PC 2008/02/04A.___,
ooP'8040Z0\sepua6y ~d\u!wPH ~d~slool4H
;auw!ayeue uo!ss!wwoa u!uue! ssa~ppe !!ew-a
6wrnopo; ay; 6u!sn uo!ss!wwo~ 6u!uue!d ay; ~o; a6essaw a anea! ~(ew no,~
;uawu~nofpy
swa~l 6w~eaH allgnd
~epuale~;uasuo~
s;uawwo~ olignd
aaue~6apbr;p a6pa~d
'W'd OE~Z 6ul~eaH oi~gnd of auanuoaab
6ul~eaH allgnd of ssaaab
epua6e gppZ `y tien~ga~ aye uo swab! ~o~ nna!na~{ ueld tieu!wl{aid
(uo!ss!wwo~ 6u!uueld ~(q pa~sanba~ sy)
sanss! pue s;uawdolanap ~(;!~ snouen uo uo!ss!wwo~ o~ a~epdn ~e~g .
'W'd 0£~ 6 nnalnab ueld tieulwlla~d
~aP~O of Iles
zanbselan;ed 'aawoa ~(~ued
'lassae~ uayda~g 'uew;set Iles 'lewue6y ~a~ad s~auo!ss!wwo~
i~{e~e~{ ydasop :a~odwal-ad uewney~
e}}n8 ~(pa~{ :uewney~
e!wo~!le~ 'wlayeuy 'p~enalnog w!ayeuy y;noS OOZ
11eH ~l!~ '~agwey~ I!ouno~
$®oZ ''7 ~Il.IC1a j ~~UO
!!
I I I
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.
Reoorts and Recommendations
1A. (a) CEQA NEGATIVE DECLARATION
(PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2006-05124
(TRACKING NO. CUP2007-05287)
Applicant: Kwang S. Lee
7601 Commonwealth Avenue
Buena Park, CA 90621
Location: 2037 East Ball Road: Property is
approximately 3 acres, having a frontage of
555 feet on the north side of Ball Road
approximately 418 feet east of the centerline
of State College Boulevard.
Request for a retroactive one year extension of time to
comply with conditions of approval for apreviously-
approved conditional use permit to add an oil change
station to an existing carwash.
Project Planner:
dherrick(o~anaheim. n et
oz/oa/oa
Page 2 of 12
1 B. (a)
(b)
SUB2008-00054)
Owner / John Sherwood
Applicant: Irvine Community Development Company
550 Newport Center Drive
Newport Beach, CA 92660
Location: Development Areas 3 And 7 of the
Mountain Park Specific Plan Community
The applicant requests athree-year time extension to
comply with conditions of approval for apreviously-
approved tentative tract map to establish a 150 numbered
and 37 lettered lot residential subdivision encompassing
145 single-family detached residential lots, an elementary
school site, a public park site, open space lots, public and
private streets and a water reservoir within Development
Areas 3 and 7 of the Mountain Park Specific Plan.
1 C. (a) CEQA EIR NO. 2007-00337
(PREVIOUSLY-CERTIFIED)
(b) DEVELOPMENT AGREEMENT NO. 2007-00003
(TRACKING NO. DAG2008-00001)
Owner: Joe Stasney
Kaiser Permanente
1707 Barcelona Circle
Placentia, CA 92870
Applicant: Greg Bennett
Cannon Design
1901 Avenue Of The Stars, Suite 175
Los Angeles, CA 90067
Location: 3400-3450 East La Palma Avenue
(Kaiser, Hospitall: Property is approximately
27 acres, having a frontage of 984 feet on the
south side of La Palma Avenue and located
approximately 225 feet east of the centerline
of Miller Street.
Request for review of final colored elevation plans for a
medical office building (Phase 1) in conjunction with a
Kaiser Hospital campus.
Project Planner:
skoehm(a) anaheim. net
Project Planner:
dsee(a~anaheim.net
oz/oa/oa
Page 3 of 12
1 D. (a)
(b)
(TRACKING NO. FSP
Applicant: Keith Herren
The Hanover Company
28005 North Smyth Drive, Suite 101
Valencia, CA 91355
Location: 1818 South State College Boulevard
(Platinum Centre Condominiumsl:
Property is approximately 3.4 acres and is
located south and east of the southeast
corner of State College Boulevard and Katella
Avenue, having frontages of 327 feet on the
east side of State College Boulevard and 105
feet on the south side of Katella Avenue.
Request to review and approve :revised elevation plans for
a 265-unit apartment project.
1E. {a) CEQA MITIGATED NEGATIVE DECLARATION
(PREVIOUS<_Y-APPROVED)
(b) CONDITIONAL USE PERMIT N0.2007-05202
(TRACKING NO. CUP2008-05298)
Owner: Andrew C. Edwards Trust
1230 South Lewis Street
Anaheim, CA 92805
Applicant: Ron Tucci
Extron Electronics
1230 South Lewis Street
Anaheim, CA 902805
Location: 1055 East Ball Road: Property is
approximately 3.5 acres and is located at the
northwest corner of East Street and Ball
Road.
Request for review of final elevation plans for an office
and training building.
Minu s
1C. Receiving and approving the Minutes from the Planning
Commission Meeting of January 23, 2008. (Motion)
Project Planner:
mashabiCo~anaheim. net,
Project Planner:
kwong2 o(~anaheim.net
02/04/08
Page 4 of 12
Public Hearing Items:
2a. CEQA NEGATIVE DECLARATION
(PREVIOUSLY-APPROVED)
2b. CONDITIONAL USE PERMIT N0.2334
(TRACKING NO. CUP2007-05291)
Owner / Dennis McCollough
Applicant: CADE
33 Rocky KNL
Irvine, CA 92612
Location: 1320 North Tustin Avenue and 1401 North
Jefferson Street: Property is approximately 36
acres, having a frontage of 1,455 feet on the east
side of Tustin Avenue and a frontage of 250 feet
on the west side of Jefferson Street
approximately 351 feet south of the centerline of
Orangethorpe Avenue.
Request to amend the conditions of approval pertaining to
hours of operation for apreviously-approved outdoor
automofive storage yard.
Conditional Use Permit Resolution No.
3a.
3b.
3c.
3d.
3e.
3f.
3g.
3h.
3i.
3j.
GENERAL PLAN AMENDMENT NO. 2007-00462
RECLASSIFICATION N0.2007-00210
Owner: P A Poon & Son Inc.
16841 Marina Bay Drive
Huntington Beach, CA 92649
Applicant: West Millenium Homes
Derek Baak
1849 Sawtelle Boulevard #600
Los Angeles, CA 90025
Project Planner:
dherrick(o anaheim.net
02/04/08
Page 5 of 12
REQUEST FOR CITY COUNCIL REVIEW OF
ITEM NOS. 4c, 4e, 4g, 4h and 4i
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
(SP92-2) 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 public 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,
Project Planner.•
dsee(o~anaheim.net
oz/oa/os
Page 6 of 12
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
possible, 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.
4a. CEQA CATEGORICAL EXEMPTION. CLASS 1
4b. CONDITIONAL USE PERMIT N0.2007-05290
WITH WAIVER OF CODE REQUIREMENT
Owner: Sanmukhbai G. Bhakta
921 South Beach Boulevard
Anaheim, CA 92804
Applicant: Gary Frazier
6445 Joshua Tree Avenue
Orange, CA 92867
Location: 921-923 South Beach Boulevard: Property is
approximately 1.0 acre, having a frontage of 162
feet on the west side of Beach Boulevard and
located 200 feet north of the centerline of Ball
Road (Integrity House).
Request to establish a residential care facility with fewer
parking spaces than required by code.
Conditional Use Permit Resolution No.
Project Planner:
dsee(o)anaheim.net
o2/oaloa
Page 7 of 12
Sa. CEQA CATEGORICAL EXEMPTION, CLASS 1
Sb. CONDITIONAL USE PERMIT NO. 2007-05285
Owner: Paul T. Kott
1225 West Lincoln Avenue
Anaheim. CA 92801
Applicant: Gustavo Chavez
1425 East Lincoln Avenue, Suite F
Anaheim. CA 92805
Location: 1425 East Lincoln Avenue: Property is
approximately 0.65 acre, and is located at the
northeast corner of Lincoln Avenue and La Plaza
with a frontage of 128 feet on the north side of
Lincoln Avenue and 217 feet on the east side of
La Plaza.
Request to permit a 920 square foot convenience market with
no sales of beer and wine within an existing multi-tenant
building.
Conditional Use Permit Resolution No.
6a. CEQA CATEGORICAL EXPEMPTION CLASS 1
6b. CONDITIONAL USE PERMIT NO. 2007-05288
Owner: Canyon Plaza LLC
503 32"d Street, Suite 200
Newport Beach, CA 92663
Applicant: Marcy Schaubeck
10629 EI Este Avenue
Fountain Valley, CA 92708
Location: 5769 East Santa Ana Canyon Road: Property
is approximately 15 acres, located at the
northeast corner of Santa Ana Canyon Road and
Imperial Highway with a frontage of 1,095 feet on
the north side of Santa Ana Canyon Road and
570 feet on the east side of Imperial Highway.
Request to permit a therapeutic massage clinic in an existing
commercial retail center.
Conditional Use Permit Resolution No.
Project Planner:
mashabina anaheim.net
Project Planner:
skoehm(o anaheim.net
o2/oa/os
Page B of 12
7a. CEQA CATEGORICAL EXEMPTION. CLASS 1
7b. CONDITIONAL USE PERMIT NO. 2003-04667
(TRACKING IdO. CUP2007-05289)
Owner: Carol Cushing
701 Concord Street
Glendale, CA 91202
Applicant: Michael Bagguley
3010 West Lincoln Avenue
Anaheim, CA 92801
Location: 3010 West Lincoln Avenue: Property is
approximately 1.6 acres, located at the southwest
corner of Lincoln Avenue and Beach Boulevard,
having a frontage of 266 feet on the south side of
Lincoln Avenue and 246 feet on the west side of
Beach Boulevard (Joo Doa Lee Restaurant).
Request to amend conditions of approval to modify hours of Project Planner.
operation for an existing restaurant. skoenmo(~anaheim.net
Conditional Use Permit Resolution No.
8a. CEQA NEGATIVE DECLARATION
8b. CONDITIONAL USE PERMIT NO. 2007-05286
Owner: AFH Anaheim, 'LLC
23001 East La Palma Avenue, Suite 220A
Yorba Linda, CA 92887
Applicant: The Planning Consortium
627 North Main Street
Orange, Ca 92868
Location: 1400 North Burton Place: Property is
approximately 0.71 acre, having a frontage of 32
feet at the terminus of Burton Place.
Request to permit a stealth ground-mounted ProjectPlanner
telecommunications facility disguised as a pine tree with kwono2(o)anaheim.net
accessory ground-mounted equipment.
Conditional Use Permit Resolution No.
02/04/06
Page 9 of 12
Adjourn To Wednesday, February 20, 2008 at 1:00 P.M.
for Preliminary Plan Reviewr.
02/04/08
Page 10 of 12
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
2:00 o.m. January 31, 2008
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
COUNCIL1 f PLAY KIOSK
SIGNED; V
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.
02/04/08
Page 11 of 12
SCHEDULE
2008
February 20 (Wed)
March 3
March 17
March 31
April 14
April 28
May 12
May 28 (Wed)
June 9
June 23
July 7 I
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)
02/04/08
Page 12 of 12
a- J
F a
rn
a ~ 5
awi ~ w
w >
~ o
t~
CLIFPARK WAY
~~~
~ 1 DU EACH I I
~ ~ 41-U EAC1H I B.I~U RM-0 I I I I I _I 8 ~U
4 DU EACH ~ ~ I I I RM-0
J ALMONT AVENUE
O C-G
m BUSINESS PTS RM-4 -
UJ C-G COLLEGE DU 4 DU
(~ RESTAURANT
W
J
~"'zx~' I y Gy'~ jsr.
V ~ RCL 51.82-123 :~ Zp ~"
T-CUP 2807-05287 <~~ > >
CUCUP 3888124 ~;~ U W
i" SERVICE 3 ~ CUP 1876 ~ (0 = a,
~ STATION J 'a ~ PLAZA OE SEVILLE Z
.,, .~ COMM.SHOPPING CENTER „j0~
~a 415' e°'t® 555 ~ ---~1
BALL ROAD
GG
C-G C-G
EL TORRO aENIHANA
RESTAURANT RESTAURANT
RS-2
1 DU EA
rc
APTS
17 DU
rn
c~
z
w
I- x
~ U
> ~~
S A
~ v
w I_
m
RM-4
FIRE
STATION
S.S. L~
N
z
C-G RM-4
WATERRIDGE ~
APARTMENTS w
C-G 220 DU m
SAND DOLLAR
FINANCIAL PLAZA
o iao zoo
r c
~t~.: ~ Subject Property
Date: February 4, 2008
Conditional Use Permit No. 2006-05124
(Tracking No. CUP2007-05287)
2037 East Ball Road
10432
ATTACHMENT NO. 1
Dec. 7, 2007
From: Puddles Carwash
2037 E. Ba11 Road
Anaheim, CA 92806
To: City of Anaheim Planning Dept.
To Whom It May Concern:
We would like to request for CUP(#2006-051124) extension.
Due to the increase of minimum wages, oil prices, gas prices, and the
decrease of the amount of cars coming to our carwash business, we had to
postpone our construction project. The weather has also been very dry last
winter. In order for us to even start the construction we needed rain to close
our business. Unfortunately because it did not rain, we were unable to do so.
These .are the reasons that we could not start the construction. There is a lot
of rain predicted for this winter; we would like to start our construction as
soon as possible.
Please accept this letter of explanations for we are now set to begin this new
project.
Sincerely`- ~
Dong oon Lee
Puddles Carwash Owner
CUP N0.2006-05124
PG MEETING DATE: 02-04-08
ATTACHMENT NO. 2
RESOLUTION NO. PC2006-78
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2006-05124 BE GRANTED _ .
(2037 EAST BALL ROAD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THOSE PORTIONS OF LOT 34 OF TRACT N0.4757, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 184, PAGES
47 AND 48 OF MISCELLANEOUS .MAPS, RECORDS OF SAID ORANGE COUNTY,
DESCRIBED AS FOLLOWS:
PARCEL A: PARCEL 3 AS SHOWN ON A MAP RECORDED IN BOOK 47, PAGE 13 OF
PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. RESERVING THEREFROM.
APPURTENANT EASEMENTS FOR. INGRESS, EGRESS, PARKING,.. AND.. DRAINAGE
PURPOSES FOR THE BENEFIT OF PARCEL 1 AND PARCEL 2 AS SHOWN ON A MAP
RECORDED IN BOOK 47, PAGE 13 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, OVER THOSE PORTIONS OF SAID PARCEL 3 DESCRIBED AS FOLLOWS:
PARCEL A-I: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL 3; THENCE
ALONG THE EAST LINE OF SAID PARCEL 3 NORTH 0° 08' 40" EAST 234.00 FEET; THENCE
NORTH 89° 5T 38" WEST 20.00 FEET; THENCE NORTH 0° 08' 40 EAST 4.40 FEET TO A
POINT IN THE NORTH LINE OF SAID PARCEL 3; THENCE ALONG SAID NORTH LINE NORTH
89° 57' 38" WEST 418.00 FEET: THENCE SOUTH 0° 02' 22" WEST 32.00 FEET; THENCE
SOUTH 89° 57' 38" EAST 373.94 FEET; THENCE SOUTH 0° 08' 40" WEST 206.36 FEET TO A
POINT IN THE SOUTH LINE OF SAID PARCEL THENCE ALONG SAID SOUTH LINE SOUTH
89° 55' 36" EAST 64.00 FEET TO THE POINT OF BEGINNING.
PARCEL A-2: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE.
ALONG THE WEST LINE OF SAID PARCEL 3 NORTH 0° 04' 24 EAST 198.00 FEET;. THENCE
SOUTH 89° 55' 36" EAST 35.00 FEET, THENCE SOUTH 0° 04' 24"WEST 70.00 FEET; THENCE
SOUTH 89° 55' 36" EAST 388.00 FEET; THENCE SOUTH 0° 04' 24" WEST 128.00 FEET TO A
POINT IN THE SOUTH LINE OF SAID PARCEL 3, THENCE ALONG SAID SOUTH LINE NORTH
89° 55' 36"WEST 159.00 FEET; THENCE LEAVING SAID SOUTH LINE NORTH 0° 04' 24" EAST
83.50 FEET; THENCE NORTH 89° 55' 36" WEST 144.00 .FEET; THENCE SOUTH 0° 04' 24"
WEST 83.50 FEET TO A POINT IN THE SOUTH LINE OF SAID PARCEL 3; THENCE ALONG
SAID SOUTH LINE NORTH 89° 55' 36"WEST 120.00 FEET TO THE POINT OF BEGINNING.:
EXCEPTING FROM PARCEL A-2 DESCRIBED ABOVE THAT PORTION DESCRIBED AS
FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 3; THENCE ALONG THE
SOUTH LINE OF SAID PARCEL 3 SOUTH 89° 55' 36" EAST 35.50 FEET; THENCE NORTH 0°
04' 24" EAST 53.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 0° 04' 24"
EAST 30.00 FEET; THENCE SOUTH 89° 55' 36" EAST 8.50 FEET; THENCE SOUTH 0° 04' 24"
WEST 30.00 FEET; THENCE NORTH 89° 55' 36" WEST 8.50 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on September 18, 2006, at 2:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
Cr\PC2006-78 -1- PC2006-78
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use to expand an existing carwash to permit an oil change facility is
properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section
No.18.08.030.040.0402 (Automotive-Repair & Modification).
2. That the proposed expansion of an existing carwash to permit an oil change facility will not
adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to
be located because the use will be an accessory service provided along with the car wash and is confined to
an existing building with no visibility to the public street;
3. That the size and shape of the site proposed for the oil change facility is adequate to allow
the full development of the proposed use ih a manner notdetrimental to the particular area or to the health
and safety as the site has sufficient access and parking to serve the proposed use;
4. That the traffic generated by the addition of an oil change facility to an existing car wash will
not impose an undue tiurden upon the streets and highways designed and improved to carry the traffic in the
area; and
5. ' Thatthe granting df the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim:
6: That a person indicated their presence at said public hearing in opposition; and that nd
correspondence was received in opposition to the subject petition: `-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: The Planning Director dr her
authorized representative has determined that the proposed project falls within the definition of Categorical
Exemptions., Section 15301, Class i (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim`.
1. That any tree planted on-site shall be repladed in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
2. That the on-site landscaping and irrigation system shall be maintained in compliance with City standards.
3. That any proposed roof-mounted equipment shall be completely screened from view in all directions by
properlydesigned and maintained design elements of the building, Said information shall be specifically
shown on plans submitted for building permits:
4. That the parking lot serving the premises shall be equipped with fighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said
lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences. Said information shall be specifically shown on plans submitted for
Police Department, Community Services Division approval
5. That there shall be no public telephones on the premises located outside the building.
-2- PC2006-78
6. That signage shall be limited to existing and approved signs unless .additional signs are reviewed and
approved by the Planning Services Division. Any decision by staff regarding additional signs may be -
appealed to the Planning Commission as a Reports and Recommendations item. That temporary signs
and other advertising devices shall not be permitted except when in connection with an approved Special
Event Permit.
7. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication..
8. 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.
9. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color
to the roof material The numbers shall not be visible from the street or adjacent properties. Said
information shall be specifically shown on plans submitted for building permits.
10. That if new electrical service is required to serve the new construction, the property owner shall provide the
City of Anaheim Electrical Engineering Division of the Public Utilities Department with a public utilities
easement to be determined as electrical design is completed.
11. That no video, electronic or other amusement devices or games shall be permitted anywhere on subject
property.
12. That the landscape planters shall be permanently maintained with live and healthy plant materials
13. That the storage or overnight parking of vehicles; vehicle parts, or business-related materials shall not be
permitted and work shall be limited to oil/tube servicing of automobiles. Absolutely no vehicular repair,
body work, painting or other business-related activities, or storage of vehicles, vehicle parts or materials
shall be allowed in the front or rear yard areas, or on the roof of the buildings.
14. That customecparking spaces shall be striped and clearly marked for "customer parking only", and at no
time shall customer vehicles be stacked, double parked, or left standing in tandem in front of, or adjacent
to the buildings.
15. Thaf all plumbing orbther similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and/or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
16. That no required parking area shall be fenced or otherwise enclosed foroutdoor storage uses.
17. That a landscape plan shall be submitted to the Planning Services Division for review and approval
incorporating a 15-foot wide landscape setback adjacent to Ball Road with 24-inch box sized trees planted
at a ratio of one tree for every 20 feet of street frontage. Any decision by staff regarding said plan may be
appealed to the Planning Commission as a Reports and Recommendation Item.
18. That the oil change and tube facility shall be an accessory use to the car wash operation and shall not
operate independently.
19. That subject property shall be developed and 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 marked Exhibit Nos. 1, 2 and 3, and as conditioned herein.
-3- PC2006-78
20. That prior to issuance of a building permit Condition Nos. 3, 4, 9, 15 and 17 above-mentioned, shall be
complied with. Extensions for further time to complete said conditions may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal Code, °- -
21. That prior to final building and zoning inspections, Condition Nos. 11 and 19, above-mentioned, shall be
complied with.
22. That timing for compliance with conditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii)
the applicant has demonstrated significant progress toward establishment of the use or approved
development.:
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
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and. any approvals herein contained, shall be deemed null and void:
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the:revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
September 18, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal
__ _(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-78
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 16, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2006.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2006-78
ATTACI~MENT N0.3
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: DECEMBER 26, 2007
TO: DELLA HERRICK -ASSOCIATE PLANNER
FROM: KATHY LOWE CODE ENFORCEMENT OFFICER #1002
SUBJECT: 2037 E. BALL RD., ANAHEIM, 92806. .
CUP2006-05124 TRACKING CASE #CUP2007-05287
On December 26, 2007, I inspected the above listed property; I observed the
exterior of the commercial building to be well maintained and operating in
accordance with their conditions of approval of CUP 2006-05124. I did not
observe any A.M.C. violations.
Please contact me if you have any questions regarding this matter.
Kathy Lowe
Code Enforcement Officer #1002
klowe(a,anaheim.net
Tentative Tract Map No. 16665
(Tracking No. SUB2008-00054)
Requested By: IRVINE COMMUNITY DEVELOPMENT COMPANY
Mountain Park Specific Plan
x
~ Subject Property
Date: February 4, 2008
Scale: Graphic
Q.S. No. 227, 228, 233, 234
~ooo~
City of A~ bairn
PL~t01I~ItiT~ ~EPAR'TI~Et~I'~
March 24, 2006
Bryan Austin
Irvine Community Development Company.
550 Newport Center Drive
Newpcrt Beach, CA 92660
jA~T~C N~ N®. 2
Following Is an excerpt from the minutes of the Anaheim Planning Commission meeting of
March 20, 2006:
1 Oa-
106.
10c. MISCELLANEOUS PERMIT NO. 2006-00134
k6d. FINAL SITE PLAN N0.20D6-00004
1De. TENTATIVE TRACT MAP NO. 16688
10f. SPECIMEN TREE REMOVAL PERMIT N0.2006.OODD1
Owner: :Irvine Land Company, LLC., 550 Newport Center Drive, Newport Beach,
CA 92660
Agent: Bryan Austin, Irvine Community Development Company, 550 Newport
Center Drive, Newport Beach, CA 92660
Location; Multfole Properties: The Mountain Park Specific Plan No. 90-4 area
encompasses 3,001 acres located generally In Gypsum Canyon, south
of the Riverside (SR-91) Freawey, in Orange County, California. The
maJority of the project slta is in the jurisdiction of the Clty of Anaheim;
however, open space areas in the southern- and eastern-most portions
of the project site are in unincorporated County of Orange jurisdiction in
the C(ty of Anaheim's sphere-of-influence. SR-91 is immediately north of
the project slie, and the SR-241 bisects the site into eastern and western
segments.
Development Areas 3 and 7of the Mountain Park Specific Plan area
consistbf approximately 343 acres located at the southern terminus of
Weir Canyon Road, generally bordered on the west by The Summit of
Anaheim. Hills development and on the east by the Eastern
Transportation Corridor (SR-241).
260 Bauth Anaheim BOUlevartl
P.0. Bax 3222
Anaheim, California 92803
www.anaheim.nel TEL (714) 765-5139
Project
Actions: Amendment No. 2 to the Mountain Park Soecific Plan No 90-4 (SPN2006-
00033 -Request to amend the Mountain Park Speck Plan conditions df
approval and zoning and development standards to add refinements and
clarifications including, but not limited to, fiscal conditions and sign
regulations.
Miscellaneous No. 2006-00134 -Request for review and approval of a
Development Area Plan for Development Areas 3 and 7 of the Mountain
Park Specific Plan.
Final Site Plan No. 2006-OD004 -Request for review and approval of a
final site plan for Development Areas 3 and 7 of the Mountain Park
Specific Plan.
