgGI R DEpIER s Subject Property Date: January 23, 2008 Conditional Use Permit No. 3959 (Tracking No. CUP2007-05276) 1221 South Anaheim Boulevard E ~ 4 W. BpLL RO ~ EDpLL lip V G O Q D ~ a 10432 Subject Properly Date: January 23, 2008 Conditional Use Permit No. 3959 (Tracking No. CUP2007-05278) 1221 South Anaheim Boulevard 10432 ITEM NO. 8 PLANNING COMMISSION AGElVI9A REPORT 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: JANUARY 23, 2008 FROM: PLANNING DIRECTOR SUBJECT: CONDITIONAL USE PERMIT NO.3959 WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2007-05278) LOCATION: T221 South Anaheim Boulevard ` APPLICANT/PROPERTYQWNER:' The applicant is Robert Veimeltfoort and the property. owner is Fiesta Properties LLC. REQUEST: The applicant requests approval of exterior and pazking lot improvements at Fiesta Mazket and the adjacent retail building.... The parking improvements are proposed to provide ADA compliant parking spaces and loading areas and the. fapade exteriorimprovements are proposed to modernize. the aesthetics of the mazket with contemporary architecture. The applicant also proposes 254 parking spaces where 260 spaces are required by code. RECOMMENDATION: Staff recommends that the Commission take the following; actions: (a) By;motion, approve a Categorical Exemption, Class L (b) By resolution, approve. an amendment to Conditional Use Permit No: 3959. with fewer parking. spaces than required by code. BACKGROUND: This hearing was continued from the January 7,' 2008, Planning Commission meeting. The 4.0 acre property containing two pazcels is developed with the El Polio Loco and Burger King drive-through fast food restaurants, the:Fiesta Mazket, and a multipletenantretail building.,The site is'zoned General' Commercial i (CG). The General. Plan designates this property and the properties to the north and east of the site. for General Commercial land use and the properties to the south and west of the. site for Low and Medium Density Residential land uses respectively. The Planning Commission previously approved Conditional Use Permit No: 3959 on September 15, 1997, authorizing construction of a 1,600 squaze foot addition to the Fiesta Mazket, a waiver of required pazking spaces from required 290 spaces to 267 spaces, a reduction of landscape setback adjacent to Iris Street and encroachment into required setbacks. :; CONDITIONAL USE PERMIT NO. 3959 Ianuary23; 2008 Page 2 of 3 PROPOSAL: The applicant proposes to improve the exterior of the mazket and adjacent retail ;, building and provide additional ADA pazking spaces and loading areas. The proposed improvements would remove a building mounted pole sign, significantly improve the: fagade by incorporating new architectural elements and screening the roof-mounted equipment and further reduce the parking spaces by 13 stalls. ANALYSIS: Code permits a modification of the commercial center subject to the approval of a conditional use permit. The,applicant also, proposes to reduce the number of pazking spaces. Following is staffls analysis and recommendations on the requested project. Issue: Parking - Conditiona] Use Permit No. 3959 included approval of a waiver to permit 267 parking spaces where 290 spaces were required by Code.: The proposed ADA pazking spaces and loading zoning would further reduce this number to 254 spaces. The currenf uses in the center require 260 pazking, spaces. based on the following ratios: Address Land Use S . Ft. Pazkin Ratio Re aired Pazkin Fiesta Mazket Market 27,064 5.5/1000 148.85 Bur erKin Fastfood 3,200 16/1000 51.2 El Pollo Loco Fast food 2,235 16/1000 35.76 RetaiUService Music store Nail salon Travel agent Bazber sho : 4,357 5.5/1000 23.96 Total 36,856 260 The previous pazking waiver was granted based on a parking study conducted by the City's traffic division in 1997, that determined the highest peak for the center required 75 pazking spaces. Because the uses in the center have remained'substantially the same with'new uses requiring less pazking than those previously approved, no' expansion to the building is proposed, and the proposed pazking improvements aze mandated by state and federal regulations, staff believes that the parking waiver is justified.` Issue: Non-conforming Signs and Structures -Staff conducted an inspection of the site and found two:wall mounted signs and flashing lights have been installed without permits on a music store in the: retail building.:In .addition, mechanical equipment has been installed on a canopy at the . reaz of the mazket building and is visible from residential properties to the west of the site on the opposite side of Iris Street. This equipment extends above theblock wall and needs to be relocated, or properly screened with landscaping to comply with A.M.C. Section 18.38.170. The property owner and the applicant have been informed of these non-confornuties' and agreed to work with Cade Enforcement Division staff to bring theproject site'into conformance by removing the prohibited signs and'obtaining building permits for structures or signs that have been installed without the benefit'of a building permit: In addition, the new proposed'sgnage would require ;- submittal of a new sign plan for the entire mazket and the adjacent retail uses thatwould be considered under a sepazate permit. CONDITIDNAJ. USE PERMITNO. 3959 January 23, 2008 Page 3 of 3 In addition, staff was contacted by the residents to the south of the site that aze sepazated from the ° -- mazket by a driveway. The residents complained that truck deliveries occur on this driveway instead of the reaz unloading azeas. This issue has also been communicated to the property owner and compliance with the original approval requiring loading and unloading in designated areas is required. CONCLUSION: Staff recommends approval of this project including the requested waiver because the proposed improvements are compatible with the commercial uses in the azea and include upgrades to the parking and enhancements to the buildings that would benefit the surrounding azea. Respectfully submitted, Principal Planner Co un•ed y, C I 'ng Services Manager Attachments- 1. Drag Resolution 2. Prior Resolution The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division at City Hall. 3. Plans 4. Planning Commission Staff Report (September 15, 1997) 5. Planning Commission Meeting Minutes (September 15, 1997) [DRAFT] ATTACIFIMENT NO. 1. RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR AMENDMENT TO CONDITIONAL USE PERMIT NO. 3959 (TRACKING NO. CUP2007-05278) BE APPROVED, AND AMENDING CONDITIONS OF APPROVAL OF RESOLUTION NO. PC97-129 (1221 SOUTH ANAHEIM BOULEVARD) WHEREAS; on September 15, 1997, the Anaheim City Planning Commission adopted its Resolution No. PC97-129 granting Conditional Use Permit No. 3959 to construct a 1,600 sq.ft. addition for one new retail space in an existing commercial retail center with the waiver of provisions of the Anaheim Municipal Code; WHEREAS, pursuant to the provisions of Section 18.60.190 of the Anaheim Municipal Code, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 3959, to remodel the exterior fagade of the Fiesta Market and the adjacent retail building and restripe the parking lot with fewer spaces than required by code, for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL 1 AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 337, RECORDED ~_ JUNE 22, 1995, AS INSTRUMENT NUMBER 95-0264493 OFFICIAL RECORDS OF THE COUNTY RECORDED OF ORANGE COUNTY. WHEREAS, the above-described property is developed with a 27,064 square foot market, a 4,357 square foot retail/service, and two drive-through restaurants (Burger King and EI Pollo Loco); that the property is zoned General Commercial (CG); and that the Anaheim General Plan designates the property For General Commercial land uses; WHEREAS, the Planning Commission on January 7, 2008, continued this item to the January 23, 2008, Planning Commission hearing as requested by the applicant; WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2008, 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 - PC2008-*** 1. That the proposed amendment would not adversely affect the adjoining land uses and the growth and development of the area in that the market and adjacent uses are existing and the proposed amendment to improve the parking and fapade of the buildings has no adverse affects on the surrounding areas; and 2. That the traffic generated by the use would not impose an undue burden upon the .streets and highways designed .and improved to carry the traffic in the area because adequate parking is provided on-site; and 3. That granting this .amendment to 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. 4. That *** indicated their presence at said public hearing in opposition; and that *** 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 for the reasons hereinabove stated does hereby grant the amendment to Conditional Use Permit No. 3959 as described above. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby amend the conditions of approval of Resolution No. PC97-129, pertaining to Conditional Use Permit No. 3959, as follows: Responsible COA/ for MMP Conditions of Approval Monitoring GENERAL COA 1 Prior to final and zoning inspections or within a period of one (1) Planning year from the date of this resolution, whichever occurs first, the 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. 