PC 2008/06/23• Call To Order
H: \TOOS \PC Admin \PC Agendas \(062308).doc
Anaheim Planning Commission
Agenda
Monday, June 23. 2008
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairman: Kelly Buffa
Chairman Pro - Tempore: Joseph Karaki
Commissioners: Peter Agarwal, Gail Eastman, Stephen Faessel,
Panky Romero, Pat Velasquez
• Preliminary Plan Review 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the June 23, 2008 agenda
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
Any writinas or documents provided to a maiority of the Plannina Commission regarding any
item on this aaenda (other than writinas legally exempt from public disclosure) will be made
available for public inspection in the Plannina Department located at City Hall. 200 S. Anaheim
Boulevard. Anaheim. California. durina reaular business hours.
• Recess To Public Hearing
• Reconvene To Public Hearing 2:30 P.M.
• Pledge Of Allegiance
• Appreciation Plaque Presented to Commissioner Pat Velasquez
• Public Comments
• Consent Calendar
• Public Hearing Items
• Commission Updates:
• Adjournment
You may leave a message for the Planning Commission using the following
e -mail address: olanninacommission(a anaheim.net
Reports and Recommendations
ITEM NO. 1A
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.
CEQA CLASS 1 CATEGORICAL EXEMPTION AND
CONDITIONAL USE PERMIT NO. 2007 -05189
(Tracking No. CUP2008- 053281.
Owner: Michael Daskalakis
300 North Wilshire Avenue
Anaheim, CA 92801
Applicant: Theodoros Daskalakis
P.O. Box 3880
Anaheim, CA 92803
Location: 2401 West Lincoln Avenue: Property is
approximately 0.53 -acre, located at the northwest
corner of Lincoln Avenue, and Gilbert Street,
having approximate frontages of 127 feet on the
north side of Lincoln Avenue and 120 feet on the
west side of Gilbert Street
Request for review of final elevations plans to comply with
conditions of approval for a previously- approved commercial
retail center.
Motion
Project Planner:
Scott Koehm
SKoehm @anaheim.net
06/23/08
Page 2of11
ITEM NO. 1B
SUBSEQUENT EIR NO. 334 (PREVIOUSLY - CERTIFIED). Motion
AND REQUEST FOR INITIATION OF AN AMENDMENT TO
THE PLATINUM TRIANGLE MASTER LAND USE PLAN
(Tracking No. MIS2008- 002551
AND THE PLATINUM TRIANGLE MIXED USE OVERLAY
ZONE (ZCA NO. 2008 - 000681
Applicant: New Urban West Inc.
1733 Ocean Avenue Suite 350
Santa Monica, CA 90401
Location: The Platinum Triangle: Property encompasses
approximately 820 acres located at the confluence
of the Interstate 5 Freeway and the SR -57
Freeway, west of the Santa Ana River channel,
south of the Southern California Edison easement,
and north of the Anaheim City limit.
Request for Planning Commission initiation of applications to
consider an amendment to The Platinum Triangle to transfer
68,000 square feet of commercial space and 119,000 square
feet of office space from The Platinum Triangle, Gateway
District (Subarea A) to the Gene Autry District (Subarea B) in
connection with a proposed amendment to the Experience at
Gene Autry Way project.
ITEM NO. 1C
CEQA MITIGATED NEGATIVE DECLARATION
(PREVIOUSLY — APPROVED).
CONDITIONAL USE PERMIT NO. 2007 - 05241
(Tracking No. CUP2008- 053281
Owner: Karcher Partners
1200 North Harbor Boulevard
Anaheim, CA 92801
Applicant: DMJM Design
999 Town and Country Road
Orange, CA 92868
Location: 1325 North Anaheim Boulevard
Request a determination of substantial conformance with
previously- approved colored renderings.
Project Planner:
Scott Koehm
SKoehm @anaheim.net
Motion
Project Planner:
Kimberly Wong
Kwong2 @anaheim.net
06/23/08
Page 3 of 11
Minutes
ITEM NO. ID
Receiving and approving the Minutes from the Planning
Commission Meeting of May 28, 2008.
NOTE: Meeting minutes have been provided to the Planning
Commission and are available for review at the
Planning Department.
Motion
06/23/08
Page 4 of 11
Public Hearina Items:
ITEM NO. 2
CEQA NEGATIVE DECLARATION AND
CONDITIONAL USE PERMIT NO. 2008 -05326 WITH A
WAIVER OF CODE REQUIREMENTS
Owner: Caruthers Properties
2107 Yacht Mischief
Newport Beach, CA 92660
Applicant: Anaheim Redevelopment Agency
201 South Anaheim Boulevard, Suite 1003
Anaheim, CA 92805
Location: 502 - 524 East Julianna Street: Property is
approximately 1.68 acres, located at the
southeast corner of Julianna Street and
Sabina Street.
Request to permit a towing service and impound yard with
the washing of towing vehicles and a waiver of minimum
number of required parking spaces.
ITEM NO. 3
CEQA NEGATIVE DECLARATION AND Resolution No.
TENTATIVE PARCEL MAP NO. 2007 -232
Owner: North Anaheim Associates
3185 Pullman Avenue
Costa Mesa, CA 92626
Applicant: BKM Development
3185 Pullman Avenue
Costa Mesa, CA 92626
Location: Assessor Parcel No. 035 - 010 -80: Property
is approximately 4.61 acres, having a frontage
of 131 feet on the west side of Patt Street and
229 feet on the west side of Kemp Street
approximately 452 feet north of the centerline
of La Palma Avenue.
Request to establish a 3 -lot industrial subdivision.
Resolution No.
Project Planner:
Kimberly Wong
Kwong2 @anaheim.net
Project Planner:
Kimberly Wong
Kwong2 @anaheim.net
06/23/08
Page 5 of 11
ITEM NO. 4
CEQA CATEGORICAL EXEMPTION. CLASS 1. AND Resolution No.
CONDITIONAL USE PERMIT NO. 2008 -05324
Owner: Lawrence A Greco
P. O. Box 473
Kihei, HI 96753
Applicant: Dick Evitt
5905 Winncliff Drive
Riverside, CA 92509
Location: 1695 West Lincoln Avenue: Property is
approximately 0.44- acres, having a frontage
of 143 feet on the north side of Lincoln
Avenue and is located approximately 100 feet
east of the centerline of Euclid Street.
Request to permit the retail sales and installation of
automobile wheels, tires, window tinting, audio systems
and auto detailing and upholstery.
ITEM NO. 5
CEQA NEGATIVE DECLARATION
(PREVIOUSLY- APPROVED)AND AMENDMENT TO
CONDITIONAL USE PERMIT NO. 4033
(Trackino No. CUP2008- 053181
Owner: Kindred Community Church
8712 East Santa Ana Canyon Road
Anaheim, CA 92808
Applicant: Terry Jacobson
J7 Architecture, Inc.
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
Location: 8712 East Santa Ana Canyon Road:
Property is approximately 37 acres, having a
frontage of 155 feet on the south side of
Santa Ana Canyon Road approximately 3,759
feet west of the centerline of Gypsum Canyon
Road.
Request to amend exhibits for a previously- approved
church to add three modular units for Sunday school
classrooms.
Project Planner:
Diane Bathgate
dbathgate@anaheim.net
Resolution No.
Project Planner:
Elaine Thienprasiddhi
ethien @anaheim.net
06/23/08
Page 6 of 11
ITEM NO. 6
CEQA EIR NO. 189 ADDENDUM TO KOLL ANAHEIM
CENTER (PREVIOUSLY - CERTIFIED) AND
TENTATIVE TRACT MAP NO. 17251
Owner: Mike Mcguirk
CIM Group
6922 Hollywood Boulevard, 9th Floor
Los Angeles, CA 90028
Location: 203 South Anaheim Boulevard. 290 South
Lemon Street. and 180 West Center Street
(Parcels Al — A3 within Downtown
Anaheim): Property is approximately 2.5
acres and is located at the southwest corner
of Anaheim Boulevard and Center Street
Promenade, with frontages of 173 feet on the
west side of Anaheim Boulevard, 429 feet on
the north side of Broadway, and 283 feet on
the south side of Center Street Promenade.
Requests to establish a 14 -lot (1- lettered and 13-
numbered) airspace subdivision for an existing mixed use
project.
ITEM NO. 7
CEQA CATEGORICAL EXEMPTION, CLASS 1. AND Resolution No.
REQUEST FOR DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO. 2008 -00044
Owner: Wayne Morganthaler
32 Sidney Bay Drive
Newport Coast, CA 92657 -2105
Applicant: Trac Bao Gong Bui and Van Le Dinh
511 West Chapman Avenue
Anaheim, CA 92802
Location: 511 West Chapman Avenue: Property is
approximately 1.7 acres and is located 324
feet east of Harbor Boulevard, with a frontage
of 373 feet on the north side of Chapman
Avenue (Orange Mini Market).
Request to exchange an existing Type 20 ABC beer and
wine license to a Type 21 ABC license allowing beer, wine,
and distilled spirits for off - premises consumption as an
accessory use to its primary operation as a convenience
market.
Resolution No.
Project Planner:
David See
dsee @anaheim.net
Project Planner:
David See
dsee @anaheim.net
06/23/08
Page 7 of 11
ITEM NO. 8
CEQA DETERMINATION: SECTION 21080 PUBLIC Motion
RESOURCES CODE EXEMPTION AND
ZONING CODE AMENDMENT NO. 2008 -00067
Applicant: Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: Citywide
This is a request initiated by the City of Anaheim Planning
Department to amend a section of Title 7 (Morals and
Conduct) and various sections of Title 18 (Zoning) of the
Anaheim Municipal Code as follows: Title 7 - to amend
Chapter 7.24 (Handbills) by adding language related to the
distribution of handbills at public venues; Title 18 - to
amend Chapter 18.38 (Supplemental Use Regulations) by
adding special event provisions for The Platinum Triangle,
to clarify existing citywide special event provisions and to
amend provisions related to the establishment of carnivals
and circuses; to amend Chapter 18.10 (Industrial Zone) to
clarify permitted outdoor activities; to amend Chapter
18.04 (Single - Family Residential Zones) to amend various
sections pertaining to permitted encroachments for
accessory uses /structures; and to amend Chapter 18.52
(Density Bonus) pertaining to application review to provide
consistency with recent changes in project processing
procedures.
Request for continuance
to August 4, 2008
Project Planner:
Vanessa Norwood
vnorwood@anaheim.net
06/23/08
Page 8 of 11
ITEM NO. 9
CEQA MITIGATED NEGATIVE DECLARATION
(PREVIOUSLY- APPROVED) AND
RECLASSIFICATION NO. 2008 -00217
Applicant: Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92808
Location: 8300 — 8306 East La Palma Avenue:
Property is approximately 3.7 acres, located at
the southeast corner of La Palma Avenue and
Weir Canyon Road having frontages of 776
feet on the south side of La Palma Avenue
and 321 feet on the east side of Weir Canyon
Road.
This is a request initiated by the City of Anaheim Planning
Department to reclassify the western 1.95 -acre portion of
subject property from the CG (SC) (General Commercial,
Scenic Corridor Overlay) zone, to the OS (SC) (Open
Space, Scenic Corridor Overlay) zone.
Resolution No.
Project Planner:
Vanessa Norwood
vnorwood@anaheim.net
Adjourn to Monday, July 7, 2008 at 1:30 P.M. for
Preliminary Plan Review
06/23/08
Page 9 of 11
SCHEDULE
2008
July 7
July 21
(No items scheduled — Meeting cancelled)
August 4
August 18
September 3 (Wed.)
September 15
September 29
October 13
October 27
November 10
November 24
December 8
December 22 (Cancelled)
1
06/23/08
Page 11 of 11
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
.10:00 a.m. June 19, 2008
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
If you challenge any one of these City of Anaheim decisions in court, you may be
limited to raising only those issues you or someone else raised at the public hearing
described in this notice, or in a written correspondence delivered to the Planning
Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits and Variances will be final 22 days after Planning Commission
action and any action regarding Tentative Tract and Parcel Maps will be final 10 days
after Planning Commission action unless a timely appeal is filed during that time. This
appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in
an amount determined by the City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for
public hearing before the City Council at the earliest possible date. You will be notified
by the City Clerk of said hearing.
ANAHEIM PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Planning Department, (714) 765 -5139.
Notification no later than 10:00 a.m. on the Friday before the meeting will enable the
City to make reasonable arrangements to ensure accessibility to this meeting.
Recorded decision information is available 24 hours a day by calling the Planning
Department's Automated Telephone System at 714 - 765 -5139.
06/23/08
Page 10 of 11
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Anaheim Planning Commission Agenda - 2:30 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim Planning Commission or public comments on agenda items with the exception of
public hearing items.
Consent Calendar:
The items on the Consent Calendar will be acted on by one roll call vote. There will be no
separate discussion of these items prior to the time of the voting on the .motion unless
members of the Planning Commission, staff or the public request the item to be discussed
and/or removed from the Consent Calendar for separate action.
Resorts and Recommendations
ITEM NO. 1 A
CEOA CLASS 1 CATEGORICAL EXEMPTION AND Motion
CONDITIONAL USE PERMIT NO. 2007-05189
~Trackina No. CUP2008-053281
Owner: Michael Daskalakis
300 North Wilshire Avenue
Anaheim, CA 92801
Applicant: Theodoros Daskalakis
P.O. Box 3880
Anaheim, CA 92803
Location: 2401 West Lincoln Avenue: Property is
approximately 0.53-acre, located at the northwest
corner of Lincoln Avenue, and Gilbert Street,
having approximate frontages of 127 feet on the
north side of Lincoln Avenue and 120 feet on the
west side of Gilbert Street
Request for review of final elevations plans to comply with Projecr Pianner.•
conditions of approval for apreviously-approved commercial Scott Koenm
retail Center. SKoehm@anaheim.net
06/23/08
Page 2 of 11
ITEM NO. 1 B
Applicant: New Urban West Inc.
1733 Ocean Avenue Suite 350
Santa Monica, CA 90401
Location: The Platinum Triangle: Property encompasses
approximately 820 acres located at the confluence
of the Interstate 5 Freeway and the SR-57
Freeway, west of the Santa Ana River channel,
south of the Southern California Edison easement,
and north of the Anaheim Ciry limit.