Tentative Tract Mao No.16665 - To establish a 150 numbered and 37
lettered lot residential subdivision encompassing 145 single-family
detached residential lots, an elementary school site, a public park
site, open space lots, public and private streets and a water
reservoir site within Development Areas 3 and 7 of the Mountain
Park Specific Plan.
Specimen Tree RemovaLPermit No 2006-00001`- To remove 149
specimen trees within Mountain Park Development Areas 3 and 7 and
replace with 2,960 trees.
ACTION: Commissioner Perez offered a motion, seconded by Commissioner Buffo and
MOTION CARRIED (Commissioner Karaki abstained), that the Anaheim Planning
Commission has reviewed the Project Actions, including Tentative Tract Map No. 1fi665, and
does hereby determine that based upon its independent review and consideration of the
previously-certified FEIR No, 331 together with Mitigation Monitoring Program No. 137 (for
the Specific Plan Amendment) and Mitigation Monitoring Plan No. 137a (for the remaining
actions) and the evidence received at the public hearing, that the previously certified EIR No.
331, Mitigation Monitoring Program No. 137 and Mitigation Monitodng Plan No. 137a are in
compliance with CEQA and the State and Clty CEQA Guidelines and are adequate to serve
as the required environmental documentation for the Project Actions and satisfy all the
requirements of CEQA, and that nb further environmental documentation need be prepared
for the Project Actions. Applicable mitigation measures from MMP No. 137 which pertain to
Development Areas 3 and 7 have been incorporated into Mitigation Monitoring Plan No. 137a
(on file in the Planting Department). -
Commissioner Perez offered a motion, seconded by Commissioner Buffo and MOTION
CARRIED (Commissioner Karaki abstained), that the Anaheim Planning Commission does
hereby approve Tentative Tract Map No. 16665, to establ(sh a 150 numbered and 37 lettered
lot resldentiaf subdivision encompassing 145 single-family detached residential lots, an
elementary school site, a public park site, open space lots, public and private streets and a
water reservoir site within Development Areas 3 and 7 of the Mountain Park Specific Plan
based on the finding that pursuant to Government Code Section 66473.5 (a) the proposed
tentative tract map including the design and improvement of the proposed subdivision, is
consistent with the General Pian (as proposed fdr amendment pursuant to General Plan
Amendment No. 2006-D0441) and the Mountain Park Specific Plan No. 90-4 (as proposed for
amendment pursuant to Amendment No. 2 to the Mountain Park Specific Plan No. 9D-4), and
(b) the site is physically suitable for the proposed type and density of development and
therefore would not cause public health problems or environmental damage, subject to the
following condit(ons:
1. The Final Map shall be submitted to and approved by the City of Anaheim and the--
Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder.
2 That prior to approval of the first final tract map or mass grading plan, whichever
occurs first, the property ownerldevelopersholl submit a vehicular design speed
analysis for Weir Canyon Road to the Department of Public Works for review and
approval by the Clty Engineer. The analysis shall be prepared to the satisfaction of
the Department of Public Works and shall address the proposed street width,
alignment and grade, intersection signal requirements for the mid-block public park
entrance from Weir Canyon Road, and the necessity for a pedestrian sidewalk along
the west side of Weir Canyon Road between Mountain Park Drive and the mid-block
public park vehicular entrance. Prior to approval of the final tract map or grading
plan, the property owner shall submit a grading plan and street improvement plan to
the Department of Public Works, Development Services Division, designed in
accordance with. the approved vehicular design speed analysis.
3. That prior to approval of the final tract map, the property owner/developer shall
submit a design and maintenance plan to the Department of Public Works for review
and approval for the proposed water quality basin (or an equivalent City-approved
treatment control BMP) (Lot JJ of Tentative Tract Map 16665) located adjacent to the
proposed SR-241 (Eastern Transportation Corridor) on-ramp at the southern
terminus of Weir Canyon Road. The design and maintenance plan shall be prepared
to the satisfaction of the Department of Public Works and shall address the
ownership of the proposed water quality basin (or equivalent City-approved treatment
control BMP), responsible parties for the on-going maintenance, and any proposed
cost sharing mechanisms acceptable to the Department of Public Works between the
property owner/developer andlor Homeowners Association and the City of Anaheim.
4. In the event that multiple final maps are filed based on this tentative tract map, the
property owner/developer shall dedicate Weir Canyon Road, Street A, the public park
site, and water reservoir site, as depicted on the tentative tract map, on the first final
map.
5. The property owner/developer shall submit street improvement plans for Street "F"
and Street "G" prior to he approval of the first final tract map or mass grading plan,
whichever occurs first, to the Department of Public Works and Fire Department for
review and approval by the City Engineer and F(re Chief. The plan shall provide at
least one on-street parking space, minimum 22 feet long, per lot. Street "Fw is
designed for parking only on the north side. The south side shall be posted "No
Parking". The street improvement plan shall provide an adequate fire lane, as
determined by the Fire Chief, in the event that cars are improperly parked on the
south side of the private street.
6. Sewer improvements associated with the proposed tentative tract map shall conform
to West Basin - Offsite Sewer Alternative 3 "Gravity Main to The Summtt of Anaheim
Hills via Weir Canyon Road" as described in Final EIR No. 331. All improvements
shown on Final EIR No. 331, Figure 7.5 and the Running Springs Road sewer
identfied in the Build Out condition in the Combined East Anaheim Area Master Plan
of Sanitary Sewers shall be constructed prior to the first final building and zoning
inspection within the subdivision boundary.
7. That the median island depicted on Street "F' shall be maintained by the property
owner/developer andlor homeowners association:
8. That approval of this tract map shall be contingent upon the approval of General Plan
Amendment No. 2006-00441, amending the City of Anaheim General Plan
Circulation Element to remove the Hillside Secondary Arterial Highway (Idehtified as
the future extension of Jamboree Road) from Weir Canyon Road to the southern city
limits, Amendment No. 2 to the Mountain Park Specific Plan, and Density Transfer
Request No. 06-01.
9. That prior to approval of the final tract map, all lots shall be assigned street addresses
by the Building Divisicn.
10. Thal prior to issuance of grading permits, the property ownerldevelopersholl submit
documentation to the Department of Public Works, Development Services Division,
indicating that the issues raised in the Transportaifon Corridor Agencies letter dated
March 13, 2006 have been addressed to the satisfaction of the Transportation
Corridor Agency, the California Department of Transportation, and Department of
Public Works....
11, That prior to approval of the final tract map, the property owneddeveloper shall
demonstrate compliance with Conditions Nos. 4b, 10, 19, 20,22, 23, 25, 26, 27, 28,
29,'35, 39, 45, 46; 53, 55, 62 and 63 of the Mountain Park Specific Plan No. 90-4, as
set forth in Ordinance No. 5993:
12. Thaf subject property shall tie 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 TTM Exhibit Nos. 1 through 8 and as
conditioned herein.
13. That the property owner/developer shall be held responsible for compliance with the
mitigation measures and for implementation of the project design features and
standard conditions identified In Mitigation Monitoring Plan No. 137a In compliance
with Section 21081,6 of the Public Resources Code. Furthermore, the property
owner/developer shall be responsible for any direct costs associated with the
monitoring and reporting required to ensure Implementation of those mitigation
measures, project design features and standard conditions identified in Mitigation
Monitoring Plan No. 137a.
14. That approval of this application constitutes approval of the proposed request only to
the extent that it complies with the Anaheim Zoning Code and any other applicable
City, Staie and Federal regulations. Approval does not include any action or findings
as to compliance or approval of the request regarding any other applicable
ordinance, regulation or requirement.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
cc: Bryan Austin, Irvine Community Development Company, 550 Newport Center Drive,
Newport Beach, CA 92660
TTM16665 Excerpt cr5733em
Development Agreement No. 2007-00003
(Tracking No. DAG2008-00001)
~Pj
C I
~•' Subject Property
Date: February 4, 2008
Scale: 1" =Graphic
Q.S. No. 150
Requested By: GREG BENNETT
3400 - 3450 East La Palma -Kaiser Hospital
maa~
=Pe~,
SP B61 a0.0~-0]d9(!]~
w.a °R'~
ac~e~.a]a]~e~~ a n
imi
ALL PROPERTIES ARE IN THE ALPHA (NORTHEAST AREA) REDEVELOPMENT PROJECT AREA
Item No. 1 D
I (PTMU)
RCL 99-00-15
RCL 66-67-14
RCL 55-56-19
RCL 54-55-02
T-CUP 2004-04939
CUP 2004-04906
CUP 3366
CUP 2862
CUP 1427
VAR 4129
DAG 2004-00002
STADIUM LOFTS
flci w1~tz -~
as e65o-ts
flCL 5851-11 gERViCE
flCL 565]-0] gigrON
CW ]5]5
LIIP 1]70
lacua7l-91)
~ PRAU ~ CUP 1]15
flcl )ew1-5btza\ cuv aa7s
nciesa0ai i \I (LUazSwasn>I
t NqR 10w s1
cuP 117 s
1
UNDER RLL wa5bu5
CONSTRUCTION 80.5&00-15
I9CL e1w7-u
flCL 565]8]
CUP 1911
LUP1179
VM 3591
610.1671J4
ICUP ZnSe-5sttlil
N~1fl 15w sl
UNDER aac}ewo'o~ise
CONSTRUCTION RcLS6m-u
aCL 565)8]
LUP30w-0Ii21
cuP M7 s
I11LVa74]I)
/ ILUP ]006051171
Nqa 152115)
O
W
J
m
W
W
J
J
U
W
Q
I-
L
0.L (PTMU)
TPM NO. 97-155 CUP 3957
RCL 99-00.15 CUP 3406
RCL 90-91-17 CUP 690
RCL 66-67-14
VAR 2765 O-L (PTMU)
"
60-61-113
TOWN PLACE O-L (PTMU) RCL 99-00-15
"
RCL Sfi-57-93
SUITES RCL 2004-00129
BALLY FITNESS RCL 90-91-17
RCL fi6L7-14
--- ~~ _
~ RCL Sfi-57-83
CUP 2007-05194 7 / CUP 4141
CUP 3957 '
7 ^ CUP 3406 ,.
O-L (PTMU) ( PARKING ~ `\ 0.L{PTMU)
BANK ~ ~ RCL 2004-p0129
~ CUP 3957
~ CUP 690
O-L PTMU) \ \\ OFFICE BLDG.
.RCL 50.91-17
RCL fib-67-14
RCL 5637-93 0.L (PTMU) ~ \\
T-CUP 2000-04260 0.L (PTMU) FOOD ( \
CUP 4141
CUP 3957 REST. COURT ~ \
CUP 3406
CUP 680
~M REST. 155 {CUP 335fi T) t
m K~~~`~ p,VENUy
I I I ~I 1os ~ I~
CSP 284] I(PTMU)
REST c~UP?bm RCL 99-00.15
vw 2aaa cuPZlm
CUP 1811 ' RCL 66-67-14
VM 15]3 vu9zMe ~,~ys% RCL 594i0.fii I(PTMU)
P 2
-.~ R
3
GU
22
~ VAR 2466
CUP 1745
,
. CUP 200&04967
.
"- •'^; ~-~'~" ~ DAG 2005-00004
CUP 2963 FSP 2005-00004
1x (PrMU) CUP 1111 MIS21)05-00113
RCL 68.06-15 F6P 2005116665 GPA 200400435
RCL.9&67-22 OAG 2005-00065 ZCA 200r~00044
,." RCL 6667-14. (RCL70.71~4)
PR (PTMU)
RCL 2004-00129
RcL ss-oals
RCL 56-57-93
CUP 750
CUP 2400
ANGEL STADIUM
OF ANAHEIM
PR (PTMU)
RCL 98-00.15 OFFICE
RGL 56-57-83 BLDG.
CUP 2400
CUP 750
o ~e 155 ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE.
Conditional Use Permit No. 2005-04975
(Tracking No. FSP2005-000005)
1818 South State College Boulevard -Platinum Centre
' Subject Property
Date: February 4, 2006
man
ATTACHMENT NO. 1
RESOLUTION NO. PC2005-83
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION '
THAT PETITION FOR CONDITIONAL USE PERMIT N0.2005-04975 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the Clty of Anaheim, County of Orange, State of Califomla,
described es:
PARCEL 1: PARCELS A AND B, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 32 OF
PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY,
CALIFORNIA.
PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER
THAT PORTION OF LOT 5 OF TRACT N0.71, AS SHOWN ON A MAP RECORDED IN BOOK'
10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY, .THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE 80 FOOT ROAD AS SHOWN ON
THE MAP OF TRACT NO. 71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE
BLVD.) SAID POINT BEING 280.34 FEET SOUTH, (MEASURED ALONG SAID CENTERLINE)
FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10
WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST, PARALLEL WffH THE
SOUTH LINE OF SAID LOT 5, 250 FEET.
EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS
SHOWN ON THE MAP OF SAID TRACT N0.71.
PARCEL 3: PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL
MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA.
PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE NORTHERLY 18.66
FEET OF THE SOUTHERLY'258.14 FEET OF THE WESTERLY 220.00 FEET OF THE
FOLLOWLNG DESCRIBED LAND:
THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT N0.71, AS SHOW N ON A MAP THEREOF
RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID
ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE CENTERLINE OF THE 60-FOOT ROAD AS SHOWN ON
THE MAP OF TRACT NO. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE
BOULEVARD), SAID POINT BEING 260.34 FEET SOUTH (MEASURED ALONG SAID
CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN'BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL
WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES OB' 00"
WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54,00 FEET; THENCE
NORTH 0 DEGREES ,OB' 00" WEST 36.00 FEET; THENCE SOUTH' 89 DEGREES 59' 16"
EAST 26.00 FEET;'THENCE NORTH O DEGREES 08' 00" WEST 21fi.11 FEET TO THE
NORTHERLY LINE OF SAID LOT 5, BEING ALSO A POINT IN THE CENTERLINE OF THE
STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8; 1960 AND
RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE
COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE EAST
LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1,
1960 IN BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;
Cr\PC2005-083 -1- PC2005.83
THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF;
THENCE WEST ALONG THE SOUTH LINE OF SAID JEWETT'S LAND AND THE WESTERLY
PROLONGATION, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE°'
NORTH ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING. _
EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60-FOOT ROAD AS
SHOWN ON THE MAP OF TRACT N0.71.
PARCEL 5: THAT PORTION OF LOT 5 OF TRACT NO. 71 AS PER MAP RECORDED IN
BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF 'ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT IN THE CENTER LINE OF PLACENTA AVENUE, WHICH POINT IS
217 FEET SOUTH OF THE NORTFIWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH,
RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE
CENTER OF SAID PLACENTA AVENUE, B5 FEET; THENCE EAST, PARALLEL WITH THE
SOUTH BOUNDARY LINE OF LOT 5 TRACT NO. 71, A DISTANCE OF 154 FEET; THENCE
NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTA AVENUE, 55 FEET; THENCE
WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID LOT 5, A DISTANCE OF
154 FEET TO THE POINT OF BEGINNING.
EXCEPTING THEREFROM, THAT PORTION LYING WITHIN PLACENTA AVENUE, SHOWN
AS A 60.00-FOOT STREET ON SAID. MAP, ADJOINING SAID LOT 5 ON THE WEST.
APN:232-021-07, 232-021-10 and 231-021-11
WHEREAS, the Planning Commission did hold a public hearing at the Civlc Center in the
City of Anaheim on June 1, 2005 at 2:00 p.m., notice of Bald 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 far and against said proposed conditional use permit and to ;
investigate and make findings and recommendations In connection therewith; and
WHEREAS, said Commisson, after due inspection, investigation and study made by itself
and in its behalf, and after due considera0on of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. ,That the proposed modification to required setbacks Is properly one for which a conditional
use permit is authorized by Anaheim Municipal Code Section No. 18.20:090.050, ,
2. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which It Is proposed to be located because the proposed protect is compatible
with existing and surrounding land uses and that the minor deviations from the Code would still achieve a
protect with architecturellyenhanced elevations and layered landscaping, and further provide a project that is
compalltrle and consistent with the General Ptan Mixed-Use land use designa0on .and The Platinum Tdangle
Master Land Use Plan (PTMLUP).
3. That the size and shape of the site proposed for the use Is adequate to allow the full
development of the proposed use in a manner not detrimental io the particular area or to health and safety
4. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to cony the traffic in the area as the proposed project has been
analyzed in a Traffic Impact Study dated March, 2005, reviewed and approved by the Ctty Traffic end
Transportation Manager and that the required fnfresWciure Improvements along the adjacent streets will be
constructed In connection with the prof act.
5. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
-2- PC2005-83
6. That no ono indicated their presence at said public hearing in opposition; and that no
correspondence was received In opposition to the subJect petition.
CALIFORNIA ENVIRONNJENTAL QUALITY ACT FINDING: That the Anaheim Planning .
Commission has reviewed the Development Agreement in conjunction with the proposed Conditional Usa
Permit No. 2005-04975 and TentaBve Tract Map No. TTM 16825; and did find and determine, by motion,
pursuant to the provisions of the Callfomla Environmental Quality Acl ("CEQA"), based upon its Independent
review and conslderalion of an Initial Study conducted pursuant to CEQA For the Development Agreement
and Conditional Usa Permit, and the requirements of CEQA, including Section 21166 of the Califomla Public
Resources Coda and Section 15162 of the CEQA Guidelines, and the evidence received at the public
hearing, that FEIR No. 330 previously certified by the Ciry Council far the Amended General Plan and related
projects, together with the Updated and Modified MIUgaUon Mpnitoring Program No. 106 for The Platinum
Triangle, and a Mitigated Negative DeGaration for the Proposed Development Agreement and the Proposed
Protect, together with Mitigation Monitoring Program No. 129, era adequate to serve as the required =
environmental documenlatlon for this Development Agreement and Conditional Use Permit and satisfy all of
the requirements of CEQA, and that no further environmental documentaticn need be prepared for this
Development Agreement.
NOW. THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does.
hereby grant subject Petition for Conditional Use Permit, upon the following condi8ans which are hereby
found to be a necessary prerequisite to the proposed use of the subJect property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
1. That this CondBfonal Use Permit is granted subject to adoption of Development Agreement No-
2005.00005 and Tentative Tract Map No. 16825, now pending..
2. That the legal property owner shall Irrevocably offer to dedicate to the Clly of Anaheim an easement
for a domestic above-ground water meter In addition to providing a 5-foot wide clearance around the
water meter pad and a 10.foot wide access easement along the water Ilne from the street to the
. water mater pad for ma(ntenance.
3. That a private water system with separete water service for fire protecfion and domestic water shall'
be provided. Said information shall be shown on plans submitted for building permUs.
4. That all backfiow equipment shall be located above ground outside of the sUeet setback area in a
manner fuly screened from all public sVeets and alleys. Any backflow assemblies currently Installed
In a vault shall tie brought up to current standards. Any other large water system equipment shall be
Installed to the satisfaction of the Water Engineering DNision In either underground vaults or outside
of the sVest setback area In a manner fully screened from elf public streets and alleys. Sold
Information shall be specifically shown oh plans submitted for approval by the Water Engineering
Division aF the Public Utilities Department... '
5. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of exlsiing water services and fire lines, shall be coordinated through the Water
Engineering Divisicn of the Public Utilities Department-
6. That prior tc submlUing the water Improvement plans, the property ownerldeveloper shall submit a
water system master plan, Including a hydraulic distribu8on network analysis, to the W aler -
Engineering Division of the Pubiic Utilities Department for review end approvah 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..
7. That prior to application for water meters, fire lines or submitting the waier improvement plans For
approval, the property owner/developer shalt submit to the Water Engineering, Division of the Public
Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour
-3- PC2005-83
water demands for the project. This Informaton will ba used to determine the adequacy of the
existing water system to provide the estimated water demands. My off-site water system
Improvements required to serve the project shall be done In accordance with Rule No. 15A.6 of the
Water UUiily Rates, Rotes, and Regulations.
8. Thaflndlvidual water service and/or fire line connections shelf be required for each parcel and/or
residential and commercial unitper Rule 18 of the Clty of Maheim's Water Rates, Rules and
RegutaUcns.
9. That because this project has a landscaping area exceeding 2,500 square foal, a separate irrigation
meter shall be Installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the
Maheim Municipal Cade. Said infortna8on shall be specifically shown on plans submitted for
building permits.
10. That signs shall be posted Indicating no on-street parking shall be allowed on the adJaceht streets
except where designated tom-out areas are provided for loading and unloading. Such signs shall be
shown on plans submitted for the review and approval of the City Traffic and Transportation
Manager.
11. That trash storage areas and trash chutes shay be provided and maintained in a Ibcation acceptable
to the Public Works Department, SVeets end Sanitation Division and In accordance with exhibits
approved In conjunction with this Conditbnal Use Permit, on file with the Planning Department. Said
Information shall be specifically shown on plans submitted for building permits.
12. ThaCthe Iegai property owner shall provide the CIty of Maheim with en easement for electrical
service Imes to be determined as electrical design is completed. Said easement shall be aubmilted
to the CIty of Maheim prior to connection of electrical service.
13. That an on-site trash frock tom-around area shall be provtded per Engineering Standard Detail Na.
476 and maintained to the'saUsfaction of the Public Works Department, Streets and Sanitation
Division. Said turn-around area shall be specifically shown on plans submitted for building permits.
i4. That the proposed development shall operate in accordance with the written solid waste
management plan signed by the project applicant, Integral Partners. Modlflcations to the solid waste
management plan shall only occur iF mutually agreed upon by both the property owner and the Cily
of Maheim DVector of Public Works.
15. That any required relocation of City electrical facilities shall be at the property owner/developer's
expanse. Landscape and/or hardscape screening of all pad-mounted equipment shall be required
and shall he shown on plans submitted for building permits.
18. That Gosed circuit television (CCTV) security cameres shall be installed to monitor the parking
strueture and the mailroom on the second-level of the parking structure to the satisfaction of the
Maheim Police Department. CCTV cameras shall be sValeglcally located throughout the parking
sWcture, covering all areas, especially all pedestrian and vehicular access points. Said Information
shall ba specifically shown an plans submitted for building permits.
17. That each Individual building and unit shall be clearly marked with Its appropriate building number
and address. These numbers shall be positioned so they are easily viewed from vehicular and
pedestrian pathways throughout fha complex. Mein building numbers shall be a minimum of 12
Inches In height. Main building numbers and address numbers shall be Illuminated during hours of
darkness. Said informallon shall be specifically shown on plans submitted for building permits.
18. That 4-foot htgh address numbers shalfbe displayed flat on the roof in a wnVasting color to the roof
matedal. The numbers shall not be visitile from view of the street or adjacent properties. Sold
-4- PC2D05-83
Information shall be specifically shown on plans submitted for Police Department, Community
Services Division approval.
19. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital
keypad entry system shall be Included to facilitate quick response by emergency personnel. The
system's entry code shall be provided to the Anaheim Police Department Communications Bureau
and the Anaheim Fire Department. Said infortnatlon shall be specifically shown on plans. submiied
for building parrnlts, ,
20. That adequate lighting on all levels of the parking structure, including circulation areas, aisles,
passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of
sufflc(ent wattage to provide adequate Illumination to make cleady visible the presence of any parson
on or about the premises during the hours of darkness end provide a safe, secure environment for all
persons, property, and vehicles on-site. Sold fnfortnation shall be specifically shown on plans
submitted for building permits.
21. That decorative french doors acceptable to the Planning Services Division shall he provided on all
.patio (ground-floor) doors.. Said infortna8on shall he specifically shown on plans submitted for
building permits...
22. That all air conditioning facilities end other roof and ground mounted equipment shall be properly
shielded from view. Sold information shall be speclDcally shown on the plans submitted for building
permits..
23. That all plumtiing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by archltecturai devices andlor appropriate building materials. Said inforna8on shall
be specifically shown on the plans submitted for buUding permits.
24. That the property shall be permanently maintained In an orderly fashion by providing regular
landscape maintenance, removatof trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
25. That any tree planted on-site shell be replaced in a timely manner in the event that it is removed,
damaged, diseased andlor dead.
26. That thaproperty owner/developer shall be Yasponsible for ecmpliance with elf mitigation measures
within the assigned Uma frames and any direct costs assaGated. with the attached Miliga0on
Monitoring Progtam No. 129 as established by the City of Anaheim and as required by Section
21081.6 of the Public Resources Code to ensure implementation of those Identified mitiga8on
measures.
27. That slgnage for this project shall be limited to that shown on the approved Conditional Use Permit
exhlhits submitted by the project applicant, on file in the Planning Department. Any add(Uonal
slgnage shall be sub)ect to approval by the Planningbirector.
28. That gates shall not be Installed across any ddveway or private street In a manner which may
adversely affacfvahiculartraffic on the adjacent public street. Installation of any gates shelf conform
to the. Engineering Standard Plan No. 475 and shell be subject to the review and approval of the City..
Traffic and Transportation Manager prior to the Issuance of the first building permit.
29. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance wlfh the current version of Engineering StandaM Plan Nos. 402, 436,
47D, 471, 472, 473 and 475 pertaining to parking standards and driveway locations. Subject.
property shall thereupon be developed and maintained In conformance with Bald plena.
-5- PC2005.83
30. That all driveways to the project site shall be constructed with ten (10) foot radius curb returns as
required by the City Engineer in conformance with Engineering Standard No. 115: Sold information
shall be specifically showh on plans submitted for building permits.
31. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
32. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for s(gns
orwalUfence locations. Said information shall be specifically shown on plans submitted for building
permits:.
33. That assigned parking spaces shall be provided for each residential unit. Said informatioh shall be
specifically shown on plans submitted for building permits.
34. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permissioh of the
Management" Said Information shall be specifically shown on plans submitted for building permits.
35. That alfobove-ground utility devices shall be located oh private property and outside any required
street setback area. Said Information shall be shown on plans 'submitted for the first building
permits.
36. That subject property shall be developed substahtiatly in 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 24, and as conditioned herein.
37. Thal prior to Issuance of the first building permit, or within a period of one (1) year from the date of
this resclutlon, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 15,16, 17,18,
19, 20, 21, 22, 23, 27, 28, 29, 30, 32, 33, 34 and 35, above-mentioned, shall be compiled with.
Extensions for further time to complete sold conditions may be'granted in accordance with Section
18:03.09D of the Anaheim Municipal Code.
38. That prior to final building and zoning inspections, Condition No. 36, above-mentioned, shall be
complied with.
39..That the applicant shall submit enhanced building/architecture) plans for review and approval by the
Planning Commission as a "Reports and Recommehdaflons' item prior to City Council action an
Development Agreement No.2005-00005, Tentative Tract Map No: 16825 and Conditional Use
Pertnlt No. 2005-04975.
40. 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, Stale and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicablebrdinance, regulation oYrequUement.
BE R RESOLVED that the Anaheim Planning Commission does hereby Ond end determine
that adoption of this'Resolutlon is expressly predicated upon eppllcanYS compliance with each and ell of the
conditicns herainabove set forth. Should any such condi8on, 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 end void.
AND BE 1T FURTHER RESOLVED that the property owner/devetoper is responsible for
paying all charges related to the processing of this discretionary case application within 7 days of the
issuance of the final Invoice, prior to the Issuance of building permits or commencement of activity for this
project, whichever occurs first. Failure to pay all charges shelf result In delays in the Issuance of required
permits or the revocation of the approval of ibis application,
-6- PCZ005-63
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
June 1, 2D05. Said resolution Is subject to the appeal provisions set forth In Chapter 18.60, "Procedures" of
the Anaheim Municipal Code pertafning to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
lORGGINAL SIGNED t3Y ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Molls, Senior Secretary of the Anaheim Planning Commission, do hereby cert(fy
that the foregoing resolution was passed end adopted at a meeting of the Anaheim Planning Commission
held on June 1, 2005, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PERQ, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FLORES
VACANT: COMMISSIONERS: ONE VACANCY
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2005.
!ORIGINAL SIGNED 8Y ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-7- PC2005-83
Item No. 1 E
ATTACHMENT N®. 1
RESOLUTION NO. PC2007-47
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05202 BE GRANTED
(1055 EAST BALL ROAD)
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 2, OF PARCEL MAP NO. 98-248, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313, PAGES 35
AND 36 OF PARCEL MAPS., RECORDS OF SAID COUNTY.
RESERVING THEREFROM UNTO GRANTOR AND IT'S SUCCESSORS AND
ASSIGNS, THE FOLLOWING:
A. ANON -EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS FOR COMMON
AND GENERAL DRIVEWAY PURPOSES OVER THAT PORTION OF SAID LAND
DEPICTED AS "AN EASEMENT RESERVED FOR INGRESS AND EGRESS FOR
COMMON AND GENERAL DRIVEWAY PURPOSE FOR THE BENEFIT OF
PARCEL 1", ON THE AFORE-MENTIONED PARCEL MAP NO. 98-248, IN THE
CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAP FILED IN BOOK 313, PAGES 35 AND. 36 OF PARCEL MAPS; AND
B: ANON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS PURPOSES
TOGETHER W ITH THE RIGHT TO GRANT OR TRANSFER SAME OVER THAT.
PORTION OF PARCEL 2, OF PARCEL MAP NO. 98-246, IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PE MAP FILED
IN BOOK 313, PAGES 35, AND 36 PF PARCEL MAPS, LYING WITHIN THAT..
PORTION DEPICTED AS "AN EASEMENT FOR INGRESS AND EGRESS PER
O.R 11208/1927 & O.R. 12126/16", ON THE AFORE-MENTIONED PARCEL MAP.
PARCEL B:
A NON- EXCLUSIVE EASEMENT FOR. INGRESS AND EGRESS.. OVER THAT
PORTION OF PARCEL 1, OF PARCEL MAP NO. 98-248 IN THE CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 313,
PAGES 24 AND 36 OF PARCEL MAPS., LYING. WITHIN THAT PORTION DEPICTED..
AS "AND EASEMENT FOR INGRESS AND EGRESS PER O.R. 11208/1927 & O.R.
1 21 2 6/1 63", ON THE AFORE-MENTIONED PARCEL MAP.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on May 14, 2007, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
Cr\PC2007-47 -1- PC2007-47
1. That the proposed use, to construct a 5-story office and training building, is properly one for
which a conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040.0402
(Offices -General) with waivers of the following: -
(a) SECTION NO. 18.10.050.010 Maximum structural height. „.,
Deleted
(b) SECTION tJO. 18.10.060.020.0201
Minimum landscape setback.
(20 feet required; 10 - 15 feet proposed
(c) SECTION NO. 18.42.040.010
Minimum number of parking spaces.
519 required; 406 proposed)
2. That the above-mentioned waiver (a) is hereby denied because it has been deleted
3. That the above-mentioned waiver (b) is hereby approved as the site is unique because of its
irregular shape and frontage on 2 public rights-of-way antl 1 pfivate street. The site is further constrained by
a 15-foot wide water easement which runs through the center of the property and is therefore limited in
useable area. Additionally, the neighboring properties to the north and south provide proportionally similar
landscape setbacks.
4. .That the above-mentioned waivec(c), under the conditions imposed will not cause fewer off-
street parking spaces to be provided for such use than the number of such spaces necessary to
accommodate all vehicles attributable to the proposal under the normal and reasonably foreseeable
operation of such use:
5. That the parking waiver, under the conditions irriposed, will not increase the tlemand and
competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking
demand study. A minimum of 366 parking spaces is required and 406 parking spaces would be provided
which results in an excess of 40 parking spaces.
6. That the waiver, will not increase the demand and competition forparking spaces upon
adjacent properties in the immediate vicinity of the proposed use since parking is contained within the
property boundaries and the property to the north with a shared parking agreement. There is no circulation
between the subject site and the properties to east, south, and west.
7. That the waiver, will not increase traffic congestion within the off-street parking areas or lots
provided for the proposed uses as ingress and egress to the site would be provided via two (2) driveways
and there is an existing access easement with the property to the north.
8. That the proposed office and training building as conditioned herein would not adversely
affect the adjoining land uses and the growth ahd development of the area in which it is proposed to be
located.
9. That the size and shape of the site for the use is adequate to allow the full development of
the proposed use in a manner not detrimental to the particular area or to the health and safety.
10. That granting of the conditional use permit under the conditions imposed, wilt 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
11: That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
-2- PC2007-47
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning
Commission has reviewed the proposal to construct a 5-story office and training building with waivers of
minimum landscape setback and minimum number of parking spaces and does hereby approve the
Mitigated Negative Declaration and the associated Mitigation Monitoring Plan No. 144 upon finding that the
declaration reflects the independent judgment of the lead agency and that it has considered the Mitigated
Negative Declaration and together with any comments received during the public review process and
further finding on the basis of the initial study, including the analysis of potential aesthetic, air quality and
utilities and service systems impacts and any comments received that there is no substantial evidence that
the project will have a significant effect on the environment,
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
health and safety of the Citizens of the City of Anaheim:
Prior to issuance of a building permit or within a period of one 111 year from the date of this
resolution. whichever occurs first, the following conditions shall be complied with:
1. .That the training facilities shall be operated as a part of the business which occupies the building and shall
not be used for public uses.. If at any time the operational characteristics of the training facilitychanges, a
detailed description of the operational changes shall be submitted for review by the City's Traffic and
Parking Consultant to determine if the changes would cause fewer off-street parking spaces to be
provided than the number of spaces provided on site. If it is determined the expected demand is greater
than the spaces provided on site, an application for modification of the conditional use permit shall be
submitted to the Planning Services Division for approval by the Planning Commission....
2. That the property owner shall dedicate to the City of Anaheim comer cut-off dedications at Ball Road/East
Street and Ball Road Lewis Street..
3. That an unsubordinated restricted covenant providing reciprocal access and parking be made with the
property located at 1001 East Ball Road for a minimum of 106 parking spaces. This covenant shall be
approved by Planning Services Department and in a form satisfactory to the City Attorney shallbe;
recorded with the Office of the Orange County Recorder:
4. That all driveways shall. be constructed with ten (10) foot radius curb returns as required by the City.
Engineer in conformance with Engineering Standard No.,115. Said information shall be specifically shown
on plans submitted for building permits.
5. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular
traffic in the adjacent public street. Installation of any gates shall. conform to Engineering Standard Plan
No. 475 and shall be subject to the review and approval of the :Planning Services Division prior to issuance
of a building permit.
6. That the developer shall remove and/or relocate any traffic signal equipment or any other related item to
the traffic signal if the project requires street widening or modification of any driveways.
7. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in
conformance with the Engineering Standard No, 115. pertaining to sight distance visibility for the sign or
walllfence locations.:
8. That plans shall be submitted to the Planning Services Division for review and approval showing
conformance with the current version of Engineering Standard Plan Nos. 4028, 436 and 470 pertaining to
parking standards and driveway locations. Subject property shall thereupon be developed and maintained
in conformance with said plans...
-3- PC2007-47
9. That no required parking area shall be fenced qr otherwise enclosed for storage uses..
10. That an on-site trash truck tum around area shall be provided per Engineering Standard Detail No. 476 or
an approved alternative, which shall be shown on plans as required by the Department of Public Works,
Sanitation Division. Said information shall be specifically shown on plans submitted for building. permits.
11. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department, Streets and Sanitation Division and in accordance with approved plans on file with said
Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from
graffiti opportunities by the use of plant materials such as minimum 1-gallon size clinging vines planted on
maximum 3-foot centers or tall shrubbery. Said information shall be specifically shown on the plans
submitted for building permits.
12. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
13. That the locations for future above-groundLtility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i:e. landscape screening, colorof walls; materials; identifiers, access points, etc.) and shall be
subject to the review and approval of the appropriate City departments: '
14. That all requests for view water services dr fire lines, as well as any modifications, relocations, br
abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering
Division of the Anaheim Public Utilities Department.
15: That alt existing water services and fire lihes shall cohform td current Water Services Standards
Specifications. Any water service andlor fire Tine that does not meet curent standards shall be upgraded if
continued use is necessary or abandoned if the existing service is no longer needed. The
owner/developer shall be respdnsible for the costs to upgrade or to abandon any water service or fire line.
16. That all backflowequipmentsholl be Ideated above ground outside of the front setback area in a manner
fully screened from all public streets and alleys: Any backflow assemblies curehtly installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to the
satisfaction df the Water Engineering Division outside of the front setback area in a manner fully screened
from all public street and alleys. Said information shall be specifically shown on plans and approved by
Water Engineering and Cross Connection Control Inspector.
17. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall
be installed and comply with City Ordinance No. 5349 ahd Chapter 10.19 of Anaheim Municipal Code.
Said information shall be specifically shown onplans submitted for building permits.
18. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape
and/or hardscape screening of all pad mounted equipment shall be required and shall be shown on plans
submitted for building permits:
19: That all air conditioning apparatus and otherroof ahd ground-mounted equipment shall be properly
shielded from view and the sdund buffered from adjacent residential properties and the public right-of-way.
Such information shall be specifically shown on the plans submitted for building permits:
20. That final landsdape and fencing plans for the subject property shall be submitted to the Planning
Department for review and approval. Said plans shall show minimum 24-inch and 36-inch box size trees,
shrubs, grbundcover, and clinging vines to be planted in layers and shall also show decorative hardscape
treatment within the central courtyard area. The landscape material selected shall be appropriate to the
-4- PC2007-47
width of either the parkway or the planter area. Any decision made by the Planning Department regarding
said plan may be appealed to the Planning Commission. All trees shall be properly and professionally
maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically""
shown on the plans submitted for building permits.
21. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
ground contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate
illumination to make clearly visible the presence of any person on or about the premises during the
hours of darkness and provide a safe, secure environment for all persons, property, and vehicles
onsite. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approval
22. That 4-foot high address numbers shall be displayed flat on the roof of the building in a color that
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for Police Department,
Community Services Division approval
23. That the project shall provide for accessible truck deliveries on-site. Said information shall be
specifically shown on plans submitted for building permits..
24. That any required relocation of City electrical facilities shall be at the developer's expense.
25. That plans shall be submitted to the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Plan Nos. 436, .and 470 pertaining to
parking standards and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans.
26. That final elevation plans shall be submitted to the Planning Services Division for Planning
Commission review as a "Reports and Recommendations" item. Said plans shall include additional
architectural enhancements for the elevations facing Ball Road and East Street.
27. That building and parking lot lighting shall be decorative. Additionally, lighting fixtures shall be down-
lighted and direct away from residential properties to protect the residential integrity of the area. Said
information shall be specifically shown o the plans submitted for building:permits.
28. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices andlor appropriate building materials. Said information shall be
specifically shown on the plans. submitted for building permits.
29. That the project site under construction will be screened during construction with a temporary fence to
visually screen the construction areas from the adjacent streets and residences. Said information shall
be specifically shown on the plans submitted for building permits.
Prior to issuance of a grading permit, the following conditions shall be complied with:
30. That pdor to issuance of a grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
e Describes the long-tens operation and maintenance requirements for the Treatment Control BMPs.
-5- PC2007-47
• Identifies the entity that will be responsible for long-term operation and maintenance of the
Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and maintenance of the Treatment
Control BMPs.
Prior to final building and zoning inspections the following conditions shall be complied with.
31. That prior to issuance of a certificate of occupancy, the applicant shall
• Demonstrate that all structural BMPs described in the Project WOMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non-structural BMPs described in the
Project WOMP.
• Demonstrate that an adequate number of copies of the approved Project WOMP are available
onsite.
• Submit for review and' approval by the City an Operation and Maintenance Plan for all structural
BMPs.
32. That prior to issuance of certificate of occupancy, ADA compliant curb access ramps with truncated domes
shall be constructed at Ball Road/East Street and Ball Road Lewis Street in conformance with Public
Works Standard Detail 111-2.
33. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 11, and as conditioned herein.
General Conditions:
34. That the developer shall 6e respdhsibie forcompliahce with all mitigation measures within the
assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program
No. 144 as established by the City of Anaheim and as required by Section 21081.6 of the Public
Resources Code to ensure implementatipn of those identified mitigation measures.
35. That all public phones shall be located inside the building.
36. That all trash generated from this office building shall be properly contained in trash bins located within
approved trash enclosures. The number of bins shall be adequate and the trash pick-up shall be as
frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property.
The Community Preservation Division of the Planning Department shall determine the need for
additional bins or additional pick-up. All costs for increasing the number of bins or frequency of pick-up
shall be paid by the business owner.
37. That the property shall be permanently maintained in an orderly fashion through the provision of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty-four
(24) hours from the time of discovery..
38. That any tree planted on-site shall tie replaced in a timely manner in the event that it is removed,
damaged; diseased and/or dead.
39. That timing for dompliance with cohditions of approval may be amended by the Planning Director upon
a showing of good cause provided (i) equivalent timing is established that satisfies the original intent
and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward establishment of the use or approved
development.
-6- PC2007-47
40. That extensions for further time to complete conditions of approval may be granted in accordance with
Section 18.60.170 of the Anaheim Municipal.
41. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal.
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding .any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible far 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
May 14, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
(ORIGINAL SIGNED BY GAIL EASTMAN)
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify
that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission
held on May 14, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FAESSEL, FLORES, KARAKI, ROMERO, VELASOUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2007.
(ORIGINAL SIGNED BY ELEANOR MORRIS)
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-7- PC2007-47
__l
- - - =. _ ORANGETHORPE AVENUE
- - - - - ANPHEIM'CRY'LIMRS t
1
T I.
AUTO SN.VAGE ~
1
1 MAGP2INE -
SP B41
AUTU
0101MNTLER
I
WATER
BGSIN
RLL
SP 96-1
M®ILA1WGGp
TERMINAL
WL
TAN16
li
t
1
H~
b~~~y.~~ KE Ff"1~~'.j I4
~ ~
µa~'S"e"' F ~ 11
1
SP 841 ~
INC. FIRM
PPB4t
LCNBTRUCTICN ~
BUBINE55 '
-,
Y" ~~ ~
(y^Y'fi~~ 'e"
`T
'rt.1 ~
2
~~rfy ~ - .
k ~~L~
~~~~SYg~K`E, F
4"i~'~N' O=$ W
~s ~
~"f< Z
~'~t~,
.v~ .. W
41 LL
INO. ~u1 ~
N ND. FPM
.~ ~nwP 2wT-Bezat~ ^ {=Ltl64StlS~3468 ,~ sPS4t
T CUP 2001d52B0 GUP 2396 TRUCK 1RUCN
I r•~n inid ~& Fl CUP 2052 REPAIR YARD
SP Bat
CRY PRLPQitt
BP841
CITY PRLPEAtt
I
vnuNr
o so 1BB
reel
SP 841
BEOARO
nt=TOMOTNE I CglIS GN I GBB ~WE0. I
GFMFA FlRM PARfSEI U
JJ ~
MIRALOMA AVENUE
W w1
®B41 A1
uFi
~~-1 EP B6-1
SP B41 L.BREWER HvBTER
C6
Conditional Use Permit No. 2334
Tracking No. CUP2007-05291
1320 North Tustin Avenue and 1401 North Jefferson Street
-f1
~N::=t:=: Subject Property
Date: February 4, 2008
10456
Conditional Use Permit No. 2334
Tracking No. CUP2007-05291
1320 North Tustin Avenue and 1401 North Jefferson Street
Subject Property
Data: February 4, 2008
'10456
a so ioo
Aeriel Photo:
kce ~~.a., ~rnia
ITEM NO. 2
PLANNING COMMISSION AGENIDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:. FEBRUARY 4, 2008
FROM: PLANNING SERVICES MANAGER
SUBJECT: CONDITIONAL USE PERMIT NO. 2334
(TRACKING NO. CUP2007-05291)
LOCATION: 1320 North Tustin Avenue and 1401 North Jefferson Street
APPLICANT/PROPERTY OWNER:. Dennis McCollough representing CADS is the
applicant and Brian Malliet with BKM Development is the property owner
REQUEST: The applicant requests approval to amend the conditionsbf approval
pertaining to hours of operation for apreviously-approved outdoor automotive storage
yard.
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, approve the previously approved Negative Declazation:
(b) By resolution, approve the amendment to Conditional Use Permit No. 2334.
BACKGROUND: This property is currently used for a heavy equipment storage yard
and is minimally developed with small structures and an oi] well. It is located in the
Northeast Area Specific Plan, Industrial Area (SP94-1, D.A. 1) and is within the Merged
Redevelopment Project Area. The General Plan designates this property and properties
to the north and south for Industrial land uses. The property to the east is designated for
Water uses and the properties to the east, across Jefferson Street, aze within the
boundaries of the City of Placentia.
PROPOSAL: On November 14, 2007, the Planning Commission approved a request by
this applicant to expand an existing automobile auction facility to add a 638 space
vehicle storage ]ot and vehicle unloading area. The applicant inadvertently indicated the
incorrect hours of operation for both the Auto Auction facility and for the loading area
and vehicle staging area which were included in the resolution. The applicant submitted
a letter, which is attached to this report, requesting that the permit be modified to
indicate the actual hours of operation.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92605
Tel: (714) 765-5139
Fax: (714) 765-5260
www.anaheim.net
CONDITIONAL USE PERMIT No. 2334.
February 4, 2008
Page 2 of 2
CONCLIISION: Staff believes that due to the nature of the facility and the surrounding
properties that there is no need to limit the hours of operation for this facility.. Therefore, staff
recommends deletion of the conditions pertaining to hours of operation.
Res ectfully submitted, Con urred by,
Principal er 1 g S rvices Manager
Attachments-
1. Letter of Request
2. Draft Resolution
3. Prior Resolution
The following attachments were provided to the Planning Commission and are .available
for public review at the Planning Services Division at City Hall.
4. Planning Commission Staff Report (November 14, 2007)
5. Planning Commission Minutes (November 14, 2007)
December 3, 2007
Kimberly Wong, Planner
Planning Department, City of Anaheim
200 S. Anaheim Blvd., #162
Anaheim, CA 92805
}3E: Conditional Use Permit No. 2334 (Tracking No. CUP 2007-05260
Deaz Kimberly,
We respectfully request amendments to the Conditions of Approval to add the storage lot at 1401
Jefferson to the CUP for the main facility at 1320 N. Tustin Ave.
The requested amendments are as follows:
COA 18: The hours of operation for the Auto Auction facility shall be as follows:
Monday through Thursday: 9 a.m. to 5 p.m.
Friday: 9 a.m. to 4 p.m.
Saturday and Sunday: Closed
Requested amendment;
Monday through Thursday: 8 a.m. to Sp.m.
Friday: 8 a.m. to 4 p.m.
Saturday and Sunday: Closed
COA 19: That the hours of operation for the loadmg azea and vehicle staging shall be as follows:
Monday through Friday: 7 a,m, to 7 p.m.
Saturday and Sunday: Closed
Requested amendment:
That the hours of Operation far the loading area and vehicle staging shall be as follows:
Sunday through Saturday 14 hours/day
Please note that the requested amendment is consistent with the historical opemtion of the facility
that has been approved in all prior CUP's. Please ]et us know if you need additional information.
For
^~_
,1: .
1320
O -'] CUP PIO.2334
PC MEETING DATE: 02-04-08
Date .FILE COPY
Tustin Ave., Anaheim, CA 92807 (714) 996-2400 Fax: (714) 996-6297 ~®~
HJiFNPPISES, ING
[b~R~F'I'] A'~"a'AC~YIV~ElV'I' PdO.2
RESOLUTION NO. PC2008 ***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC2007-140, AS PREVIOUSLY AMENDED
(1320 NORTH TUSTIN AVENUE AND 1401 NORTH JEFFERSON AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for certain real properly situated in the City of Anaheim, County of
Orange, State of California, described as:
PORTION 1:
THAT PORTION OF LOT 42 OF HAZARD'S. SUBDIVISION, AS SHOWN ON LICENSED
SURVEYORS MAP FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE 50 32' S4" E 16.06
FEET ALONG THE EAST LINE OF SAID LOT TO THE NORTHWEST LINE OF THE
RIGHT OF WAY CONVEYED TO SOUTHERN CALIFORNIA RAILWAY COMPANY BY
DEED RECORDED AUGUST 12, 1893 IN BOOK 81, PAGE 346 OF DEEDS; THENCE
SOUTHWESTERLY ALONG SAID NORTHWEST RIGHT OF WAY LINE 349.34 FEET:
ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2593.53
FEET THROUGH A CENTRAL ANGLE OF 7 43'03" THENCE CONTINUING TANGENT
TO SAID CURVE ALONG SAID RIGHT OF WAYS 15 30' 32" W 267.35 FEET TO THE
NORTH LINE OF THE LAND CONVEYED TO WILLIAM B. SPEER BY DEED
RECORDED DECEMBER 26, 1917 IN BOOK 316, PAGE 398, OF DEEDS SAID NORTH
LINE BEING ALSO THE NORTH LINE OF PARCEL 3, OF PARCEL MAP RECORDED IN
BOOK 47, PAGE 19, OF PARCEL MAPS, RECORDS OF SAID COUNTY ; THENCE S 89
20' 33" W 622.74 FEET ALONG SAID NORTH LINE AND IT'S WESTERLY
PROLONGATION TO THE SOUTHEAST CORNER OF LAND CONVEYED TO MARTIN
APALATEGUI AND JUANA APALATEGUI, HIS WIFE BY DEED RECORDED AUGUST
22, 1918, IN BOOK 326, PAGE 29, DEEDS; THENCE S 0 32' S1" W 600.72 FEET ALONG
THE EAST LINE OF SAID APALATEGUI LAND TO THE NORTHEAST CORNER
THEREOF, SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID LOT
42; THENCE N 89 20' 09" E 815.60 FEET ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING.