1, through No. 4 and as conditioned herein. COA 2 That signs advertising businesses in the market and the adjacent Planning retail/services shall conform to the City of Anaheim sign regulations. Signs installed without the benefit of a building permit and prohibited by the Anaheim Municipal Code, shall be removed immediately. - 2 - PC2008-*** Responsible COA/ for MMP Conditions of Approval Monitoring COA 3 That timing For compliance with conditions of approval maybe Planning 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. COA 4 That extensions for further time to complete conditions of approval may Planning be granted in accordance with Section 18.60.170 of the Anaheim Municipal. COA 5 That approval of this application constitutes approval of the proposed N/A 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. COA 6 The property shall be permanently maintained in an orderly fashion by Code providing regular landscape maintenance, removal of trash or debris, and Enforcement removal of graffiti within twenty-four (24) hours from time of discovery. COA 7 Any tree and/or landscaping planted on-site shall be replaced in a timely Planning/ manner in the event that it is removed, damaged, diseased and/or dead. Code Additional landscaping shrubs shall be provided along Anaheim Enforcement Boulevard for parking lot screening. COA 8 The proposed block walls at the shopping cart storage areas and the Code block wall at the existing trash enclosure shall be enhanced with vines Enforcement to minimize opportunities for graffiti. COA 9 No outdoor storage shall be permitted other than for overflow of Code operable shopping carts. Carts shall be stored within the designed cart Enforcement storage areas adjacent to the main entrance. COA 10 The business shall designate an employee to monitor the parking lot Code every 30 minutes during business operating hours for cart retrieval. The Enforcement operator shall also post signs on the property and label each individual cart prohibiting the removal ofcarts from the property. - 3 - PC2008-*** Responsible COA/ for . _.._ MMP Conditions of Approval Monitoring COA 11 The wall mounted sign for the comer tenant of the retail building (music Code store) shall be replaced with conforming signs with completion of the Enforcement exterior faced improvements or within 90 days of this approval. COA 12 No outdoor storage shall be permitted at the southwest corner of the site Code and within public view. The gate access to the loading area at the rear of Enforcement the market shall remain closed at all times except during deliveries. COA 13 The open area between the existing market and the retail stores shall not Planning be used for outdoor seating unless authorized with a future restaurant use. COA 14 The tractors and /or trailers shall not be parked in the parking lot. Code Loading and unloading shall only occur in the loading area to the rear of Enforcement the market building. COA 15 The chiller equipment at the rear of the property is installed without a Planning building permit. Adequate architectural and structural plans for obtaining a building permit shall be submitted for review and approval. A building permit shall be obtained within 90 days from the date of this approval or the equipment shall be removed or relocated to an approved location. Plans shall include a screening method from the adjacent street and residential properties. COA 16 The delivery trucks shall access the property only from Anaheim Code Boulevard. An adequate 20 foot clear emergency access shall be Enforcement maintained at the joint driveway along the southerly property at all times. Delivery trucks shall not use this driveway for idling and shall turn off their engines during non-permitted hours of delivery. The authorized delivery hours are from 7:00 a.m. to 7:00 p.m. COA 17 Wheel stops shall be properly maintained at all times. Code Enforcement COA 18 Rooftop address numbers -Provide minimum size 4 feet in height, 2 Police feet in width and 6 inches thick spaced 12 to 18 inches facing the street to which the structure is addressed. Numbers shall be painted or constructed in a contrasting color. COA 19 Outdoor vending machines, public phones and temporary Code structures/canopies shall be removed within 90 days from the date of Enforcement this approval. - 4 - PC2008-*** Responsible COA/ for MMP Conditions of Approval Monitoring COA 20 Prohibited signs and lighting shall be removed. Code Enforcement COA 21 No trespassing signs shall be posted of the entrances of parking Police ' lots/structures and other appropriate locations. Signs shall be at least 2 feet by one foot with white background and black lettering. COA 22 ' Complete a Burglary/Robbery Alarm application, Form APD 516, and Police return it to the Police Department prior to initial alarm activation. This form is available at the Police Department front counter, or it can be downloaded from the following website: - http://www.anaheim.net/article.asp?id=678 COA 23 All entrances to parking areas shall be posted with appropriate signs per Police 22658(a) C.V. C. to assist removal of vehicles at the property owner's request. COA 24 Address numbers shall be positioned so as to be readily readable from Police. the street. Numbers shall be illuminated during hours of darkness. COA 25 The parking lot serving the premises shall be equipped and maintained. Police with decorative lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all person on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window areas of nearby residences. COA 26 All center signs including wall mounted and monuments signs shall be Planning submitted under a separate permit. 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 I S days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs First. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. - 5 - PC2008-*** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18:60,° "Zoning Provisions -Genera]" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal CHAIIZMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 23; 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS`. IN WITNESS WHEREOF, T have hereunto set my hand this day of 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION 6 - PC2008-*** ATTACHMENT N0.2 r RESOLUTION NO. PC97-129 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETRION FOR CONDITIONAL USE PERMIT NO. 3959 BE GRANTED. WHEREAS, the Anaheim CItyPlanning Commission did receive a verified Petition for CondiOonal Use Permit for certain real property eilualed In lfie C(ty of Anahalm, County of Orange, Stale of Cal'rfomia, described as: PARCEL L• LOTS 1 TO 11 INCLUSIVE AND THAT PORTION OF LOT 12 OF TRACT NO. 2090, AS PER MAP RECORDED IN BOOK 81 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, IN THE COUNTY RECORDER OF SAID COUNTY, LYING EASTERLY OF THE SOUTHERLY EXTENSION OF THE EASTERLY LINE OF IRIS STREET, AS SHOWN ON SAID MAR 'PARCEL 2: THAT PORTION OF HILL AVENUE, AS SHOWN ON THE MAP OF TRACT N0.2090, RECORDED IN BOOK 61 PAGES 38 AND 39 OF MISCELLANEOUS MAPS, IN 7HE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BOUNDED ON THE WEST BY THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF IRIS STREET, AS SHOWN ON SAID MAP AND BOUNDED ON THE EAST BY THE LINEPARALLEL WITH AND WESTERLY 50 FEET FROM THE CENTER LINE OF LOS ANGLES STREET, AS SHOWN ON SAID .MAP, AS VACATED AND ABANDONED BY ORDINANCE NO. 950 BY RESOLUTION NO. 2fi07 OF THECITY COUNCIL OF ANAHEIM,CALIFORNIA, DECEMBER 28, 1954, RECORDEDDECEM8ER31,19541N BOOK 2912 PAGE 165, OFFICIAL RECORDS. WHEREAS the L •.y Plahning Commission did hold a public fieering at the Clvlc. Center In the Ciry of Anaheim on August 18, 1997, al 1:30 p.m., notice bf said public headhg tiavingbeen duly given as required by law and in accordance with lha provisions of the Analrelm Municipal Coda, Chapter 18.03, to hear and cdnsidar evidence fdr and against said prcpdsed cohdllihnel use permit and to investigate and make findings and recommendations in connecllan therewith; and that said public hearing was continued to September 15, 1997. WHEREAS, said Commission, after due Inspedihh, InvesOgelloh and study made by Itself end in its hehalf,. and after due considerallon of all evidence and reports offered zt said hearing, does find anddeterrhine the following fade: 1. Thal the proposed use Is properly one for which a eondiNohal use permit isaulhorlzed by Anaheim Municipal Code Section 18.44.050.135 to wnstruct a 1,600 sq.fL addi0an for one new retail space in ad exieting commercial retail center wltti waivers of the follow(ng?. (a) Sections 18.06:050:022 - Minimum numtier of oaFkinc spaces. 18.08.050.0233 (290 required; 267 proposed). 18.08.080: and 18.44.066.050 (b) Sactlon 18.44.063.020 - Minimum structural and landscape setback. 10 feet required adjacent to Iris Street; 5 feel proposed) CR3045PL.WP -1- .PC97-129 .1 ... , .. _.. b N (c) Sections 18.04.043.101 Permitted encroachments into reeuired yards. 18.44.063.020 (Minimum 10-foot wide landscaped setback with and 18.44.064.080' 6-foot high block well required adjacent to Iris Street; 5-foot wide landscaped setback with 8-foot high bteck wall to the rear of the setback proposed) 2. That the proposed parking waiver (a) is minimal and doesnot excced 10°k of Code requirements and the City Trefflc and T2nsportallon Manager has determined that sufficient on-site parking will prevent the parking waver from causing any detrimcn~l Impact to the peace health, safety or genera! welfare of the citizens bf Mahaim; 3: Thai approval of welver (a) is based upon the recommendat(on of the City Treffic and Transportation Manager's flnding that sufficient on-site parking will prevent approvalof this welver from causing any detdmental Impact to the peace health, safety or general welfare of thebltizens of Mehelm; arttl that Section 18.06.080 authorizes lha City Traffic ahd Transporta8an Manager to review parking deviations that do not exceed 10% of Code Requkements; 4: That waiver (a) under the conditions Imposed, will not cause fewer off-street parking spaces to be provided for such use Than the number of sucA spaces necessary to accommodate all vehicles altdbutable to such useunder the nartnal and reasanabty foreseeable conditions cf operation of suehuse; 5. That welver (a}, under the conditions Imposed, will not Increase the demand and competition Po~ parking spaces upon the public streets In the immediate vicinity of the proposed use; B. That waiver (a), under the cohditlans Imposed, will not Increase the demand and competition for parking spaces upon adjacent pdvate property in the Immediate viclnlty of the proposed use (which property is not expressly provided as parking for such use under an agreement In compliance wlih Secllon 18.06.010.020 of this Code); L 'That waiver (a), under the eondit(one Imposed, will not Ihcreasa traffic congestion wlmin the off-streafparkingareaa or tote'provided for such use; 8. That waiver (a), under the conditions Imposed, will not Impede vehicular Ingress to ar egress from adjacent properties upon the puollc streets in the Immediate vicinity of the proposed use; 9. That waivers (b)' and (c) ere hereby granted on the basis tM1at there ere: special circumstances applicable to the property such as size, shape, topography, location or sunoundGgs, which do not apply to other Idenllcaily zcned properties In the viclnlty; YO: That the property Ls developed with an ezisling market ana has a limited unloading area; and that the proposed landscaped setback, In combinalloa with a block well, will effectively screen this operellan from the residences across Ids Slreat; 11. That strict eppllwlion of the Zaning Code deprives the property of pdvllagea enjoyed by other properties under Idenllpl zoning classl8calion In lha area duo !o the layoulaf the existing buildings, and compliance with Code requirements would adversely Impact the loading and unloading operations of the market; 12. Thalthe proposed use is properly one for which a condi0onal use permit is authorized by the Zoning Code; -2- PC97-129 ~. .