Request for Planning Commission initiation of applications to
consider an amendment to The Platinum Triangle to transfer
68,000 square feet of commercial space and 119,000 square
feet of office space from The Platinum Triangle, Gateway
District (Subarea A) to the Gene Autry District (Subarea B) in
connection with a proposed amendment to the Experience at
Gene Autry Way project.
ITEM NO. 1 C
CEOA MITIGATED NEGATIVE DECLARATION
(PREVIOUSLY -APPROVED)
CONDITIONAL USE PERMIT NO. 2007-05241
(Tracking No. CUP2008-05328)
Owner: Karcher Partners
1200 North Harbor Boulevard
Anaheim, CA 92801
Applicant: DMJM Design
999 Town and Country Road
Orange, CA 92868
Location: 1325 North Anaheim Boulevard
Request a determination of substantial conformance with
previously-approved colored renderings.
Motion
Project Planner:
Scott Koehm
SKoehm ®anaheim.net
Motion
Project Planner:
Kimberly Wong
KWOng2C~Janaheim.net
06/23/08
Page 3 of 11
inut
ITEM NO. 1 D
Receiving and approving the Minutes from the Planning
Commission Meeting of May 28, 2008.
P1OTE: Meeting minutes have been provided to the Planning
Commission and are available for review at the
Planning Department.
Motion
06/23/08
Page 4 of 11
Public liearino Items:
ITEM N0.2
Owner: Caruthers Properties
2107 Yacht Mischief
Newport Beach, CA 92660
Applicant: Anaheim Redevelopment Agency
201 South Anaheim Boulevard, Suite 1003
Anaheim, CA 92805
Location: 502 - 524 East Julianna Street: Property is
approximately 1.68 acres, located at the
southeast corner of Julianna Street and
Sabina Street.
Request to permit a towing service and impound yard with
the washing of towing vehicles and a waiver of minimum
number of required parking spaces.
.ITEM NO.3
CEQA NEGATIVE DECLARATION AND
TENTATIVE PARCEL MAP NO. 2007-232
Owner: North Anaheim Associates
3185 Pullman Avenue
Costa Mesa, CA 92626
Applicant: BKM Development
3185 Pullman Avenue
Costa Mesa, CA 92626
Location: Assessor Parcel No. 035-010-80: Property
is approximately 4.61 acres, having a frontage
of 131 feet on the west side of Patt Street and
229 feet on the west side of Kemp Street
approximately 452 feet north of the centerline
of La Palma Avenue.
Request to establish a 3-lot industrial subdivision.
Resolution No.
Project Planner:
Kimberly Wong
Kwong2 ®anaheim.net
Resolution No.
Project Planner.
Kimberly Wong
Kwong2 @anaheim. net
06/23/08
Page 5 of 11
ITEM NO. 4
Owner: Lawrence A Greco
P. O. Box 473
Kihe, HI 96753
Applicant: Dick Evitt
5905 Winncliff Drive
Riverside, CA 92509
Location: 1695 West Lincoln Avenue: Property is
approximately 0.44-acres, having a frontage
of 143 feet on the north side of Lincoln
Avenue and is located approximately 100 feet
east of the centerline of Euclid Street.
Request to permit the retail sales and installation of
automobile wheels, tires, window tinting, audio systems
and auto detailing and upholstery.
ITEM NO.5
Owner:: Kindred Community Church
8712 East Santa Ana Canyon Road
Anaheim, CA 92808
Applicant: Terry Jacobson
J7 Architecture, Inc.
1470 Jamboree Road, Suite 200
Newport Beach, CA 92660
Location: 8712 East Santa Ana Canyon Road:
Property is approximately 37 acres, having a
frontage of 155 feet on the south side of
Santa Ana Canyon Road approximately 3,759
feet west of the centerline of Gypsum Canyon
Road.
Request to amend exhibits for apreviously-approved
church to add three .modular units for Sunday school
classrooms.
Resolution No.
Project Planner.
Diane Bathgate
dbathgate (~?anaheim. net
Resolution No.
Project Planner:
Elaine Thienprasiddhi
ethien ®anaheim.net
06/23/08
Page 6 of 11
ITEM NO. 6
TENTATIVE TRACT MAP NO. 17251
Owner: Mike Mcguirk
CIM Group
6922 Hollywood Boulevard, 9th Floor
Los Angeles, CA 90028
Location: 203 South Anaheim Boulevard, 290 South
Lemon Street, and 180 West Center Street
(Parcels Al - A3 within Downtown
Anaheim): Property is approximately 2.5
acres and is located at the southwest corner
of Anaheim Boulevard and Center Street
Promenade, with frontages of 173 feet on the
west side of Anaheim Boulevard, 429 feet on
the north side of Broadway, and 283 feet on
the south side of Center Street Promenade.
Requests to establish a 14-lot (1-lettered and 13-
numbered) airspace subdivision for an existing mixed use
project.
ITEM NO.7
Owner: Wayne Morganthaler
32 Sidney Bay Drive
Newport Coast, CA 92657-2105
Applicant: Trac Bao Cong Bui and Van Le Dinh
511 West Chapman Avenue
Anaheim, CA 92802
Location: 511 West Chapman Avenue: Property is
approximately 1.7 acres and is located 324
feet east of Harbor Boulevard, with a frontage
of 373 feet on the north side of Chapman
Avenue (Orange Mini Market).
Request to exchange an existing Type 20 ABC beer and
wine license to a Type 21 ABC license allowing beer, wine,
and distilled spirits for off-premises consumption as an
accessory use to its primary operation as a convenience
market.
Resolution No.
Project Planner.
David See
dseeC~?anaheim.net
Resolution No.
Project Planner:
David See
dsee @anaheim. net
06/23/08
Page 7 of 11
ITEM NO. 8
CEQA DETERMINATION: SECTION 21080 PUBLFC
RESOURCES CODE EXEMPTION AND
ZONING CODE AMENDMENT NO. 2008-00067
Applicant: Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92805
Location: Citywide
This is a request initiated by the City of Anaheim Planning
Department to amend a section of Title 7 (Morals and
Conduct) and various sections of Title 18 (Zoning) of the
Anaheim Municipal Code as follows: Title 7 - to amend
Chapter 7.24 (Handbills) by adding language related to the
distribution of handbills at public venues; Title 18 - to
amend Chapter 18.38 (Supplemental Use Regulations) by
adding special event provisions for The Platinum Triangle,
to clarify existing citywide special event provisions and to
amend provisions related to the establishment of carnivals
and circuses; to amend Chapter 18.10 (Industrial Zone) to
clarify permitted outdoor activities; to amend Chapter
18.04 (Single-Family Residential Zones) to amend various
sections pertaining to permitted encroachments for
accessory uses/structures; and to amend Chapter 18.52
(Density Bonus) pertaining to application review to provide
consistency with recent changes in project processing
procedures.
Motion
Request for continuance
to August 4, 2008
Project Planner.
Vanessa Norwood
vnonvoodC~?anaheim.net
06/23/08
Page 8 of 11
ITEM NO. 9
CEOA MITIGATED NEGATIVE DECLARATION
(PREVIOUSLY-APPROVED) AND
RECLASSIFICATION NO. 2008-00217
Applicant: Planning Department
City of Anaheim
200 South Anaheim Boulevard
Anaheim, CA 92808
Location: 8300 - 8306 East La Palma Avenue:
Property is approximately 3.7 acres, located at
the southeast corner of La Palma Avenue and
Weir Canyon Road having frontages of 776
feet on the south side of La Palma Avenue
and 321 feet on the east side of Weir Canyon
Road.
This is a request initiated by the City of Anaheim Planning
Department to reclassify the western 1.95-acre portion of
subject property from the CG (SC) (General Commercial,
Scenic Corridor Overlay) zone, to the OS (SC) (Open
Space, Scenic Corridor Overlay) zone.
Project Planner.
Vanessa Norwood
vnorwood ~anaheim. net
Adjourn to Monday, August 4, 2008 at 1:00 P.M. for
Preliminary Plan Review
(No items scheduled for the
July 7 and July 21, 2008 Meetings)
06/23/08
Page 9 of 11
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
10:00 a.m. June 19, 2008..
(TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED: (Original Signed by Grace Medina)
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.
06/23/06
Page 10 of 11
SCHEDULE
2008
July 7
No items scheduled -Meeting cancelled)
July 21
No items scheduled - Meetin cancelled
August 4
August 18
September 3 (Wed.)
September 15
September 29
October 13
October 27
November 10
November 24
December 8
December 22 (Cancelled)
osizsioa
Page 11 of 11
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June 23, 2008
Subject Property
Conditional Use Permit No. 2007-05189
2401 West Lincoln Avenue
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AT1'AC][~MENI' NO.1
PLANNING COMMISSION AGENDA REPORT
City of Anaheim
PLANNING DEPARTMENT
DATE:. APRIL 28, 2008
FROM: PLANNING SERVICES MANAGER
SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05189
LOCATION: 2401 West Lincoln Avenue
APPLICANT/PROPERTY OWNER: The applicant is Theodoros Daskalakis and the
property owner is Michael Daslcalakis.
REQUEST: The applicant requests approval to permit a commercial retail center with a
landscape setback adjacent to Gilbert Street that is less than required by Code.
RECOMMENDATYON: Staff recommends the Planning Commission adopt the
attached resolution, approdurg a Class 1 Categorical Exemption and Conditional Use
Permit No. 2007-05189.
BACKGROUND: This property is currently developed with a vacant building formerly
used for service station and convenience market uses and is coned General Commercial
(C-G). The General Plan designates this property and properties to the north, east and
west for Low-Medium Density Residential land uses. The properties to the south across
Lincoln Avenue are designated for Low Density Office and Low Density Residential
land uses.
PROPOSAL: The applicant is requesting approval for a commercial retail center with
an 8-foot wide landscape setback adjacent to Gilbert Streetwhere e 10-foot wide setback
is required by Code. The property was previously developed with a service station and
2,135 square foot convenience store. The applicant is proposing to remodel the building
and add an additional 2,774 square feet for a total of 4,909 square feet in 4 retail units.
Although tenants have not yet been secured, the.. applicant has indicated that the
businesses will likely be retail uses such as electronics retailers, food services, clothing
stores, etc. The businesses are anticipated to be open 7 days a week, with typical hours
of 9 a.m. to 6 p.m.
ANALYSIS: Code permits commercial retail centers in the General Commercial zone
subject to the approval of a conditional use permit. The following includes an analysis
of the proposed request.
200 S. Anahelm alvd.
Suite #162
Anahelm, CA 92665
Tel: (714) 765-5139
Fax; p14) 765-5260
www.anaheim.net
CONDITIONAL USE PERMIT N0.2007-05189
Apri128, 2008
Pegc 2 of 2
Building Architecture: The applicant has submitted elevations indicating a mix of modem and `
Greek Revival azchitecture. The building walls consist of a tiled base, stucco wall with small accent
box elements and a cornice trim. The entrances aze designed with Greek-themed porticos with Doric
columns and tile-roofed pediments. While the building is articulated with a finished look for each
elevation, staff has concerns with the mix of architectural styles. Staff recommends a condition of
approval requiring the plans to be reviewed by the City's azclitectural consultant and resubmitted to
Commission for review as a Report and Recommendation item prior to issuance of a building permit.
During the pre-application period, staff recommended that the project be reviewed by the City's
architectural consultant; however, the applicant declined.
Minimum Landscape Setback: The property is just over one-half of an acre in size. The applicant
requests a reduction of the required landscape setback along Gilbert Street from ten to eight feet in
order to provide the Code required driveway width between the existing building and the parking lot.
Staff believes that there is justification for this reduction due to the small size of the property and the
location of the existing building. Further, the design of the parking lot is constrained by the short
distance between the on-site driveways and the street intersection and the design and configuration of
existing driveways on commercial properties to the north and west of the site. In addition, there aze
other commercial properties in the vicinity with landscape setbacks less than required by code. The
property on the northeast comer of Gilbert Street and Lincoln Avenue has a landscaped setback of
approximately nine feet where ten feet is required by Code and two properties on the south side of
Lincoln Avenue have 10-foot setbacks where 15 feet setbacks are required by Code.
CONCLUSION: There aze no outstanding code violations on this property. The proposed
commercial retail center is compatible with the surrounding commercial and residential uses in that it
will provide convenient light retail uses, and the required amount of pazking is provided on-site. Staff
believes that with the proposed conditions of approval, the use would not be detrimental to the area
and recommends approval of the application.
Respectfully submitted,
~~d ~~f~
Principal Planner
Attachments:
1. Project Summary
2, Draft Resolution
3. Letter of Operation
Concun•ed by, ~ ~jL
Planning Services Manager
The following attachments were provided to the Planning Commission and aze available for public
review at the Planning Services Division at City I-Iatl.
4. Site Photographs
5. Plans
ATTACI3MENT NO. 1
PROJECT SUMMARY
Conditional Use Permit No. 2007-05189
`~Da~eloltment proposed Proleef C-G"~ong5tanrlard.4
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Site Area 0.5 acres N/A
Building Setbacks
Adjacent to 35 feet 10 feet
Gilbert Street
Adjacent to 86 feet I S feet
Lincoln Avenue
Interior None None
Landscaped Setbacks
Adjacent to 8 feet 10 feet
Gilbert Street
Adjacent to 15 feet 15 feet
Lincoln Avenue
Buildin Hei t 23 feet 75 feet maximum
27 spaces required based
upon 5.5 spaces per 1,000
Pazking 27 spaces provided squaze feet for retail uses and
food services with 10 seats or
less
A'I'TAC~dI~N'I' Al®. 2
RESOLUTION NO. PC2008-50
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CATEGORICAL EXEMPTION, SECTION 15303, CLASS 1 (EXISTING
FACILITIES) AND APPROVING CONDITIONAL USE PERMIT N0.2007-05189
(2401 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, shown on Exhibit A, attached hereto and incorporated herein by this
reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on April 28, 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;
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. The proposed use to permit a wmmercial retail center is properly one for which a
conditional use permit is permitted under authority of Code Section No. 18.08.030,040.0402
(Commercial Retail Centers) with waiver of the following provision:
SECTION NO. 18.08.060.010.0101 Minimum landscape setbacks:
[I D feet required; 8 feet proposed)
2. Special circumstances apply to the subject property because of the unique size of
this property in wmpazison with surrounding commercial lots, the desire to retain the current
retail building, and the limited locations of driveway placement in proximity to the street
intersection at Lincoln Avenue and Gilbert Street. A 10 foot setback adjacent to Gilbert Street
would limit the development on the subject properiydue to-the small size ofthe property as
compazed to other commercial properties in the.neighborhood.