PORTION 2:
THAT PORTION OF LOT 35 OF HAZARD'S SUBDIVISION, IN THE CITY OF ANAHEIM
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON AMENDED MAP OF
RICHFIELD FILED IN BOOK I, PAGE 26 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 256.23 FEET NORTH OF THE SOUTHEAST QUARTER OF
SAID LOT 35; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF
-1- PC2008--***
BEGINNING AT A POINT 256.23 FEET NORTH OF THE SOUTHEAST QUARTER OF
SAID LOT 35; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF
SAID LOT 35, 256.24 FEET; THENCE WESTERLY. PARALLEL TO THE SOUTHERLY
LINE OF SAID LOT 35, 850 FEET; THENCE SOUTHERLY, PARALLEL TO THE
EASTERLY BOUNDARY LINE OF SAID LOT 35, 256.24 FEET; THENCE EASTERLY 850
FEET TO THE POINT OF BEGINNING
WHERAS, on November 14, 2007, Resolution No. PC2007-140 was adopted by
the Planning Commission to expand an existing automobile auction facility to add a 638 space
vehicle storage lot and vehicle unloading azea at 1401 North Jefferson Street with waiver of
minimum setback adjacent to a public right-of--way; and
WHEREAS, on May 17, 1982, Resolution No. PC82-93 was adopted by the
Planning Commission to expand an existing automobile auction and detailing facility in the ML
(Limited Industrial) zone of 1320 North Tustin Avenue;~and
WHEREAS on November 27, 1995, Resolution No. PC95-141 was adopted to
amend said Resolution No. PC82-93 and permit further expansion of the existing automobile
auction and reconditioning facility with waivers of minimum landscaping requirements and
permitted encroachment into a setback; and
WFIDREAS on October 11, 1999, Resolution No. PC99-178 was adopted to
amend said Resolution No. PC82-93 to retain five temporary trailers for office use and two'
canopies and to permit new vehicle auction lanes in conjunction with the existing automobile
auction and reconditioning facility; and
WfiEREAS, Condition Nos. 18 and 19 of Resolution No. PC2007-140 statesi
18. That the hours of operation for the auto auction facility shall be as follows:
Monday through`Thursday: ' 9 a.m. to 5 p.m.
Friday: 9 a.m. to 4 p.m.
Saturday and Sunday: Closed
19. Thaf the hours of operation for the loading area and vehicle staging shall
be as follows:
Monday through Friday: 7 a.m. to 7 p.m.
Saturday and Sunday: Closed
WHEREAS, the applicant has requested an amendment to his conditional use
permit to modify Conditions No. 18 and 19 pertaining to hours of operation
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 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, to heaz and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendafions in connection
therewith; and
-2- PC2008-***
WFIEREAS, 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 an amendment to the conditional use permit to delete the limitation omthe .
hours of operation is permitted under authority of Code Section 18.60.190:
2. That an amendment to the condifional use permit to deletethe limitation on the
hours of operation for the automobile auction facility 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.
4. That granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding azea.
5. 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 find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 2334
(Tracking No. CUP2007-05260) is adequate to'serve as the required environmental
documentation in connection with this request,
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend, in their entirety, the conditions of approval adopted in connection with Resolution
No. PC2007-140 as amended, Resolution No. PC82-93, as amended by Resolution Nos. PC95-
141 and PC99-178 and as adopted in connection with Conditional Use Permit No. 2334, to delete
the limitation on the hours of operation and to read as follows:
-3- PC2008-***
liesponsfble
C®A Conditions of Approval fore
IVlonitoring
.ui'' "*s
~ fr'
~}9 .~ '£. *z ~d ~Mr'r~, ate
~ ~... ~;.tis "1fY 'C
p
+m.~ 3J~
y~`;
That all automobile pazkimg storage and circulation areas shall be fully paved
COA 1 ~~ mnmmum three (3) inch asphalt concrete or other comparable material Planning
approved by the City of Anaheim, and shall be maintained in good condition
at all times.
That plans shall be submitted demonstrating that vehicle unloading
COA 2 operations within the transporter unloading azea will not be visible to the Planning
public right-of--way.
That the legal property owner shall provide a Title Report and any backup
COA 3 documents describing any easements on the property. Upon review, aright-of- PW -Dev Svcs
way dedication may be required.
That the legal property ownei shall submit an application for a Subdivision
Map Act Certificate of Compliance to Public Works/Development Services. A
COA 4
Certificate of Compliance or Conditional Certificate of Compliance shall be PW _Dev Svcs
approved by the City Engineer and recorded in the Office of the Orange
County Recorder prior to issuance of a building pernut.
That a Right of Way Construction Pemut shall be obtained from the
Development Services Division for all work performed in the right of way.
The developer shall submit street improvement plans to the Public Works
Department, Development Services Division to improve Jefferson Street (4-
lane secondary arterial with a required 45-foot half width, 32' curb, 8' pazkway
and 5' sidewalk) in conformance with Public Works Standazd Detai1160-A and PW _Dev Svcs
COA 5 the City of Anaheim General Plan. Pazkway landscaping and sidewalk shall be
constructed with the pazkway irrigation connected to the on-site irrigation
system and maintained by the property owner. A bond shall be posted in an
amount approved by the City Engineer and a form approved by the City
Attorney. The driveway approaches on Jefferson Street shall be constructed to
be in conformance with Public Works Standard Detail 115-B. The curb return
radius shall be located a minimum of 1' from the property line. Driveways
shall have a 5' clearance from the curb return radius to any existing structures.
COA 6 That the recordation of a Save Harmless in-lieu of Encroachment Agreement PW -Dev Svcs
be required for any private storm drains connecting to a City stonm drain.
-4- PC2008-***
Responsible
COA Conditions of Approval for ° -
Monitoring
That plans shall show any proposed gates and shall demonstrate that gates
shall not be installed across any driveway in a manner which may adversely
COA 7 affect vehiculaz traffic on the adjacent public streets and that installation of
PW -Traffic
any gates shall conform to the current version of Engineering Standazd
Detai1475. The location of any proposed gates shall be subject to the review
and approval of the City Traffic and Transportation Manager.
That plans shall be submitted to the City Traffic and Transportation Manager
for his review and approval'showing conformance with the current version of
COA 8 Engineering Standazd Plans and Details 402, 436, 470, 471, 472, and 473
PW -Traffic
. pertaining to pazking standards and drivewaylocations. Subject property
shall thereupon be developed and maintained in conformance with said
plans.
That street improvement plans shall be submitted for all street improvements
COA 9 adjacent to the project site to Public Works/ Development Services for
PW -Dev Svcs
review and approval. These plans will show both sides of Jefferson Street,
including all driveways and utility installations, signing .and striping.
That plans. shall show conformance with the current version of Engineering
COA 10 Standard Detail 115 pertaining to sight distance visibility for signs and
PW -Traffic
fence/wall locations and pertaining to industrial driveway radii to the
satisfaction of the City Engineer...
That plans submitted for building permits shall be prepazed substantially in
accordance with the plans and specifications submitted to the City of
Anaheim by the applicant and which plans aze on file with the Planning.
COA 11 Department mazked Revision No. 3 of Exhibit No. 1 and Exhibit Nos. 2 Planning
through 5. That a note shall be added to the construction plans that prior to
final building and zoning inspections, the subject property shall be developed
in substantial accordance with the approved construction plans.
That a note shall be added to the construction plans that all public
COA 12 improvements shall be installed and completed prior to final building and PW -Dev Svcs
zoning inspections.
That fire lanes shall be posted with "No Pazking Any Time." Said
COA 13 information shall be specifically shown on plans submitted for building PW -Traffic
permits.
-5- PC2008-***
I2esponsibde
COA ' Conditions of Approval -far
lilonitoring
That in order to enforce the City of Anaheim regulation prohibiting on-street
parking along Tustin Avenue, the property owners shall paint the curb red '
COA 14 for the entire length of this property and shall maintain this painted azea on
Tustin Avenue. The painting shall be subject to the approval of the City
Traffic Engineer. This requirement shall be specifically shown on plans
submitted for building permits.
That a note shall be added to the construction plans submitted for building
permits that the applicant shall comply with the following prior to final
building and zoning inspections:.
• Demonstrate that all structural BMPs described in the Project WQMP
have been constmcted and installed in conformance with approved plans
COA 15 and specifications.
• Demonstrate that the applicant is prepared to implement all non-
structural BMPs described in the Project WQMP
• Demonstrate that an adequatenumber of copies of the approved Project
WQMP are available onsite. -
• Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
That the applicant shall submit to the Public Works Department Development
Services Division for review and approval a Water Quality Management Plan
that:
• Addresses Site Design Best Management Practices (BMPs) such as
minimising impervious azeas, ma> >~ing permeability, rninimi~ing
directly connected impervious azeas, creating reduced or "zero
dischazge" areas, and conserving natural azeas;'
• Incorporates the applicable Routine Source Control BMPs as defined in
COA 16 the Drainage Area Management Plana
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs,
• Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
PW -Traffic
PW -Dev Svcs
PW -Dev Svcs
-6- PC2008 ***
Responsible
C®A Conditions of Approval for
Monitoring
COA 17 That the applicant shall obtain a demolition permit for demolition of existing
PW =Dev Svcs
structures.
~ R~a~~
5 ,~
- r .,'m`IX ~~ ' z `v. ~r4 ~ x~~ v
.~~.^'~` `fr~n"~'i2~J' r!.
,
..~~4~'~`k„"et~~ . U ,f ."`~ ~.. ,~~~"~S.au~~ .n^1_,. a ,
rut. :'sf a.. ."+: ~-
That timing for compliance with conditions of approval maybe amended by
the Planning Director upon a showing of good cause provided (i) equivalent
COA 18 timing is established that satisfies the original intent and purpose of the
PW -Traffic
condition(s), (ii) the modification complies with the Anaheim Municipal
Code and (iii) the applicant has demonstrated significant progress towazd
establishment of the use or approved development..
That ongoing during project operation, under no circumstances shall car
COA 19 carriers be unloaded or loaded on any public right-of--way nor shall any PW -Traffic
vehicles be parked or staged on said streets.
That ongoing during project operation, all vehicles intended for auction, or
COA 20 ah•eady auctioned, shall be stored inside the fenced azea only and shall not be Planning
pazked in the pazking azea intended for dealer and customer pazking.
COA 21 That on-going during project operation, the transporters will enter the site at
PW -Traffic
the south driveway and exit the site at the north driveway,
COA 22 That on-going during project operation, sanitary sewer and storm drains for this
PW -Dev Svcs
development shall be privately maintained.
That on-going during project operation, the property shall be permanently
COA 23 maintained in an orderly fashion through the provision of regulaz
Planning
landscaping maintenance, removal of trash ordebris, and removal of graffiti
within twenty-four (24) hours from the time of discovery:
That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code
COA 24 and any other applicable City, State and Federal regulations. Approval does Planning
not include any action or findings as to compliance or approval of the request
regazding any other applicable ordinance, regulation or requirement.
That extensions for further time to complete conditions of approval maybe planning
COA 25 granted in accordance with Section 1:8.60.170 of the Anaheim Municipal
Code.
-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 condifions 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 TT 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
pemmits or the revocation of the' approval of this application.
THE FOREGOING RESOLUTION was adopted' at the Planning Commission
meeting of February 4, 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:
CHAIItMAN, 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 February 4, 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--***
A'F'T'AC NT N®. 3
RESOLUTION NO. PC2007-140
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT N0.2334
AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC82-93, AS PREVIOUSLY AMENDED
(1320 NORTH TUSTIN AVENUE AND 1401 NORTH JEFFERSON AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Condifional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PORTION 1:
THAT PORTION OF LOT 42 OF HAZARD'S SUBDIVISION, AS SHOWN ON LICENSED
SURVEYORS MAP FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT, THENCE 50 32' S4" E 16.06
FEET ALONG THE EAST LINE OF SAID LOT TO THE NORTHWEST LINE OF THE
RIGHT OF WAY CONVEYED TO SOUTHERN CALIFORNIA RAILWAY COMPANY BY
DEED RECORDED AUGUST 12, 1893 IN BOOK 81, PAGE 346 OF DEEDS; THENCE.
SOUTHWESTERLY ALONG SAID NORTHWEST RIGHT OF WAY LINE 349.34 FEET
ALONG A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 2593.53.
FEET THROUGH A CENTRAL ANGLE OF 7 43'03" THENCE CONTINUING TANGENT
TO SAID CURVE ALONG SAID RIGHT OF WAYS 15 30' 32" W 267.35 FEET TO THE
NORTH LINE OF THE LAND CONVEYED TO WILLIAM B. SPEER BY DEED
RECORDED DECEMBER 26, 1917 IN BOOK 316, PAGE 398, OF DEEDS SAID NORTH
LINE BEING ALSO THE NORTH LINE OF PARCEL 3, OF PARCEL MAP RECORDED IN
BOOK 47, PAGE 19, OF PARCEL MAPS, RECORDS OF SAID COUNTY ; THENCE S 89
20' 33" W 622.74 FEET ALONG SAID NORTH LINE AND IT'S WESTERLY
PROLONGATION TO THE SOUTHEAST CORNER OF LAND CONVEYED Tp MARTIN
APALATEGUI AND JUANA APALATEGUI, HIS WIFE BY DEED RECORDED AUGUST
22,1918, IN BOOK 326, PAGE 29, DEEDS; THENCE S 0 32' S1" W 600.72 FEET ALONG
THE EAST LINE OF SAID APALATEGUI LAND TO THE NORTHEAST CORNER
THEREOF, SAID NORTHEAST CORNER BEING ON THE NORTH LINE OF SAID LOT
42; THENCE N 89 20' 09" E 815.60 FEET ALONG SAID NORTH LINE TO THE POINT OF
BEGINNING.
PORTION 2:
THAT PORTION OF LOT 35 OF HAZARD'S SUBDIVISION, IN THE CITY OF ANAHEIM
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON AMENDED MAP OF
RICHFIELD FILED IN BOOK 1, PAGE 26 OF RECORD OF SURVEYS IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS
FOLLOWS:
-1- PC2007-140
BEGINNING AT A POINT 256.23 FEET NORTH OF THE SOUTHEAST QUARTER OF
SAID LOT 35; THENCE NORTHERLY ALONG THE EASTERLY BOUNDARY LINE OF
SAID LOT 35, 256.24 FEET; THENCE WESTERLY. PARALLEL TO THE SOUTHERLY- --
LINE pF SAID LOT 35, 850 FEET; THENCE SOUTHERLY, PARALLEL TO THE
EASTERLY BOUNDARY LINE OF SAID LOT 35, 256..24 FEET; THENCE EASTERLY 850
FEET TO THE POINT OF BEGINNING.
WHEREAS, on May 17, 1982, Resolution No. PC82-93 was adopted by the
Planning Commission to expand an exsfing automobile auction and detailing facility in the ML
(Limited Industrial) zone at 1320 North Tustin Avenue; and
WHEREAS on November 27, 1995, Resolution No. PC95-141 was .adopted to
amend said Resolution No. PC82-93 and permit further expansion of the existing automobile
auction and reconditioning facility with waivers of minimum landscaping requirements and.
permitted encroachment into a setback; and
WHEREAS on October 11, 1999, Resolution No. PC99-178 was adopted to
amend said Resolution No. PC82-93 to retain five temporary trailers for office use and two
canopies and to pemut new vehicle auction lanes in conjunction with the existing automobile
auction and reconditioning facility; and
WHEREAS, this property is developed with a wholesale automobile aucfion and.
reconditioning facility for used cars (California Auto Dealers Exchange "C.A.D.E.") in
Development Atea 1 (Industrial Area) of the Northeast Area Specific Plan (SP 94-1); and that.
the property is flesignated for General Industrial. land uses by the General Plan Land Use
Element; and
WHEREAS, the applicant has requested an amendment to Conditional Use Permit
No. 2334 under authority of Code Section 18.60.190; and
WHEREAS, the proposed request is to expand an existing automobile auction
facility to add a 638 space vehicle storage lot and vehicle unloading azea at 1401 North Jefferson
Street with waiver of the following:
SECTION NO. 18.120.050.0902 (al Minimum setback adiacent to public
riehts-of-wav. (50 feet required; 10
feet proposed)
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on November 14, 2007, at 2:30 p.m., nffice 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 heaz 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 fmd and determine the following facts:
-2- PC2007-140
L That the proposed request to expand an existing automobile auction facility to add
a 638 space vehicle storage lot and vehicle unloading azea is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section No.
18.120.050.050.0547 (Vehicle Sales Agencies and Lots).
2. That the proposed automobile auction facility expansion will not adversely affect
the adjoining land uses o>- the growth and development of the azea 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 pazticulaz azea.
4. That granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim and will provide a
land use that is compatible with the surrounding azea.
5. That the waiver pertaining to minirnum setback adjacent to a public right-of--way
is hereby approved since the purpose of the setback waiver is for adequate screening of the
outdoor use and storage and, further, that other properties in the vicinity with similar uses have
setbacks less than the code presently requires: The setback for the wall is adequate since the
required l0 feet of landscaping adjacent to the property line would be provided and would
consist of a berm, trees, hedge, and clinging vines. Additionally, the outdoor activitieswithin the
setback would allow the business full use of the site and would not impact the aesthetics of the
azea because the outdoor activities would be screened from public view.
6. That no one indicated their presence at said public hearing in opposition;' and that
no correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal; and does hereby approve the
Negative Declazation upon finding that the declazation 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 TI' RESOLVED that the Anaheim Planning
Commission does hereby approve an amendment to Conditional Use Permit No. 2334 to expand
an existing automobile auction facility to add a 638 space vehicle storage lot and vehicle
unloading azea.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend, in their entirety, the condifions of approval adopted in connection with Resolution
No. PC82-93, as amended by Resolution Nos. PC95-141 and PC99-178 and as adopted in
connection with Conditional Use Permit No. 2334, to read as follows:
-3- PC2007-140
COA I Conditions of Approvafl
Responsible
_ for
IVIonitoring
That all automobile pazking storage and circulation azeas shall be fully paved
COA 1 ~~ minunum three (3) inch asphalt concrete or other compazable material Planning
approved by the City of Anaheim, and shall be maintained in good condition
at all times.
That plans shall be .submitted demonstrating that vehicle unloading
COA 2 operations within the transporter unloading azea will not be'visible to the Planning
public right-of--way.
That the legal property owner shall provide a Title Report and any backup
COA 3 docunients describing any easements on the property. Upon review, aright-of- PW -Dev Svcs
way dedication may be required. "
That the legal property owner shall submit an application for a Subdivision
Map Act Certificate of Compliance to Public Works/Development Services. A PW -Dev Svcs
COA 4 Certificate of Compliance or Conditional Certificate of Compliance shall be
approved by the City Engineer and recorded in the Office of the Orange
County Recorder prior to issuance of a building permit.
That a Right of Way Construction Pemut shall be obtained from the
Development Services Division for all work performed in the right of way.
The developer shall submit street improvement plans to the Public Works.
Department, Development Services Division to improve Jefferson Street (4-
lane secondary arterial with a required 45-foot half width, 32' curb, 8' pazkway
and 5' sidewalk) in conformance with Public Works Standard Detai1160-A and PW _Dev Svcs
COA 5 the City of Anaheim General Plan. Pazkway landscaping and sidewalk shall be
constructed with the pazkway irrigation connected to the on-site irrigation
system and maintained by the. property owner. A bond shall be posted in an
amount approved by the City Engineer and a form approved by the City
Attorney. The driveway approaches on Jefferson Street shall be constmcted to
be in conformance with Public Works Standadd Detai1115-B. The curb return
radius shall be located a minimum of 1' from the property line. Driveways
shall have a 5' cleazance from the curb return radius to any existing structures.
That the recordation of a Save Harmless in-lieu of Encroachment Agreement
COA 6 be required for anyprivate storm drains connecting to a City storm drain. PW -Dev Svcs
-4- PC2007-140
Responsible
C®A Conditions of Approval for-
Monitoring
That plans shall show any proposed gates and shall demonstrate that gates
shall not be installed across any driveway in a manner which may adversely
COA 7 affect vehiculaz traffic on the adjacent public streets and that installation of
PW -Traffic
. any gates shall conform to the current version of Engineering Standazd
Detail 475. The location of any proposed gates shall be subject to the review
and approval of the City Traffic and Transportation Manager.
That plans shall be submitted to the City Traffic and Transportation Manager
for his review and approval showing confoninan~e with the current version of
COA 8 Engineering Standazd Plans and Details 402, 436, 470, 471, 472, and 473
PW -Traffic
pertaining to parking standazds and driveway locations. Subject property
shall thereupon be developed and maintained in conformance with said
plans.
That .street improvement plans shall be submitted for all street improvements
COA 9 adjacent to the project site to Public Works/ Development Services for pW :Dev Svcs
review and approval. These plans will show both sides of Jefferson Street,
including all driveways and utility installations, signing and striping:.....
That plans shall show conformance with the current version of Engineering
COA 10 Standazd Detail 115 pertairring to sight distance visibility for signs and
PW -Traffic
fence/wall locations and pertaining to industrial driveway radii to the
sa6sfacrion of the City Engineer.:
That plans submitted for building pernuts shall be prepazed substantially in
accordance with the plans and specificafions submitted to the City of
Anaheim by the applicant and which plans are on file with the Planning
COA 11 Department mazked Revision No. 3 of Exhibit No: 1 and Exhibit Nos. 2 Planning
through 5. That a note shall be added to the construction plans that prior to
final building and zoning inspections, the subject property shall be developed
in substantial accordance with the approved construction plans.
That a note shall be added to the construction plans that all public
COA 12 improvements shall be installed and completed prior to final. building and PW -Dev Svcs
zoning inspections.
That fire lanes shall be posted with `mTo Pazking Any Time." Said
COA 13 information shall be specifically shown on plans submitted for building PW -Traffic
permits.
-5- PC2007-140
COA
Conditions of Approval Responsible
for°
Monitoring
That in order to enforce the. City of Anaheim regulation prohibiting on-street
pazking along Tustin Avenue, the property owners shall paint the curb red
COA 14 for the entire length of this property and shall maintain this painted area on
PW -Traffic
Tustin Avenue. The painting shall be subject to the approval of the City
Traffic Engineer. This requirement shall be specifically shown on plans
submitted for building permits.:
That a note shall be added to the construction plans submitted for building
permits that the applicant shall comply with. the following prior to final
building and zoning inspections:
• Demonstrate that' all structural BMPs described in the Project WQMP
have been constructed and installed in conformance with approved plans
COA 15 and specifications. PW -Dev Svcs
• Demonstrate that the applicant is prepazed to implement all non-
structural BMPs described in the Project WQMP
• Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite.
• Submit for review and approval by the City an Operation and
Maintenance Plan for all structural BMPs.
~_
That the applicant shall submit to the Public Works Department Development
Services Division for review and approval a Water Quality Management Plan
that:
• Addresses Site Design Best Management Practices (BMPs) such as
minimizing impervious areas, maximizing permeability, m;n;m;~ing
directly connected impervious azeas, creating reduced or "zero
dischazge" areas, and conserving natural azeas.
® Incorporates the applicable Routine Source" Control BMPs as defined in PW -Dev Svcs
COA 16 the Drainage Area Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
• Identifies the entity that will be responsible for long-term operation and
maintenance of the Treatment Control BMPs, and
• Describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
-6- PC2007-140
Yiesponsible
C®A Condatiomms of Approval for
Monitoring
COA 17 That the applicant shall obtain a demolition pemut for demolition of existing pW _Dev Svcs
structures:..
~y{.
,/4:
J .v a _ _ .. - r
~ )
That the hours of operation for the auto auction facility shall be as follows:
COA 18 ' Monday through Thursday: 9 a.m. to 5 p.m. PW -Dev Svcs
Friday: 9 a.m. to 4 p.m.
Saturday and Sunday: Closed
That the hours of operation for the loading azea and vehicle staging shall be
as follows:.
COA 19 Monday through Friday: 7 a.m. to 7 p.m. PW -Traffic
Saturday and Sunday: Closed
That timing for compliance with conditions of approval maybe amended by
the Planning Drrector upon a showing of good cause provided (i) equivalent
COA 20 timing is established that satisfies the original intent and purpose of the
PW -Traffic
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.
That ongoing during project operation, under no circumstances shall caz
COA 21 carriers be unloaded or loaded on any public right-of--way nor shall any PW -Traffic
vehicles be pazked or staged on said streets.
That ongoing during project operation, .all vehicles intended for .auction, or
COA 22 already auctioned, shall be stored inside the fenced azea only and shall not be Planning
pazked in the pazking azea intended for dealer and customer parking.
COA 23 That on-going during project operation, the transporters will enter the site at
PW -Traffic
the south driveway and exit the site at the north. driveway.
COA 24 'That on-going during project operation, sanitarysewer and storm drains for this PW _Dev Svcs
development shall be privately maintained.
-7- PC2007-140
COA 25 That on-going during project operation, the property shall be permanently
maintained in an orderly fashion through the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
planning
That approval of this application constitutes approval of the proposed request
only to the extent that it complies with the Anaheim Municipal Zoning Code.. Community
COA 26 and any other applicable City, State and Federal regulations. Approval does Services
not include any action or findings as to compliance or approval of the request
regazding any other applicable ordinance, regulation or requirement.. ,
That extensions for further time to complete conditions of approval maybe planning
COA 27 granted in accordance with Section 18.60.170 of the Anaheim Municipal
Code.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby find and detemune 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 declazed 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
chazges 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 chazges 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 November 14, 2007. Said resolution is subject to the appeal provisions set forth in
Chapter 18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to
appeal procedures and may be replaced by a City Council Resolution in the event of an appeal.