~ 13. Thal the proposed use will not adversely e6ed the adJolning tanduses and the growth and development of the area in which it is proposed to be located bemuse the proposed Improvements will substantially improve the condition of this wmmercial center through the addition of landscaping and more permanent site screening which benefits the general welfare of the surrounding area; 14. That Ute 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 dald:eenlal to the particular area nor to the peace, health, safety and general welfare; 16. That the lreffie generated by the proposad~use will not Impose an undue burden upon the streets end highways designed and improved td cart the treffic In the area because the underlying property will adequately support this addHfon; 46. That the granting of the conditional use permit under ihewndilione Imposed, If any, will not be detdmenial to the peace, health, safety and genarel welfare of the citizens of the City of Anaheim; and 17. That no one Indicated their presence et said puhlic heedng In opposition; and that no wvespondence was received In apposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to construct a 1,600 sq.ft. eddidon for ona'new retail space In an existing commercial retell center with waivere oP minimum number of parking spaces, minimum structural and landscape selbackand permitted encroachments tnto required yardsan a iregulady-shaped 4.0 acre parcel located al the southwest eemer of Ball Road end Anaheim Boulevard, having frontages of approximately 171 feel on Bell Rcad and 620 feel on Anaheim Boulevard (1221 South Anaheim Boulevard -Fiesta Mexlcana Market); and does heretiyapprove ltie Negative DeGarelion upon finding that the deGaretlonrefiects Iha independent Judgement of the lead agency and (fiat Il has considered the Nogative DeGaratlon together with any comments received during the public review prowss and further finding oh the basis of the Initial study and eey comments received that there is no substantial evidence that the protect will have a slgni0rant eRect on the environment NOW, THEREFORE, BE IT RESOLVED Ihal the Anaheim City Planning Commission does herehy grant subJect Petition far Conditional Use PertniL upon the following wnditions which ere hereby found to be a necessary prerequisite to the proposed use of the subJect property In ortler to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. Tha! the property shell be permanently malnlained in eh orderly fashion, Including by ~j,!- ~" regular landscape maintenance, trash and debris removal, end removal of greUttl within lweri'r~ four 'l (24) houre from the lime of oecurtenee. ~~ 2. That the petltloher shell be responsible for compilence with all miligatloh measures within the assigned time fremes and any diced costs associated with the attached Mllgation Monitoring :Program No, tOD, as established by the Clty of Anaheim and required by Seedon 21081.6 of the PubUc Resources Code to ensure implemenlellon of those Identified mitigation measurer. 3. That the existing cargo container located adjacent to the loading end unloading area shell be removed 4, That plans shall he submitted to Iha Cily Treffic end Trensportallon Manager for review end approval showing conformance with Engineering StandaM No. 137 pertaining to sight distance vislblliry for fence and wall locations. -3- PC97.129 a 5. That no outdoor storage shall be pennltted other than for overflowof operable shopping carts, which may be severed end stored in the loading dock area provided the carts are not visible. from Iris Street.. 6. That the business owner shell designate ee employee to monitor the parking lot every thldy (30) minutes during oparel(ng business hours for shopptng cart rebieval. The operator shell also post signs on the property and label individual shopptng carts prohibi0ng the remove! of carts from the property. 7. That lha open area between the existing market and the retail stores shell not ba used For outdoor seating unless evidence of compliance with Section 16.02.06206D pertaining to outdoor sealing far a restaurent is suhmltted to the Zoning Division for review and approval. 6. That the water vending machines shall be maintained In a location adjacent to the bottling and shat the. newspaper vending, machines shell be either relocated to the north end of the property or removed 9. Thal minimum one (1) gallon sized clinging vines shall be planted, Irtigated and maintained an maximum three (3) foot centers adjacent to lha proposed block wells facing Iris Street and along the sides of the proposed trash enGosures to prevent graffiti dpportunltles. 10. Thal !rash storage areas shall be providedahd malntalnedin a location acceptahie to the Public Works Department, Streets and Sanllatlon Division, end In accordance with approved plans on file wltttsald Department. Such Information shell be specf6cally shown on the plans suhmltted for bulld(ng permits. 11. That a plan sheet Foy solid waste storage end collacttan and a plan for recycling shall be submitted j to the Public Works Department, Streets and Sanlta0an Division, far review and approval. 12. That anon•sila fresh truck cum-emund areashall be provided Ih accordance with Engineering Standard Delall No. 610 and maintained to the selisfadlon of the Fu611c Works Department, Streets and Senllallon Dlvislen. Sold cum-around area shall be speclfiplly shown on plans sWmilted tar buAding permits. t3. That the developer shall obtain a right-0f-way consWcUon permit tram the Public Works Department, Development Services D(vislon, to remove the exlst(ng driveway approach on Iris Slreat -~ and replace It with standard curb, gutter, sidewalk and Vee wall. The consWdion"shell be completed prior to fare! building and zoning inspedlon. 14. That plans shell be suhmltted to the bhy Traffic and Trensporlellon Manager far review and approval showing wnfonnanee with the wnent versions of Engineering StandaM Plan Nos. 436 and 602 pertaining to perking standards and driveway locations. Subject property shell thereupon be developed and mefhtalnedln wnfarmance with sold plans. 15. Thal Iha existing chain link fence with attached barbedwke shall he removed following completion of the masonry block wall adjacent to Ids Street. i6. That Onal landscape plans shell be st,bmihed to the Zoning Division for review and approval by the Planning Commission as a "Reports end Racommendedons" Item. 17. That tractors and/or lre0ers shall not be parked in the perking lot. 18. Thal delivery lmcks shell access the property only vie Maheim Boulevard. -4• PC97-129 i 19. Thal the exlslinc wheel stops shall be properly maintained et ail limes. - 20. That any existing unpertnttted xrell signs shall either be removed or the property owner shall obtain the necessary permits from the Building Division. 21. Thal any additional signage for this property shall be suhJect to the prior approval by the Planning Commission as a'Reports and Recommendadons' Item. 22.. That subject property shall be developed substanllalty In accordance with plansand specifications submitted to the Clty of : nahelm by. the pellsoner end which plans are an file with the Planning Deparhnen! marked Exhlblt Nos. 1 and 2, and as condltfoned herein. 23. That pror to Issuance of a bulldNg pannlt or within a period of one (1) year from the date of this resolution, whichever occurs first, CondlUon Nos. 4, 10, 11, 12, 14 and 16,above•mentioned, shall be complied with. Extensions for further Ilme io complete said condiUOns may be granted In accodance with Section 18.03.090 of the Anaheim Municipal Code. 24. That Condition No. 3, 8 and 20, above-mentioned, shall be completed within a period of Ihlrty (30) days from the date of this resolution; 25. Thal prior to final building and zoning inspedfons, Condition Nos. 9, 13, 16 and 22, above-mentioned, shell be compiled with. 26. That approval of Ihls epplleaUOn constitutes approval of the proposed request only to lha extent that It compiles with the Anahalm Municipal Zoning Code and any other applicable Clty, State end Federal regulations. Approval does not Include any action or findings es to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 27. Thal the petlUonar shall be responsible for compliance with ell mitigation measures within the assigned time frames and any dUed costs associated with the attached Mitlgelbn Monitoring Program No. 100, as established by the CIty of Anehelm and required by Section 21081.6 of the Pu611c Resources Code to ensure Implemenlallan of those Idanl'rfiad mlUgetlan measures. BE IT FURTHER RESOLVED that the Anehelm Clty Plannln8 Commission does hereby find and determine that adoption of this Resolullon Is exprasaty pradfcated upon applicant's compliance with each and all of the wndlUons herelnebove set forth. Should any ouch c011tl~1on, ar asYy peiFt Iheraof, he deGered Invalltl or unenforceable by lha Mal Judgment of.eny `~!n fill rampa(6n( )turfsdK1, ton, than this Resolullon, end any approvals herein caatshned, shall Da dsermsW~rsln! gr.1d yald. THE FOREGOING R1:sO6UTi.Ofl1 ifias @81,y~1®9. at site t'lappsln~ CCmmIBebF rrt~gltnJ) of September 16, 1997. ~.,~~ '~ e --.