3. Strict application of the Zoning Code would deprive the property of privileges
enjoyed by other properties with identical zoning in the vicinity as there aze other commercial
properties with setbacks adjacent to Gilbert Street and Lincoln Avenue in the vicinity with
landscaped setbacks less than what is required by Code.
4. The proposed commercial retail center, as conditioned herein, would not
adversely affect the adjoining ]and uses and the growth and development of the azea in which it
_1_ ._
_.... ._. _. PC2008~50 _.._..
is proposed to be located because the retail establislm~ents to be provided aze of a neighborhood
retail variety and should operate seamlessly within the residential neighborhood.
5. The size and shape of the site for the commercial retail center 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. '
6. 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.
7, That no one indicated their presence at said public hearing in opposition; and that
no correspondence was received in opposition to the subject petition.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15303, 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 approve subject Petition for Conditional Use Pennit, 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
Anahehn:
Responsible
No. Conditions of Approval for
Monitorin
TIzYWG P.~1tIDR.TOTS.~77f1NCEDFAB.UILDING.PERMIT'l)R I3'l7HIN.9PERID7).OF '
O7~'E (I) Y~'At FROM"TIiE DATE O~'TH~S RESOZUTIDIV AHICHEVER OGC.URS
FfILSZ' .
1 That final detailed elevation plans including colors and Planning
materials shall be submitted for review by City staff and
provided to the Planning Commission as a "Reports and
Recommendations" itern.
2 Lighting of parking lots, driveway, circulation areas, aisles, Planning
passageways, recesses and grounds contiguous to buildings
shall be provided with lighting ofsufficient wattage to provide
adequate illumination to make cleazly visible the presence of
any person on or about the premises during the hours of
darkness and provide a safe, secure environment for all
persons, property, and vehicles on-site. Said lighting shall be
directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window azeas of the adjacent
residential ro erties. Said information shall be s ecificall
_ _ _.. __ _~_ PG2008-50 -
shown on plans submitted for building permits.
3 Four-foot high street address numbers shall be displayed on the Planning
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
shovcm on Tans submitted for buildin ermits.
4 Fire lanes shall be posted with "No Pazking Any Time." Said Planning
information shall be specifically shown on plans submitted for
buildin ennits.
5 Any new roof-mounted equipment shall be screened from view Planning
in accordance with the requirements of Anaheim Municipal
Code Section 18.38.170 pertaining to the C-G (General
Commercial) Zone. Said information shall be specifically
shown on lens submitted for buildin ermits.
6 A bond shall be posted in an amount approved by the City public
Engineer and a form approved by the City Attorney prior to Works
issuance of a building pemut. A Right of Way Construction
Permit shall be obtained from the Public Works
Department/Develogment Services for all work performed in the
ri t-of-wa .
7 A performance bond shall be posted to guarantee installation of public
right-of--way improvements in an amount approved by the City Wotks
Engineer and a form approved by the City Attorney. A Right of
Way Construction Permit shall be obtained from the Public
Works Deparhnent/Development Services for all work performed
in the right-of--way. The improvements shall be constructed prior
to certificate of occu anc .
8 The property owner shall irevocably offer to dedicate to the Ciry Public
of Anaheim an easement 42- feet in width (10-feet total r/w Works
behind curb is required, therefore a 2 foot additional dedication
from existingright-of--way is necessary) from the centerline of
Gilbert Street for road, public utilities and other public purposes.
Comer cut-off dedication is required at intersection of Gilbert
Street and Lincoln Avenue.
9 A reciprocal access and maintenance agreement for the shared public
driveway shall be executed and recorded with the County of Works
Orange.
10 Plans shall be submitted showing stop control for the western Public
most access to the shared driveway. A stop sign shall be Works
installed and stop legend shall be painted on the driveway in
the westbound direction at the shazed drivewa intersection.
__ ._: _. _ . .. _3__.-._ _.... _. _. _....PG2008-50 _
TIMING: PRIOR TO ISSUA?\'CB OF AGRADING PERMIT
11 A final Water Quality Management Plan shall be submitted to public
the Public Works Department for review and approval. Works
TIMING: l'RdO R ~'O F'IN~L BIIILDINGAND ZONING dNSPECTIQN
12 The applicant shall demonstrate the following: Public
• That all structural BMPs described in the Project WQMP Works
have been constructed and installed in conformance with
approved plans and specifications.
• That the applicant is prepared to implement all non-
structural BMPsdescribed in the Project WQMP
• That an adequate number of copies of the approved
Project WQMP aze available onsite.
• Submit for review and approval by the City an Operation
and Maintenance Plan for all structural BMPs.
13 Remove the existing easterly most driveway approach on Lincoln Public
Avenue and replace with curb, gutter and sidewalk. An ADA Works
compliant curb access ramp with truncated domes shall be
constructed at Lincoln Ave and Gilbert Street in conformance
with Public Works Standard Detail 111-3.
14 An Emergency Listing Card, Form APD-281 shall be Police
completed and submitted in a completed form to the Anaheim
Police Department.
15 Complete aBurglary/Robbery Alarm Permit application, Form Police
APD 516, and return it to the Police Deparhnent prior to initial
alarm activation.
GENERAL C1~1VDI~D11'S - ~ ~ ~ "
16 That all trash generated from the facility shall be properly Planning
contained in trash bins located within approved trash
enclosures. The number ofbins 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.
17 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 are on file with
the Planning Department marked Exhibit Nos. 1 through 3, and
as conditioned herein.
18 Timing for compliance with conditions of approval may be Plannuig
amended by the Plamung Director upon a showing of good
cause rovided i e uivalent timin is established that safisfies
__. _ _4_.:. _ _ .. PC2008-50-
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.
19 Extensions for further time to complete conditions of approval Planning
may be granted in accordance with Section 18.60.170 of the
Anaheim Municipal Code.
20 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, regulafion 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
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 requited
permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of Apri128, 2008. Said zesolution 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 Resolufion in the event of an appeal.
CHAIRMA)QJANAHEIM ~~/ANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleaztor 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 Apri128, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL,
ICARAI{I, ROMERO, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this _~-~ day of
~~y , 2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_._ _6- _ __ ..PC2008-50
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Please note the accuracy le +/- two to five feel.
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June 23, 2008
Subject Property
Miscellaneous Permit No. 2008-00255
Zoning Code Amendment No. 2008-00068
The Platinum Triangle
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TELEPHONE
310.394.3379
FACSIMILE
310.394.6672
NUWI.COM
A'T'TACTI[I~I~1~1T I~1®. 1
Tune 12, 2008
Scott Koehm
Associate Planner
City of Anaheim
200 S. Anaheim Blvd., Suite 162
Anaheim, CA 92805
Re: The Experience at Gene Autry Way Project (1969 South State College Boulevard) -
Platinum Triangle Master Land Use Plan, Platinum Triangle Mixed ><7se Overlay Zone,
and Development Agreement: DAG2006-00004 Amendment Request,
Dear Mr. Koehm:
The Experience at Gene Autry Way was originally approved by Anaheim City Council on
August 21, 2007, and included 1,208 residential dwelling units, 50,000 squaze feet of
commerciaUretail uses, 100,000 squaze feet of office uses and 1.8 acres of public parks on the
17.6-acre site. This request is to secure development rights for an additional 119,000 squaze
feet of office uses and 68,000 square feet of commercial uses above the amounts currently
permitted within the Gene Autry District for the proj ect.
This letter serves as a forznal request to the Planning Commission to initiate an application to
allow the transfer of 119,000 sq. ft. of office and 68,000 squaze feet of retail from Sub-Area A
of the Gateway District to Sub-Area B of the Gene Autry District. With these additions, The
Experience in total would include up to 1,208 residential units, 219,000 square feet of office
uses, 118,000 square feet of commerciaUretail uses and 1.8 acres of public parks on the 17.6-
acre site..
If you have any questions, please contact me at 310-394-3379 or tomz@nuwi.com.
Sincerely,
Tom Zani~
New Urban West, Inc.
Senior Vice President
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REMAl1~G I)Et7EL®PNIENT ®PP®RTIJIVITIES
SiJNiMARY C13ART
IDistrict Permitted Eldstin A roved Remannin
Gene Autry 100,000 s.ff. office (Industrial buildings 100,000 s.f. office n/a
(Sub-Area A) to be demolished in
50,000 s.f. commercial connection with 50,060 s.f. commercial
project)
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Gateway 657,250 s.f. office 3714,000 s.f office 273,250 s.f. office
(Sub-Area B)
120,000 s.f. commercial 120,000 s.f. commercial
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June 23, 2008
Subject Property
Conditional Use Permit No. 2007-05241
Tracking No. CUP 2008-05328
1325 North Anaheim Boulevard
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June 23, 2008
Subject Property
Conditional Use Permit No. 2007-05241
Tracking Rlo. CUP 2008-05328
1325 North Anaheim Boulevard
10557
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ALL PROPERTIES ARE IN THE COMMERCIAL/INOUSTRIAL (NORTH CENTRAL AREA) REDEVELOPMENT AREA Aerial Photo:
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ATTACHMENT NO. 1
ITEM NO. 7
PLANNING COMMISSION AGENDA REPORT
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92005
Tel: (714)765-5139
Fax: (714)765-5260
www.anaheim.net
City of Anaheim
PLANNING DEPARTMENT
DATE: SEPTEMBER 17, 200?
FROM: PLANNING DIRECTOR
SUBJECT: RECLASSIFICATION NO. NO. 2007-00209
CONDITIONAL USE PERMIT NO. 2007-05241
LOCATION: 1325 North Anaheim Boulevard and 401 Carl Karcher Way.
APPLICANT/PROPERTY OWNER: DMJM Design / Karcher Partners, CLP.
REQUEST: The applicant proposes to reclassify the subject property from the General
Commercial (C-G) and Transition (T) zones to the Industrial (I) zone. The proposal also
includes a request for a conditional use permit to construct an office building. The
applicant proposes parking and vehicular accessways within the required landscaped
setback adjacent to Anaheim Boulevard and the SR-91 Freeway.
RECOMMENDATION: Staff recommends that the Commission take the following
action:
(a) By motion, continue the hearing to the October 15, 2007, Planning Commission
meeting to :allow the applicant to revise the proposed elevations.
BACKGROUND: The existing building has been demolished. The property is located
in the General Commercial (C-G), Transition (T) and Industrial (I) zones. The General
Plan designates this property and properties to the .south, east and west for Industrial land
uses. The Riverside Freeway (SR-91) is located to the north of the property. The
property is located within the Merged Redevelopment Area.
PROPOSAL: The applicant proposes to construct a 3-story, 93,360 square foot
professional office building. The building is intended to become the corporate
headquarters for Carl Karcher Enterprises (CKE). Please refer to the project summary
chart attached to the staff report for project details (Attachment No. 1).
ANALYSIS: The proposed office building complies with code with the exception of
the two requested waivers relating to setbacks. To create a parcel with consistent
zoning, the applicant requests to change the zoning of the property. This change will
implement the existing General Plan land use designation of Industrial.. This site is very
visible to the Riverside Freeway and is a part of the gateway into the City. Staff has
concerns with the proposed architecture of the building especially because of its
location. Staff has provided the following analysis and recommendations.
RCCLASSIFiCATION NO. 2007-00209
CONDITIONAL USG PERMIT NO. ?007-052#1
September 17,?007
Page 2 of 3
issue: Proposed Industrial Zoning
The property is located in three (3) zones. The applicant requests to change the zoning
of the property to the Industrial (I) zone to create one consistent zone for the
development. The proposed zoning would implement the General Plan designation of
Industrial for the property. The proposed zoning is also compatible with the zoning of
properties to the south, east, and west.
The Industrial (I) zone permits offices subject to approval of a conditional use permit.
This proposed building would be the headquarters for the company and would serve the
administrative needs of the company.
Issue: Waiver of minimum landscaped setback adjacent to Anaheim Boulevard
Code requires a twenty (20) foot landscape setback adjacent to Anaheim Boulevard, but
the applicant proposes a fifteen (15) foot setback. In order to reduce the required
setback, the Commission must find that the code deprives the property of privileges
enjoyed by other properties in the vicinity or there are special circumstances that apply
to just that property. The properly is unique because it is irregularly shaped with
frontages on two (2) public rights-of--way. These characteristics significantly limit the
amount of usable land area which further limits the ability to provide the minimum
setbacks, required parking, and adequate circulation. The property to the south has an
existing landscape setback of 10 feet. A 10 foot setback would be consistent along this
portion of Anaheim Boulevard. Considering the special circumstances affecting this
property and privileges enjoyed by similarly-zoned properties in the area, staff
recommends approval of this waiver.
Issue: Waiver of minimum landscaped setback adjacent to the Riverside Freeway
(SR-91)
Code requires a fifteen (1 S) foot landscape setback adjacent to the SR-91 Freeway. The
applicant proposes a landscape setback ranging from ten (10) to fifty-nine (59) feet. The
portion of the property adjacent to the SR-91 Freeway has an irregular shape. The
widest portion of the landscape planter is adjacent to the freeway on-ramp where it will
be most visible. The portions of the landscape planter that are only 10 feet wide are
adjacent to freeway right-of--way which has landscaping ranging from sixty (60) to
seventy (70) feet. The landscape plan provides more trees than required by code and a
mixture of landscape plants to compensate for the reduction in depth. Due to the
irregular shape of this property, and its proximity to a landscaped freeway, the intent of
the code is satisfied, so staff recommends approval of this waiver.
Issue: Building Architecture
RECLASSiPICATiON NO. 2007-00209
CONDITIONAL USE P£RMiT NO. 2007-05241
September 17, 2007
Pagc 3 of 3
Staff has concerns over the proposed architecture given this property's highly visible
location. Staff believes it is extremely important for the building to be well articulated
in a manner that is consistent with the Community Design Element of the General Plan.
It is important for the building to be designed to include a visible main entrance, a
complementary range of building colors and materials, breaks in the vertical and
horizontal building lines, and treatment of the roof screen to be better incorporated with
the design of the building. The City's consulting architect concurs with staff s concerns
and has provided some recommendations to alleviate these issues. These
recommendations have been provided to the applicant, but they could not be addressed
in time for this meeting.