CHAII2MAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-8- PC2007-140
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 November 14, 2007, by the following vote of the members
thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, KARAKI,
ROMERO,VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: FAESSEL
IN WITNESS WHEREOF, I have hereunto set my hand this day of
.2007.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_9_ PC2007-140
_I
z
SP 92-2
COMFORT INN
:MAINGATE
Q
._
= DU I CH-
RM-4
a
0
z
SP 92-2
VACANT RESTAURANT
SP 92-2
RENT FOR LESS
SP 92-2
DENTIST
YUCCA AVE
C
E
D HARBOR CLIFF o ti
L11 HA
I
N
A INN APARTMENTS ~
J 8 SUITES
130 UNITS o
SP 92-2
' ' ~
~
O . INSURANCE CO ~
m G-C
FLORIST 4 DU RS-2 RS-2
m 4®° lha Anah'elm'Resoit^"9oundary~ ~ WILKEN WAY
SP 92.2
QUALITY INN
_
N MAINGATE SP 92-2 I
N AUTOMOTIVE I
REPAIR
SP 92-2
° W
® JACK IN THE BOX
RESTAURANT
e
r ~ ~ ~.
~ 9P92-2 .. s~ ~
..
8 a~ rrMZOO7-i7zi9 , ,
~,<
TPM 2007.783
~ ~,' ~ ~~ r ~ GPA 2007-00462 s
~ RCL 2007-00210
:f-. „i~P 92-2 RCL 59-60-26
tN
~ m CUP 2007-05242 ~. VA ANT
VAR 388) ~ ~' s
DAG 2007-00004
u FSP 2007-00010
SP
0
8
~`~'
SP 92-2
'
~ STANDARD
, PARKING
e ~
a
'
te
~
a
a m
m
l u MIRA CT
1~
9 m
9~ 3
m
!~
m
6~
~
RM-2
I ~m S CONDOMINIUMS
'. l~ ~ ~_-
95 DU
SMALL SHOPS
I ' ~° I
1
I.a.....__,__. .__. .... _...__.._. ____....
o so....ioa. _ ......... .
~e~
Tentative Tract Map No. 17219
Tentative Parcel Map No. 2007-163
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
j I~ I
I I
~ L ~_; ~z ~
1
RM-3
CONDOMINIUMS
106 DU
1~
II
,~ I
J
O
O
o;
m
O
J
CUTTY WAY ~~
''~ Subject Property
Date: February 4, 2008
10430
Tentative Tract Map No. 17219
Tentative Parcel Map No. 2007-163
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
Subject Property
Date: February 4, 2008
a
'10430
Aerlel Photo:
Fes: JuN 2000
~~~~ ~®.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92605
Tel: (714) 76&5139
Fax: (714) 765-5260
www.anahelm.net
~~AN~NG ~®SS~®N ~G~N~~ ~~®~~
City of Anaheim
PLANNING DEPARTMENT'
DATE: FEBRUARI' 4, Zoos
FROM: PLANNING SERVICES MANAGER
SUB.IECT: MITIGATED NEGATIVE DECLARATION AND
MITIGATION MONITORING PLAN NO. 154
GENERAL PLAN AMENDMENT N0.2007-00462
RECLASSIFICATION N0.2007-00210
SPECIFIC PLAN AMENDMENT N0.2007-00049
CONDTTIONAL USE PERMIT NO.2006-05242 WITH
WAIVER OF A CODE REQUIREMENT
DEVELOPMENT AGREEMENT NO. N0.2007-00004
FINAL SITE PLAN N0.2007-00010
TENTATIVE PARCEL MAP N0.2007-16
TENTATIVE TRACT MAP N0.17219
LOCATION: 2232 South Hazbor Boulevazd
APPLICANT/PROPERTYQWNER: 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 squaze feet of accessory commercial uses on the western
1.5-acre portion of the project site adjacent to Harbor Boulevazd, 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.
RECOMMENDATION: Staff recommends that the Commission continue this
request to the February 2Q 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. 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.
spe full submitt
J (/~
Principal Planner
Attachment:
1. Continuance request
Manager
e __ r ._®_e ..
O1/Zf3/2008 04:14 FAS
Tool
~ e GROUP Pu61ic Affairs • lnod Use • law
January 29, 2006
Anaheim Planning Commission
C/o Anaheim Planning Department
200 South Anaheim Boulevard, 1s4 Floor
Anaheim, CA 92805
Subj®ct: General flan Amendment No. 2007-00462 and Related Entitlements (2230 South
Harbor Boulevard]
Dear Commissioners:
Sheldon Group represents the applicant regarding the above-referenced project end requests to
continue our application to the February 20 Planning Commission meeting. We continue to
work through internal project issues and hope to present a high quality project to you at a future
date. Should you have any questions regarding this matter, please feel $'ee to call meat (949)
777-8400. You may also a-mall me at greg@sheldongrp.com.
'l
i
-_- _ - N - - -_ _ - --
RS-2
1 DU EACH ( ~ ,,, ¢ ~ 1 ROME AVENUE
TERANIMAR DR ~°
G-G 1
1 DU EACH I 1 @ RAINBOW INN p I ® RS-2
RS-2 ¢ a 1 1 DU EACH
C-G
' m
RS-2 a° ANAHEIM LODGE ' RM~
1 DU EACH 1 ~ ~ ~ COBBLESTONE
_ APARTMENTS
~ ~~ 34 DU
LYNROSE DR ~~ SAHARAMOTEL
K ~ ~ ~ 1 RM-4
O E E APTS.
E RESTAURANT E 1 LYNROSE DR
.
~ i
~ E
RM-0
RS-2 C-G
3 RESTAURANT
' COBBLESTONE
1 0U EACH ~ ApARTMEMS
1 30 OU
GLE N HOLLY DR ' c-c
' ROBIN HOOD MOTEL
C-G
' J
" F '-~':~ ROYAL PACIFIC INN
, d RS-2 m CG ~
1 DU EACH RCL 56.67-59
~ ~ CUP 2007-05290
N
m C~
Q VAR 3028 S TRAVEL INN MOTEL
VAR 1299
Q ~ ECONOMYINN
Q
~ =
' RS-2 C-G
~ C-G C-G
1 DU EACH C
6MALL SHOPS SMALL BHOPS SERVICE LYNDY'S MOTEL
' c STATION
0
1N
BALL ROAD. .C
e
~ C-G
; ~ DRIVE-THRU
GG C-G Q REST,
~. Rµ2 DENTIST D
R
~ RAN
CONDOS R
E
S
T W
,
~z Du J
'. C-G O C-G
. m
2DU SMALL SHOPS SMALL SHOPS
2
¢ W
~' m C-G (MHP)
AUTO SALVAGE YARD MOBILEHOME PARK
o so mG _______________...____,__. _____
Subject Property
Date: February 4, 2008
Conditional Use Permit No. 2007-05290
921-923 South Beach Boulevard
6
W.OMNG EAVE
W
? 6
~ p
m O 6
Q ~~u Z $
i
S
2
N
t• ~ ER S
RITOSAVE a
u
~W. ALL.R.O~,.~
•. LERRfiOG AVE'
10458
o sa non
F~~
Subject Properly
Date: February 4, 2008
Conditional Use Permit No. 2007-05290
921-923 South Beach Boulevard
W~~W~ORFNO(EAVE ¢~
~
~ Ig
m s
~ y
~~LL WnM1LL 0.n ~
S
,
Y o
V ~ ®<
~~~f ~~••N ~~ m ~~ F
~ e•,eu
b
•~\
CEft
t RIT09AV'c .LERRROSAV'c f q
10458
--,
a
ITEM NO. 4
PLANNING COMMISSION AGENDA REPORT
.City of Anaheim
PLANNING DEPARTMENT
DATE: FEBRUARY 4, 2008 ,
FROM: PLANNING SERVICES MANAGER
SUBJECT: CONDITIONAL USE PERMIT N0.2007-05290 WITH WAIVER
OF CODE REQUIREMENT
LOCATION: 921 South Beach Boulevard
APPLICANT/PROPERTYQWNER: The. applicant is Gazy Frazier with Acacia
Housing Advisors and the property pwner is Sanmukhbai Bhakta.
REQUEST: The applicant requests to convert an existing motel into a residential care
facility. The applicant also proposes to provide 21 pazking spaces where 40 spaces are
required.
RECOMMENDATION:' Staff recommends that the Commission take the following
actions: ',
(a) By motion, determine thafa Categorical Exemption, Class T; serve as the
appropriate environmental documentation:.
(b) By'resolution;'apprnve Conditional Use Permit No. 2007-05290 with fewer
parking'spaces thane required by code.
BACKGROUND: This property is developed with a 2-story, 53 room hotel and is
located in the General Commercial (C-G) zone. _The property is also located within the
Merged Redevelopment Project azea. The Anaheim General Plan designates this
..property and the adjacent property to the north for Corridor Residential land uses. The
property to the south is designated for General Commercial land uses; the properties to
the east across Beach Boulevazd are designated for Neighborhood Commercial land
uses;. and the properties to the west aze designated for Low Density Residential land.
uses.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
'.. Fax: (714) 765-5260
www:anaheim.nel
l
CONDITIONAL USE PEMIT N0. 2007-05290
February 4, 2008
Page 2 of 3
PROPOSAL: The applicant requests approval of a conditional use permit to convert a 53 room
motel into a 49 unit residential Gaze facility for developmentally disabled persons. The site plan
indicates a reconfiguration of the parking lot to accommodate 21 parking spaces (43 spaces are"
existing) and a new landscaped courtyard for the residents[; The ,1,459 square foot building
.adjacent to Beach Boulevard will be remodeled by converting five motel rooms to
meeting/recreational space. An existing swimming pool in the front yazd will be removed and
replaced with landscaping. Trellis structures and landscaped'planters'will be constructed around
the perimeter of the parking lot in front of he residentialunits: The existing motel units will be
refurbished and remodeled into small studio apartment units. No expansion to the buildings aze
proposed. Please refer to the summary chart attached to the staff report for projecYdetails:
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 a residential'caze facility in
the C-G zone. The applicant indicates'in the letter of operation that the units will be rented to
persons with developmental disabilities in accordance with State and Federal fair housing laws.
The project is compatible with the surrounding residential uses. The project complies with all
requirements of the GG zone with the exception of minimum number of parking spaces..
Parking: The applicant requests fewer pazking spaces than required by code. Code requires 40
spaces and 21 spaces aze proposed. To justify the pazking deficiency, the applicant submitted a
letter of operation stating that tenancy will be restricted to persons with developmental
disabilities: According to the applicant, no parking spaces will be needed for the residents since
they aze very low income, disabled, and do not have the resources to afford the cost of owning,
insuring, and maintaining a vehicle. In addition, a small bus will provide daily transportation for
the residents to their jobs and other activities: The parking lot will be used by the on-site
manager, one part time maintenance worker,:and occasional visitation by case workers from a
non-profit agency and other visitors.
The' applicant also submitted a letter from the California Department of Developmental Services
which states that less than 5 percent of this population has a license to drive amotor vehicle.
Section 4512 ofthe State Welfare andTnstitutions Code defines "Developmental Disability" as
follows:
(a) "Developmental disability"means a disability that originates before an individual attains age
18 years, continues, or can be expected to continue, indefinitely, and constitutes a'substantial
disability for that individual. As defined by the Director of Developmental Services, in
. consultation with the Superintendent ofPublic Instruction, this term shall include mental
retardation, cerebral palsy, epilepsy; and autism. This term shall also include disabling
conditions found to be closely related to mental retardation or to require treatment similar to
that required for individuals with mental retardation, but shall not include other handicapping
conditions that are solely physical in nature.
a
CONDITIONAL USE PEMIT N0.2007-05290
February 4, 2008
Page 3 of 3
C®1VCLITSI®IV: Staff recommends approval of this residential caze facility to accommodate
persons with developmental disabilities because the project would be compatible with existing
and surrounding land uses. The project would provide a diverse housing opportunity for
Anaheim's equally diverse population and promote new residential development along an ,
underutilized mid block commercial corridor in accordance with the Land Use Element of the
General Plan. Moreover, the proposed project would result in aesthetic enhancements along a
prominent arterial corridor in accordance with the Community Design Element of the General
Plan. These enhancements include site improvements such as new landscaped planters in the
front setback, a new common open space azea, new trellis patio covers, refurbished building
facades, and a new commurrity/meeting room.
R ectfull submitted, Co ~urre by,
. -~'
Principal Tanner 1 g Servi s Manager
Attachments•
1. Project Summary
2. Draft Resolution
3. Letters of Requesk
4. CDDS Letter
The following attachment was provided to the Planning Commission and is available for public
review at the Planning Services Division at City Hall.
5. Plans
A'g"II'EiC~I~l~IT ICI®. 1
Pit®JEC'i' S Y
Conditional iJse Permit No. 2007-05290
IDevelnoment Standards
`
`~
`
' N
=
"° '
rt
i,Development 5fan8a~
~1 ~
~
„ i •` a
jrroged
~hret~euY r
~ ^~
~ C G
~nne~faadards
.
~~
Y
y
~~~ ~ k
"
S
~~'
~
v ~~
) f
~""
Y,~J .. N,a ~
'ar~
~~..'?
,
. f
. j
j
.
~`yr wi.:a
.,
~ ~ w
... .1~6 t~ w~ ~
Parkin (see azkin table below 21 s aces r osed 40 s aces re aired
Front: 15 to 34 ft. Front: 15 ft.
Building and landscape setbacks Side: 5 ft. Side: 0 ft.
Reaz: 8 ft. Reaz: 10 ft.*
Buildin Hei ht 20 R. 20 ft.
* Existing building setbacks aze legally nonconforming. No expansion to the buildings aze proposed; therefore a
waiver of Code requirement is not being requested.
ParkiaQ
'F `3'~ F,./~J'~r ~, .v~-y ~'#
~~~
k~~~#~ '~ifi .6~A u~'hx~~ F
~~"' ~ ~ ~ ^`Y `~' ~[: r~+~~SFh'~S~
aY ~ ° ~ ~ .~~~Y'a"[4'G-A~~F'a~~=~``~ ~ "~ ~t
n
~~at~k~>~1Le
r a
~
~'~ ~
'~`~
~ y
,.. x g
~'
~
~3"s`-':~J, y ~~~a. ~'T ! ~ y F` f _ ~.~J'
.4r,~, ~
~d7t~y5.~.,rvX'•^'~. "aT
i:f-S~ ..'fn§
Manager's unit ~
1 bedroom 1 per unit
2 2
Studio units 48 0.8 er bed 38
Total 40*
* A total of 21 spaces are proposed; therefore a parking waiver is being requested.
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05290
BE GRANTED (921-923 SOUTH BEACH BOULEVARD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition.:...
For Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 1: THE NORTH 162.00 FEET OF THE SOUTH 362.00 FEET OF
THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER ,
OF THE SOUTHEAST QUARTER OF SECTION 14; TOWNSHIP 4 SOUTH,
RANGE 11 WEST, IN THE. RANCHO LOS COYOTES, CITY OF
ANAHEIM, COUNTY OF ORANGE, .STATE OF CALIFORNIA, AS PER
MAP RECORDED IN BOOK 51 PAGE 11, OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, EXCEPT THE EAST 40.00 FEET
THEREOF.
PARCEL 2: THE EAST. 8.00 FEET OF THE NORTH 162.00 FEET OF THE
SOUTH 362.00 FEET OF THE WEST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION
14, TOWNSHII'_ 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS
COYOTES, CITY OF ANAHEIM, COUNTY OF ORANGE, STATE O$
CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11,
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY.
WHEREAS, Conditional Use Permit No. 2007-05290 is proposed to permit
the conversion of an existing motel to a residential care facility for disabled adults 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 February 4, 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. That the proposed the conversion of an existing motel to a residential care facility
is properly one for which a conditional use permit is authorized by Anaheim Municipal Code
Section 18.08.030.010 (Group Care Facilities). The proposed project also includes waiver of the
following:
- 1 - PC2008-***
SECTION NO. 18.42.040.010 Minimum number of parkine spaces
(40 required; 21 proposed)
2. That the parking waiver is hereby approved based on information received by the
applicant. The applicant submitted a letter ofoperation stating that tenancy will be restricted to
persons with developmental disabilities (as defined in Section 4512 of the State Welfaze and
Institutions Code); no parking spaces will be needed for the residents since they aze very low
income, disabled, and do not have the resources to afford the cost of owning, insuring, and
maintaining a vehicle. In addition, a small bus will provide daily transportation for the residents
to their jobs and other activities. The pazking lot will only be used by the on-site manager, one
part time maintenance worker, and occasional visitation by case workers from anon-profit
agency. Lastly; the California Department of Developmental Services (CDDS) indicates that
less than 5 percent of this population have a license to drive a motor vehicle. Therefore, based
on the information contained in the applicant's letter of operation and the CDDS letter, 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 ofoperation 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 professionally managed by an on-site manager; 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 requiremenfto prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission doe5hereby 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 - PC2008-***
Responsible for
COA Conditions of Approval IVlonitoring
That the owner of subject property shall submit a letter to the Planning Services Planning
COA 1 Department requesting termination of Variance No. 1200.
That no required pazking azeas shall be fenced or otherwise enclosed for outdoor Code
COA 2 storage uses. Enforcement
COA 3 That no public telephones on the property shall be located outside the building. Code
Enforcement
That trash storage azeas shall be permanently provided in a location acceptable to Public Works
COA 4 the Public Works Depaztment, Streets and Sanitation Division..
That final landscaping plans shall be submitted to the Planning Department for
COA 5 review and approval. Any decision made by the Planning Department maybe.. Planning
appealed to the Planning Commission as a Reports and Recommendations item.
That the granting of the parking waiver is contingent upon operation of the use in
conformance with the assumptions and/or conclusions relating to the operation
and intensity of use as contained in the pazking demand study that formed the
basis for approval of said waiver. Exceeding, violating, intensifying or otherwise
deviating from any of said assumptions and/or conclusions, as contained in the Planning
COA 6 pazking demand study, shall be deemed a violation of the expressed conditions
imposed upon said waiver which shall subject this entitlement to termination or
modification pursuant to the provisions of Section 18.60.21 of the Anaheim
Municipal Code.
That the property shall be permanently maintained in an orderly fashion through Code
COA 7 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 8 .and specifications submitted to the City of Anaheim by project applicant and Planning
which plans aze on file with the Planning Department mazked Exhibit Nos. 1, 2,
3, and 4 of Condifional Use Permit No. 2007-05290, and as condifioned herein.
- 3 - PC2008-***
COA
Conditions of Approval Responsible for
Monitoring
That approval of this application constitutes approval of the proposed request
COA 9 . 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
regazding any other applicable ordinance, regulation or requirement.
COA 10 That extensions for further time to complete conditions of approval maybe planning
granted in accordance with Section 18.60.170 of the Anaheim Municipal Code.
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 applicantis 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 chazges 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 February 4, 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.
CHAIRMAN; ANAHEIM PLANNING COMMISSION
ATTEST:.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2008-***
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 February 4, 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
- 5 - PC2008-***
November 2l, 2g08
Ms. Elise Sfipkovich, Executive Director.
Community Development Department
City of Anaheim
201 S. Anaheim Btvd., Suite 1003
Anaheim, CA 92805
Orioinafion of the Protect
In March, a broker at Gnthb 19i Frl~s asked rr~ if 1 could assist a nonprofit agency
called Integrity House to implement its vision of using this pn~perty as permanent housing
for develo diseb~ adults. Members of Grubb & EII'is's al staff serve
on the board of directors of the nonprofit.: After inspecting the prr~perty with some of its
member/dients, Integrity House has determined that the property is aftrective as
permanent housing for'its membeddients. (Note that IM~MY .House is not. housing; it is
a clubhouse-type day-program. ft also provi~s State-funded Independent Living
Senriees, i.e_, case managerteeM, to its m~nber/diems.)
Tenure: Permanent Housinc
Tha project will operate as permanent housing. We will sign one-year leases
with all new residents using an industry standard form. The leases will extend infinitely,
subject to a .typica130-day notice of tertninatlon by landlord ar tenant.
City Council suooort
i3ob~: ®z: participates with Randy Gibeaut of Community
Housing Resources, inc. in "DASH°, a monthly housing roundtable that is'sponsored by
the Dayle McIntosh Center. On October 10, we met with Council Member Hernandez to
inform him about the project it is our understanding that the project is consisterrt with:
his policy.. interests. We asked that he delay any action until we informed Mayor Pro
Tern Richard Chavez about the project.
6445 Joshua Tree Avenue • Orange, California 92867-2460 • Tel: (714) 282-8368 ~ Pax: (714) 282-8688
PAs. Eise Stipkovich, Executive Director
November 21, 200&
Page 2 of 3
~~
$ubs'idv l.aysrina Reviser by HUD
This required review should proceed expeditiously since there will be no other
federal subsidy invohred in the project.
Entitlement
In our November 21 meeting with Mayor Pro Tem Chavez, Greg NlcCeff_ert~
confirmed that tt~ as (~rmanent `undue tli~ ~ ' . ' 1~tt.
tbs. Elsa Stipkovich, Executive Director
Plovember 21, 2006
Page 3 of 3
-. 9r- ~ ssrn "or,r`......
:: ~ c~fax a ~ If we desire tD remove parking to provide additional outdoor
common areas, v~'may apply for a Conditional Use Permit (CUP) requiring that the
project house parsons wish special news. Gnu will prove a time line for processing
a CUP. If the process extends beyond the tlrne constraints of our escrow, we will defer
pursuing the CUP until after the project ~ " nal.
Financing Plan
On October 18, we had a very positive meeting with Clearinghouse CDFI to
present the 9&-ancirrg book ark d' the pr+~ect with the bank's Dir~tor of Lending.
Both Acaaa Housing and Integrity House have prior borrowing relati~rships with the
lender.
Sfte Control
After tour rounds of drafting, the Purchase and Sale Agreement is ready for
signature arxi opener of esd»ur. That wig occur next week.
Sincerely,
°~ ~,
Gary L. Fran
Principal
cc: Honorable Richard Chaves, Mayor Pro Tem
Honorable Robert Hernarxiez, Council Member
Bertha Chavoya, Anaheim Housing Authority
--Greg McCafferty, Planning and Zoning Division
Lynn Smith, Community Services Department
Cathy Demello, Integrity House
Randy Gibeaut, Community Hpusing Resources, Inc.
Economy Inn
921 S. Beach Blvd.
Anaheim, CA 92804
APN #079-893-30
Plan of Operation
The property owners' agent is Anaheim Supportive Housing for Senior Adults, Inc.
(ASHSA) is an Anaheim-based 501(c)(3) nonprofit, public benefit corporation. The parties have
entered escrow for the purpose of transfetting ownership to an eirtity wherein ASHSA will be the
managing general partner.. ,
The new ownership will remove the swimming pool, add freestanding trellises over
certain sidewalk areas, renovate the bathroom in 3 units to improve accessibility, remove 5 units
from a freestanding building containing 1,459 gross square feet, restoring that space (which was
originally constructed as a public restaurant) to a meeting room that will be used exclusively by
tenants of the motel, and add a kitchenette to each of the remaining 48 units: From our recent
meetings with the staff of the Planning Division, including a November 30, 2007 meeting with
Mr. C. J. Amstrup, we are informed that these physical changes do not require any discretionazy
approval. We will work with the Building Bivision to ensure that our plans and constmction
comply with the Building Code.. -
ASHSA intends to market the units for extended stay and require tenants to sign a
Qualifying Rental Agreement in accordance with Chapter 2.12.005.070 of the Anaheim
Municipal Code. ASH5A intends to use a standazd form of Agreement to Rent or Lease that is
published by the Apartment Association of Orange County. This form of rental agreement was
selected by the Office of the City Attorney for use by the Anaheim Redevelopmem Agency in its
operation of the Lincoln Inn motel from April 2006 to present: The units will become the "legal
residence" and the "principal dwelling place" of the tenant, as defined in Chapter 2.12.005.070.
ASHSA intends to rent the units exclusively to persons with disabilities who live
independently in the community. Fair housing laws permit discrimination in favor of
populations who aze chronically underserved, such as persons with disabilities. On Apri124,
2007, the City Councit approved Anaheim's Annual Action Plan for 2007-2008. It cites a need '
for 17,713 units of affordable housing for persons with disabilities. Further, ASHSA intends to
rent exclusively to persons who aze referred from the Affordable HousinglSection 8 Waiting List.
that is operated by the Anaheim Housing Authority. In accordance with fair housing laws, no
tenant will be required to accept any services as a condition of tenancy. Tenants who do not:
comply with the terms of the Rental Agreement will be informed of their noncompliance.
according to landlord/tenant law. If the tenant does not comply with legal notice, ASHSA will
pursue eviction through due process.