~ . _~~ Yldp ~ °uf~ ~' CHAIRPERSON 1l~~ell ~•1 Cf(Y PUJf1WNIN4 6OfJiMfSSION ATTEST: -~~ n SEC AIR, A~EIM CIw1'~ NNING GOMtAIlsstoN -6• PC97-129 Y STATE OF CALIFORNIA) ' COUNTY OF ORANGE ) ss. CITY OF ANAHEIM. ) i, Mergadta Soloda, Secretary of the Anehelm City Planning Commission, do hereby codify that the foregoing rasolutlon was passed and adopted at a meeting of the Anaheim City PlenNng Commission held on September 15, 1997, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, HENNINGER MAYER, NAPOLES, PERAZA NOES: COMMISSIONERS: NONE ABSENic COMMISSIONERS: NONE IN WITNESS WHEREOF, t have hereunto set my hand lhla~ day of , 1997. ~~~ SECRETARY, AHEIM CITY PLANNING COMMISSION -B- PC97~129 ~ VE BEAGON P pN, ~O 1Z N~ n n 6 0 0 D 0 N ~I 0 ~~ VE VERMONt/ F w o: O LL RS-2 MISSION ® ° ® ° d SP 92.2 o SUPER 8 '~ ANAHEIM PARK SP 92-2 -TRAVELODGEA ~~ -~ t ~y a ~E ~s ~ B tp m \~ ~ O F G SP 92-21 \ F SP 92-2 SERVICE \ SP 92-2 ° ®' ®° ®' ~ ~ ----g-- BALL ROAD ,~ r~:: Subject Property Variance No. 2007-04741 888 South Disneyland Drive 10-042 Date: January 23, 2008 N 5 C ~ m p P< ~ ~ o W. 9RLL FO E!BnLL' 0 x July 2006 Subject Property Variance No. 2007-04741 Date: January 23, 2008 888 South Disneyland Drive ~oaaz ITEM NO. 9 PLANNING COMMISSION AGENIDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 23, 2008 FROM: ' ' PLANNING SERVICES MANAGER SUBJECT: VARIANCE NO. 2007-04741 LOCATION: 888 South Disneyland Drive 'APPLICANT/PROPERTY OWNER: The applicant is7ohn Roteman, and the property owner is' 888 Milan R E LLG' REQUEST: The applicant requests approval of a waiver for maximum number of wall signs to permit two new wall signs for an existing office building in The Anaheim Resort: Code allows two wall signs: The property bunently has two wall signs. RECOMMENDATION[ Staff recommends that the Commission take the following'. actions: (a) By motion approve a Categorical Exemption Class 1 L (b) By resolution, deny Variance No. 2007-04741 BACKGROUND: This property is'currently developed with a five story legal non- conforming office building and is zoned SP92-2 (Anaheim Resort. Specific Plan, Commercial Recreation District). The General Plan designates this property and the property to the south for Commercial Recreational land uses, the properties to the west for Low Density Residential land uses and the I-5 Santa Ana Freeway is located to the north and west of the property. In 2004, Commission approved Conditional Use Permit No. 2004-04843 to permit the modification of a legal non-conforming office building o add a 4,335 square foot parcel. to the site in order to'expand and reconfigure the parking lot with waivers of the design of parking spaces to allow tandem parking spaces, minimum interior landscaped'setback and maximum number of signs to permit two wall signs. At the time of this application, the Anaheim Resort Specific Plan allowed only 1 wall sign. In connection with the Citywide Zoning Code Update in 2006, the sign standards in The Anaheim Resort were modified to permit businesses located on corner properties to have two wall signs. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Faz: (714) 765-5280 www.anaheim.nel VARIANCE NO: ?007-04741 January 23, ?008' Page 2 of Z PROPOSAL: The applicant proposes to install two additional wall signs. for the existing legal .. non-conforming office building for a total of four wall signs. One sign is proposed for the north elevation facing the I-5 Santa Ana Freeway and one sign is proposed for the east elevation facing. the I-5 Santa Ana Freeway. The proposed signs include internally-illuminated channel lettering with a maximum letter height of two feet six inches. ANALYSIS: The applicant proposes more wall signs than: arepermitted by code. The applicant has indicated that limiting the building to only two walls signs affects the property owner's ability to fuliy lease the building. Furthermore, the applicant believes that the property has limited visibility from any major street. The Anaheim Resort Specific Plan permits this property located at the corner of Disneyland Drive .and.: the I-5 Santa Ana Freeway to have the business identified from the adjacent public right-of--ways by two wall signs which are oriented towards different directions of traffic flow as long as;only one wall sign is legible: at any time: The Specific Plan also permits one freestanding monument sign. Currently, the site has two wall signs: one on the north elevation facing the southbound I-5 Santa Ana Freeway and one on the south elevation facing the Sheraton: Hotel and the northbound I-5 Santa Ana Freeway:; The monument sign is located on the west side of the property facing Disneyland Drive. The existing signs at the subject. site, including the monumentsign and 2 wall signs, are: clearly visible from all adjacent public rights-of--way including Disneyland Drive and both directions of the I-5 Santa Ana Freeway: There are no exceptional or extraordinary. circumstances warranting additional signs that apply to this property, that do not generally apply to the property or other non- conforming office buildings in the same vicinity and zone. Therefore, staff recommends denial of this request. Respectfully submitted, Con se by, J n~ /~~~n~~ ~~J.~J6'~.- Principal Planner 1 ing Services Manager Attachments• l: Draft Resolution The following attachment was provided to the Planning Commission and is available for publicseview at the Planning Services Division at City Hall.: 2 Plans; [DRAFT] ATTACHIVIENT NO. 1 RESOLUTION NO. PC2008 *** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2007-04741 BE DENIED (888 SOUTH DISNEYLAND DRIVE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: THAT PORTION OF PARCEL 2, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE 39 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY BEING DESCRIBED AS FOLLOWS: . COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL ROAD AS SAID INTERSECTIONS SHOWN ON A PARCEL MAP FILED IN BOOK 40, PAGE 9 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE. ALONG THE CENTERLINE OF SAID BALL ROAD S89° 09'34:E :1659 .62 FEET; THENCE N39°57'34"W 524,89 FEET; THENCE N30°57'37"W 76.72 FEET; .THENCE N 39°57'40"W 246.60 FEET; THENCE N41°06' 12:W 82,40 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 2989.00 FEET; THENCE NORTHWESTERLY 166.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°11'36'; THENCE N44°1748"W 486.69 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 3, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING N44°1748W 2.78 FEET TO A POINT ON A LINE PARALLEL WITH AND. DISTANT 2.42 FEET NORTHWESTERLY OF SAID NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE WESTERLY ALONG SAID PARALLEL LINES 75 10' 04" W 47.79 FEET; THENCE LEAVING SAID PARALLEL LINEN 65° 44' 18" W 27.88 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 20.00 FEET NORTHWESTERLY OF SAID NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE S 75° 10' 04" W 125.00 FEET; THENCE S 3° 33' S3" W 29.00 FEET TO A POINT ON THE NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTHWESTERLY LINEN 75° IO' 04" E 216.79 FEET TO THE POINT OF BEGINNING. DD 200041-01-02 RESERVING UNTO THE STATE OF CALIFORNIA, AN EASEMENT FOR .SLOPE PURPOSES OVER THAT PORTION OF PARCEL 2, IN THE CITY OF ANAHEIM,: COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 52, PAGE 39 OF FARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WITHIN A STRIP OF LAND 2.42 FEET WIDTH, THE NORTHERLY LINE OF SAID STRIP BEING DESCRIBED AS FOLLOWS: -1- PC2008-*** COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL ROAD AS SAID INTERSECTION IS SHOWN ON A PARCEL MAP FILED IN BOOK 40; " PAGE 9 OF PARCEL MAPS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE ALONG THE CENTERLINE OF SAID BALL ROADS 89° 09' 34" E 1659.62 FEET; THENCE N 39° 57' 34" W 524.89 FEET; THENCE N 30° 57'.37" W 76..72 FEET; THENCE N 39° 57' 40" W 246.60 FEET THENCE 41 ° 06' 12" W 82.40 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADNS OF 2989.00 FEET; THENCE NORTHWESTERLY 166.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGEL OF 03° 11' 36' ; THENCE N 44° 17' 48" W 486.69 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE CONTINUING N 44° 17' 48" W 2.78 FEET TO A POINT ON A LINE PARALLEL WITH AND DISTANT 2.42 FEET NORTHWESTERLY LINE OF SAID PARCEL 3;THENCE WESTERLY ALONG SAID PARALLEL LINE 5 75° 10' 04" W 24,79 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING WESTERLY ALONG SAID PARALLEL LINES 75°10' 04" W 23.00 FEET COMMENCING AT THE CENTERLINE INTERSECTION OF WEST STREET AND BALL ROAD AS SAID INTERSECTION IS SHOWN ON PARCEL MAP FILED IN BOOK 40, PAGE 9 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER; THENCE ALONG THE CENTERLINE OF SAID BALL ROAD SOUTH 89° 09' 34" EAST 1659.62 FEET; THENCE NORTH 39° 57' 40" WEST 524.89 FEET; THENCE NORTH 30° 57' 37" WEST 82.40 FEET TO THE "POINT OF BEGINNING", SAID POINT OF BEGINNING ALSO BEING THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADNS OF 2989 FEET; THENCE NORTHWESTERLY 166,59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 3° 11' 36"; THENCE NORTH 4° 1 T 48" WEST 486.69 FEET TO THE NORTHWESTERLY LINE OF SAID PARCEL 3: BOUNDED WESTERLY BY THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE CENTERLINE INTERSECTION OF HAMPSHIRE AVENUE AND WEST STREET AS SHOWN ON TRACT NO. 1949, RECORDED IN BOOK 89, PAGES 6, 7 AND SOF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAIDCOUNTY; THENCE ALONG THE CENTERLINE OF SAID WEST STREET NORTH 14° 50' 23" WEST 116.63 FEET TO THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF SAID PARCEL 3; THENCE NORTH 75° 10' 04" EAST 60 FEET ALONG SAID LINE TO THE NORTHWESTERLY CORNER OF SAID PARCEL; THENCE NORTH 75° 10' 04" EAST 65,17 FEET ALONG SAID LINE TO THE NORTHWESTERLY LINE TO THE "TRUE POINT OF BEGINNING"; THENCE SOUTH 19° 00' 26" WEST 33.93 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 267 FEET; THENCE SOUTHERLY 157.65 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33° 40' S2' THENCE NORTH 75° 10' 34" EAST 7 FEET; THENCE SOUTH' 14° 49' 26" EAST 80.62 FEET; THENCE SOUTH 16° 07' 30" EAST 90.69 TO THE SOUTHEASTERLY LINE OF SAID PARCEL 3. -2- PC2008-*** WHEREAS, the petitioner requests approval of a waiver of maximum number of wall signs to allow a total of four wall signs on an existing legal nonconforming office building in The Anaheim Resort, where a maximum of two wall signs are permitted; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2008 at 2:30 p.m. notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS; said Commission; after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests waiver of the following to construct two additional wall signs for an office building: (a) SECTION NO. 18.116.160.050 Maximum number of wall sins. (two signs permitted; four signs proposed) 2. That the existing signage for subject office building, including a monument sign and two wall signs, axe clearly visible from all public rights-of--way; therefore, there are no exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone: 3. That strict application of the Zoning Code would not deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity: 4. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject request. CALIFORNIA ENVIlZONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 11 (Accessory 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 deny subject Petition for Variance on the basis of the aforementioned findings. -3- PC2008-*** BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within I S days of the issuance of the final invoice. - -- THE FOREGOING RESOLUTION was adopted at the Planning Commission. meeting of January 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 23, 2008 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** ° I I ~ TALBERT MEDICAL I DELPHI AUTOMOTIVE ° GROUP WICKS SYSTEMS ~ tpHp) FURNITURE ° <1<STANAHEIM1I COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA ° 1 ° I I ° I ° SMALL'OFFICE LL-INDUSTRIAL ~ B I PARIS FIRMS 1 ° ° VOCATIONAL OFFICE O ~ SCHOOL BUILDING ° ~ ° v ® m ® ° ® v ~ ° DRIVE zso -~ ~ ,® O~.C10 ' o I ®~lDD o e Z I Q ® BUI D Nc RCL 53.54-7 o I ® RCL 52 538 O m ~: CUP 2923 _. 