Staff is supportive of this request to construct an office building. The proposed building
would be compatible with adjacent land uses in the area. However, staff does not
believe that the proposed elevations will enhance the surrounding neighborhood. This is
a very prominent corner of the City and is highly visible to vehicular traffic along the
freeway. Therefore, staff recommends a continuance of the hearing for the applicant to
redesign the elevations. The applicant believes the proposed elevations incorporates a
variety of colors and the incorporation of horizontal and vertical reveals help to break-up
the horizontal mass of the building. The applicant would like to move forward with this
request and defer any outstanding elevation issues to staff for review and approval.
Respectfully submitted, Concurred by,
Acting Principal Planner Planning Director
Attachments:
1. Project Summary
2. Justification of Waiver Form
3. Draft conditions
4. Mitigation Monitoring Plan
A'TT'ACHMENT No. a
PlaorECT suMMAR~
RECLASSIFICATI®N No. 2007-00209
]Deyelo menf Standard Pro osed Pro'ect I Zone' Standards
Site Area 5.4 Acres N/A
Parkin 373 s aces 373 s aces°
Landscaping Setback
Adjacent to Anaheim 15-59* feet 20 feet
Adjacent to SR-91 10-38* feet 15 feet
Interior 10 feet 0 feet
Building Setback
Adjacent to Anaheim 93-128 feet 50 feet
Adjacent to SR-91 78 feet 25 feet
Interior. 64 feet 0 feet
Floor Area Ratio .39 N/A
Buildin Hei ht 55 feet 100 feet
*Waiver requested.
ITEM NO. i-B
PLANNING COMMISSION AGENDA
City of Anaheim
PLANNING DEPARTMENT
DATE: OCTOBER 29, 2007
FROM: PLANNING SERVICES MANAGER
SUBJECT: CONDITIONAL USE PERMIT NO. 2007-05241
(Tracking No. CUP2007-05265)
LOCATION: 1325 North Anaheim Boulevard and 401 Carl Karcher Way.
APPLICANT/PROPERTYQWNER: The applicant is DMJM Design and the
property owner is Karcher Partners, CLP.
REQUEST: The applicant requests review of final elevation plans to comply with
conditions of approval for apreviously-approved office building.
RECOMMENDATION: Staff recommends that the Commission take the following
actions:
(a) By motion, determine that the previously-approved Mitigated Negative
Declaration is the appropriate environmental determination.
(b) By motion, approve the final elevation plans for Conditional Use Permit No.
2007-05241.
BACKGROUND: The existing building has been demolished. The property is located
in the General Commercial (C-G), Transition (T) and Industrial (I) zones. The General
Plan designates this properly and properties to the south, east and west for Industrial land
uses. The Riverside Freeway (SR-91) is located to the north of the property. The
properly is located within the Merged Redevelopment Area.
Reclassification No. 2007-00209 and Conditional Use Permit No. 2007-05241, to
change the zoning of the property to the Industrial (I) zone and to construct a 3-story
office building was approved by the Planning Commission on September 17, 2007. The
first reading of the change of zone is scheduled for consideration by the City Council in
November. Resolution No. PC2007-111, adopted in conjunction with the conditional
use permit, required the final elevation plans be reviewed by the Planning Commission
as a Reports and Recommendations item.
200 5. Anaheim Blvd.
Suile #'162
Anaheim, CA 92805
Tel: (714) 765-5739
Fax: (714)765-5280
www.anaheim.nei
CONDITIONAL USG I'ERbfIT NO. 2007-05241
pclober 29, 2007
Page ? of 2
Prior to the September hearing, the Department of Transportation District 12 Office (CalTrans)
submitted comments regarding the Traffic Impact Analysis completed for the Mitigated Negative
Declaration. A representative of the agency further indicated his agency's concerns at the
hearing regarding potentially unmitigated impacts due to the project. Since the hearing, staff has
provided a response to the questions raised by the agency by providing clarification regarding the
methodology for the study. CalTrans is satisfied with the City's response. Modifications to the
site plan and additional conditions or mitigation measures were not required.
PROPOSAL: At the Commission meeting of September 17, 2007, the Commission and staff
raised concerns regarding the proposed architecture given the property's highly visible location.
The building lacked a visible main entrance, a complementary range of building colors and
materials, breaks in the vertical and horizontal building lines, and treatment of the roof screen.
At the meeting, the Commission reviewed sketches from the City's architectural consultant
which provided examples on how the vertical and horizontal building lines could be broken-up.
The Commission indicated that providing an architectural contrast through the use of color and
materials, between the entry and corners of the building would help to break-up the length of the
building. The Commission required final review of the elevations.
To address Commission concerns, the applicant revised the elevation plans to include detailed
fapade treatments including reveals at the comers and center of the building, stone between the
reveals to provide a variation in surface treatment, stone trim on the first floor of the building, a
variety of colors, and a metal canopy to accentuate the building entrance. These are elements
that were taken from the sketches provided by the City's architectural consultant.
ANALYSIS: Staff believes the proposed changes have addressed the Commission's concerns.
The incorporation of reveals at the ends of the building anchors the building and provides a
contrast with the smooth concrete. The use of reveals and a canopy in the middle of the building
highlights the entrance. The change of colors at the corners and center of building also
accentuates the main entrance. The stone enhancements provide added interest to the
architecture of the building. Although the revised plans do not match the architectural style of
the building design that was favored at the meeting, the applicant has proposed elements shown
in that rendering and applied it to the contemporary style building proposed. The elevations are
designed in a manner that is consistent with the Community Design Element of the General Plan.
Therefore, staff recommends approval of this request.
Respectfully submitted, Concurred by,
Acting Principal Planner Planning Services Manager
ATTACHMENT NO. 2
RESOLUTION NO. PC2007-111
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2007-05241 BE GRANTED'
(1325 NORTH ANAHEIM BOULEVARD AND 401 CARL KARCHER WAY)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange,
State of California, described as:
THAT PORTION OF PARCEL 2 AND 3, TOGETHER WITH THAT
PARCEL OF LAND DESIGNATED AS (RESIDUAL). IN THE CITY OF
ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FIELD IN BOOK 110. PAGES 30 AND 31 OF PARCEL
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, DESCRIBED AS FOLLOWS:
PARCEL 1:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF
SAID PARCEL 2 WITH THE WESTERLY LINE OF ANAHEIM.
BOULEVARD (FORMERLY KNOWN AS LEMON STREET);
THENCE ALONG SAID WESTERLY LINEN 0°02" 38"W 394.60 FEET;
THENCE 89°51'22" E 5.00 FEET;
THENCE N 00°02' 38" W 100.00 FEET;
THENCE 8°34'28"W 101.12 FEET;
THENCE N 9°49'32" W 82.89 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN PARCEL DESIGNATED AS RESIDUAL;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL
N 85°43'02" E 76.78 FEET;
THENCE 82°56'35" W 63.32 FEET;
THENCE S 63°3753" W 138.10' FEET TO AN ANGLE POINT IN THE
NORTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID NORTHERLY LINES 63°55'29" W 57.391 FEET;
THENCE S 52°29'39" W 128.50 FEET
THENCE LEAVING SAID NORTHERLY LINES 26" 22' 12" E 144.94 FEET;
THENCE S 0°Ol' 12" E 368.54 TO A POINT ON THE SOUTHERLY LINE
OF SAID PARCEL 2;
THENCE ALONG SAID SOUTHERLY LINEN 89°54'00" E 387.19 FEET
TO THE POINT OF BEGINNING
EXCEPTING THEREFROM THAT PORTION IN FINAL ORDER OF
CONDEMNATION RECORDED JANUARY 23, 2001 AS INSTRUMENT
N0.20010039326 OF OFFICIAL. RECORDS.
PARCEL 1 CONTAINS 5.682 ACRES
PARCEL2
-1- PC2007-111
PARCEL 2 AND 3. TOGETHER WITH THAT PARCEL OF LAND
DESIGNATED AS (RESIDUAL). IN THE CTI'Y OF ANAHEIM, COUNTY
OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FIELD IN
BOOK 110, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY, EXCEPTION
THEREFROM THE FOLLOWING PORTION OF LAND:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY LINE OF
SAID PARCEL 2 WITH THE WESTERLY LINE OF ANAHEIM
BOULEVARD (FORMERLY KNOWN AS LEMON STREET);
THENCE ALONG SAID WESTERLY LINEN 0°02" 38"W 394.60 FEET;
THENCE N 89°57' 22" E 5.00 FEET;
THENCE N 00°02'38" W 100.00 FEET
THENCE 8°34'28"W 101.12 FEET;
THENCE N 9°49'32" W 82.89 FEET TO THE NORTHERLY LINE OF THAT
CERTAIN PARCEL DESIGNATID AS RESIDUAL;
THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL
N85°43'02'B 76.78 FEET;
THENCE S 82°56'35" W 63.32 FEET;
THENCE S 63°3753" W 138.10 FEET TO AN ANGLE POINT IN THE
NORTHERLY LINE OF SAID PARCEL 2;
THENCE ALONG SAID NORTHERLY LINES 63°55'29"W 57.91 FEET;
THENCE S 52°29'39"W 128.50 FEET;
THENCE LEAVING SAID NORTHERLY LINES 26" 22' 12" E 144.94 FEET;
THENCE S 0°Ol' 12" E 368.54 TOA POINT ON THE SOUTHERLY LINE OF
SAID PARCEL 2;
THENCE ALONG SAID SOUTHERLY LINEN 89°54'00" E 387.19 FEET
TO THE POINT' OF BEGINNING
ALSO EXCEPTING THEREFROM THAT PORTION IN FINAL ORDER OF
CONDEMNATION RECORDED JANUARY 23, 2001 AS INSTRUMENT
NO. 20110039326 OF OFFICIAL RECORDS.
PARCEL 2 CONTAINS 4.05 ACRES
NOTE: BEARING AND DISTANCES HEREON ARE FROM RECORD
INFORMATION PER PARCEL MAP RECORDED IN BOOK 110 PAGES 30
AND 31 OF PARCEL MAPS
BASIS OF BEARINGS:
THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING OF
CENTER LINE OF ANAHEIM BOULEVARD BEING N 0°02'38"W PER
PARCEL MAP RECORDED IN BOOK 110 PAGES 30 AND 31 OF PARCEL
MAPS.
-2- PC2007-111
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on September 17, 2007, at 2:30 p.m., notice of said public hearing having been-
duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and
to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:
1. That the proposed use, to construct an office building is properly one for which a
conditional use permit is authorized by Anaheim Municipal Code Section 18.10.030.040 (Offices -
General) with waivers of the following:
(a) SECTION NO. 18.10:060.020.0201.02
(b) SECTION NO. 18.10.060.020.0202.02
Minimum landscape setback
adiacent to an arterial
(20 feet required; 15 feet proposed)
Minimum landscape setback
abuttine a freewav right-of-way.
(15 feet required; 10 feet proposed)
2. That the above-mentioned waiver (a) is hereby approved as the site is unique because of
the property's irregulaz shape with frontages on two (2) public rights-of-way which significantly limits
the amount of usable land area which further limits the ability to provide the minimum setbacks,
required parking, and adequate circulation. The proposed setback would be consistent with the
property to the south along Anaheim Boulevazd has an existing landscape setback of ten (10) feet.
3. That the above-mentioned waiver (b) is hereby approved as the portion of the property
adjacent to the SR-91 Freeway has an irregulaz shape. The widest portion of the landscape planter is
adjacent to the freeway on-ramp where it will be most visible and the portions of the landscape planter
of only ten (10) feet is adjacent to the freeway right-of-way which has landscaping ranging from sixty
(60) to seventy (70) feet wide.
4. That the proposed office building as conditioned herein would not adversely affect the
adjoining land uses and the growth and development of the azea in which it is proposed to be located.
5. That the size and shape of the size for the use is adequate to allow the full development
of the proposed use in a manner not detrimenta] to the particulaz area or to the health and safety.
6. 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.
7. That a person representing Caltrans spoke with concerns/questions pertaining to the
traffic analysis.
-3- PC2007-111
CALIFORNIA ENVIRONMENTAL OUALTI'Y ACT FINDING: That the Anaheim
Planning Commission has reviewed the proposal and does hereby approve the Mitigated Negative _ -
Declazation and the associated Mitigation Monitoring Plan No. 146 upon finding that the declaration
reflects the independent judgment of the lead agency and that it has considered the Mitigated Negative
Declazation 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 safety and general welfare of the Citizens of the City of Anaheim:
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 cleazly visible the presence of any person on or about the premises
during the hours of dazkness and provide a safe, secure environment for all persons, property, and
vehicles on-site. Said information shall be specifically shown on plans submitted for Police
Department, Community Services Division approval.
2. That an on-site trash tntck tum-azound shall be provided per Engineering Standazd Detail No. 476
and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division.
Said tum-azound area shall be specifically shown on plans submitted for building permits.
3. That a plan sheet for solid waste storage, collection, and a plan for recycling shall be submitted to the
Public Works Department, Street and Sanitation for review and approval.
4. That trash storage aeeas shall be provided and maintained in a location acceptable to the Public
Works Department and in accordance with approved plans on file with said Department. Said
storage aeeas shall be designed, located and screened as not to be readily identifiable from adjacent
streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by
the use of plant materials such as minimum one-gallon size clinging vines planted on maximum a-
foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted
for building permits.
5. That 4-foot high street 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 building permits.
6. That all new bacllcfllow equipment shall be located above ground and outside of the street setback azea
in a manner fully screened from all public streets, Any other lazge water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
-4- PC2007-111
of the street setback azea in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by the Water Engineering
Department.
7. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
8. That since this project has a landscaping azea exceeding 2,500 squaze feet, a sepazate irrigation meter
shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code. Said
information shall be specifically shown on plans submitted for building permits.
9. That all existing water services and fire lines shall conform to current Water Service Standazds
Specifications. Any water service and/or fire line that does not meet current standazds shall be
upgraded if continued use is necessary or abandoned if the existing water service is no longer
needed. The owner/developer shall be responsible for the costs to upgrade or to abandon any water
service of the fire line.
10. That the developer shall improve Anaheim Boulevazd with an 8-foot wide parkway and 5-foot wide
sidewalk. The curb may remain in place and does not need to be relocated. Said information shall
be specifically shown on plans submitted for building permits.
11. That the pazkway and sidewalk along Anaheim Boulevard shall be constructed with the pazkway
irrigation connected to the on-site irrigation system and maintained by the property owner. A bond
for the required improvements shall be posted in an amount approved by the City Engineer and a
form approved by the City Attorney prior to issuance of a building permit. A Right of Way.