On January 1, 2008, SB2 will become California law. The law distinguishes Supportive
Housing from operations such as group homes, recovery homes, and health care facilities; and
the law provides for the development of Supportive Housing by right throughout California in
locations that are designated for residential use. Supportive housing is defined as follows:
Economy Inn Page I of 3
53260. For the purposes of this chapter, the following definitions
apply:
(c) "Supportive housing" means housing with no limit on length of
stay, that is occupied by the tazget population, and that is linked -
to onsite or offsite services that assist the tenant to retain the
housing, improve his or her health status, maximize their ability to
live and, when possible, to work in the community. This housing may
include apartments, single-room occupancy residences, or
single-family homes.
(d) "Target population" means adults with low incomes having one
or more disabilities, including mental illness, HN or AIDS,
substance abuse, or other chronic health conditions, or individuals
eligible for services provided under the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section'
4500) of the Welfare and Institutions Code) and may, among other
populations, include families with children, elderly persons, young
adults aging out of the fostercare system, individuals exiting from
institutional settings, veterans, or homeless people.
The property is designated Residential in the Land Use Element ofthe City's General Plan.
ASHSA has signed a memorandum of understanding with Alliance of Abilities (a Santa Ana-
based nonprofit social services agency) to provide a professional service coordinator to assist
tenants of the property as specified in the law.
It is our opinion that ASHSA's plan to acquire and operate the referenced property as
described above is permitted by right under local and State laws. We aze willing to wnsider any
alternative approach that is proposed. by the City of Anaheim.
In addition to the matters described above, ASHSA requests a Conditional Use Permit to
reduce the required parking on the property from 0.8 spaces per unit to 0.4 spaces per unit. As a
condition of this approval, ASHSA proposes to restrict tenancy on the property to persons who
have a developmental disability. Enclosed with this application is a letter from the California'
Department of Developmental Services (DDS) stating that less than 5% of this population has a
license to drive a motor vehicle. This popuhtion is defined in California law as individuals who
are eligible for services provided under the Lanterman Developmental Disabilities Services Act
(Division 4.5, commencing with Section 4500, ofthe Welfare and Institutions Code)' The
California Department of Housing and Community Development has committed a $2,950,000
loan to ASHSA for the purpose of providing 48 units of independent apartments at the property
for this population for a period of 55 years. An agent of DD5 will certify the qualifying
disability of applicants, and Alliance of Abilities will assist ASHSA with screening applications
to ensure that an applicarrt is capable of living independently before ASHSA signs an Agreement
to Rent or Lease with that applicant.
Finally, please note that we aze not requesting any change to the property's Commercial
zoning, and we request that the Commission's decision regarding our application does not
Economy Inn Page 2 of 3
include any such change. That is an important consideration, both to the current property owner
and to Cleazinghouse CDFI, the Lake Forest-based community development bank that has
committed an interim loan of $4,436,130 for the project.
End of Plan of Operations
Economy Inn Page 3 of 3
Integrity Housing (Economy Inn)
92] S. Beach Blvd. (north of Ball Rd.)
Anaheim, CA 92804
Project Summary
1961 (ori iF Hall 1969 Present Prooosed
Site area 1.11 acres same same
Units 49 54 original
Density (units/acre) 44 49 original
General Plan Commercial same *
Zoning Commercial same same
Parking spaces 48 53 20
Site coverage 16,545 sf (34%) same same
Buildings .
L-shape 30 units same same
9,836 sf same same
I -shape 19 units same same
5,250 sf same same
Rectangle Restaurant ~ 5 units Meeting room
I,459 sf same same
* In 2004, the City Council changed the General Plan Land Use to Corridor Residential.
Timeline
November 21.2006 Meeting with Mr. Chavez, Planning, and Community Development
Planning states that no discretionary approval is requred.
Developer's confirming letter to Community Development
February 27, 2007 Planning Division completes California H&CD form stating that the project
requires no discretionary approval and writes an accompanying letter
February 26, 2007 Assistant City Attorney's fetter confirming Article XXXIV authority
June 1, 2007 Assistant City Attorney's revised letter confirming Article X3COV authority
October 1 L 2007 Email from Planning, saving that a Conditional Use Permit (CUP is required
October 19, 2007 Meeting with Planning, Community Development re: requirement for CUP
November 1, 2007 Telephone call from Assistant City Attorney and Planning confirming the
requirement for a CUP
Developers' out-of-pocket investment
~ 78,000
12nvo7
For purposes ofthis chapter, the following words, terms, phrases, and the derivations aiidvatiaiits thereof, shall have
the meanings given herein;
.010 "Anaheim" or "City" means the City of Anaheim.
.020 "City Auditor" means the Audit Manager of the City.
.025 "Fiscal Year'" means the period commencing July 1 of one calendar year through June 30 of the immediately
subsequent ealeatdar year.
:030 "Homeless person" means any person who lived or resided in Anaheim immediately prior to being provided
shelter in a hotel by a Qualifying Nonprofit Service Organization.
.040 "Hotel" means any structure or portion thereof; which is occupied by persons for lodging or sleeping purpose
for periods of Icss than thirty consecutive days irrcIuding, without limitation, any hotel, bachelor hotel, motel, lodging
house, rooming house, bed and breakfast inn, apartment house; dormitory, vacation
ownership resort, public or private club, mobilehome or house trar7ar at a faed location, or other similar structure or
portion thereof, and any space, Iot, area or site in any trm7er court; camp, park, or lot which is occupied or intended or
designed for occupancy by a font, trailer, recma6onal vehicle, mobilehome, motorkome, or other similar conveyance,
where such strncinre, space, lot; area or site is occupied by persons for lodging or sleeping purposes for periods ofless
than tbirty consecutive days.
.OSO "Operator" means any person, corporation, amity, or parlnerslrip which is die proprietor of the hotel, whethe
in the capacity of owner, lessee, sublessee, mortgagee in possession, debtor in possession, licensee or any other capacit
Where the operator performs eta functions 4uough a managing agent of a~ type or character other than as an employee
the managing agent shall also be deemed an opeaat~ and shall have tke same duties and liabr7ities as its principal.
Compliance with the provisions of #his chapter by either the principal or managing agem shaII constitute campliaace by
both. For purposes of the native sad appwl provisions of toes chapter only, "operator" sbaIl also include any managing
employee or employee in charge of the hotel
,'
.060 "Qualifying Nonprofit Service Organization" means any nonPmSt service organization which (a) is a memb~
of the Anaheim Human Services Network, (b) directly pays the cost of shotteting homeless persons in a hotel and (c)
does not directly or indirectly fmtber a~+religious purpose by pmvidiag sack shelter.
.070 "Qualifying Rental Agreement" means and is limited to a written contract signed by body the landlord and
tenant, IegeIly enforceakle by eitherparty, for a remal period of not less tkan tlmty consecutive days. "Qualifying Rem:
Agreement" shall expressly exclude: (1) any agreementregerdless ofleagth oftke rental term which is terminated for
any reason by either party or by mutual consent prior to the thirtieth consecutive day ofdre tenancy, or (2} any agreeme
regardless of rite lcegth of the rental teml which is for occupancy of lodging or sleeping space which is not the legal
residence or principal dwelling place of the occupant, or (3} any agreement whisk would be unIawntl ar constitute a
violation of law.
.080 "Rant" means the considerntian charged by an operator for accommodations, including without limitation an
(I) unrafunded advance rental deposits ar {2} separate charges levied for items or services which are part. of suck
accommodations including, but pat limited. to, fmmture, fiKtrses, appliances, linens, towels, non-coin-operated safes, a~
maid service. "Rent" shaII not indude any charge, billing, or account orportion dreteof which the operator finds to be
worthess ar uncollectible and charged off for tax purposes. If any such worthless or uncollectible rent is thereafter
ATTACHMENT N0.4
STATE OFCALIFORNIA-HEALTH AND HUMAN SERVICES AGENCY ARNOLD 9CfRNARZENEGGER Gavemor
DEP6~RTAAENT OF DEVELOPP(tENTAL SERVICES
1800 NINTH STREET, Room 240 M9 2-i5
SACRAMENTO. CA 95814
TDD 654-2054 (Fbr tho Nosdng ~np8ln:d)
(916) 6341999
Confidential Client's Information
See California Welfare and Institutions
Code Sections 4544 and 5328
December 11, 2007
Cathy DeMetlo
Integrity House
2043 td. Broadway
Santa Ana, Cafifomia 92706
Dear Ms. DeMella:
This is an attempt to answer your question regarding number of people with developmental
disab~ities that have driver's licenses. DDS has no data on the number of people with
developmental disahilkies that have driver's licenses, nor would DMV because there is no
nece9sity to declare a disab0ity, Just to pass the required tests.
Considering that in order to have a developmental disability, in part, you must have an IQ
.less that 68, often individuals have multip~ dsabilities, seldom have the resources to own,
Insure or maintain a car (since many individuals whit a developmental disability live on SSI
and the majority goes to housing), most of our consumers have neither the ability or where
with all to own or drive a vehicle. My best guess would be less than 5% of ell our 220,000
consumers have a driver's 1'R:ense-
Co Tally,
S~=~~ L /
CAROL J. RI EY
Chief, Office of Human Rights
and Advocacy Services
"Building Partneeships, Stopporting Choices"
Item No. 5
v
O
m
N
T
ETERY
~ N p,p
O p -~ C u'
N 9n
N
N
~ CEM ~
n
m s
~
= A
RS•2
pU EACH T
S2REE
~ CEpPR
n ~ O~ EPCH
w
G3 =
N
T
CHUaCH mb
=
R5.2 CH
U EP A
w
nA
b ~p O A
C N GG
~ N
~
9
.p
Z fyGL 54.5 ~52B5
2007
GUP
II
IRGH =
SN,P
SHOPS g
5(REET
,_.
~
•
as-2 Gp~~T00.
GIPS'
aMs'
DV
~Nt
&
5
..
;.
~
G
O `
5p
VP RM-4 .- m q
BLD
~€ OFFICE
,~
J
RS2
U EACH i
a
1 p
4pUEPCN ; B .~
~
,.m 12 C-~OPpE
HE~ENIER
~
1 A`
~
v~~ GG i
g
GG ~'v~2~14i
P`
GO`.,` AV
w` ,`~ ` A aMA ? COMMOPe
~n~
5H rm
``\`~ N
Y ~ APTS O~
7g DU •v A MEDIO ES
OFF1G
C ~
.q f
r Q
N 71
7
Z
yG OYA~ GG O ~
cAmt+ VPCPN~ iR
Tp'O ~
w N SMALLS
Fp1CE
G N
a
C-G n oU 4
aM•
~1MEN~ ay m N
pt_N PPaK y2
C
E~ SCHppU U N
aM'4
a
~7s
32DU
a so iEa
ree~
~~'i~ SubjectProperry
Conditional Use Permit No. 2007-05285 Date: Febuary 4, 2008
F EUPAIMppVE
;~
Q b
m m
c ~ E4N -
roLHAV
E
E9RaP~pV ~
~E
SOIITI ST
1425 East Lincoln Avenue toasa
Subject Property
Conditional Use Permit No. 2007-05285 Date: Febuary 4, 2008
1425 East Lincoln Avenue
'10453
o su sou
AeMel Photo:
w~: ~ .h:iv 7005
ITEM NO. S
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: FEBRUARY 4, 2008
FROM: PLANNING SERVICESMANAGER
SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05285
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 7655139
Fax: (714) 765-5260
www.anaheim.net
LOCATION: 1425 East Lincoln Avenue, Unit G
APPLICANT/PROPERTY OWNER: The applicant is Gustavo Chavez and the
property owner is Paul Kott.
REQUEST: i The applicant proposes to establish a 920-square foot convenience market
within amulti-tenant. commercial building:
RECOMMENDATION: Staff recommends that the Convnission take the following
actions:
(a} By motion, approve a Categorical Exemption, Class. ] .
(b) By resolution, approve Conditional Use Permit No. 2007-05285.
BACKGROUND: The 0.7-acre property is developed with a two story commercial
building with tenant spaces ranging from 280 square feet to 1,800 squaze feet. The.
property is located within the General Commercial (CG) zone. The General Plan
designates this property for General Commercial land uses; the properties to the east and
west aze designated for Low Medium Density Residential land uses and the properties to
the northeast and northwest are designated for Low Density Residential land uses:
PROPOSAL: The applicant proposes to establish a convenience mazket within a 920
square foot space located at the southeast comer of the building. The store would
provide fresh produce, packaged food and non-alcoholic beverages. The proposed daily
hours of operation aze from 7:00 am to 9:00 pm. Access to the site is provided from
Lincoln Avenue.
ANALYSIS: The proposed use is conditionally permitted within the Commercial
General zone and requires parking in accordance with the retail pazking ratio. The
existing parking azea for the center provides 32 spaces where 62 spaces are required by
code. However, since the proposed tenant space was previously occupied by a retail use
(an optician store), no additional pazking spaces aze required for this use. Please refer to
the pazking summary attached to the staff report for the pazking details.
CONDITIONAL USE PERMIT NO. 2007-05285
February 4; 2008
Page 2 oF2
COlYCLUSYOPl: Staff recommends approval of this project because. the proposed use is
compatible with the commercial uses in the area and provides a convenient shopping opportunity to
the neighboring residents.
ctfully submitted, Con ed by,
~.o •~.
Principal Planner Pl 'ng Se 'ces Manager:
Attachments.
1. Parking Summary
2. Draft Resolution
The following attachment was provided to the Planning Commission and is available for
public review at the Planning Services Division at City Hall.
3. Site Plan
4. -Floor Plan
ATTACHMENT NO. 1
PARKING SUMMARY
Conditional Use Permit No. 2007-05285
Suite No. Area Land Use Parking Ratio Required
Parking
S aces
A, N 1200 Alicia Travel/Insurance 5.5/1000 6.6
B 1200 RX Plus 5.5!1000 6.6
C 596 Hearing Aids 4/1000 2.38
D 600 Law Office 4/1000 2.4
E, F 1200 Video Store 5.5/1000 ' 6.6
G 920 Pro osed Mini Mazket 5.5/1000 ' S
H, O and P 2200
mezzanine
(storage) RX Plus 5.5/1000 12.1
I 1340 AA 4/1000 5.3
J 1400 Haircut 5.5/1000 7.7
K, L, M 1922 OC Fire 4/1000 7.6
Total 12,578 62
[DRAFT] ATTAC)EIMENT N®. 2
RESOLUTION NO. PC2008 ***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05285
BE GRANTED
(1425 E. LINCOLN BOULEVARD, UNIT G)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
LOT 3 AND 4 OF TRACT NO.2481, IN THE CITY OF ANAHEIM, AS SHOWN ON
A MAP RECORDED IN BOOK 72, PAGE 29 OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY COMMONLY KNOWN
AS 1421-425 EAST LINCOLN AVENUE, ANAHEIM, CA 92805.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 20, 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 heaz 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 convenience mazket is properly one for which a conditional use
permit is authorized by Anaheim Municipal Code Section 18.08.030.010, and
2. 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 tenant space was
previously occupied by a retail use, operation would be contained within the building, and the
proposed mazket is compatible with the adjoining commercial uses and the neighboring
residential properties; and
3. That the traffic generated by the use would noYimpose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area because adequate
parking is provided on-site; and
4. That granting this conditional use permit, under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim; and
5. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
- 1 - PC200$--***
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: Planning staff
has determined that the proposed project falls within the definition of Categorical Exemptions,
Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which are hereby Found to be a necessary prerequisite to the proposed use of the
subject property in order to preserve the health and safety of the Citizens of the City of Anaheim:
COA/ fldesponsible
for
MMP Conditions off Approval I1'Honitoring
COA 1 That subject property shall be developed substantially in accordance Planning
with plans and specifications submitted to the City of Anaheim by the
applicant and which plans aze on file with the Planning Department
marked Exhibit No. 1 and as.conditioned herein.
COA 2 All loading and unloading shall occur within the on-site pazking azea to planning
the rear of the building. No deliveries, loading and unloading shall be
permitted on Lincoln Avenue.
COA 3 All merchandize shall be stored and displayed within the tenant space. planning
Outdoor storage or display of products is prohibited, except as permitted
by a Special Event Perrot.
COA 4 Window signs such as permanent and temporary signs shall not obscure planning
more than ten percent (10%) of the total,transpazent azea of any window
surface. No signs shall be allowed on the outside of any windows of the
building. •..
COA 5 prior to commencement of use, 4-foot high street address numbers shall police
be displayed flat on the roof of the building in a color that contrasts with
the roof material. The numbers shall not be visible from the streets or
adjacent properties.
COA 6 Sale of alcoholic beverages is strictly prohibited. planning
COA 7 prior to commencement of use, plans for installation of an on-site trash planning
enclosure in accordance with the standard requirements shall be submitted
with the building permit for plan check and the trash enclosure shall be
installed.
- 2 - PC2008 ***
Responsible
COA/ for
MMP Conditions of Approval Monitoring
COA S 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 regazding 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 declazed 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
chazges 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 February 4, 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 3 - PC2008-***
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 Februazy 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto seYmy hand this day of
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2008-***
Item No. 6
e
P`~Gp
c
~,o
sal
g1~ v~~c°s~*s
~ lsR /
° "gyp
~
V~ P
E '
`
E
FR ~~~
I
`O~ N`
~y
I
~~~5 V
I
'
\
R R3-315C) I
1 OU EACH TDU EACH-{
I
p
O
6G(SC) X",a. 1 GU EACH m
FAIRFIELD INN -`~ ~ ~t ~ o ~--
ANAHEIM HILLS rn
~'na: '.
3
N o
g r
',~
a '
'>~~~ GG {8C)
RCL 71-72-27 CUP 2385
CUP 2372 ~
~
< n
~
\
~
RCL 67-00.65
CUP 3218 ~ FFFiii
r~
\
5
--
CUP2007-05268 LUP 2398 I
i
O
.~ ~' - .
' CUP200ROSiBi CUP2281 O RS-3 (SC)
J
ax
~
~
~
P
E CUP 200404878
-CUP 2003-04808 CUP 1767
CUP 7735 " ' ~ 7 OU EACH
6H
IM
7O
t
R CUP 2003.047fi0
CUP 2001-04928 CUP 7727
CUP 7808 f0
fJ ~
Cf,(SC)
}
CUP 200U09108 V
AR 2006-09870 ~
~
Q CUP 2000.0920 VAR 4222 x
(
C-O (SC)
~~ UP 2000-04200
CUP
87 VAR 4208
~
RCL 71-72-21 CUP 3718
_ 40 VAR 2838 ~,
~ RCL 67-08-55 CUP 3872 CUP 9027
CUP 3747 VAR 2802
VAR 2370
U EpCH
RCL 86-00.17 CUP 3628 1 p
= P 'RCL g4.g5.gp CUP 3600 CUP 3828 N 00
In CUP 2007.05288 CUP 3221 CUP 3800
~ CUP 2007-05181 C
aAN6 UP 2244
~ "! CUP 200404878
VAR 2005-04670
W T4:UP 2003-04808
CUP 200309760 VAR 4222
0
RES7auRaN7 -
~ CUP2001-04428 VAR 4208
- CUP 2007.09908 VAR 2370:
~ i CUP 2000.04241 VAR 2898
I a~P2000-042,f~0 PCN 2
U 007.00033
~CI
IP 4021 p5-~
~ SHOPfl NG CEP~OER ~
_
< X085 L 1G
H
~yONROAO ~c
TAANAC ~~
SAN Fc'
v~ a s(.j
N ~ NW
~ < o R52(SC)
y
~ ~ a
1 OU EA CH
C-G(SL7 ~N
J
o F~iCE T (SC) -d
CANYON HIGH c7
SCHOCL AVENIDA
PGR7OLA
RS-2 (SC)
1 i U EACH '
o so xoL
ALL PROPERTIES
~~~
ARE IN THE SCENIC CORRIDOR (SC) OVE RLAY ZONE.
~~ ' Subject Property
Conditional Use Permit No. 2007-05288
Date: February 4, 2008
E.IA PALNA aVE
°~~
~L~
~N
u°I GS
N
'ot Y
0
~/. Nix MNLHR
E.
5769 East Santa Ana Canyon Road 1o4sz
Subject Property
Conditional Use Permit No. 2007-05288 Date: February 4, 2008
5769 East Santa Ana Canyon Road
aoas2l
ALL PROPERTIES ARE W THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Aer1al Phom:
kue July 2D06
ITEM N0.6
PLANNING COMMISSION AGENDA REPORT
City. of Anaheim
PLANNING DEPARTMENT
DATE: FEBRUARY 4, 2008
FROM: PLANNING SERVICES MANAGER
SUBJECT: CONDITIONAL. USE PERMIT N0.2007-05288
LOCATION: 5769 East Santa Ana Canyon Road, Units D,E,F
APPLICANT/PROPERTY OWNER:. The applicant is Marcy Schaubeck and the
property owner is Canyon Plaza, LLC.
REQUEST: The applicant requests approval to permit a therapeutic massage olinic
in an existing commercial retail center.
RECOMMENDATION: Staff recommends that the Commission take the
following actions:
(a) By motion, approve a Categorical Exemption, Class 1.
(b) By resolution, approve Conditional Use Permit No: 2007-05288:.
BACKGROUND: This approximately 15-acre property is developed with a
commercial retail center. It is located within the General Commercial (C-G)'zone.
The General Plan designates this property and properties to the west across Imperial
Highway for Neighborhood Commercial land uses. The property to the south across
Santa Ana Canyon Road is designated for School uses and the properties to the east
across Via Cortez are designated for Low Density Residential land uses.
PROPOSAL: The applicant proposes to establish a therapeutic massage clinic in an
existing commercial retail center.. .
The applicant's submitted letter of operation states that the clinic's hours of
operation will be Monday through Friday 8 a.m. to 10 p.m., Saturday from 8 a.m. to
8 p.m. and Sunday from 10 a.m. to 6 p.m. The clinic will be approximately 2,700
square feet with 9 treatment rooms, a tranquility room, lobby, office, break room,.
male and female restrooms and one shower. The massage clinic will offer a variety.
of therapeutic massage styles. No other services besides therapeutic massage
therapy will be offered.
Z00 S. Anaheim Blvtl.
Suite #162
Anaheim., CA 92605
Tel: (714) 765-5139
fax: (714) 765-5280
www.anaheim.nat
CONDITIONAL USE PERMIT NO. 2007-05288
February 4, 2008
Page2of2
ANALYSIS; Code permits massage establishments in the General Commercial zone subject.to
the approval of a conditional use permit. Massage establishments must also comply with
Chapter 4.29 of the Municipal Code pertaining to business regulafion: The proposed massage
establishment is part of a national chain of massage therapy clinics called Massage Envy. A
typical Massage Envy clinic is similar in size to a small gym or yoga studio and is found~mostly
in commercial retail centers. The Anaheim Police Department has reviewed this. request and
does not oppose the proposal. Based upon the submitted plans and letter of operation, Staff
supports the applicant's. request to pemut a therapeutic massage clinic in an existing commercial
retail center. Standard conditions of approval pertaining to massage olinics have been included
in the draft resolution.
Res ectfully submitted, Con ed by,
Principal Planner Tanning Services Manager
Attachments- /
1. Project Summary
2. Draft Resolution
The following attachments were provided to the Planning Commission and are available for
public review at he Planning Seiices Division at City Hall.
3. Photographs
4. Plans
5. Letter of Operation
A'I'TACI3MEIV'I' N®. 1
PI2®JEC'P SUMIVYARY
C®1VI)ITIOIVAIJ I1SE PEI2IVIIT N®. 2007-05288
~evelu"'meae[Sta6tdard= °' ` .,~ E~s~'an olio , to ~;Centez.., ', . ~~-Oaone.standards ~_
Site Area 15 acres N/A
Building and Landscape Adjacent to: Feet Feet
Setbacks Santa Ana 70 15
Canyon Road (301andscaped) (151andscaped)
60 15
Imperial Highway (20 landscaped) (15 landscaped)
Adjacent to 60 10
Freeway On-ramp (201andscaped) (10 landscaped)
Adjacent to Via 25 10
Cortez (251andscaped) (101andscaped)
Building Height Approximately 20 25
Re uirements
Pazldng 842 spaces* 1,145 spaces required*
rovided
*Parking waiver approved with a previous proposal
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING CONDITIONAL USE PERMIT NO.2007-05288:
(5769 SANTA, ANA CANYON ROAD, UNITS D, E AND F)
WHEREAS, the Anaheim Planning Commission didreceive a verified Petition
for Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL L
THAT PORTION OF LOT 4 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A
LICENSED SURVEYOR'S MAP FILED IN BOOK 2, PAGE. 15 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY' RECORDER OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF TRACT NO. 7470, AS
SHOWN ON A MAP RECORDED IN BOOK 326,. PAGES 18, 19 AND 20 OF
MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, BEING A
POINT ON THE NORTHWESTERLY LINE OF THE SANTA ANA VALLEY
IRRIGATION COMPANY, AS DESCRIBED IN DEED RECORDED MARCH 7, 1940
IN BOOK 1033, PAGE 362 OF OFFICIAL RECORDS; THENCE ALONG SAID
NORTHWESTERLY LINE, SOUTH 74° 10' 35" WEST 507.09 FEET, NORTH 15° 49'
25" WEST 3.00 FEET, AND SOUTH 740 10' 35" WEST 29839 FEET TO THE
SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN DEED TO W. F.