3 s ~ C-G IMPERIAL THEATER DELI CO ~° z ° ~_ W GG C-G Q ~ APPLIANCE SHOP N/OODLANO MAGNOLIA PlA2A Q ~~~_~~~__~_, PLAZA ._______a_~____ J v ®v VIA PALMAS Z °_~ .yam 1 MEDICAL CLINIC ° I JACK IN THE Sox ~ ~ SMALL' INDUSTRI RRMS GG ° KENO'S OFFICE GO I ~. RESTAURANT eUILDING SERVICE STATION ° SERVICE STATION .rev ®m ~.v ° ~ LA PALMA AVENUE mu s:w ° PARK I I SMALL INDUSTRIPL FRMS Subject Rroperty Date: January 23, 2008 Variance No. 2007-04740 1150 North Magnolia Avenue 1 2~ 10443 July 2006 Subject Properly Date: January 23, 2008 Variance No. 2007-04740 1150 North Magnolia Avenue 10443 ITEM N® 10 PLANNING C®MMISSI®N AGENDA REP®RT 200 S. Anaheim Blvd. i Suite #162 Anaheim, CA 92605 Tel: (714) 765-5139 Faz: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT , DATE: JANUARY 23,2008 FROM: PLANNING SERVICES MANAGER SUBJECT: MISCELLANEOUS PERMIT NO.2008-00235 LOCATION: 1150 North Magnolia Avenue APPLICANT/PROPERTY OWNER:"The applicant is Ross Maxwell and the property owners are Lobel Financial and Evangelical Christian Credit Union: '' REQUEST: The. applicant requests approval of a waiver of public right-of--way.. , 'improvements associated with'an 11,191'squaze foot expansion to an existing'office building. 'This request is an appeal of the City Engineer's decision denying the waiver: RECOMMENDATION: Staff recommends that the Commission take the following actions: (a) By motion approve a Categorical Exemption Class 1. (b) By resolution, deny Miscellaneous Permit No. 2008-00235'. BACKGROUND: `This property is located on the southeast corner of Magnolia Avenue and Woodland Drive. It is developed with a two story office building that contains office uses and is zoned I (Industrial). The General Plan designates this property and the properties to the north, south and east for Industrial land uses and property to the west'. for Office Low land uses. In 1987, Commission approved Conditional Use Permit No. 2923 to permit abredit union and industrially-related' office uses. PROPOSAL: The applicant submitted plans to the City for an 11,191 square foot expansion to an existing office building. The plans met all applicable city codes. The applicant however, does not want to install the required public improvements that aze part of the condition of issuance of a building permit. ANALYSIS: The Public Works Department requires that street improvements along Magnolia Avenue and Woodland Drive be installed for the proposed expansion to the existing office building. The improvements consist of adding a six foot wide sidewalk along Woodland Drive, where there currently is no sidewalk, and removing the existing ten foot wide sidewalk along Magnolia Avenue and providing a five foot wide landscaped pazkway and a new five foot wide sidewalk. These improvements aze required by Public Works Standazd Detail No. 160-A (Street and Highway Sections). MISCELLANEOUS PERMI"C N0.2008-00235 January 23; 2008 Page 2 of 2 The Code permits the City Engineer to waive public right-of--way improvements if it can be . demonstrated that there is no reasonable relationship between the project and the need for the required improvements or that the cost of the required dedicationand improvements ., unreasonably exceeds the burden or impact created by the development project. The City Engineer's decision may be appealed to the Planning Commission. An appeal is processed in the same manner as a Vaziance application. The applicant submitted a request to the City Engineer to waive the. required parkway and sidewalk improvements. The City Engineer determined that the request did not meetthe required findings and denied the request. A copy of the, applicant's letter and the City Engineer's decision is attached. Public Works staff also submitted the attached memo indicating there is a reasonable relationship between the need for the required improvements and the type of development project and that the cost of the improvements does nofunreasonably exceed the ' burden or impact created by the development project. CONCLUSION: The proposed request does not: meet the. required findings for approving a waiver of public right-of--way, improvements as set forth in the "Discretionary Exemptions" section ofAMC 18.40.060. Therefore, staff recommends'that Commission uphold the City Engineer's decision and deny this request. Respectfully submitted, Co ed y, ~- Principal Planner Pl 'ng Services Manager Attachment• 1. Justification for Code Waiver Form 2: Denial Letter from Public Works 3. Public Works Memo 4. Resolution for Denial The following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall. 5. Site plan showing proposed improvements and. site photos... ATTACHMENT NO. 1 G:1Rti' LOBEL /HARVEY LOBEL /DAVID LOBEL / ML)RRAY LOBEI, 11;0 N. MAGNOLIA AVENUE, ANAHEIM, CA, 92801 PH# 71~1.81G.1380 FX# 71~J.816.1177 City oT.Anahcim Public Works Development Services Division 200 s. Anaheim Bh~d. -Suite 27(i Anaheim. C.A. 9280 Attention: n4ark i<. Vukojcvic. P.I:. -City L:nginecr Re: Request for Waiver of Public Works Decision Por sidewalks and landscaping at I 1 ~0 N. Nagnolia Avenue -Anaheim, Cr\. 9280} BLD?007-(11728 Mark: Thank you for taking the time to meet with me and my architect a few days ago along with }vw- associate Ld ~renander to review the phase nvo expansion of our existing olTice building in Anaheim. 4ftcr revicwine nor plans your Public \\'orks Department determined that street improvements along Magnolia Avenue and Woodland Drive would he necessary to meet the current design parameters of the City of Anaheim. This included adding a sidewalk along Woodland Drive. where currently there is none and removing the existing ten foot sidewalk along Magnolia and providing a five loot landscaped parkway and a new live loot sidewalk. \\re would like to formally request of you that these requests he waived from the conditions of approval for our project which is currently raider development. We arc appealing u? the City code that states that the City 13nginccr can make a discretionary exemption based on "no reusururble relalioraslvip benrcera Nae aaeed )or the reyuirecl dcrliculima and inrpror~enrenls nrad rHc rope o/ rlerelopmm~r project nra a+laicla .~ucla requirements ru'e inapnsad". (Sec. 080.801.01) The li?Iloaing are the reasons why we believe that this should he granted: Large mature trees will be removed and smaller ones put in their place along Woodland Drive. These smaller trees will he out of place in an existing neighborhood that is already established with mature landscaping. ;\ 6 loot sidewalk alone Woodland will be die only property in the neighborhood with a sidewalk -all of the interior streets in the development do not have sidewalks. This is out o'f character with all the existing properties in the area. Sidewalk along these interior streets nnuld not he used much as this is a business park • Our properly with a new live Loot parkway alone Magnolia would be the only one in the neighborhood -all the others retain their ten foot sidewtlks. This seems ow of character"" with the neighborhood. «'c would be the only one in the neighborhood to have this ogle configuration. • It is not probable that other properties in this development will have major renovations that would mandate these sidewalks and parkway updates any time in the reasonable future. Our propert}• with a new sidewalk configuration would he noticeably different. • New parkway trees planted in the parkway along Magnolia would be in Front of larger mature u'ees behind -not the best design • Generally these requirements would seetn to have very little public value if any in what is ^ow one of the nicer business parks in Anaheim. The area would star to take on a 'bodge-pod' look that would Icad those that passed b}' to think that a consistent plan was not thought. • `there really does not appear to be an apparent need for these things to be Clone. With these reasons stated why we believe a waiver should he granted. we would like ask you to consider these and get back to us if a w•aivcr can be granted. If perhaps a waiver is not able to be granted we would like to request that is issue be brought to the attention of the City Planning Commission thru the variance process. Thank you Lor your consideration of this matter, Date Harvet. David Lobel la-lo -~1 Date It-Ip-~ Date L ~ ~ --~ ~~ ~~j~ _"t't f Murray Lobel Date City of Anaheim ATTACHMENT NO. 2 I~~PAt21"MEIVT ®~ fl,Ci~L6C Wo>R>Ks www.anaheim.nal December 20, 2007 ', Gary Lobet, Harvey Lobel, David Lobel, Murray Lobel 1150 N. Magnolia Avenue Anaheim, California 92801 I SUBJECT: Request for Waiver of Public Improvements ~ BLD2007-01728, 1150 N. Magnolia Avenue Mr. Lobel: j The Office of the City Engineer has reviewed your request for a waiver of the i public improvements (i.e. sidewalks and parkway landscape) as stated in the letter ~ dated December 10, 2007. Unfortunately, the Office did not find sufficient findings as stated in the Code to grant a waiver of the public improvements. Therefore, the waiver request is denied. {The proposed development is a commercial building expansion of approximately :11,000 square feet located at the south east comer ofMagnolia Ave and Woodland Dr. The public improvements that are required because of the development are consistent with the Anaheim Municipal Code (AMC) Section 18.40.060 and with the City's Circulation Element of the General Plan. The City Engineer may grant exemptions under AMC Section 18.40.060.080 provided the findings support the following conditions: 1. There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements aze imposed; or 2. The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project. If I can answer any additional questions, please feel free to contact me or Ed Fernandez, Development Services Manager, at (714) 765-4414. I look Forward to working with you to complete your proposed development project. Sincerely, ~.A\~si~1S~S~~ Mark Vukojevlc d~- City Engineer ' 266 S. Anaheim 61vJ., Suite 276 Anaheim, Calllornia 92065 TEL (714 765-5776 FAX (714j 755-5225 Mr. Lohcl BLD2007-01726, 1150 N. Magnolia Avenue c: Ross Maxwell, 252 Esther Street, Costa Mesa, CA 