Construction Permit shall be obtained from the Development Services Division for al] work
performed in the right-of-way. The improvements shall be constructed prior to final building and
zoning inspections.
12. That the locations for future above-.ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications .and cable devices, etc., shall be shown
on plans submitted for building permits. Plans shall also identify the specific screening treatments of
each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.).
13. That any existing public or private easements on the property that conflict with the building footprint
shall be abandon prior to issuance of building permits.
14. That any required relocation of City electrical facilities shall be at the developer's expense.
15. That gates shall not be installed across any driveway in a manner which may adversely affect
vehiculaz traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standazd Plan No. 609 and shall be subject to the review and approval of the City Traffic and
Transportation Manager prior to issuance of a building permit. Said information shall be specifically
shown on plans submitted for building permits.
-5- PC2007-111
16. 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.
17. That all plumbing or other similaz 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.
18. That street improvement plans shall be submitted for the modified traffic signal and related traffic
circulation improvements at the intersection of Commercial Street and Anaheim Boulevazd to the
Public Works Department, Development Services Division for review and approval.,
19. That a bond shall be posted for all traffic related street improvements, including, but not limited to,
traffic signals(including modification of the signals and relocation of signal poles and equipment),
directional signage, striping, and median islands as required for said project.
20. That a performance bond shall be posted to guazantee installation of right-of-way improvements in
an amount approved by the City Engineer and a form approved by the City Attorney. A Right-of-
way Construction Permit shall be obtained from the Development Services Division for all work
performed in [he right-of-way. The improvements shall be made prior to certificate of occupancy.
21. 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.
Prior to issuance of a grading permit, the following conditions shall be complied with:
22. That grading plans shall be submitted to the Public Works Department, Development Services
Division to improve Anaheim Boulevazd in conformance with Public Works Standard Detail No.
110-B and the Department of Public Works Landscape and Irrigation Manual for Public Streets,
Highway, Right-of-way and Easements.
23. That a Drainage Study shall be prepared be prepazed by a registered Civil Engineer in the State of
California. The study shall be based upon and reference the latest edition of the Orange County
Hydrology Manual and the applicable City of Anaheim Master Plan of Drainage for the project area.
Al] drainage sub-area boundaries per the Master Plan for Drainage shall be maintained. The study
shall include: an analysis of 10 and 100-yeaz storm frequencies; an analysis of all drainage impacts to
the existing storm drain system based upon the ultimate project build-out condition; and address
whether off-site and/or on-site drainage improvements will be required to prevent downstream
properties from being flooded.
24. That it shall be demonstrated that coverage has been obtained under California's General Permit for
Stormwater Discharges Associated with Constmction Activity by providing a copy of the Notice of
Intent (NOI) submitted to the State Water Resources Control Boazd and a copy of the subsequent
notification of the issuance of a Waste Dischazge Identification (WDID) Number. A Stormwater
-6• PC2007-111
Pollution Prevention Plan (SWPPP) shall be prepared and implemented. A copy of the current
SWPPP shall be kept at the project site and be available for City review on request. - ----
25. That prior to the 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 azeas, maximizing permeability, minimizing directly connected
impervious azeas, creating reduced or "zero discharge" areas, and conserving
natural azeas.
® Incorporates the applicable Routine Source Control BMPs as defined in the
Drainage Area Management Plan.
® Incorporates Treatment Control BMPs as defined in DAMP.
® Describes the long-term operation and maintenance requirements for the
Treatment Control BMPs.
® 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.
26. That a Lot Line Adjustment shall be submitted to the Public Works Department, Development
Services Division to merge the existing pazcels into one (1) legal lot. The Lot Line Adjustment shall
be approved by the City Engineer and recorded in the office of the Orange County Recorder prior to
issuance of a building permit.
Prior to final buildine and aonine insaections the following conditions shall be comalied with:
27. That the Project shall make a proportionate shaze contribution to signalize the Anaheirrt
Boulevazd/Cazl Karcher Way intersection.
28. That prior to issuance of a certificate of occupancy, the applicant shall:
® Demonstrate that all structural BMPs described in the Project WQMP have been
constructed and installed in conformance with approved plans and
specifications.
® 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 Projects
WQMP are available onsite.
® Submit for review and approval by the City an Operation and Maintenance Plan
for all structural BMPs.
29. That all street improvements shall be installed for the modified traffic signal and related traffic
circulation improvements at the intersection of Commercial Street and Anaheim Boulevard.
-7- PC2007-111
30. That fire lanes shall be posted with "No Pazking Any Time."
31. 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 mazked Exhibit Nos. 1 through 10, and as conditioned herein.
General conditions:
32. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
33. That all trash generated from this office building shall be property 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.
34. 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.
35. That any tree or other landscaping planted on-site shall be replaced in a timely manner in the event that
it is removed, damaged, diseased and/or dead.
36. That fiming 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 towazd establishment of the use or approved
development.
37. 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.
-e- PC2007-111
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting
of September 17, 2007. Said resolution is subject to the appeal provisions set forth in Chapter 18.60; "` ""
"Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal procedures and
maybe replaced by a City Council Resolution in the event of an appeal.
CHAIR AI~;;ANAHEIM PLAING COMMISSION
ATTEST: '"
SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CTTY OF ANAHEIM )
I, Eleanor Moms, Senior Secretazy of the Anaheim Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning
Commission held on September 17, 2007, by the following vote of the members thereof:
AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAHI,
ROMIT2O, VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this ~~~ day of
i ~ , 2007.
~., ~ ~ / ,
SECRETARY, ANAHEIM PLANNING COMMISSION
-9- PC2007-111
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A'd'TACd~VdEN'I' NO. 1
PdtOJECT SUMMARY
COIVIDI'I'dONAL USE PERNII'd' N0.2008-05326
dDevelo meet°Standard " `" "Pro dsed`Pro'ect " ;I bane Standards
Site Area 1.68 acres N/A
Parkin 38 68
~~11L KOTT ~altor~, Inc.
June 3, 2008
Ms. Kimberly Wong
Department oFPlanning & Zoning
City of Anaheim
200 S. Anaheim Boulevard
Anaheim, CA 92805
RE: 502-524 E. Julianna Street, Anaheim, California
Letter of Operation
Dear Ms. Wong:
ATTACHMENT NO. 2
Please consider this letter as your requested "Letter of Operation". Mr. and Mrs. Richard
Boggs have operated DuBois Towing Company at SOp-510 S. Atchison Street, Anaheim
since 1981. As a direct result of the City of Anaheim's desire to assemble contiguous
properties along Atchison Street, for a new development, Mr. and Mrs. Boggs are forced
to relocate their business to the above location as soon as possible.
The total are of the existing improvement, which consists of three industrial buildings is
approximately 44,0000 square Feet on approximately 65,000 square feet (1.50 acres) of
land. This facility will occupy one of the buildings of approximately 22,000 square feet
on an area of land consisting of approximately 26;000 square feet.
There are currently eight (8) employees for the facility and because of the nature of the
business, the vehicles are brought in and taken out one at a time which should not create
any undue traffic and although the business is open 24 hours a day, the facility is only
open from 8:00 a.m. - 5:00 p.m., Monday through Friday. The tow truck drivers
typically take "their truck" home with them at the end of the day .and are "on call"
through the evening hours. There are two more trucks that will be otherwise on-site at all
times. The vehicles that are towed into the location will be dropped off on the interior of
the security gates, but outside the building. They will then be placed into a designated
parking space in the interior of the building by way of a forklift, which will meet the
vehicle at the drop off point. The owner will retrieve their vehicle on Pauline Street after
paying the towing fee. The trucks will be washed once a week at a designated location in
the rear of the site.
It is important to note that there will be no loading or off-loading of vehicles in the street
and the property is not adjacent or near any residential development. There are no
neighbors to disturb and all storage is indoors. The size and location of the property is
ideally suited for the prospective new occupants and we hereby respectfully request that
approval for same be granted on a permanent basis.
1225 WEST LINCOLN AVENUE • ANAHEIM, CA 92805 • (714) 772-7000 • FAX (714) 772-3372
- RESIDENTIAL • COMMERCIAL • INDUSTRIAL • INVESTMENT
www.paulkottrealtars.com
/vls. ,S'imber/~~ fVwvg
Jirne 3, ?008
Page 2 oJ3
If you have any questions regarding the information contained in this letter, please do not
hesitate to call me at the telephone number below.
Thank you for your prompt consideration of this matter.
Yours very truly,
PAUL KOT REAL RS, INC.
~„
I`
P 1 T. Kott
ATTACHMENT N0.3
[DRAFT]
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A NEGATIVE DECLARATION AND
APPROVING CONDITIONAL USE PERMIT NO. 2008-05326 WITH WAIVER OF.
MINIMUM NUMBER OF PARKING SPACES
(502 - 524 EAST JULIANNA STREET)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Conditional Use Permit for a towing service and impound facility with the washing of towing
vehicles on certain real property situated in the City of Anaheim, County of Orange, State of
California, shown on Exhibit A, attached hereto and incorporated herein by this reference.
WHEREAS, the property is developed with three industrial buildings located in
the Industrial zone .and the Anaheim General Plan designates the property for Industrial land
uses; and
WHEREAS, the proposed request to permit a towing and vehicle impound facility
with the washing of towing vehicles at 502 - 524 East Julianna Street with waiver of the
following:
SECTION 18.42.040.010 Minimum required parking spaces.
(68 spaces required; 38 spaces proposed)
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 23, 2008, at 2:30 p.m., notice of said public hearing
having been duly given as required bylaw and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, 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 towing and impound facility with the washing of tow vehicles in the
Industrial (I) zone is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section 18.10.030.040.0402 (Towing Services and Automotive Impound
Yards).
2. That the towing and impound facility would not adversely affect the adjoining
industrial :land uses and the growth and development ofthe area in which it is proposed to be
located because all business activities would remain inside the building.
3. That the size and shape of the site for the towing and impound facility is adequate
to allow the full development of the proposed use in a manner not detrimental to the particular
-1- PC2008-***
.area nor to the health, safety and general welfare of the public because the business would
remain inside the building and automotive repairs and modifications are not proposed.
4. That the variance will not cause fewer off-street pazking spaces to be provided for
the proposed uses than the number of spaces necessary to accommodate all vehicles as'the
towing and impound business will only require pazlting for employees as customers are dropped
off and do not park. Further, the business provides seven enclosed employee parking spaces in
addition to those required to be shazed between the three uses on the premises.
5. That the results of the parking observations indicate that DuBois Towing will not
require anoff--site pazking supply. Employee vehicle and tow truck parking will be
accommodated within the enclosed area, and the customer parking supply of four spaces will be
in excess of the pazlcing demand observed at the existing business location.
6. That the traffic generated by the towing and impound facility would not impose
an undue burden upon the streets and highways designed and improved to carry the traffic in the
azea because the towing and impound facility is consistent with the types of industrial uses in the
zone, including a trucking business across Julianna Street.
7. That *** indicated their presence at said public hearing ih opposition; and that
*** correspondence was received in opposition to the subject petition.
WHEREAS, the Anaheim Planning Commission has reviewed the proposal and
does hereby find that the Negative Declazation is adequate to serve as the required environmental
documentation in connection with this request.
NOW, THEREFORE, BE TI' RESOLVED that the Anaheim Planning
Commission for the reasons hereinabove stated 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, safety and
general welfare of the Citizens of the City of Anaheim:
No. Conditions of Approval Responsible for
Monitoring
PRIOR TO COMMENCEMENT OF OPERATIQN OE THE BUSINESS
1 That 4-foot high address numbers shall be displayed on Police
the roof in a contrasting color to the roof material. The
numbers shall not be visible from the view of the street
or adjacent properties.
2 That the business owner shall submit a proposal Public Works
specifically identifying how wash water and pollutants
associated with towing vehicle washing aze fully
captured and properly disposed. Said proposal shall be
submitted to the Public Works Department for review
and approval.
-2- PC2008-***
®NGOING DUTtTNG OPERATION
3 That vehicle washing shall be limited only to towing Planning
vehicles and not towed vehicles.
4 That vehicular body work, painting or other automotive Planning
modification activities shall not be permitted on the
premises.
5 That impound pazking of vehicles overnight shall be Planning
permitted only inside Building 3 or the enclosed outdoor
storage azea as designated on Exhibit No. 1. Shared
pazking for the three (3) buildings shall not be used.
6 That outdoor storage shall be limited to the area Flanning
designated on Exhibit No. 1.
7 That the installation or use of any exterior intercom Planning
equipment shall be prohibited.
8 That ongoing during project operation, under no Public Works
circumstances shall tow vehicles be unloaded or loaded
on any public right-of--way nor shall any vehicles be
pazked or staged on said streets.
9 That gates shall not be installed across any driveway in a Planning
manner which may adversely affect vehicular traffic in
the adjacent public streets.
GENERAL CD NDTTIONS
10 That the property shall be permanently maintained in an Planning
orderly 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.
11 That timing for compliance with conditions of approval Planning
maybe 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 towazd establishment
of the use or approved development.
-3- PC2008-***
12 That approval of this application constitutes approval of Planning
the proposed request only to the extent that it complies
with the Anaheim Municipal Zoning Code and any other
applicable City, State and Federal regulations. Approval
does not include any action or findings as to compliance
or approval of the request regarding any other applicable
ordinance, regulation or requirement.
13 That extensions for further time to complete conditions Planning
of approval maybe granted in accordance with Section
18.60.170 of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that this permit is approved without limitations
on the hours of operation or the duration of the use. Amendments, modifications and revocations
of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) 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 applicant is responsible for paying all
charges related to the processing of this discretionazy 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 June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal
procedures and may be replaced by a City Council Resolution in the event of an appeal.
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 June 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2008-***
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? Subject Property
Conditional Use Permit No. 2008-05326
502 - 524 East Julianne Street
_.
10549
LA PALMA AVENUE
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy is +!- two to five feel.
ATTACHMENT N0.4
PARKING STUIDY
FOIL TI~+
RELOCATION OF DIJ I30IS TOWING
Prepared for:
The City of Anaheim
200 S. Anaheim Boulevard, Suite 200
Anaheim, California 92805
Prepared by:
I{imley-Horn and Associates, Inc.
765 The City Drive, Suite 400
Orange, California 92868
714939-1030
June 2008
® Kimley-Horn and Associates, Inc.