GLEASON AND WIFE, RECORDED MAY 22, 1951 IN BOOK 2191, PAGE 226 OF
SAID OFFICIAL. RECORDS, BEING THE TRUE POINT OF BEGINNING; THENCE
CONTINUING ALONG SAID NORTHWESTERLY LINE, SOUTH 74° 10' 35" WEST
715.09 FEET TO THE BEGINNING OF A TANGENT. CURVE CONCAVE
NORTHERLY, HAVING A RADNS OF 818.20 FEET, AND WESTERLY ALONG
SAID CURVE, THROUGH A CENTRAL ANGLE OF 09° 21' 14", AN ARG
DISTANCE OF .133.58 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT
4, A RADIAL LINE OF SAID CURVE PASSING THROUGH SAID POINT BEARS
SOUTH 06° 28' 11" EAST; THENCE ALONG SAID WESTERLY LINE, NORTH 0° 16'
25" WEST. 609.25 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND
DESCRIBED IN DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY
27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL RECORDS; THENCE ALONG THE
SOUTHEASTERLY LINE OF SAID LAST MENTIONED LAND, NORTH 70° 23' 17'
EAST 132.19 FEET, NORTH 60° 52' Ol" EAST 189,71 FEET, AND NORTH 56° 00' S3"
EAST 179.51 FEET TO THE NORTHEASTERLY LINE OF SAID LOT 4; THENCE
ALONG SAID NORTHEASTERLY LINE, SOUTH 81° 34' 25" EAST 125.13 FEET,
SOUTH 50° 34' 25" EAST 132.00 FEET, AND SOUTH 65° 19' 25" EAST 142.68 FEET
TO THE NORTHWESTERLY CORNER OF SAID LAND OF W. F, GLEASON;
THENCE ALONG THE WESTERLY LINE OF SAID LAST MENTIONED LAND,
SOUTH 03° 22' 25" EAST 464.60 FEET' TO THE TRUE POINT OF BEGINNING.
EXCEPTING FROM THE EASTERLY PORTION OF SAID LAND, ONE-SIXTH OF
- 1 - PC2008-***
ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES UNDER AND IN
SAID LAND, BUT WITHOUT EXCEPTING OR RESERVING ANY RIGHT TO USE
THE SURFACE OF SAID LAND FOR ANY PURPOSE WHATSOEVER, AS -
RESERVED BY JO ANN G. TOMLINSON IN DEED RECORDED FEBRUARY 21,
1964 IN BOOK 6933, PAGE 741 OF OFFICIAL RECORDS: '
ALSO EXCEPTING FROM THE WESTERLY PORTION OF SAID LAND,'AN
UNDNIDED ONE-EIGHTH INTEREST IN ALL OIL, GAS AND OTHER
HYDROCARBON SUBSTANCES UNDER AND IN SAID LAND, BUT WITHOUT
EXCEPTING OR RESERVING ANY RIGHT TO THE USE OF THE SURFACE OF
SAID LAND FOR ANY PURPOSE WHATSOEVER, AS RESERVED BY JO ANN G.
TOMLINSON IN DEED RECORDED FEBRUARY 21, 1964 IN BOOK 6933, PAGE 739
OF OFFICIAL RECORDS.
ALSO EXCEPTING ALL REMAINING OIL, GAS, MINERALS AND
HYDROCARBON SUBSTANCES BELOW A DEPTH OF 500 FEET FROM THE
SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY UPON ANY
PORTION OF TAE SURFACE ABOVE A DEPTH OF 500 FEET FOR ANY PURPOSE
WHATSOEVER, AS RESERVED BY FREDERICK K. GLEASON AND OTHERS, IN
DEED RECORDED DECEMBER 14, 1973 IN BOOK 11025, PAGE 620 OF OFFICIAL
RECORDS.
PARCEL 1 A
COMMENCING AT THE SOUTHWEST CORNER OF TRACT NO. 7470, PER MAP
RECORDED IN BOOK 326, PAGES 18' THROUGH 20 OF MISCELLANEOUS MAPS,
RECORDS OF SAID ORANGE COUNTY, BEING AT A POINT ON THE'
NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, 71.60 FEET
NORTHWESTERLY AT RIGHT ANGLES FROM THE CENTERLINE OF THE
WESTBOUND LANE THEREOF, AS SHOWN ON SAID TRACT NO. 7470; THENCE
ALONG SAID NORTHWESTERLY LINE OF SANTA ANA CANYON ROAD, SOUTH
74° 10' 35" WEST 507.09 FEET, ANDNORTH 15° 49' 25" WEST 3.00 FEET, AND
SOUTH 74° 10' 35" WEST 269.55 FEET TO THE TRUE POINT OF BEGINNING;
THENCE SOUTH 15° 49' 25" EAST 42,60 FEET; THENCE SOUTH 74° 10' 35" WEST
660.11 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE
NORTHWESTERLY AND HAVING A RADNS OF 1968.00 FEET; THENCE ALONG
SAID CURVE, THROUGH AN ANGLE OF 6° 39' 31", AN ARC LENGTH OF 228.71
FEET TO A POINT ON THE SOUTHERLY PROLONGATION OF THE WESTERLY
LINE OF SAID LOT 4; THENCE ALONG SAID PROLONGATION AND SAID
WESTERLY LINE, NORTH 00° 16' 15" WEST 41.74 FEET TO A POINT ON A
CURVE CONCAVE NORTHWESTERLY AND HAVING A RADNS OF 818.20 FEET,
A RADIAL LINE THROUGH SAID POINT BEARS NORTH 6° 28' 11" WEST;
THENCE EASTERLY ALONG SAID CURVE, THROUGH AN ANGLE OF 9° 21' 14",
AN ARC LENGTH OF 133.56 FEET; THENCE ALONG A TANGENT LINE, NORTH
740 10' 35" EAST 744.13 FEET TO THE TRUE POINT OF BEGINNING.
- 2 - PC2008 ***
PARCEL 2:
THAT PORTION OF LOT 3 OF THE DOMINGUEZ ESTATE, AS SHOWN ON A MAP - --
FILED INBOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE CENTERLINE OF PLACENTIA-YORBA
ROAD, AS SHOWN ON PLANS ENTITLED "PLAN AND PROFILE OF PLACENTIA-
YORBA ROAD" ON FILE IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID
COUNTY, DISTANT THEREON NORTH 0° 28' 36" EAST 384,41 FEET FROM ITS
NTERSECTION WITH THE CENTERLINE OF SANTA ANA CANYON ROAD, 60.00
FEET WIDE, AS .SHOWN ON A MAP ON FILE IN SAID OFFICE OF THE COUNTY
SURVEYOR;
THENCE SOUTH 83° 46' S7" EAST 230,68 FEET TO THE WEST L1NE OF THAT
CERTAIN PARCEL OF LAND DESCRIBED IN DEED TO THE STATE OF
CALIFORNIA RECORDED JANUARY 23, 1953 IN BOOK2441,PAGE 84 OF
OFFICIAL RECORDS IN SAID OFFICE; THENCE NORTH 65° 02' 06" EAST 202.77
FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 86° 25' 25" EAST
160.31 FEET; THENCE Narth 71 ° 12' 00" EAST 116.09 FEET TO THE SOUTHERLY
CORNER OF
THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED (STATE PARCEL
C2577) RECORDED FEBRUARY 27, 1969 IN BOOK 8885, PAGE 577 OF OFFICIAL
RECORDS IN SAID OFFICE; THENCE ALONG THE EASTERLY LINE OF SAID..
LOT 3, SOUTH 0° 32' 18" WEST 609.26 FEET TO A POINT IN THE NORTHERLY
LINE OF THE SANTA ANA VALLEY IRRIGATION COMPANY CANAL RIGHT-
OF-WAY, THE CENTERLINE OF WHICH IS SHOWN ON MAP FILED IN BOOK 4,
PAGES 44 TO 50
INCLUSIVE OF RECORD OF SURVEYS IN SAID OFFICE, SAID POINT BEING ON
A CURVE CONCAVE NORTHERLY AND HAVING A RADNS OF 818,20 FEET;
THENCE FROM A TANGENT BEARING SOUTH 84° 20' 31" WEST, WESTERLY
ALONG SAID CURVE, THROUGH AN ANGLE OF 22° 40' 42", AN ARC DISTANCE
OF 323.85 FEET TO THE SOUTHERLY TERMINUS OF THE EASTERLY LINE.
SHOWN AS "SOUTH 1 DEGREE 50' 03" WEST, 257.80 FEET' IN PARCEL 2 OF
THAT PORTION OF IMPERIAL HIGHWAY RELINQUISHED TO THE CITY OF
ANAHEIM (REL-820).
BY RESOLUTION OF THE CALIFORNIA HIGHWAY COMMISSION, A CERTIFIED.
COPY OF WHICH RESOLUTION IS RECORDED IN BOOK 10969, PAGE 47 OF
SAID OFFICIAL RECORDS, AND AS SHOWN ON MAP RECORDED MAY 23, 1973
IN BOOK 9, PAGE 9 OF STATE HIGHWAY MAPS IN SAID OFFICE; THENCE
ALONG SAID EASTERLY LINE OF IMPERIAL HIGHWAY, NORTH 1° 50' 03" EAST
257.80 FEET; THENCE NORTH 9° 56' 32" EAST 276.46 FEET TO THE TRUE POINT
OF BEGINNING.
EXCEPT ALL OIL, MINERALS, NATURAL GAS, AND OTHER HYDROCARBONS
- 3 - PC2008-***
BY WHATSOEVER NAME KNOWN THAT MAYBE WITHIN OR UNDER THE
HEREIN CONVEYED PARCEL OF LAND, AND THE RIGHTS THERETO,
TOGETHER WITH CERTAIN OTHER CONDITIONS, AS EXCEPTED AND - -
RESERVED INDEED TO THE STATE OF CALIFORNIA (STATE PARCEL C2564)
RECORDED IN BOOK 8625, PAGE 802 OF OFFICIAL RECORDS:
PARCEL 2A;
ALL THAT CERTAIN REAL PROPERTY'BEING THAT PORTION OF THE SANTA
ANA VALLEY IItRIGATION COMPANY CANAL CONVEYED TO THE SANTA
ANA VALLEY IRRIGATION COMPANY BY DEED RECORDED JULY 18, 1934 IN
BOOK 685, PAGE 255 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY,
LYING WITHIN THE LIMITS OF THE SOUTHERLY PROLONGATION OF THE
SIDE LINES OF LOT 3 OF "DOMINGUEZ ESTATE", AS SHOWN ON A MAP FILED
IN BOOK 2, PAGE 15 OF RECORD OF SURVEYS IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THAT PORTION LYING WESTERLY OF THE':
EASTERLY LINE, AND THE SOUTHERLY PROLONGATION OF SAID EASTERLY
LINE OF THE LAND DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA
RECORDED JANUARY 23, 1953 IN BOOK 2441, PAGE 84 OF OFFICIAL RECORDS,
RECORDS OF SAID COUNTY.
APN: 358-191-12
WHEREAS, Conditional Use Permit No. 2007-05288 is proposed to permit a
therapeutic massage clinic in an existing commercial retail center.
WHEREAS, this property is developed with a commercial retail center located in
the General Commercial zone and the Anaheim General Plan designates the property for
Neighborhood Commercial land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 2008, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and ih accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to heaz and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, .and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
L That the proposed request to permit a therapeutic massage clinic in an
existing commercial retail center is properly one for which a conditional use permit is authorized
by Anaheim Municipal Code Section Nos. 18.08.030.040.0402 (Personnel Services-Restricted).
2. That the massage clinic use will not adversely affect the adjoining ]and uses
or the growth and development of the azea in which it is proposed to be located because it is in
an existing commercial retail center,
- 4 - PC2008-***
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 particulaz azea or to the
health and safety because the use is consistent with the types of uses found in the existing
commercial retail center.
4. That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed .and improved to carry the traffic in the area
because the pazking demand for this use is the same as a general retail use permitted in the
commercial retail center; 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 *** 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 granf subject Petition for Conditional Use Permit upon the fo]lawing
conditions which aze 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:
Responsible
COA Conditions of Approval for
Monitorin
TIMING: PRIOR TO PRIOR TO COMMENCEMENT OF OPERATION OF THE
BUSINESS
COAI Complete aBurglary/Robbery Alarm Permit application, Form Police
APD 516, andaetum it to the Police Department prior to initial
.alarm activation.
COAZ Business shall be equipped with an alarm system (silent or Police
audible)_
COA3 File Emergency Listing Cazd, Form APD-281, with the Police. Police
Department, available at the Police Department front counter.
COA4 Reaz entrance doors shall be numbered with the same address Police
numbers or suite numbers of the business. Minimum 4" is
recommended.
- 5 - PC2008-***
Responsible
COA Conditions of Approval ffor
Monltorin
?71V~IIVG „~'IV't rt?XI~G`I)'1I1~$1lf~fi d18~d~A~' (JN .., " .. , ". - `'.' _ ..~. , ~ . _ , ~ . ~" ,~. ,
COAS Based upon the submitted letter of operation, the hours of Planning
operation shall be limited to the following:
L Monday-Friday from 8 a.m. to 10 p:m.;
2. Saturday from 8 p.m. to 8 p.m.;
3. Sunday from 10 a.m. to 6 p.m.
COA6 This business shall operate in full compliance with Anaheim Code
Municipal Code Chapter 4.29 pertaining to Massage Enforcement
Establishments:
COAT An employee that is CPR and First Aide trained shall be on Police
premises at all times:
•M1'a~~ ~`~ p~ /~ ~e ~fi w 1 a}t ~ySly ^TR ~.A~r^4R4 ...a} bw4.
COA8 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.
COA9 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 and 2 of
Conditional Use Permit No: 2007-05288, and as conditioned.
herein.
COA10 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.
COAL l That extensions for further time to complete conditions of Planning
approval maybe granted in accordance with Secfion 18.60.170
of the Anaheim Municipal.
- 6 - PC2008-***
COA
Conditions of Approval Responsible
for
Monitorin
COA12 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
regazding 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 declazed 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
chazges 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 chazges 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 February 4, 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.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 7 - PC2008 ***
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 February 4, 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 ***
aem INO. i
T
LA BELLE FONTAINE
MOBILE HOME ESTATES
U~
~.
F
f/1
O
2
5
0
GG
15HOP5 GG
VACANT
~~ ~
~ ~o
a
C-G
SMALLSHOPS
RCL 55-56-40 Q
(Res. of Inl. to CL) (jJ
T-CUP 007-1105206 I / ~ ~ m I'~'
CUP 2005-04957
T-GUP 2003.04667
CUP 2003-04667
CUP 2002-04645
T-CUP 2001-04326
CUP 4054
CUP 4041
CUP 3650
PCN2005-00016
T-CUP 2005-05007)
(CUP 3307)
(V-3455 S)
SMALL SHOPS
T(MHP)
MOBILE HOME PARK
T
10U
C-G
AMERICANA
MOTEL
c-c
rn
O
Subject Property
Date; February 4, 2008
Conditional Use Permit No. 2003-04667
(Tracking No. CUP2007-05289)
3010 West Lincoln Avenue
Su .CgESCENTA
~ VE
6
Q
z _..- -o
W ~
LINCOLN AVE
f.~
~< t Wi
O
~ N
~
$ <u<
~ W.GMNGE AVE ~~S
tB4s3
RM-0
VACANT
GG
SMALL
SHOPS
a so ioo
~:
Subjoct Property
Date: February 4, 2008
Conditional Use Permit No. 2003-04667
(Tracking No. CUP2007-05269)
3010 West Lincoln Avenue
10463
ITEM NO. 7
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE: FEBRUARY 4, 2008 -
FROM: PLANNING SERVICES MANAGER
SUBJECT: CONDITIONAL USE PERMIT NO. 2003-04667
,: (TRACHING NO. CUP 2007-05289)
LOCATION;. 3010 West Lincoln Avenue:
APPLICANT/PROPERTY OWNER: The applicant is Chang Kim and the
property owner is Michael Bagguley.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
REQUEST: The applicant requests approval to modify hours of operation for an
existing restaurant.
RECOMMENDATION: Staff recommends that the Commission take the ';
following actions:
(a) By motion, approve a Categorical Exemption, Class 1.
(b) By resolution, approve an amendment to Conditional Use Permit No. 2003-
04667.
BACKGROUND: This approximately 1;6-acre property is developed with a full
service restaurant in a commercial retail oentea' It is located within the General
Commercial (C-G) zone. The General Plan designates this property and properties to
the east and west for General Commercial land uses, properties to the south foi• Low
Medium Density Residential land uses, and the properties to the north across Lincoln
Avenue for Regional Commercial land uses.
On March 24, 2003, the Planning Commission approved Conditional Use Permit No.
2003-04667 to permit the retail sales of beer and wine for on-premises consumption
and an amusement arcade with up to sixteen (16) amusement devices within an
existing 4,800 squaze foot restaurant. The Planning Commission approved an
amendment to this Conditional Use Permit to permit and retain private
karaoke/banquethooths in place of the amusement devices on May 30, 2007.
PROPOSAL: The applicant is requesting to amend conditions of approval to
modify the hours of operation to close three hours later than the existing closing
time.
l
CONDITIONAL USE PERMIT NO. 2007-05289
February 4, 2008::..
Page2of2
The existing hours' of operation aze Sunday through Thursday from 11 a.m. to 10 p.m, and Friday
and Saturday from 11 a.m. to 12 a.m. The applicant is requesting hours of operation from 11
a.m. to 1 a.m., seven days a week. The applicant. has stated that the increased hours of operation
will aid in increasing business revenue.
ANALYS%S: The previous amendment to the conditional use pemmt allowed forlprivate
kazaoke rooms where customers can eat and use a private karaoke machine.. The permit contains
conditions of approval pertaining to the materials from which the rooms aze to be constructed:
The conditions required that the rooms be constructed of a glass material to' allow for'complete
visibility into the rooms withouf tint or drapery. The applicant has submitted plans for building
permits to make these modifications. The Anaheim Police Department and Code Enforcement
Division have reviewed the request and determined that there'are no outstanding Code violafions
or incidents of crime that would preclude the modification of the hours of operation. Based upon
this informaflon and'the applicant's letter of operation, Staff supports the request to amend
conditions of approval to modify the hours of operation.
ectfully submitted, Con e by,
Principal anner P g 5e es Manager
Attachments:
1. Project Summary
2. Draft Resolufion
The following attachments. were provided to the Planning Commission and aze available for
public review at the Planning Services Division at City Ha11.
3. Photographs
4. Letter of Operation
ATTACHMENT N®. i
PROJECT SUMMAIt~'
C®PtIDITI®NAL IJSE PERMIT N®. 2003-04667
(TRACI{ING N®. CUP2007-05289)
`Develo'ntent~tandard.. .. ~ . :_,~E°s `. ~y~~~~ _.,,u~. _ ~ .:;~-~ao~e:Standart~ds
Site Area 15 acres N/A
Building and Landscape Adiacent to: Feet Feet
Setbacks Lincoln Avenue 50 15
(5 Landscaped)*
Beach Blvd. 15 15
(5 Landscaped)*
Adjacent to 20 10
Residential
(South)
* Existing Legal Nonconforating Setback
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2008 ***
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO
CONDITIONAL USE PERMIT NO. 2003-04667 AND AMENDING
RESOLUTION NO. PC2003-50, AS PREVIOUSLY AMENDED (TRACKING
NO. CUP2007-05289)
(3010 WEST LINCOLN AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
THAT EAST HALF OF THE NORTH 5.00 ACRES OF THE EAST
HALF OF THE NORTHEAST QUARTER OF THAT NORTHEAST
QUARTER OF SECTION 14, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN
THE RANCHO LOS COYOTES, AS SHOWN ON A MAPS RECORDED IN
BOOK 51, PAGE 121 OF MISCELLANEOUS MAPS, RECORDS OF
ORANGE COUNTY OF CALIFORNIA.
EXCEPTING THEREFROM; THAT PORTION LYING EASTERLY OF THE
WESTERLY LINE OF PARCEL 2 OF DEED TO THE STATE OF
CALIFORNIA FILED AUGUST 27, 1951 AS DOCUMENT NO. 23960, ,
CERTIFICATE OF TITLE NO. 14610, ON FILE IN THE OFFICE OF THE
REGISTRAR OF LAND TITLES OF SAID COUNTY AND THE
NORTHERLY PROLONGATION THEREOF.
ALSO EXCEPTING THEREFROM, THE LAND DESCRIED AS PARCELS 1
AND 3 OF SAID DEED TO THE STATE OF CALIFORNIA.
ALSO EXCEPTING THEREFROM THOSE. PORTIONS DESCRIBED AS
PARCELS 100008-01 AND PARCEL 100008-3 IN DEED TO THE STATE OF
CALIFORNIA RECORDED SEPTEMBER 9, 1997 AS INSTRUMENT NO.
19970531752 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY..
WHEREAS, on March 24, 2003, the Anaheim City Planning Commission, by its
Resolution No. PC2003-50, granted Conditional Use Permit No. 2003-04667 to permit the retail
sales of beer and wine for on-premises consumption and an amusement azcade with up to sixteen
(16) amusement devices within an existing 4,800 squaze foot restaurant at 3010 West Lincoln
Avenue; and
WHEREAS, on May 30, 2007, the Anaheim City Planning Commission approved an
amendment to Conditional Use Permit No. 2003-04667 to permit and retain private kazaoke/banquet
booths and did amend the conditions of approval, in their entirety, of Resolution No. PC2003-50
adopted in conjunction therewith; and
-1- PC2008--***
WHEREAS, this property is currently developed with a restaurant within a
commercial retail center and is zoned C-G (Commercial General); and the Anaheim General Plan..
designates this property for General Commercial land uses; and
WHEREAS, the applicant has requested to amend the previously approved
Conditional Use Permit No. 2003-04667 to amend conditions of approval to modify hours of
operation pursuant to 18.60.190.030; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on February 4, 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 heaz and consider evidence for and against said proposed conditional use
permit and to investigate and make fmdings 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 conditions of approval to modify hours of
operation is properly one for which a conditional use permit is authorized by Anaheim Municipal
Code Section Nos. 18.60.190.030 (Amendment of Permit Approval) and 18.08.030.010
(Restaurants -General).
2. That the existing and continued use will nofadversely affect the adjoining land uses
or the growth and development of the azea in which it is proposed to be located.
3. That the size and shape of the site is adequateto allow the full development of the
proposed use in a manner not detrimental to the particulaz azea or the health and safety in that there
is no new square footage proposed with this request:
4. That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area since the restaurant is
existing and the use has not generated a significant increase in traffic.
5. That the granting of the conditional use permit under the conditions imposed will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
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 prepaze additional environmental documentation.
-2- PG2008-***
NOW, TI3EREFORE, BE IT RESOLVED that the Anaheim City Planning
Commission, for the reasons hereinabove stated, approve the amendment to Conditional Use Permit
No. 2003-04667 as described above.
BE IT FURTHER RESOLVED by the Planning Commission of the City of Anaheim
that the conditions of approval heretofore imposed on Conditional Use Permit No. 2003-04667, as
set forth in City Planning Commission Resolution No. PC2003-50 be, and the same aze hereby,
amended in their entirety, to read as follows:
Responsible
COA Conditions of Approval for
1Vlonitorin
,T'Fi~~PRIQ ~a'Q t~TZA .„G~I~~if7~I~... ~~~'~'/.~'..'"`. 3.,~'„b z '~ y~~~;~w~~}„
COAL Trash storage area(s) shall be provided and maintained in Public Works,
location(s) acceptable to the Public Works Department, Streets Streets and
and Sanitation Division, and in accordance with approved plans Sanitation
on file with said Department..Said storage azea(s) shall be
designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. The walls of the
storage area(s) shall be protected from graffiti opportunities by
the use of plants 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 the
plans submitted for Planning Department and Public Works
Department, Streets and Sanitation Division, approval.
COA2 The subject karaoke rooms are to be constructed of a completely Planning
glass wall. to the inside of the restaurant, so as to have complete
visibility into the rooms. They shall not be covered with any
type of privacy material, drape or tint. They must be completely
open to view at all times. Said condition must be shown on,
plans submitted for Building Permits.
COA3 Doors into these karaoke rooms must not have a locking device Planning
and they shall be free swinging glass doors. Said condition must
be shown on plans submitted for Building Permits.
~~~~ .~1 v. .Y ~ ~ l 3.4 ~~2'~"~~h~'Yn+air y`'.,','"~y ~. t ~ tiz. ~ 2 S/tl .:°.~a .~"f+,.f..t: ~ K
COA4 The property shall be permanently maintained in an orderly Planning
fashion through the provision of regulaz landscaping.
maintenance, removal of trash or debris, and removal of graffiti
within twenty-four (24) hours from the time of discovery.