92627 Ed Fernandez, P.E., Development Services Manager Jamie Lai, P.E., Principal Civil Engineer Tri Nguyen, P.E., Associate Engineer Della Herrick, Associate Planner File ATTACHMENT N®, 3 1®'IE19~®RAI~I)iJll~ CITY OF ANAHEIM DATE: January 10, 2008 TO: Della Herrick, Planning Services, Planning FROM: Jamie Lai, Development Services, Public Works (714) 765-5100 ext. 5940 SUBJECT: VAR2007-04740 (2983 S MIRALOMA AVENUE). APPEAL OF CITY ENGINEER'S DECISION TO WAIVE IMPROVEMENT OF PUBLIC RIGHT OF WAY FOR AN EXPANSION OF AN EXISITIIJG OFFICE BUILDING. Public Works staffhas reviewed the applicant's request for an appeal of the City Engineer's decision (per Anaheim Municipal Code (AMC) Section 18.40.060.090) to waive public right-of- way improvements associated with the expansion of an existing office building at the southeast comer of Magnolia Avenue and Woodland Drive. The existing and proposed improvements are as follows: • Magnolia Av Std 160-A: 53" /z r/w 43'to curb 5' pazkway 5' sidewalk enue (6 Lane Primary Arterial) `. Existing Condition: Required R/WDedication/Improvements 53' %z r/w 43' to curb Curb to remain in place No pazkway 5' parkway (adjacent to Magnolia) 10' sidewalk 5' sidewalk • Woodland Drive (Collector Street) Std160-A: Existing Condition: RequiredR/WDedication/Improvements: 32' %: r/w 32' '/z r/w 20' to curb 26' to curb Curb to remain in place 8' pazkway 6' parkway 6' sidewalk (adjacent to Woodland) 4' sidewalk • In addition to the above improvements: o Truncated domes shall be installed within the existing curb ramp at the southeast. comer of Magnolia Ave. and Woodland Dr. to be in conformance with Public Works' Std. Detail 111-3. o New driveway approaches shall be re-constructed at their existing locations along Magnolia Ave.. and Woodland Dr. to be in conformance with Public Works' Std. Detail 115-B. The proposed improvements are deemed necessary to preserve public health, safety and general welfare as stated in AMC 18.40.060 Dedication and Improvements. These requirements shall be met or complied with before any building permits are issued for development of the property: The Public Works Department recommends denial of the appeal request since the project does not meet either of the exemptions findings as stated in the "Discretionary Exemptions" section of AMC 18.40.060 as applicable to the proposed development. The relevant code sections and supporting information are provided below:. AMC 18.40.060.080.0801 There is no reasonable relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed. The code anticipates that changes will occur in the local neighborhoods and the City generally. As a result of activities associated with the City's development and growth, dedications ofright-of--way and improvements are deemed necessary to prevent congestion and other hazazds that are related to the intensified use of the land, and to preserve public health, safety and welfare. • The development would create pedestrian/vehicular traffic and other conditions necessitating the improvement of the public right-of--way. Employees and customers are anticipated to be on-site as a direct result of the operating business. These visitors would create additional vehicle and pedestrian activity to and from the property that may commute to work or walk to other local points of destination. Providing pedestrian access to the property is vital along the frontage of the property to ensure pedestrian safety. In an evolving or growing urban area each additional development adds to the traffic burden. It is reasonable and necessary to construct the public improvements since the chazacteristics of industrial aeeas have changed over time. Previously, employees would typically drive to work and then leave at the end of the day with their vehicles. Previous street standards in industrial areas did not include provisions for sidewalks. Today, there aze public transportation routes, restaurants and other service businesses that serve people in the area. Additionally, a certain percentage of public transportation use is even taken into account in the development of the City's Planned Roadway Network. Improvements are necessary and would benefit the development. Public transportation is highly encouraged within the City and County and there is a highly used bus route along Magnolia Avenue with bus stops located just north of Woodland Dr. With that, pedestrian activity would be prominent along Magnolia Avenue, preempting the need for a parkway and sidewalk. Woodland Dr., as a connector street, would still benefit from a sidewalk. Understanding the existing conditions for Woodland Drive, only a 6' sidewalk to provide pedestrian access is being requested of the applicant. ® The City has approved requirements and standards to insure uniformity and orderly development. Public Works Standard Retail 160-A for public streets in industrial areas does indicate a parkway and sidewalk. The proposed .street improvements would establish conformity with neighborhood design. The development's location on a comer lot along a Primary Arterial only furthers the need for it to meet city's requirements. Having a landscaped . parkway adjacent to the roadway along Magnolia Ave. would buffer pedestrians from vehicular traffic along the arterial. The improvements would set the precedence for future neighboring developments and be aligned with our City's Street Beautification Committee's goals. AMC 18.40.060.080.080? The cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project. ® Citywide Traffic and Transportation Impact and Improvement Fees were developed based on actual construction costs to widen a public street and then apportioned to the different land uses and anticipated traffic impacts created, (ie. single family, apartment, general office, retail, industrial, church, etc). The City Council then reduced by 68% the actual cost for purposes of establishing the impact fee. ® Public Works staff used the City Council approved traffic impact fees and then calculated the 100% value of the traffic impacts associated with the development request. ® Based on estimates prepared by Public Works staff, the cost for the required improvements in the public right-of--way does not unreasonably exceed the burden or impact created by the development project. F/LELOCAT/ON: /:IIDCIMagnolia-Woodland WaiverDenial.doc [DRAFT] ATTACHMENT N0.4 RESOLUTION NO. PC2008-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR MISCELLANEOUS PERMIT NO. 2008-00235 BE DENIED (1150 NORTH MAGNOLIA AVENUE) WHEREAS, Anaheim Municipal Code Section 18.40.060 authorizes the City Engineer to approve waivers of public right-of--way improvements subject to the following findings: 1. That there is no reasonab]e relationship between the need for the required dedication and improvements and the type of development project on which such requirements are imposed; or; 2: That the cost of the required dedication and improvements unreasonably exceeds the burden or impact created by the development project; and, WHEREAS, Anaheim Municipal Code Section 18.40.060 states that the City Engineer's decision maybe appealed to the Planning Commission to be processed in accordance with the procedures for processing of variances from the code, except that the findings shall be those set forth in Section 18.40.060; and, WHEREAS, the applicant submitted a letter to the City Engineer dated December 10, 2007, requesting a waiver of public right-of--way improvements associated with a proposed expansion of an existing office building; and WHEREAS, on December 2Q 2007, the City Engineer denied the applicant's request for a waiver of public right-of--way improvements; and WHEREAS, the applicant filed an appeal. of the City Engineer's decision and the Anaheim Planning Commission did receive a verified Petition for waiver of public right-of--way improvements for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 38, AS PER MAP FILED IN BOOK 135, PAGES 19, 20, 21 AND 22 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY: WHEREAS, Miscellaneous Permit No. 2008-00235 is proposed to waive the public right-of--way improvements associated with a proposed expansion of an existing office building; and -1- PC2008-*** WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2008 at 2:30 p.m. notice of said public hearing having been duly 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 variance and to investigate and make findings and recommendations in connection therewith; and , WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests waiver of the following: (a) SECTION NO. 18.40.060.030 Improvement of Rieht-of-Way. (Parkway required along Magnolia Avenue , No pazkway proposed; Sidewalk required along Woodland Drive, No sidewalk proposed.) 2, That there is a reasonable re]ationship between the need for the required dedication and improvements along both Magnolia Avenue and Woodland Drive and the proposed office expansion as described below: a. The code anticipates that changes will occur in the local neighborhoods and the City generally. As a result of activities associated with the City's development and growth, dedications of right-of-way and improvements are deemed necessary to prevent congestion and other hazards that aze related to the intensified use of the land, and to preserve public health, safety and welfare. b. The development would create pedestrian/vehicular traffic and other conditions necessitating the improvement of the public right-of-way. Employees and customers are anticipated to be on-site as a direct result of the operating business. These visitors would create additional vehicle and pedestrian activity to and from the property that may commute to work or walk to other local points of destination. Providing pedestrian access to the property is vita] along the frontage of the property to ensure pedestrian safety. c. In an evolving or growing urban area each additional development adds to the traffic burden. It is reasonable and necessary to construct the public improvements since the characteristics of industrial areas have changed over time. Previously, employees would typically drive to work and then leave at the end of the day with their vehicles. Previous street standazds in industrial areas did not include provisions for sidewalks. Today, there are public transportation routes, restaurants and other service businesses that serve people in the area. Additionally, a certain percentage of public transportation use is even taken into account in the development of the City's Planned Roadway Network. -2- PC2008-*** d: Improvements are necessary and would benefit the development. Public transportation is highly encouraged within the City and County and there is a highly used bus route along Magnolia Avenue with bus stops located just north - of Woodland Dr. With that, pedestrian activity would be prominent along Magnolia Avenue, enforcing the need for a parkway and sidewalk. Woodland Dr., as a connector street, would still benefit from a sidewalk. Understanding the existing conditions for Woodland Drive, only a 6' sidewalk to provide pedestrian access is being requested of the applicant. e. The City has approved requirements and standards to insure uniformity and orderly development. Public Works Standard Detail 160-A for public.. streets in industrial areas does indicate a parkway and sidewalk. The proposed street improvements would establish conformity with neighborhood design. The development's location on a corner lot along a Primary Arterial only furthers the need for it to meet city's requirements. Having a landscaped parkway adjacent to the roadway along Magnolia Ave. would buffer pedestrians from vehicular traffic along the arterial. The improvements would set the precedence for future neighboring developments and be aligned with our City's Street Beautification Committee's goals. 