PARKING STUDY
FOR THE
PROPOSED RELOCATION OF DU BOIS TOWING
W THE CITY OF ANAHEIM
TABLE OF CONTENTS
INTRODUCT[ON ...........................................................................................................................1
PROJECT DF.SCRIPTION ...................................................°-........................................................1
Existing Project Site .......................................................................................................:.............1
Proposed Project ..........................................................................................................................1
CITY OF ANAHEIM PARKING REQUIREMENTS ....................................................................3
Required Pazking for the Julianna Street Industrial Site ..............................................................3
Parking Provided ..........................................................................................................................5
Observed Parking Demnnd ......................................_.................................---......,...............---.....5
PARKING RECOMMENDATIONS ..............................................................................................5
City Parking Requvement for Towing Services ..........................................................................6
REQUIRED FINDINGS ..................................................................................................................7
CONCLUSIONS .............................................................................................................................. 9
ATTACHMENTS
ATTACHMENT A -City of Anaheim Municipal Code -Chapter 18.42 (Applicable pages)
LIST OF FIGURES
Figure 1 -Existing Site ....................................................................................................................2
Figure 2 -Proposed Site Plan ..........................................................................................................4
LIST OF TABLES
Table 1 -Summary of Pazking Requirements for The Julianna Street Industrial Center ................3
Table 2 -Summary of Pazking Requirements for Building 3 Using Towing Service Rates..........6
PARiK]NG STUDY
FOR THE
PROPOSED RELOCATION OF DU BOIS TOWING
IN TAE CITY OF ANAHEIM
INTRODUCTION
This report has been prepared to evaluate the parking requirements for DuBois Towing, an
existing vehicle towing and impound operation located at 500-510 Atchison Street in the City of
Anaheim. The City of Anaheim Redevelopment Agency proposes to relocate the towing
operation to a vacant industrial complex located at 502 - 524 East Julianne Street.
The parking supply at the new location will not provide enough parking to meet the City of
Anaheim Parking Code requirements, and therefore; a parking variance will be required. Parking
data collection and analysis have been conducted, in order to determine whether or not the
requested variance can be suppoded by the Required Findings in accordance with the
requirements of Section 18,42.110 of the City of Anaheim Municipal Code,
PROJECT DESCRIPTION
Existing Project Site
The DuBois Towing business is currently located on the east side of Atchison Street; one parcel
south of Santa Ana Street, and west of East Sti-eeL The project site consists of an enclosed
vehicle impound lot, and a small building housing. the office operations for the business. The
DuBois Towing operation consists of towing and storing impounded vehicles on-site, in a secure
location. The property has the capacity for approximately 100 impounded vehicles. An aerial of
the existing site layout is provided on Figure 1. The posted operating hours for DuBois Towing
aze Monday through Friday, S:OO AM to Sc00 PM; closed Saturday, Sunday, and holidays..
The project site has one gated driveway onto Atchison Drive. The east side of Atchison Street is
signed as "Customer Pazking for DuBois Towing" on either side of the site entrance. Employee
vehicles and the tow trucks are parked inside the fenced'yazd foi security purposes.
Proposed Project
The Redevelopment Agency proposes to relocate the DuBois Towing business to an industrial
complex located at 502 - 524 East Julianne Street, on the south side of the street, one parcel north
of La Palma Avenue, and west of Fast Street.
DuBois Towing - t - June, 2008
Parking Study
{
FIGURE 1
EXISTING ®dJ13®iS T®~IING S
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woT m scams
This property has three buildings on site. DuBois Towing would occupy Building 3, the largest
of the three buildings, with 22,000 square feet. Buildings 1 and 2 (4,000 square feet, and 18,000
square fee[,. respectively) are currently vacant, and are intended for use by light industrial or
warehousing uses.
A site plan depicting the layout of the buildings and the proposed parking on site is presented on
figure 2. As shown on the site plan, the site will provide 54 parking spaces. DuBois Towing
proposes to enclose a portion of the pazking with site fencing, such that 16 spaces are accessible
to DuBois only, and the remaining 38 spaces aze accessible to all site users.
Under the proposed operating conditions, towed vehicles will be brought to the site by the
business' tow trucks. Impounded vehicles will be stored inside )3uilding 3. An additional storage
area of seven spaces for overflow vehicles has been proposed outside the building, but inside the
fence. Employee vehicles and tow tracks will also be parked inside the fence. Customer parking
is shown outside the fence, in a small parking area on theproperty, adjacent to Julianne Street.
CITY OF A]YAIiEIM PARKING 1tLPQUIREMEPITS
The City of Anaheim pazking requirements are contained in Chapter 18.42 of the City's
Municipal Code, which specifies the City's off-street parking requirements for a variety of lend
uses. A wpy of relevant sections of Chapter 18.42 is provided as Attachment A.
Required Panting for the Julianne Street Industrial Site
The City's paring code requiremwts for the DuBois Towing business ~d the two other
buildings on the Julianne property are based on Ote parking code for general industrial as follows:
Table 1
Summary of Parking Requirements for
The Julianne Street Industrial Center
Parking Required
Building Use I~g
Code Perlin
1 Warehouse 4.0 1.55 6.2
2 . Warehouse 18.0 1.55 2Z.9
3 DuBois Towin r 22.0 1.55 34.]
'Total 3~ 44.0 `" ~ 6$
Provided 54
Difference pry' 1 14
~ The pazking requirement for geaeraI industrial is applied to the
totals uare foots a of Buildin 3.
DuBola Towing - 3 - June, 2008
Parking Study
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Note: Although the City of Anaheim Municipal Code has a parking requirement listed for
Towing Services, Planning staff has indicated that the parking requirement for industrial is to be
applied to the proposed use, because it will occupy and use the ensue building. The reference to
Towing Services in the pazking code is only for businesses that do not store towed vehicles.
Parking Provided
The project site plan shows a parking supply of 54 parking spaces. DuBois Towing proposes to
enclose }6 of the spaces within their fenced portion of the site - 7 for employee parking, 2 for
tow truck parking, and 7 for overflow impound vehicle stamge-making those spaces unavailable
to the other buildings on the site. The remaining 3~ will not be enclosed, and will be available to
the other two buildings. on the site. Four of those spaces, although located in the "common"
parking area, are shown an the siteplan as designated for DuBois Towing customer parking.
As proposed, the unenclosed, undesignated parking supply (34 spaces) will meet the tight
industrial parking requirement for Buildings 1 and 2. The parking supply of 20 spaces for
Dubois Towing (]6 enclosed spaces, and 4 unenclosed customer pazking spaces) will not meet
the parking requirement of 34 spaces for 22,OD0 square feet oflight industrial use, and therefore a
variance will be required. A patking,demand study was conducted to determine whether or not
[he requested variance can be supported by the Required Findings.
Observed Parking Demand
Parking data for the existing DuBois Towing business was collected to measure. the actual
parking demand generated by the towing business. Parking observations were made only on the
street adjacent to the DuBois property, since the site is fenced and gated, and it would not be
possible to distinguish between employee end impounded vehcles parked on the site.
The observations revealed that there is minimal, if any, demand for customer pazking for the
DuBois business. For the majority of times, the observed customer parking demand was either
zero vehicles, or one vehicle for a short period of time. Typical customer trip-making activity
consists of an individual being dropped off by another individual, who either drives away,, or at
most, waits long enough to make sure the customer is able to retrieve his or her vehicle.
PARKflVG RECON~NDA171®N6
It is concluded that the parking needed for the tdwing business (aside from the parking area
needed for the impounded vehicles) is only that parking needed for employee vehicle pazking,
tow truck parking, and two addi-iona] spaces for customers. City staff has indicated that DuBois
Towing employs approximately eight people, and that some of those employees drive their tow
vehicle home, and therefore do not require a parkng space at the business. DuBois Towing
stores two tow trucks on site. The proposed parking. supply of 20 vehicles, therefore,, would be
adequate for the DuBois Towing .business. Further support far this conclusion is provided in the
following discussion.
DuBois Towing - 5 - June, 2008
Parking Study
City Parking tiequiremeut for Towkug Services
Since the DuBois Towing business will move into Building 3, with 22,000 square feet of space,
the City requires that the parking requirement for light industrial be applied to the entire building
square footage. However, under the proposed DuBois operation plan, most of the building'square
footage will be used to store impounded vehicles, and so, will actually function as the impound
lot for the business. The office operation for the business will occupy approximately 1,000 feet
inside the building.
The City of Anaheim parking code requirement for a Towing Service is fcur spaces per KSF, plus
spaces for tow trucks. Table 2 summarizes what the parking requirement for the Dubois Towing
business would be if it were calculated using the city parking requvement For a towing service,
applied only toward tlse office space in the building.
Table 2
Sumurary t>f Parting Requisemeuts ffor
Building 3 Using Towing Service Rates
KSF / Prarking Required
)Building Ilse Trucks Code Parktn
. DuBois Towin ~ l.0 4.0 4.0
9 Tow Tntcks 2.0 1.0 2.0
TotalBuildin 3 N~~'t ~t.;,: "< ~ 6.0
Provided " ' ¢" 'Y ~~=''-" ' ' 20.0
Difference ,;v,"' + 14.0
~ The parking requirement for a towing service is applied to the office square
foots 1,000 s uare feet .
As Table 2 indicates, using the city parking requirement for a Towing Service, the code-required
parking for the proposed I?uBois Towing business would be 6 spaces. This further suppofts the
conclusion that the proposed parking supply of 20 spaces will be adequate to meet the pazking
needs for the DuBois Towing business.
DuBois Tovuing - B - June, 2008
Parking Study
12EQiJiRED FBYDLIVG~
)n accordance with the requirements of Section 18.42.110 of the City of Anaheim Municipal
Code, the following five findings have been made to document the adequacy of the proposed
parking supply for the proposed relocation of DuBois Towing to 524 JuliannaStreet:
L The variance wit( nor cause fewer off-street parfing spaces to be provided for the proposed
use than the number of such spaces necessary to accommodate all vehicles attributable to
such use under the normal and reasonably foreseeable conditions of operation of such use:
The site plan indicates that the 34 code-required parking spaces for Buildings 1 and 2 will be
provided on site. Twenty .spaces will be available for DuBois Towing. DuBois Towing
proposes to accommodate its employee vehicle pazking and tow truck parking needs by
providing nine spaces on-site. In addition, four customer parking spaces wilt be provided.
Observations of current customer pazking demand at the existing DuBois Towing business on
Atchison Street indicates that for the majority of the time, the parking demand for customers
was either zero, or one vehicle for a limited period of time.
Although the code requires that the parking requirement for DuBois Towing be calculated
using the total square footage of the building (22,000 square feet of light industrial), review
of the plans indicate that themajority of the space inside the building will actually be used as
the impound lot for the business. If the code requirement for a Towing Service is applied
only to the square footage inside the building that will be used as office (1,000 square feet),
the parking requirement will be 6 spaces. The proposed parking supply of 20 spaces will be
more than adequate to meet the parking needs of the Dubois Towing business.
2. The variance will not increase the demand and competition for parking spaces upon the
public streets in the immediate vicinity of the proposed use.
The results of the pazking observations and review of the proposed operation indicate that the
peak parking demand for DuBois Towing will be accommodated completely on-site with the
proposed parking supply of 20 spaces.
3. The variance will not increase the demand and competition for parking spaces upon adjacent
private property in the immediate vicinity of the proposed use (which property is not
expressly provided as parking for such use under an agreemene in comp/lance with Section
18.42.050.030).
The results of the parking observations indicate that DuBois Towing will not require an aff-
site perking supply. Employee vehicle and tow track parking will be accommodated within
the enclosed area, and the customer parking supply of four spaces will be in excess of the
parking demand observed at the existing DuBois Towing site.
DuBois Towing - 7 - June, 2D08
Parking Study
4: The variance will not increase traj~c congestion within the ajf-street parking areas nr lots
provided for such use.
The industrial complex will take access from the public street via a number of driveways.
Tow vehicles will have access to Building 3 via driveways on Pauline Street. Access to the
customer parking spaces will b0 from Julianne Street. Buildings ]and 2 will have their own
driveway on Sabina Street. The traffic to and from the site will be nominal, and the traffic
loads on the three streets surrounding the site are very light.
5. The variance will not impede vehicular ingress to or egress from adjucen[ properties upon.
the public street in the immediate vicinity of tl~e proposed use.
Ingress and egress for the Julianna industrial center is exclusive to the site, and does not rely
on or encroach upon access or egress from any other properfy.
DuBois Towing - 8 - June, 2008
Parking Study
colvczosaorrs
® The City of Anaheim .Redevelopment Agency proposes. to relocate the existing DuBois
'Cowing business from its current site on Atchison Street to a vacant industrial site on 7ulianna
Street
o The site has a total of 44;000 square feet of light industrial building space.
® DuBois Towing would occupy Building 3, which is2Z,000 square feet in area.
o Buildings 1 and 2, also totaling 22,000 square feet (4,000 and 7 8,000 square feet,
respectively), will be used for light industrial and warehousing.
® The City of Anaheim municipal code requires 1.55 spaces per thousand square feet of light
industrial use.
® The site would require 68 parking spaces.
o The site plan indicates that the site would provide 54 parking spaces, with 16 spaces enclosed
and accessible only m the DuBois Towing business, four unenclosed spaces designated for
customers of DuBois Towing, and 34 unenclosed "common" spaces.
® The 34 unenclosed spaces will be adequate to meet the code-required parking for Buildings 1
and 2.
® The 20 spaces designated for DuBois Towing is 14 spaces less than the code-required pazking
of 34 spaces.
® A parking demand study far the existing DuBois Tdwing business was conducted, and it was
detemvned that 20 spaces will be more than adequate to accommodate the pazking needs of
the DuBois Towing business.
DuBois Towing - 9 - June, 2008
Parking Study
r~~"I'AC ~N'I' .A
CI'T'Y ®~' ~1EINI
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dApp9ic~b1~ ~a~es)
Page 9 of 20
Helipads Requires pazking demand study per pazagraph
18.42.040.010.0107
Hospitals Requires parking demand study per paragraph
18.42.040:010.0107
Hotels & Motels 0.8 space per guest room, plus 8 spaces.per 1,000 square feet of.