_3_ PC2008--***
Responsible
COA Conditions of Approval for
lYlonitorin
COAS The hours of operation shall be limited to the following: Planning
1. Sunday-Saturday from 11 a.m. to 1 a.m.
COA6 That trash shall not be emptied into outside trash containers Planning
between the hours of 10 p.m. to 7 a.m. daily.
COAT The property shall be permanently maintained in an orderly Planning
fashion through the provision of regulaz landscaping
maintenance, removal of trash or debris, and removal ofgraffiti
within twenty-four (24) hours from the time of discovery.
COA8 The 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 aze on file with the
Planning Department marked Exhibit Nos. 1 through 2, and as
conditioned herein.
COA9 . That the sale of beer and wine for consumption off the premises Police
shall be prohibited.
COA10 This establishment shall be operated as a "bona fide public Police
eating place" as defined by Section 23038 of the California
Business and Professions Code; and that a menu shall be
provided containing an assortment of foods normally offered in
such a restaurant
COAL l There shall be no baz or lounge area upon the licensedpremises Police
maintained for the purpose of sale, service, or consumption of
alcoholic beverages directly to patrons for consumption.
COA12 There shall be no pool tables or amusement devices maintained Police
upon the premises at any time unless the proper permits have
been obtained from the City of Anaheun.
COA13 The gross sale of alcoholic beverages shall not exceed forty Police
percent (40%) of the gross sales of all retail sales during any
three (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 requested.
-4- PC2008-***
Responsible
COA Conditions of Approval for
Monitorin
COA14 There shall be no live entertainment, amplified music or dancing Police
permitted on the premises at any time unless the proper permits
have beenobtained from the City of Anaheim..
COA15 There shall be no exterior advertising of any kind or type, Police
including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholiobeverages.
COA16 The activities occurring in conjunction with the operation of this Police
establishment shall not cause noise disturbance to surrounding
properties.
COA17 The subject beer and wine license shall not be exchanged fora Police
"public premises" (baz) type license nor shall the establishment
be operated as a "public premises" as defined in Section 23039
of the Califomia Business and Professions Code.
COA18 . There shall be no admission fee, cover chazge, nor minimum... Police
purchase required.
COA19 The parking lot serving the premises shall be equipped with Police
lighting of sufficient. power to illuminate and make easily.
discernible the appeazance and conduct of all persons on or
about the pazking lot. Said lighting shall be directed, positioned
and shielded in such a manner so as not to unreasonably
illuminate the windows of nearby residences. Said information
shal] be specifically shown on plans submitted for Police
Department, Community Services Division, approval:
COA20 The business operator shall comply with Section 24200.5 of the Police
Califomia Business and Profession Code so as not to employ or
permit any persons to solicitor encourage others, directly or
indirectly, to buy them drinks in the licensed premises under any
commission, percentage, salary or other profit-sharing plan,
scheme or conspiracy:
_g_ PC2008-***
Responsible
COA Conditions of Approval for
Monitorin
COA21 At all times when entertainment or dancing is permitted, security Police
measures shall be provided to the satisfaction of the Anaheim
Police Department to deter unlawful conduct on the part of
employees or patrons, and to promote the safe and orderly
assembly and movement of persons and vehicles, and to prevent
disturbance to the neighborhood by excessive noise created by
patrons entering or leaving the premises. Said entertainment
shall not be permitted unless the appropriate permits have been
obtained from the City of Anaheim. •
COA22 All doors serving subject restaurant shall conform to the Police
requirements of the Uniform Fire Code and shall be kept closed
at all times during operation of the premises except for
ingress/egress, to permit deliveries and in cases of emergency.
COA23 There shall be no public telephones on the property that are Planning
located outside the building and within the control of the
applicant.
COA24 Any and all security officers provided shall comply with all State Police
and Local ordinances regulating their services, including,:
without limitation, Chapter 11.5 of Division 3 of the California
Business and Profession Code. (Section 4.16.070 Anaheim
Municipal Code)
COA25 The proposal shall comply with al] signing requirements of the
C-G (General Commercial) Zone unless a variance allowing sign
waivers is approved by the Planning Commission or City
Council.
COA26 Any Kazaoke activity shall be limited to the azea specified on the Planning
approved floor plan labeled Exhibit No. 2.
COA27 An on-site trash truck turn-azound area shall be provided in Public Works,
accordance with Engineering Standazd Detail No. 610, and Streets and
maintained to the satisfaction of the Public Works Depaztment, Sanitation
Streets and Sanitation Division.
COA28 A plan sheet for solid waste storage and collection and a plan for Public Works,
recycling shall be submitted to the Public Works Depaztment, Streets and
Streets and Sanitation Division, for review and approval. Sanitation
-6- PC2008-***
Responsible
COA Conditions of Approval for
Monitorin
COA29 The timing for compliance with conditions of approval maybe Planning
amended by the Planning Director upon a showing of good cause
provided (i) equivalent Miming 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.
COA30 Extensions for further time to complete conditions of approval Planning
maybe granted in accordance with Section 1$.60.170 of the
Anaheim Municipal:
COA31 Approval of this application constitutes approval of the proposed Planning
request only to the extent that it complies with the Anaheim
Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or
findings as to compliance or approval of the request regarding
any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that, except as amended herein, Resolution No.
PC2003-50 shall remain in full force and effect.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby
find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of
competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project, whichever
occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or
the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of February 4, 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.
-7- PC2008 ***
CHAIlZMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
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 February 4, 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-***
:I
e~ i
I
I
B c B ORANGE COUNTY I MAJOR I ~
• ¢ a TRANSIT DISTRICT O C TD I MANUFACTURING 7RI S TAR I ~
8 ~ m FACILITY STRUCTUR ~Hpp E: PLASTICS AUTO REPAIR
a
~ J
~
..®
® VIA BURTON
p
m
w
Z w
T MOL NGC RTI ELECTRONICS z SABINAELECTRIC _v ANIONIC STRUCTURES ~ ,
o g U
~
'm ~
~ ~;
Q,
~
'
W
f-
y
I W
: 32~ AL FIRM
INDUSTRI ; ~ I
-
~
INDUS
TRIAL FIRMS
~
o
m a¢
SMALL INDUSTRIAL NATIONS RENT
y
e'
RCL 5556-10
CUP 2007-05266
CUP 1362
STATE OF CALIFORNIA
.DEPARTMENT OF
'RIVERSIDE FREEWAY coRRECnor4s
RS-2
1 DU EACH
°' a
o N
m
v
.
O. _
~
a'
RS'2 ;
i
> = 1 Du • cH
N a
0
~ ROSEWOODAVE
o sa gym.
Pocc
Conditional Use Permit No. 2007-05286
Subject Property
Date: February 4, 2008
F
1400 North Burton Place
10454',.
a
w
Conditional Use Permit No. 2007-05286
1400 North Burton Place
Subject Property
Date: February 4, 2008
e ~ ' W
EOFA NOEIH
]pPl'A VE
C
~ .s j
~
°~~ ..a
n
Y w 5 i•' YE
~
~@^ ~
Y a '%
W
„
G , m W
G lAP A1MAAVe
taasa
o ~ ~o~
AertalPhotoJ
reuv ~.a„ annc...
ITEM N0.8
PLANNING COMMISSION AGENDA REPORT
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anahelm.net
City of Anaheim
PLANNING DEPARTMENT
DATE: FEBRUARY 4, 2008
FROM: PLANNING SERVICES MANAGER
SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05286
LOCATION: 1400 North Burton Place
APPLICANT/PROPERTY OWNER: The applicant is The Planning Consortium and
the property owner is'AFH'Anaheim, LLC.'
REQUEST: The applicant requests approval to construct a 65-foot tall
telecommunications facility disguised as a pine free with accessory ground-mounted''
equipment.
RECOMMENDATION: Staff recommends that the Commission take the. following
'actions:
(a) By motion, approve a Negative Declazation.
(b) By resolution, approve Conditional Use Permit No. 2007-05286:
BACKGROUND: This property is developed with an industrial building. It is ]ocated
within the Industrial (I) zone. The General Plan designates this property and properties
to the north, east and west for Industrial land uses. The Riverside Freeway (SR-91) is
located south of the property.
PROPOSAL: The applicant proposes to construct a 65-foot tall telecommunications
facility disguised as a pine tree. A total of twelve (12) antennas aze proposed at the top
of the tower. The pine is proposed with a simulated brown trunk finish and green pine
tree needles interspersed throughout the pole to screen the antenna arrays. The facility
will be located in an existing planter in the pazking lot. The ground-mounted equipment
will be located adjacent to the building and7eplace an existing outdoor seating area.
Please refer to the attached summary chart for project details.
ANALYSIS: The project has been evaluated against. applicable development standards
and is in compliance. Code permits telecommunications :facilities and antennas in the
Industrial zone subject to the approval of a conditional use permit. The Code. includes
design guidelines for telecommunications facilities to minimize the: visual impact of the
facility on the community. Following is staff's analysis and7ecommendations on the.
requested project.
l
CONDITIONAL USE PERMIT N0.2007-05286.
February 4, 2008
Design and height of facility: The Code requires wireless communications facilities to have a"
"stealth" design. A stealth facility is one that is designed to minimize visual impacts by
disguising the facility to appear as a natural object, such as'a tree, or part of an existing'structure
while visually blending into the surrounding environment. In this case, a simulated pine tree is
proposed to lessen the visual impact on the surrounding azea by blending in with landscaping in
the vicinity. No live pine trees or other landscaping'is proposed based on the minimal
landscaped area on the property.. The applicanf indicatesthat the lease azea is too small to
accommodate additional trees..
Photographic simulations indicate that the 65-foot high monopine will be visible from the
Riverside Freeway to the south. However, the distance from the freeway (114 feet) does lessen
the visual. impact of the telecommunications facility onto the adjacent freeway.:.. Photographic
simulations also indicate that the facility will be visible from State College Boulevard, Via
Burton Street and the surrounding industrial properkies.
In April 2007,. the City announced a citywide wireless service coverage initiative to ensure all
major cellular companies aze able to provide full coverage throughout the City.:.. Given this new
policy direction, the applicant has explored all alternative locations in order to serve this
coverage gap. The applicant has also determined theproposed 65-foot heightfor the facility is
necessary to serve the wireless coverage azea. Since there is a need for coverage in this azea, it is
appropriate to site a facility on this property. Given the City's current policy direction to ensure
citywide coverage, and the constraints of the existing development in the area, the pine: tree
design is the most appropriate alternative: Since the proposed design disguises the facility as a
natural object and furthers the goals of the citywide wireless service coverage initiative, staff
recommends approval of this request.
sp tfully submitted, Co uned by,
Principal Planner >Planning S 'ces Manager
Attachments:
1. Project Summary;
2. Draft Resolution
3. 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 Hail
3. Plans
4. Photo-Simulations
5. ' Carrier Coverage Maps
AT'I'A~kIlYlE1V'1' Pd~. 1
Pdt®~FEC'I' SiJ1VI1VIAIt~'
conditional LTse Permit No. 2007-05286
HDeVelo"'ment,Sfandardv; ~ .~ „'.Pro"osecY~'ro'ect, B;;Zone,Standards=;'°.,„;
.Site Area 0.73-acre N/A
Facility Setback Adiacent to:
Burton Street Feet
91
10
[DRAFT] ATTACHMENT NO. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05286 BE APPROVED
(1400 NORTH BURTON PLACE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 2 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN
BOOK 7 PAGE 37, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY,
WHEREAS, the applicant has requested approval ofa Conditional Use Permit to
construct a 65-foot tall telecommunications facility disguised as a pine tree with accessory
ground-mounted equipment pursuant to Code Section 18.60 of the Anaheim Municipal Code;
and
WHEREAS, the Planking Commission did hold a public hearing at the Civic
Center in the City of Anaheim on February 4, 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. That the proposed use i properly one for which a conditional use permit is
authorized by Anaheim Municipal Code Section No. 18.10.030.040.0402 (Antennas -
Telecommunications -Stealth Ground-mounted). -
2. That the proposed 65-foot tall telecommunications facility disguised as a pine tree
would not adversely affect the adjoining land uses and the .growth and development of the area in
which it is proposed to be located because if provides a service to the community in a stealth
facility.,
3. That the size and shape of the site is adequate to allow full-development of the
request in a manner not detrimental to the particulaz azea nor to the health and safety as the
telecommunication facility disguised as a pine tree would not affect the circulation or setbacks of
the existing church.
_ 1 _ PC2008-***
4. That because this is an unmanned facility with infrequent maintenance, the traffic
generated by the proposed use will not, under the conditions imposed, impose an undue burden:....
upon the streets and highways designed and improved to carry the traffic in the area.
5. That granting this conditional use permit will not, under the conditions imposed,
be detrimental to the health and safety of the citizens of the City of Anaheim and that the use will
contribute to an essential and effective wireless communications network system.
6. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the
Anaheim Planning Commission has reviewed the proposal; and does hereby approve the
Negative Declaration upon finding that the declazation reflects the independent judgment of the
lead agency and that it has considered the Negative Declazation together with any comments
received during the public review process and further finding on the basis of the initial study and
any comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission does hereby grant subject Petition for Conditional Use Permit, upon the following
conditions which aze 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:
Responsible
COA Conditions of Approval... for
Monitorin
TIMING: PRIOR TO ISSUANCE OFBUILDINGPERMIT
That this sixty-five (65) foot tall telecommunications facility
disguised as a pine tree shall be limited to a maximum of
COAI twelve (12) panel antennas and accessory ground-mounted Planning
equipment. No additional antennas or equipment cabinets
shall be permitted without approval from the City. Said
information shall be specifically shown on plans submitted. for
building permits.
That the round-shaped trunk shall be painted brown and
textured to appear similar to a live pine tree trunk. The
COA2 antenna arrays and individual panel antennas shalTbe finished
Planning
and painted green to match the artificial pine tree needles
attached to the structure. Said information shall be
specifically shown on the plans submitted for building
permits.
- 2 - PC2008-***
Responsible
COA Conditions of Approval for
Monitorin
That the walls of the ground-mounted fence and wall'
enclosure shall be protected from graffiti opportunities by the
COA3 use of plant materials such as a minimum 1-gallon size planning
clinging vines planted on maximum 3-foot centers or tall'
shrubbery. Said information shall be specifically shown on
plans submitted for building permits.
That all equipment; including supply cabinets and power
meter, shall be screened from the publicright-of--way. The
screening azound the ground mounted equipment shall be
COA4 solid masonry except at the access gate:.The access gate shall Planning
include slats to screen the equipment from public view. In
addition, the cable connecting the equipment shall be
underground and shall not be visible to the public. Said
information shall be specifically shown on plans submitted for
building permits.
That any required relocation of City electrical facilities shall
beat the applicants expense. Landscape and/or landscape
COAS screening of all pad mounted equipment shall be required and Planning
shall be specifically shown on plans submitted for building
permits.
That a note shall be added to the plans submitted for building
permits that prior to final building and zoning inspections and -
Prior to activating this facility, the Operator shall submit a planning
COA6
: post-installation test to confirm that the Facility does not
interfere with the City of Anaheim's Public Safety radio
equipment. This test shall be conducted by the
Communications Division of the Orange County Sheriffls
Depaztment or a Division approved contractor at the expense
of the Operator.
That a note shall be added to the plans submitted for building
permits indicating that prior to final building and zoning
inspections and prior to activating this facility, the Operator planning
COAT shall provide a 24-hour telephone number to the Planning
Services Division (to be forwarded to the Fire and Police
Departments) to which interference problems may be reported,
and shall resolve all interference complaints within 24 hours.
_ 3 _ PC2008-***
Responsible
COA Conditions of Approval for
Monltorin
That a note shall be added to the plans submitted for building
permits that prior to final building and zoning inspections, the
COA8 subject property shall be developed substantially in accordance
with plans and specifications submitted to the City of Anaheim planning
by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 4, and as
conditioned herein.
That a note shall be added to the plans submitted for building
permits indicating that prior to final building and zoning
COA9 inspections, the Operator shall ensure that the facility's
planning
installation and choice of frequencies will not interfere within
the 800 MHz radio frequencies required by the City of
Anaheim to provide adequate spectrum capacity for public
safety and related purposes:.
That conditions that aze required to be complied with prior to
issuance of building permits that require information to be
COA10 provided on plans (such as roof-mounted equipment location planning
and screening, security measures, trash storage areas, fire truck
tum-azound azeas, etc.) shall be shown on plans submitted for
building permits, and implemented prior to final building and
zoning inspection.
GENERAL
That the Operator shall ensure that any of its contractors, sub-
COAT 1 contractors or agents, or any other user of the facility, shall planning
comply with the terms and conditions of this permit
That should this telecommunications facility be sold, the
COAl2 planning Services Divisionshall be notified within 30 days of planning
the close of escrow.
That the portion of the property being leased to the
telecommunications carrier shall be permanently maintained in
COAl3 an orderly fashion through the provision of regular..... Planning
landscaping maintenance, removal of trash or debris, and
removal of graffiti within twenty-four (24) hours from the time
of discovery, and the facility shall be maintained in the
original condition as approved.
- 4 - PC2008-***
Responsible
COA Conditions of Approval for
Monitorin
That timing for compliance with conditions of approval may
be amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that planning
COA14 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
towazd establishment of the use or approved development.
That extensions for further time to complete conditions of
COA15 approval maybe granted in accordance with Section 18.60.170 Planning
of the Anaheim Municipal
That approval of this application constitutes approval of the
proposed'tequest only to the extent that it complies with the
Anaheim Municipal Zoning Code and any other applicable planning
COA16 City, State and Federal regulations: Approval does not include
any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or
requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon
applicant's compliance with each and all of the conditions hereinabove set forth. Should any
such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of
any court of competent jurisdiction, then this Resolution, and any approvals herein contained,
shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all
charges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice or prior to the issuance of building permits for this project,
whichever occurs first. Failure to pay all chazges 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 February 4, 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 Council Resolution in the event of an appeal.
_ 5 _ PC2008-***
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 Plamvng Commission, do
hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim
Planning Commission held on Februazy 4, 2008, by the following vote of the members thereof:
AYES: COMMISSIONER:
NOES: COMMISSIONER:
ABSENT: COMMISSIONER:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 6 - PC200$-***
AI~TI~I~T
CONSORTIUM
INCORPORATED
LAND PLANNING • ENVLRONML•NTAL STUDIES
PROJECT MANAGEMENT • ENTITLEMENTS
November 29, 2007
City of Anaheim
Planning Dept.
200 South Anaheim Bivd.
Anaheim, CA 92805
ATTACHMENT N®. 3
The Planning Consortium, Land Use Entitlement Agent for Vertzon Wireless, is pleased to submit this
CUP application for a Wireless Communication Facility to be located at 1400 North Burton Place: The
facility will consist of a 65-foot tall mono-pine and a 200 square foot (10' x 2D') block wall equipment
enclosure. This will be an unmanned facility that will'operate 24 hours a day. The facility will provide
improved cellular and PCS coverage in this area of Anaheim and will provide residents and visitors the
.latest in data and voice communications.
The sybject property is zoned "I" Industrial and is surrounded by industrially zoned property on the North;
East and Wesi and the 91 freeway to the South: Theproposed location was selected as the bestsite ih
order to enhance coverage along the 91 freeway near State College Boulevard and to the south of this
area to La Palma Avenue. Attached are Radio Frequency Propagation Maps, which show RF coverage '
before and after the installation of the proposed facility. The selected location provided an ideal site to
meet RF coverage objectives within the search ring.
Site Selection - Co-location Study -Site Justification
Verizon Wireless locked at a number of potential sites within the search rthg before identifying the
currently proposed site located at 1400 N. Burton Place: Existing Wireless Communication Fatalities in
the area were identified as the first priority candidates due to their lower cost and ease of construction.
Unfortunately only one existing wireless facility (Nextel mono-pole) was identifietl within the search ring,
approximately'/: mile to the EasTOf the current candidate, located at 2288 Via Burton: This candidate
was considered and ultimately rejected due to its close proximity to an existing Verizon Wireless facility
located just to the East of this candidate. Verizon Wireless then considered three different types of
Facilities at the Motel 6 located just Nortti of the 91 Freeway: on State College Blvd. at the intersection with
Via Burton. Vedzon explored the feasibility of locating antennas upon the roof of the motel, within the
existing Motel's large sign ahd upon a new freestanding mono-pole/mono-tree within a landscaped
planter adjacent to the motel's parking lot All of these designs were rejected ekher due to construction
Issues, landlord concerns or City code'compiiahce issues: Another candidate was considered south on
State College Blvd. at the Islamic Institute of Orange County located at 1220 N: State College Blvd.
Verizon Wireless considered a roof mounted facility, however; this candidate also wasreJected due to
construction issues and an inability to find an acceptable location for the site's electrohic equipment
cabinets. Finally the industrial area on the North side of the 91 Freeway, West of State College Blvd.,
along Via Burton was searched for a candidate: It was at this point that the currently proposed candidate
at 1400 Burton Place was identified andLltlmately selected.
Site Design
Several designs were considered at the proposed location until the current design of a 85' tall mono-pine
was selected: During the Pre-file application process; a slim line mono-pole design was proposed and '
designed to look like a light standard with a "cobra" style light fixture proposed. Planning staff responded
that the location of the mono-pole was unacceptable due to its close proximity to the 91 freeway. Staff
indicated that the City was to begin a "beautification° project along the freeway and that the proposed
wireless facility would detract from the views along the freeway. In response to these comments; Verizon
Wireless proposed to place the facility 100' to the North, further away from the freeway. At this time
627 Norlh Main Street • orange, California 92868-i Lo3
(7 L 4) 769 • zs L o Pax (7I 4) 769 • 1989 www.planningconsonium.com
,.
CondRional Use Permit Application
Letter of Justification
Verizon Wireless Communicetion Facility "Pinewood"
1400 N. Burton Place, Anaheim, CA
Planning staff recommended changing the design to a flagpole, however, after review,this design did nof'
receive Planning staff support due to the size and visual impact this design would produce. In August of
this year, TPC met with Planning Staff to determine if there was a design that staff could support. After
some discussion regarding the relative merits of different types of artificial trees, TPC determined that the
best design for this location would be a mono-pine. This decision was based upon the following facts:
number one being that amono-pine design would allow for the future co-location of another carrier's
antennas and number two that given the close proximity of a number of large trees in the area, amono-
pinewould blend in well in the area and would not detract from the views along the 91 freeway, State
College Boulevanl or any adjacent public rights-of-way.
Mono-pine "Grove effect"
Dudng discussions in August with Planning staff, the need to create a "grove effect" was discussed:
Planning staff pointed out that in previous cases where amono-pine was approved, conditions of
approval were added to the project that required a 2 -1 ratio of mature live pine trees to mono-pine were
required in an effort to create a "grove effect" so that the mono-pine would blend in with the surrounding
area. Unfortunately in this case there is not any available land adjacent to the proposed mono-pine that
would allow for the planting of new trees. However, as the aerial photo below show, there are a number
of large trees, including large pine trees in the immediate vicinity that will allow the proposed mono-pine
to blend in with the surrounding area: Once installed, the mono-pine will not present a negative visual
impact to this industrial area of the City, will actually improve the views in the area and will not be able to
be identified as a wireless facility by the great majority of commuters along the 91 freeway and adjacent
streets surrounding the area.
Aerial Uew of Adjacent Trees
The height, size and location of the proposed facility meet the requirements of this industrial zone and
meet side and rear setbacks requirements. No required parking will be required to be removed for the
installation of this facility. As mentioned above, the proposed use is one, which is allowed by the zone
(18.10.030) with the approval of a Conditional Use Permit, The proposed use will not adversely affect
adjoining land uses nor will ii affect the growth or development of the area. The size and shape of the
proposed project area is adequate to meet the applicant's objectives in a manner that will not be
i"~
Condih'ona/ Use Permit Appficah~on
Letter of Justification
Vedzon Wireless IIcmmunicetion Factiify "Pinewood"
1400 N. Burton Place, Anaheim, CA
detrimental to the area or to health and safety of those who work or visit in the area. Since the facility will '
be unmanned, there will not be an adverse affect to the surrounding streets, highways or traffic. Routine
maintenance will only be required once every 6 to 8 weeks and will not significantly affect local streets or
traffic. The granting of the requested Conditional Use Permit, with any accepted Conditions of Approval
imposed, will not be detrimental to the health and safety of the residents or visitors of the Cfty of Anaheim.
The proposed facility will be builk and operated according to all of the applicable rules and regulations for
wireless facilities as specified by the Federal Communications Commission (FCC) and the California
Public Utilities Commission.
If you have any questions or require additional application materials please contact me at (714) 769-2510
or davedelorm~planninoconsortium.com
Sincerely,
~~ ~ ~---
Dave de Lorm
Project Manager
The Planning Consortium
Land Use Entitlement Agent for Verizon Wireless
(714) 769-251 D