3. That the cost of the required dedication and improvements do not unreasonably exceed the burden or impact created by the development project based upon the following: a. Citywide Traffic and Transportation Impact and Improvement Fees were developed based on actual construction costs to widen a public street and then apportioned to the different land uses and anticipated traffic impacts created, (ie, single family, .apartment, general office, retail, industrial, church, etc). The City Council then reduced by 68% the actual cost for purposes of establishing the impact fee. b. Public Works staff used the City Council approved traffic impact fees and then calculated the 100% value of the traffic impacts .associated with the development request. c. Based on estimates prepared by Public Works staff, the cost for the required improvements in the public right-of--way does not unreasonably exceed the burden or impact created by the development project. 4. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, 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. _3_ PC2008-*** NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny subject Petition for Miscellaneous Permit No. 2008-000235 on the basis ofthe - aforementioned findings. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2008: CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 23, 2008 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 .2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2008-*** !+ !i I SMA1L IND. FIR~dS s~ti Tq 9,y 9~ ~~F~r qr RM-4 .... CEDAR GLEN APTS zas Du \ ~, T 0 ~Q SETTLING BASIN I ~~® ® w ° `FCp~Q. ® w Ay~~ ~~ ° 9RF9 CRESCENT AVENUE ~a 87.8.~_~ ~-, ° INDUSTRIAL "' RCLS}54-19 E y~7 CUP 20D7-05278 RM-2 „I ,,, ,., INDUSTRIAL L % ~ ~' HARTFORD PL F I ('''-- -- I ( Q. a 1 --- L ____ _ I AS,TINGS WAY ! _~_- -~ ~--I ARKING I ~ 'PRIVATE SCHOOL F, LLI w ~ J al ALAMEDA AVE ' I ° ANAHEIM UNION CORPORATE WAY ~ ° HIGH SCHOOL DISTRICT I INWSTRIAL ° RM-4 1 INDUSTRIAL ' ° CHATEAU DE VILLE APARTMENTS 254 OU ° I 1 ° ~ D V O ° RE E EL PM MAREA INDUSTRIAL CHURCH ~ o so Eou hC Conditional Use Permit No. 2007-05279 1900 and 1990 West Crescent Avenue Subject Property Date: January 23, 2008 W. IA PAUTAAVE O Ian W 3 ~ -~ W. CFEBC ENi AV O ~ v W. NNC-LN AVE W. LINCOLN AVE toaaa Aerial Photo: July 2006 Conditional Use Permit No. 2007-05279 1900 and 1990 West Crescent Avenue Subject Property Date: January 23, 2008 .UPA I.AAVE e ~ W. CftEBL ENi AV 8' ~ m W, pNLOLN AVE W NNCOLN AVE toaaa ITEMNO. 11 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 23, 2008 FROM: 'PLANNING SERVICES MANAGER SUBJECT:` CONDITIONAL USE PERMIT NO.2007-05279 WITH WAIVER OF CODE REQUIREMENT LOCATION: 1900'-1990 West Crescent Avenue' APPLICANT/PROPERTY OWNERi'The applicant is Mark Botich representing Corcoran Botich"and Associates, and the property owner is Isaac Alchalel. REQUEST: The applicant requests approval to permit school and daycaze uses associated with a church' with 314 parking spaces where 483 aze required by Code. RECOMMENDATION: ' Staff recommends'that the Commission take the following actions: (a) By motion, determine that the previously-approved Negative Declaration:: serve as the appropriate.environmental documentation. (b) By resolution, approve Conditional Use Permit No. 2007-05279 with. fewer:. pazking spaces than required by code. BACKGROUND:, This 5.9-acre property is developed with 6 commercial/industrial: buildings. It is located within the Industrial (I) zone. The General Plan designates this property and the property to the south for Industrial land uses and properties to the east and west for Low-Medium Density Residential uses: Theproperty to the north across Crescent Avenue is designated for Water uses... PROPOSAL: The applicant is requesting approval of a conditional use permit for Sunday school uses, a daycare and adult bible classes and a code waiver for required parking spaces. All of the proposed uses aze in conjunction with the Sa -Rang .Community Church located at the northwest comer of La Palma Avenue and Brookhurst Street. The applicant's submitted letter of operation states that the Sunday school will be for- ohildren ranging from toddlers to high school students. The Sunday school will begin at 7 a.m. and continue until 9 p.m. The children will be dropped off at;the caznpus by their pazents or will be bussed from the main church location: 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net CONDITIONAL,USE PERMIT N0.2007-05279 January 23; 2008 ` Page 2 of 3 There will be up to 200 teachers working at this campus on Sundays. The campus. will also be open on Saturdays to allow for teacher orientation and preparation.' The daycare use is proposed weekdays from 6 a.m. to 6 p.m. with a maximum enrollment of 100 children:: The adult bible classes aze proposed Monday through Friday from 6 p.m. to 10 p.m. Please refer to the attached summary chart for project details. ANALYSIS: Code permits Community and Religious Assembly uses) in the Industrial zone subject to the approval of a conditional use permit. Following is staff's analysis and recommendation on the requested project. Parking: The proposed Sunday school and daycare uses require more pazking spaces than aze provided onsite. The applicant has submitted a parking study prepazed by 12afiq and Associates, dated October, 2007 to substantiate the. requested pazking waiver. This study found that the pazking demand forthis site ranges from 21 spaces to 483: spaces depending on the activity. The site provides a total of 314 spaces. The first three Sunday school services are for children of junior high school age, and younger,,and the fourth service will include high schools students. Code requires 150. parking spaces for the first three services for the 150 teachers onsite.: The students will be dropped off by their parents or bussed from the main church facility. The fourth service will require 483 pazking spaces,for the increase in eachers to 200 and the anticipated 1,700 high school students. The pazking study recommends pazking permits be issued for high school students for the remaining pazking spaces after the teacher parking has been accommodated.: The remaining tudents would need to be bussed or dropped`'off at the school. Staff has included a condition of approval: requiring the issuance of parking permits for the higk school students. In additions, the applicant's letter of operation states that the church will direct their members not to pazk on any adjacent properties and will encourage the congregation to use the church-provided shuttles. The daycare will operate with a maximum of 100' enrolled'children.' Code requires 21 pazking spaces forthis use: This iseasily accommodated on this site. The applicant is also proposing adult bible classes in the evenings:' The parking study indicates that the provided pazking can accommodate a maximum of 382 students ot`a total of 15,700 squaze feet of classroom azea. The study suggests that the enrollment be limited to 382f students or a maximum classroom azea of 15,700 square feet to comply with' Code. Staff has included a condition of approval limiting the' evening adultbible classes to reflect these numbers. Staff believes that this use is suitable for this location because the existing buildings can accommodate the use and the hours of operation for all the uses except the day caze aze during non-peak business hours, avoiding conflict with surrounding businesses. Based upon the submitted pazking'study, submitted plans and letter of operation, Staff supports the applicant's requesf to' permit school and daycaze uses associated with' a church with fewer pazking spaces than aze required by Code. CONDITIONAL USE PERMIT NO.2007-05279 January 23, 2008 Page 3 of 3 Respectfully submitted, Co curred by, Principal Planner P ing Services Manager 1 Attachments' 1. Project Summary 2. Draft Resolution The following attachments were provided to the Planning Commission and aze available for public review at the Planning Services Division at City Hall. 3. Site Photographs 4. Plans S. Parking Study 6. Letter of Operation ATTACI=II6^<);1iT'i' N~. 1 Pit.