GFA for banquet/meetng roam, plus 8 spaces per 1,000 squaze
feet of GFA fotfu1l-service, semi-enclosed, walk-up and fast-
food restaurants, plus 5.5 spaces per (,000 square feet of GFA for
take-out restaurants integrated into the hotel complex, plus l
space per 1,000 square feet of retail space plus 0.25 space for
each employee working in the guest room azeas
Industry-Limited Industrral-GeneYal Limited: 1.55 spaces per 1,000 square feet of
GFA, which may include a maximum of 10% office space, plus,
if the percentage of office space exceeds 10% of the GFA, 4
spaces p@r 1,000 square feet of GFA for the floor azea in excess
of 10%
Industrial Training Facilities: 0.82 space per student, or 20
', spaces per 1,000 square feet of GFA for instructional use,
!, whichever results in a greater number of spaces, plus 4 spaces per
1,000 square feet of GFA for office use
Outdoor Uses: 0.4 space per 1,000 square feet of lot azea
devoted to outdoor uses, excluding parking azeas and vehicular
aceessways, or 1 space per ?maximum contemplated number of
employees to be engaged in the outdoor operation, whichever
results in a greater number of spaces
Table 42-A
iVOPI-RES%DEIVTIAL PARKING IiIEQ%JIIt~R~%EP1TS
(rco ('lacy Rem~ireA SnArec
Industry-General Industrial-General: 1.55 spaces per 1,000 square feet of
building GFA, which may include a maximum of 10% office
space, plus, if the percentage of office space exceeds 10% of the
GFA, 4 spaces per 1,000 square feet of GFA for the floor area in
excess. of 10°fo
Industrial Training Facilities: 0.82 space per student, or 20
spaces per 1,000 square feet of GFA for insttuctional use,
whichever results in a greater number of spaces, .plus 4 spaces per
1,000 squaze feet of GFA for office use
Outdoor Uses: 0.4 space per 1,000 square feet of lot azea
devoted to outdoor uses, excluding parking azeas and vehicular
accessways, or 1 space per 7maximum cantemplated number of
employees to be engaged in the outdoor operation, whichever
results in the greater number of spaces
Junkyazds 15 spaces or 5.5 spaces per t,vUU square teet of ouunmg ~rH,
whichever is greater
Markets-Large 15.5 spaces per 1,000 square feet of GFA for first 100,000 square
feet, plus 4.5 spaces per 1.000 square feet of GFA over 100,000
htto:lhuww.amleeal.com/nxtl~atewav.dll/Cal ifornialanaheim/title 18zoninelchaoter1842o... 12/27/2007
Page 12of20
Restaurants-Take-Out 5.5 spaces per 1,000 square feet of GFA
Restaurants-Walk-Up 16 spaces per 1,000 square feet of GFA
Table 42-A
N®RI-R)ESYIDETI'1'IAL PARKING REQUIhiENIENTS
Use Class Required Spaces
Retail Sales-General General: 5.5 spaces per I,000 square #eet of GFA for first
100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA
over 100,000 square feet
Art Galleries: 3.3 spaces per 1,000 square feet of GFA
Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet
of GFA
Retail Sales-Kiosks 1 space per 25 square feet of GFA or 5 spaces per facility,
whichever results in a greater number of pazlting spaces
Retail Sates-0utdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor
uses, excluding pazlung areas and vehicular accessways, or 0.5
space per each employee engaged in the outdoor operation,
whichever results in a greater aumber of pazking spaces
Retail Sales-Regional Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet
of GFA
Other: 5.5 spaces per 1,000 squaze feet of GFA for first 100,000
square feet,. plus 4.5 spaces per 1,000 square feet of GFA over
100,000 square feet
Retail Sales-Used Merchandise 5.5 spaces per 1,000 square feet of GFA for first 100,000 square
feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000
square feet
Room Bi Board 1 space for each bedroom, plus 1 space for each nonresident
employee, plus 1 space for visitors (for purposes of this
provision, "Bedroom" means any room designed, intended or
primarily used for sleeping purposes)
Self-Storage Faciliies 0.27 space per 1,000 square feet of building GFA or 5 spaces,
whchever results in a greater number of spaces, plus adequate
loading and unloading areas as required by the City Traffic and
Transportation Manager
Sex-Qriented Businesses .Primarily Live Performance: IO spaces per 1,000squaze feet of
GFA
Primarily Book or Video Srore: 5.5 spaces per 1,000 square feet
of GFA
Studios-Broadcasting 2.5 spaces per 1,000 square feet of GFA
SLudios-Reeordin 2.5 s aces er 1 000 s uaze feet of GFA
Towing Servhces 4 spaces per 1,000 square feet of building GFA, plus spaces for
tow trucks
Transit Facilities Requires parking demand study per paragraph
. _ _ ... _ ~ _ ____ ~ _ ___ _ _ i
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Date: June 23, 2008
Subject Property
Tentative Parcel Map No. 2007-232
APN 035-010-80
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Date: June 23, 2008
Subject Property
Tentative Parcel Map No. 2007-232
APN 035-090-80
10556
A'T'II'ACI~IVYEl~1'1(' Iii®, l
PRpJECT SUMIVIAR~'
TENTATIVE PARCEL 1VIAP N®. 2007-232
Develo meet Standard . ' ` ^ ` Pro osed Ero'ect I Zone Standards
Site Area 4.47 acres N/A
Lot Size
Parcel 1 0.945 acres N/A
Parcel 2 2.068 acres
Parcel 3 1.455 .acres
[~1[8AF'I'] ATTACIFINi1E1~1T I9~®. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA NEGATIVE DECLARATION AND
APPROVING TENTATIVE PARCEL MAP NO. 2007-232
(APN NO. 035-010-80)
WHEREAS; the Anaheim Planning Commission did receive an application for
Tentative Parcel Map No. 2007-232 for certain real property situated in the City of Anaheim,
County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated
herein by this reference;
WHEREAS, the Zoning Administrator did hold a public hearing at the Civic Center
in the City of Anaheim on Mazch 3, 2008, at 9:30 a.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
tentative pazcel map and to investigate and make findings and recommendations in connection
therewith; and, at said meeting, referred the proposed tentative pazcel map to the Planning
Commission for consideration at a public hearing; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on March 3, 2008, at 2;30 p.m, notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
tentative pazcel map and to investigate and make findings and recommendations in connnection
therewith; and, at said meeting, the Planning Commission, by motion, approved the withdrawal
of the request at the applicant's request; and
WHEREAS, on May 27, 2008, the applicant resubmitted the application for
Tentative Pazcel Map No. 2007-232;
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center
in the City of Anaheim on June 23, 2008, at 2;30 p.m., notice of said public hearing having been
duly given as required by law and in accordance with the provisions of the Anaheim Municipal
Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed
tentative parcel map and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Planning 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:
That the proposed subdivision is consistent with the General Plan land use
designation of Industrial and property is in the Industrial (I) zone.
2. That the design or improvement of the proposed subdivision is consistent with the
applicable General Plan.
-1- PC2008-***
3. That the site is physically suitable for the proposed subdivision.
4. That the site is physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements. are not likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is not likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use of
property within the proposed subdivision.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission
has reviewed the proposal and does hereby find and determine that the Negative Declaration
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 FURTHER RESOLVED that the Anaheim Planning
Commission does hereby approve Tentative Parcel Map No. 2007-232, upon the following
conditions of approval 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 welfaze of the Citizens of the
City of Anaheim:
No. Conditions of Approval Responsible for
Monitoring
TIMIN _
__ _
G: PRIOR TO APPROVAL OI'FINAL.PARCEL MAP _ _
_
That atwenty-six (26) foot wide floating access easement over Parcel 3
in favor of Pazcel 1 and 2 shall be recorded on the property for public
1 utility and emergency purposes including ingress and egress rights for Public Works
maintenance purposes. Said easement shall provide access rights to
Patt Street and shall be recorded concurrently with the final pazcel map.
That atwenty-six (26) foot wide floating access easement over Pazcel
2 in favor of Parcel 1 shall be recorded on the property for public
2 utility and emergency purposes including ingress and egress rights Public Works
for maintenance purposes. Said easement shall be recorded
concurrently with the final pazcel map.
3 That vehiculaz access rights to Kemp Street shall be released and
Public Works
relinquished to the City of Anaheim on the final map.
-2- PC2008-***
That the legal properly owner shall irrevocably offer to dedicate to the
4 City of Anaheim a ten (10) foot wide easement for road and public Public Works -
utility purposes from the existingright-of--way ofKemp Street.
That a final map shall be submitted to and approved by the City of
5 Anaheim and the Orange County Surveyor, .and shall then be recorded public Works
in the Office of the Orange County Recorder. A reciprocal access
agreement shall be recorded concurrently with the final parcel map.
That the legal property owner shall execute a Subdivision
Agreement, in a form approved by the City Attorney, to complete the
6 required public improvements at the legal property owner's expense. public Works
Said agreement shall be submitted to the Public Works Department,
Subdivision Section, approved by the City Attorney and City
Engineer and then recorded concurrently with the final pazcel map.
~ That all pazcels shall be assigned street addresses by the Building public Works
Division.
That the final map shall be recorded within a period of two (2) years
8 from the date of this resolution. Extensions for further time to
Planning
complete said conditions maybe granted in accordance with Section
18.03.090 of the Anaheim Municipal Code.
That timing for compliance with conditions of approval maybe
amended by the Planning Director upon a showing of good cause
provided (i) equivalent timing is established that satisfies the original
9 intent and purpose of the condition(s), (ii) the modification complies Planning
with the Anaheim Municipal Code and (iii) the applicant has
demonstrated significant progress toward establishment of the use or
approved structure.
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
charges related to the processing of this discretionary case .application within 15 days of the
issuance of the final invoice or final map recordation, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or the revocation of the approval
of this application.
-3- PC2008 ***
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter...
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe
replaced by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING
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 June 23, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2008-***
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Subject Properly
Tentative Parcel Map IVo. 2007-232
APN 035-010-80
10485
-------------------
Source: Recorded Tract Maps and/or Clty GIS.
Please note the accuracy is +/- two to rive feet.
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RCL 60.61-105
RCL 54-55-1
CUP 2008-05324
CUP 20D4-04949
CUP 4133
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June 23, 2008
- Subject Property
Conditional Use Permit No. 2008-05324
1695 West Lincoln Avenue
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June 23, 2008
Subject Property
Conditional Use Permit hio. 2008-05324
1695 West Lincoln Avenue
1555
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June 23, 2008
Subject Property
Conditional Use Permit No. 4033
(Tracking No. CUP2008-05318)
8712 East Santa Ana Canyon Road
10553
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June 23, 2008
Subject Property
Conditional Use Permit No. 4033
(Tracking No. CUP2008-05318}
8712 East Santa Ana Canyon Road ,oesa
ATTACI~MEN'g' N®. 1
PROJECT SUMMARY'
CONDITIONAL USE PERMIT NO. 4033
(Tracking No. CUP2008-05318)
Development Standard"' Proposed Project Sycamore Canyom
~ "" Specific Plan ~ ,
Minimum Site Area 37 acres 4,000 s ware feet
Minimum Parking 385 spaces existing 211 spaces required
Minimum Building Setback
Adjacent to Santa Ana Canyon Road N/A NIA
East Property Line Minimum 135 feet 5 feet
West Property Line Minimum 35 feet S feet
South Property Line Minimum 35 feet 15 feet
Maximum Lot Coverage 2% 45%
ATTACHMENT N0.2
RESOLUTION N0. PC2004-39
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. PC98-98 ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT N0.4033
(8712 EAST SANTA ANA CANYON ROAD)
WHEREAS, on June 22, 1998, the Anaheim City Planning Commission did, by its Resolution
No. PC98-98, granted Conditional Use Permit No. 4033 to permit a 29,503 square foot church with.
accessory day care center, fellowship hall, and multi-purpose building in conjunction with existing modular
buildings. On July 19, 1999, revised plan were approved to permit a manufactured home for a parsonage
and to amend or delete certain conditions of approval pertaining to landscaping and roof-mounted equipment
in conjunction with the previously approved church. On March 1, 2004, staff determined that a 5,611 square
foot addition to the fellowship hall was in substantial conformance with previously-approved plans.
WHEREAS, on July 6, 1988, the Anaheim City Planning Commission did, by its Resolution
No. PC88-183, granted Conditional Use Permit No. 3032 to permit asemi-enclosed "garden church",
including 5 temporary modular buildings, an outdoor amphitheater and stage for a period of three years was
approved by the Commission on July 6, 1988, to expire on July 6, 1991. On July 15, 1991, Conditional Use
Permit No. 3032 was amended by the Commission to modify the conditions of approval pertaining to time
limitations to allow the church to remain until May 16, 1999. This conditional use permit was reinstated by
Commission on July 7, 1999, and the time limitation was eliminated.
WHEREAS, on February 1988, the Anaheim City Council, by its Resolution No. BBR-69
and, adopted Sycamore Canyon Specific Plan NO. SP88-1 to provide for the development of a planned
community consisting ofsingle-family residences, condominiums, a commeroial shopping center, parks,
community facilities (including a fire station, police station, and library), and open space areas.
WHEREAS, Resolution No. PC98-98, adapted in connection wqh subject use permit, includes
the following condition of approval:
"9. That church activities shall not begin before 9 a.m. and shall end before dusk or by 8 p.m.,
whichever is later, except on religious holidays (not to exceed ten (10) days per calendar
year).
i6. That within a period of five (5) years from the date of this resolution, the existing modular
buildings (except for the dressing room and restroom located adjacent to the outdoor chapel at
the western portion of the property) shall be removed from this property."
WHEREAS, the petitioner has requested to amend said condition of approval.