®.TEC'T SLTR'tMAY2~' CfJP2007-05279 l~evelo ment Standard Pro"osed Pro eet D zone standards Site Area 5.9 acres N/A Building and Landscape Adiacent to: Feet Feet Setbacks Crescent Ave. 75 50 (22 landscaped, (?0 feet landscaped remainder is remainder is parking lot) pazking lot) Muller St. 22 25 (221andscaped)'~ (251andscaped) Southern property 48 None line Western property 70 22 line (adjacent to (10 landscaped, (10 landscaped, remainder residential) remainder is is pazking lot) pazking lot) Building Height Approximately 55 100 Requirements (for steeple element) Pazking 314 spaces 21 to 483 spaces required rovided *);xisting legal nonconforming setback estmblished when the property was originally constructed. [DRAFT] ATTACHMENT NO. 2 RESOLUTION NO. PC2008 *** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING CONDITIONAL USE PERMIT NO. 2007-05279 (1900-1990 CRESCENT AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A PARCEL 1 OF PARCEL MAP NO 83-258, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 188, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL B: ANON-EXCLUSIVE EASEMENT FOR SEWERS, STORM DRAINS, TRAFFIC CIRCULATION, GARBAGE PICK UP, AND VEHICULAR AND PESESTRAN ACCESS, INGRESS AND EGRESS AS SET OUT IN THE CERTAIN DECLARATION COVENANTS, CONDITIONS AND RESTRICATIONS FOR CRESCENT CORPORATE CENTER NORTH, RECORDED DECEMBER 17, 2003 AS INSTRUMENT NO. 03-01493592, OF OFFICIAL RECORDS. PARCEL C: PARCEL 2 TOGETHER WITH THAT PORTION OF PARCEL 3 OF PARCEL MAP NO. 83-258, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 1$8, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF PARCEL 4 OF SAID PARCEL MAP NO. 83-258, SAID POINT BEING ON THE EASTERLY LINE OF SAID PARCEL 3; THENCE ALONG SAID EASETERLY LINE OF PACEL 3, NORTH 00° 23' 13" EAST, 46.00 FEET TO THE INTERSECTION OF A LINE PARALLEL WITH AND 32.57 FEET SOUTHERLY OF THE NORTHERLY LINE OF SAID PARCEL 3, SAID INTERSECTION BEING THE POINT OF BEGINNING. THENCE. TRAVERSING THE INTERIOR OF SAID PARCEL 3 THE FOLLOWING THREE (3) COURSES: - 1 - PC2008 *** 1) ALONG SAID PARALLEL LINE, NORTH 89° 43' 22" WEST, 33.43 FEET; 2) SOUTH 00° 16' 38" WEST, 18.53 FEET TO A LINE PARALLEL WITH AND 51.10 FEET SOUTHERLY OF SAID NORTHERLY LINE OF PARCEL 3; 3) ALONG LAST SAID PARALLEL LINE, NORHT 89° 43' 22" WEST,.284.42 FEET TO THE WESTERLY LINE OF SAID PARCEL 3; THENCE ALONG THE WESTERLY, NORTHERLY AND EASTERLY LINES OF SAID PARCEL 3 THE FOLLOWING THREE (3) COURSES: 1) NORTH 00° 00' 43" EAST, 51.00 FEET; 2) SOUTH 89° 43' 22" EAST, 318.15 FEET AND 3) SOUTH 00° 23' 13" WEST, 32.57 FEET TO THE POINT OF BEGINNING SAID LAND IS SHOWN ON LOT 1 ON THAT CERTAIN LOT LINE ADJUSTMENT NO: 577 RECORDED JULY 29, 2005 AS INSTURMENT NO. 2005000591828, OFFICIAL RECORDS. PARCEL D: CERTAIN NON-EXCLUSIVE EASEMENTS AS SET OUT IN THAT CERTAIN AMENDED AND RESTATE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR CRESCENT CORPORATE CENTER NORTH, RECORDED DECEMBER 17, 2003 AS INSTRUMENT NO. 2003001493592, OF OFFICIAL RECORDS. PARCEL E: ANON-EXCLUSIVE EASEMENT AND RIGHT OF ACCESS OVER, ALONG AND ACROSS THE EASEMENT AREA LOCATED UPON PARCEL 4 OF PARCEL MAP NO. 83-258, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 188, PAGES 23 AND 24 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF 5AID COUNTY, AS SET FORTH THEREIN TO ACCESS THE ELECTRICAL CLOSET AS MORE PARTICULARY DESCRIBED IN THE EASEMENT AGREEMENT RECORDED JULY 6, 2004 AS INSTRUMENT NO. 2004000610802 OF OFFICIAL RECORDS AND AS FURTHER CONVEYED IN A DEED RECORDED AUGUST 6, 2004 AS INSTRUMENT NO. 2004000716384, OF OFFICIAL RECORDS. WHEREAS, Conditional Use Permit No. 2007-05279 is proposed to permit school and daycare uses associated with a church with waiver of the following: (a) SECTION NO. 18.42.040.010 Minimum number of parkine spaces (483 required; 314 proposed) - 2 - PC2007--*** WHEREAS, this property is developed with six commercial/industrial buildings located in the Industrial zone; that the Anaheim General Plan designates the property for Industrial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 23, 2008, 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 fox .and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed request to permit school and daycare uses associated with a church with fewer parking spaces than are required by Code is properly one for which a conditional use permit is authorized by Anaheim Municipal Code .Section Nos. 18.10.030.040.0402 (Community and Religious Assembly). 2. That the school and daycaze uses will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular azea or to the 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 azea; .and 5. 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. 6. That waiver (a) is hereby approved based upon an a parking demand study prepared by Rafiq and Associates, dated October, 2007, providing evidence that adequate pazking exists on the property for the school and daycaze uses. 7. That the parking waiver, under the conditions imposed, if any, will not cause fewer off-street parking spaces to be provided for the school and daycaze uses than the number of such spaces necessazy to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation because the pazking study indicates that the ancillary church uses will be able to provide adequate parking onsite for its uses as a daycare on weekdays, as a religious education center on Sundays and as an adult religious education facility on weeknights. - 3 - PC2008-*** 8. That the parking waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use because the church will provide adequate parking and the administrator of the church will°° allocate onsite spaces. 9. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use because as indicated in the parking study, adequate parking to accommodate the parking demand will be provided on-site. 10. That the parking waiver, under the conditions imposed if any, will not increase traffic congestion within the off-street pazking areas or lots provided for the proposed use because the site provides three separate accesses to the allow adequate site circulation for drop-off and pick- up of students. 1 L. That khe parking waiver, under the conditions imposed if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use because the project site has three access points, such that vehicles will not block adjacent properties. Furthermore, it has been determined by the pazking study that adequate on-site parking spaces are being provided. 12. That *** indicated their presence at said public hearing in opposition; and that *** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the proposal; and does hereby approve the Negative Declaration upon Finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, with the waiver of the aforesaid provisions of the Anaheim Municipal Code, 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: - 4 - PC2008-*** Responsible COA Conditions of Approval for Monitorin TIMING: PRIOR TO ISSUANCE OF BUILDING PERMIT ` COAL The applicant shall submit to the Public Works Deparhnent Public Works, Development Services Division for review and approval a final Development Water Quality Management Plan. Services COA2 Plans shall be submitted to the City Traffic and Transportation Public Works, Manager for his review and approval showing circulation Traffic patterns for Day Care traffic. Subject property shall thereupon Engineering be developed and maintained in conformance with said plans. COA3 Complete a Burglazy/Robbery Alarm Permit application, Form Police APD 516, and return it to the Police Department prior to initial .alarm activation. COA4 Rooftop address numbers for the police helicopter shall be added Planning to the roof. Minimum size 4' in height and 2' in width. The lines of the numbers aze to be a minimum of 6" thick.. Numbers should be spaced 12" to 18" apart. Numbers should be painted or constructed in a contrasting color to the roofing material. Numbers should face the street to which the structure is addressed. Numbers shall not to be visible from ground level. COAS Exterior roof access ladder should be relocated within the Planning building's main resident tenant space. COA6 "No Trespassing 602(k) P.C."posted at the entrances of parking Planning lots/structures and: located in other appropriate places. Signs must be at least 2' x 1' in overall size, with white background and black 2" lettering. COA7 All entrances to parking areas shall be posted with appropriate Planning .signs per 22658(a) C.V.C., to assist in removal of vehicles at the property owners/managers request.:`. COA8 File Emergency Listing Cazd, Form APD-281, with the Police. Police Department, available at the Police Department front counter. TIMING: PRIOR TO ISSUANCE OF GRADING PERMIT COA9 The applicant shall submit to the Public Works Department Public Works Development Services Division for review and approval a final Water Quality Management Plan. - 5 - PC2008-*** Responsible COA Conditions of Approval for--" Monitorin TIMING: ONGOINGDURING OPERATION COA10 No parking area shall be fenced off or otherwise enclosed for Public Works, outdoor storage uses. Traffic Engineering COAL l Based upon the submitted parking study, plans, and letter of Planning operation, the activities and pazking shall be limited to the following: 1. Daycare Monday-Friday from 6 a.m. to 6 p.m. with a maximum of 1.00 children; 2. Adult Bible Classes Monday-Friday from 6 p.m. to 10 p:m. with a maximum of 7,656 square feet in the portion of Building F designated on the Floor Plans; 3. Teacher Preparation (teachers only) Saturday from 7 a.m. to 5:30 p.m. with a maximum of 200 teachers; 4. Sunday School (all groups) Sunday from 7 a.m. to 9 p.m. with a maximum of 200 teachers. Parking Permits shall be required with spaces allocated on-site for all teachers with remaining spaces available by permit for driving students. The church must provide [bus] transportation for the remaining students. 5. The church administrator will allocate parking spaces and regularly advise parishioners and students of pazking regulations to ensure that the uses will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the use. TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTION COA12 Fire lanes shall be posted with "No Pazking Any Time." .Said Public information shall be specifically shown on plans submitted for Works, building permits!' Traffic Engineering COA13 That the property shall be permanently maintained in an orderly Planning 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 - PC2008 *** Responsible COA Conditions of Approval for Monitorin TIMING: GENERAL CONDITIONS COA14 That the property shall be permanently maintained in an orderly Planning fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours fromthe time of discovery: COA15 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 21 of Conditional Use Permit No. 2007-05279, and as conditioned herein. COA16 That timing for compliance with conditions of approval maybe Planning 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. COA17 That extensions for further time to complete conditions of Planning approval maybe granted in accordance with Section 18.60.170 of the Anaheim Municipal. COA18 That approval of this application constitutes approval of the Planning 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. - 7 - PC2008-*** 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 ofrequired permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 23, 2008. 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. CHAII2MAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 January 23, 2008, 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 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION - 8 - PC2008-***