WHEREAS, this property is curren8y developed with a partially developed with a church,
including modular buildings, a parsonage, biblical theme garden and water feature, and an outdoor chapel;
the Anaheim General Pian designates this property for Open Space :land uses;
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on April 5, 2004, at 1:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 16.03, to
hear and consider evidence for and against said proposed amendment and to investigate and make findings
and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts:
CR1PC2004-039 -1- PC2004-39
1. That the proposed use, as amended, is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use is not listed therein as being a permitted use; _
2. That the proposed use, as amended, will not adversely affect the adjoining land uses and 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 proposed use, as amended, is adequate fo allow full
development of the proposed use in a manner not detrimental to the particular area nor to the peace, health,
safety, and general welfare;
4. That the traffic generated by the proposed use, as amended, will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the area; and
5. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning
Commission has reviewed the proposal to permit roof-mounted equipment in conjunction with an expansion
of an existing multi-purpose building and to determine substantial conformance with previously-approved
exhibits for an existing church and to amend or delete a condition of approval pertaining to a timeilmitation
for four (4) existing modular buildings, and to further allow the establishment of four (4) additional modular
buildings for accessory church activities and modify hours of operation and does hereby find that the
Negative Declaration previously approved in connection with Conditional Use Permit No. 4033 is adequate to
serve as the required environmental documentation in connection with this request upon finding that the
declaration reflects the independentjudgment of the lead agency and that it has considered the Negative
Declaration together with any comments received during the public review process and further finding on the
basis of the initial study and any comments received that there is no substantial evidence that the project will
have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does
herebyamend, in its entirety, the conditions contained in Resolution No. PC98-98 to read as follows:
1. That within a period of ten (10) years from the date of this resolution, the modular buildings (except for the
dressing room and restroom located adjacent to the outdoor chapel at the western portion of the properly)
shall be removed from this property. In the event that permanent facilities to replace the modular buildings
are built during the ten (10) year period, the temporary modulars shall be removed within sixty (60) days of
the occupancy of the permanent facilities.
2. That all outdoor church activities shall not begin before 9 a.m. and shall end before dusk or by S p.m.,
whichever is later, except on religious holidays (not to exceed ten (10) days per calendar year).
3. That no outdoor amplified sound systems shall be installed on the subject property, and that all outdoor
events shall comply with the requirements of Chapter 6.70 "Sound Pressure Levels" of the Anaheim
Municipal Code.
4. That prior to issuance of any Special Events Permit for outdoor activity on this property, the petitioner
shall obtain a Special Circumstance Waiver from the Zoning Administrator.
5. That trash storage area(s) shall be provided and maintained in locations 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 clinging vines or tall shrubbery.
-2- PC2004-39
6. That an on-site trash truck turn-around area shall be provided in accordance with Engineering Standard
Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation
Division.
7. That gates shall not be installed across any driveway or private street in a manner which may atlversely
affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering
Standard Plan No. 609 and shall be subject to review and approval by the Ci[y Traffic and Transportation
Manager prior to issuance of a building permit.
8. That if necessary, the legal property owner shall provide the City of Anaheim with a public utilities
easement along/across high and low voltage lines crossing the private property, and around all pad-
mounted transformers, switches, capacitors. Said easement shall be submitted to the City of Anaheim
.prior to connection of electrical service.
9. That the legal property owner shall be required to pay for an underground line extension to the nearest
electrical source that has the capacity to serve the loads of th(s project. Any required relocation of City
electrical facilities shall be at the property owner's expense. Landscape and handscape screening of all
pad-mounted equipment shall be required and outside the easement area of the equipment.
10. That alt air conditioning facilities and all other ground mounted equipment shall be fully shielded from.
view and the sound buffered from adjacent residential properties. Such information shall be speciFlcally
shown on the plans submitted for building permits. No roof mounted equipment shall be permitted.
11. That lighting of slgnage for subject property shall be prohibited between the hours of midnight and 6:30
a.m. as specified by Zoning Code Section 18.05,091.052, unless a variance is applied for and granted.
All new slgnage visible from off-site shall be subject to review and approval of the Planning Commission
as a "Reports and Recommendations" agenda item.
12. That no outdoor lighting for the parking lot, driveways, athletic fields or buildings shall be installed prior
to a review and approval of a comprehensive lighting plan by the Planning Commission as a "Reports
and Recommendations" agenda item. That any future light fixtures shall bedown-lighted and directed
away from adjacent residential property lines to protect the residential Integrity of the area and shall be
so-.specified on the plans submitted for permits.
13. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Revision No. 2 of Exhibit No. 1 and F~chibit Nos. 2 through 15, and as conditioned
herein.an~-t
shat4-bed
14. That prior to issuance of a building permit or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 5, 6, 7, 8, 9 and 10, above-mentioned, shall be
complied with. Extensions for further time to complete said cbndRions may be granted in accordance
with Section 18.03.090 of the Anaheim Municipal Code.
15. That prior to final building and zoning inspeckions, Condition No. 13, above-mentioned, shall be
complied with.
16. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations, Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
-3- PC2004-39
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April
4, 2004. Said resolution is subject to the appeal provisions set forth in Chapter 18.03, "toning Provisions -
General" of the Anaheim Municipal Code pertaining to appeal proce ures and maybe replaced by a City
Council Resolution in the event of an appeal. ~ ~® ~
~ ~
ANAHEIM CITY
A
COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on April 5, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOSIINICK, EASTMAN, O'CONNELL, ROMERO, VANDERBILT-LINARES
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS: BUFFA, FLORES
IN W ITNESS WHEREOF, I have hereunto set my hand this o~-P~ day of
~,o r: L , zooa.
ea ~_
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-4- PC2004-39
Apol b8, 2008
City of Anaheim, Planning Dept.
Planning Services D?vision
200 S. Anaheim Blvd.
Anaheim, CA 92805
To Whom It May Concern,
This letter-is being written to describe the basis and impact of our proposed modification of
Kindred Community.. Church's current CUP with the City of Anaheim for the operation of our
church facility.
We are requesting the approval of the addition of three modular classrooms on oucproperty to
meet the need for additional Sunday School classroom space. ,
This need has been created primarily by ah Insufficient amount of classroom area available to
house the total number of young people who are attending church with their families on an
average Sunday,moming.
It should be noted that these modular buildings'wiil be installed in locations that will have no
impact on the number of parking stalls that are currently present on the property.
In addition, their proposed locations will not have an adverse impact on the visual aesthetics of
the property.
Finally, the need for more Sunday School classroom space should not impact the total traffic
count entering the property as the children who will be housed in the majority of this additional
space are traveling with adult parents to church for Sunday services.
lNe respectfully request the City of Anaheim's approva( of cur proposed amendment, as it will
improve our facility and operation significantly, withoutcausing any appreciable Impact to our
property or surrounding neighborhood properties.
Thank you in advance for your thoughtful consideratioh of this amendment.
'CordiallG y, /~
JW,,,(, Jl~/}
^~~
Mark Uaugh
Administrative Pastor
17853 BANT~~A C3CBLV C. REACHING THE WCRLC WITH THE WORD ~ 714.282.9941
SUITE 107-247 WWW. KINCREO COMMIJ NITYCHLJ RC H.C RO 714.474.4335
VILLA PARK, GA 92861
I~ I I~ D F~ E D ~~~~c ~~ ~®. 3
COMMUNITY CHURCH
l
ATTACHMENT NO. 4
[DRAFT]
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT APREVIOUSLY-APPROVED CEQA NEGATIVE DECLARATION
IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION
AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT N0. 4033 AND
AMENDING RESOLUTION NO. PC98-98, AS PREVIOUSLY AMENDED
($712 EAST SANTA ANA CANYON ROAD)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for an amendment to previously-approved Conditional Use Permit No. 4033 to add three
modular units to an existing church for Sunday school classrooms for certain real property in the
City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto
and incorporated herein by this reference.
WHEREAS, on June 22, 1998, the Anaheim City Planning Commission, by its
Resolution No. PC98-98, did approve Conditional Use Permit No. 4033 to permit a 29,503
square foot church with an accessory day care center, fellowship hall, and multi-purpose building
in conjunction with existing modular buildings; and
WHEREAS, on July 19, 1999, the Anaheim City Planning Commission, by its
Resolution No. PC99-131, did approve an amendment to Conditional Use Permit No. 4033 to
permit revised plans for a manufactured home for a parsonage and amend requirements
pertaining to landscaping and roof-mounted equipment, and did amend the conditions of
approval of Resolution No. PC98-98 adopted in connection therewith, and
WHEREAS, on March 1, 2004, staff determined that a 5,611 square foot addition
to the fellowship hall was in substantial conformance with previously-approved plans; and
WHEREAS, on April 5, 2004, the Anaheim City Planning Commission, by its
Resolution No. PC2004-39, did approve an amendment to Conditional Use Permit No. 4033 to
modify the time limitation for four (4) existing modular buildings, and to further allow the
establishment of four (4) additional modular buildings for accessory church activities and modify
hours of operation, and did amend the conditions of approval of Resolution No. PC98-98
adopted in connection therewith; and
WHEREAS, Condition No. 1 of Resolution No. PC98-98, as subsequently
amended by Resolution No. PC2004-39, states:
That within a period of ten (10) years from the date of this resolution, the modular
buildings (except for the dressing room and restroom located adjacent to the
outdoor chapel at the western portion of the property) shall be removed from this
property. In the event that permanent facilities to replace the modular buildings
are built during the ten (] 0) year period, the temporary modulars shall be removed
within sixty (60) days of the occupancy of the permanent facilities.
-1- PC2008-***
WHEREAS, the applicant has requested an amendment ko Conditional Use Permit
No. 4033 to amend Condition No. 1 to permit three additional modular units to be used for
Sunday school classrooms and to modify the ten (10) year limitation; and
WHEREAS, this property is currently developed with a church, including
modular buildings, a parsonage, biblical theme garden and water feature, and an outdoor chapel;
and
WHEREAS, the Anaheim General Plan designates this property for Open Space
land uses and this property is located in the SP88-1 (Sycamore Canyon Specific Plan),
Development Area 9 (Single-Family Residential) zone; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 23, 2008, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit with a waiver of minimum number of parking spaces 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 an amendment to the conditional use permit to permit three additional
modular classrooms and modify the time limitation is permitted under authority of Code Section
18.60.190;
2. That an amendment to the conditional use permit to permit three additional
modular classrooms and amend the time limitation for the modular buildings will not adversely
affect the adjoining land uses or the growth and development of the area because the requested
modular units would be located adjacent to existing modular buildings and the existing modular
buildings have not affected the surrounding area;
3. That the size and shape of the site for the church, as amended, is adequate to
allow full development of the proposed use in a manner not detrimental to the particular area nor
to the peace, health, safety, and general welfare because a large portion of the site would remain
continue to remain undeveloped;
4. That granting of the amendment to the conditional use permit under the conditions
imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim
and will provide a land use that is compatible with the surrounding area because the requested
modular units would be accessory to the existing church operations;
5. That the traffic generated by the church, as amended, will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in the area
because a negligible increase in vehicles is anticipated with the addition of modular buildings;
and
-2- PC2008-***
6. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
NOW, THEREFORE, BE IT RESOLVED 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. 4033 iS adequate to serve as
the required environmental documentation in connection with this request.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the
reasons hereinabove stated does hereby approve the proposed amendment to Conditional Use
Permit No. 4033 to permit three additional modular classrooms and remove the ten (10) yeaz
time limitation as requested by the applicant.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby amend, in their entirety, the conditions of approval adopted in connection with Planning
Commission Resolution No. 98-98 approving Conditional Use Permit, as follows:
No. Conditions of Approval )iesponsible for
Monitorin
GENERAL , .
1 Tliat all temporazy modulaz buildings (except for the dressing Planning
room and restroom located adjacent to the outdoor chapel at the
western portion of the property) shall be removed from the
property within sixty (60) days of the occupancy of the
permanent facilities.
2 That a building pernut shall be obtained for the proposed Building
modular units.
3 That since the west modulaz building requires a retaining wall, Public Works -
appropriate access and drainage devises, the applicant shall obtain Development
a grading pemut. The grading plans must show drainage patterns Services
and the accessible path of travel for the proposed modulaz
classroom.
4 ThaYall outdoor church activities shall not begin before 9 a.m. .Code Enforcement
and shall end before dusk or by 8 p.m., whichever is later,
except on religious holidays (not to exceed ten (10) days per
calendaz year).
5 That no outdoor amplified sound systems shall be installed on Code Enforcement
the subject property, and that all outdoor events shall comply
with the requirements of Chapter 6.70 "Sound Pressure Levels"
of the Anaheim Municipal Code.
-3- PC2008 ***
6 That prior to issuance of any Special Events Permit for outdoor Planning
activity on this property, the petitioner shall obtain a Special
Circumstance Waiver from the Zoning Administrator. ~
7 That trash storage area(s) shall be maintained in locations Public Works -
acceptable to the Public Works Department, Streets and Streets and
Sanitation Division, and in accordance with approved plans on Sanitation
file with said Department. Said storage azeas shall be designed, j
located and screened so as not to be readily identifiable from
adjacent streets or highways. The walls of the storage azeas
shall be protected from graffiti opportunities by the use of plant
materials such as clinging vines or tall shrubbery.
8 That an on-site trash truck tum-around area shall be maintained Public Works -
to the satisfaction of the Public Works Department, Streets and Streets and
Sanitation Division. Sanitation
9 That gates shall not be installed across any driveway or private Public Works -
street in a manner which may adversely affect vehiculaz traffic Traffic and I
on the adjacent public street. Installation of any gates shall be Transportation
subject to review and approval by the City Traffic and
Transportation Manager prior to issuance of a building permit.
10 That all air conditioning facilities and all other ground mounted Planning
equipment shall be fully shielded from view and the sound
buffered from adjacent residential properties. Such information
shall be specifically shown on the plans submitted for building
permits. No roof mounted equipment shall be permitted.
11 . That lighting of signage for subject property shall be prohibited Code Enforcement
between the hours of midnight and 6:30 a.m. All new signage
visible from off-site shall be subject to review and approval of Planning
the Planning Commission as a "Reports and Recommendations"
agenda item.
12 That no outdoor lighting for the parking lot, driveways, athletic Planning
fields or buildings shall be installed prior to review and
approval of a comprehensive lighting plan by the Planning
Commission as a "Reports and Recommendations" agenda item.
That any future light fixtures shall be down-lighted and
directed away from adjacent residential property lines to protect
the residential integrity of the azea and shall be so-specified on
the plans submitted for permits.
-4- PC2008-***
13 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City
of Anaheim by the petitioner and which plans aze on file with
the Planning Department marked Revision No. 3 of Exhibit No.
1 and Exhibit Nos. 2 through 15, and as conditioned herein.
14 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 except as amended herein Planning
Commission Resolution No. PC98-98, as previously amended, remains 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 declazed invalid or unenforceable by the final judgment of the court of
competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed
null and void.
AND BE IT FURTHER RESOLVED that the property owner/applicant is
responsible for paying all charges related to the processing of this discretionary case application
within 15 days of the issuance of the final invoice, prior to the issuance of building permits or
commencement of activity 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 June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18:60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and maybe
replaced by a City Council Resolution in the event of an appeal.
CHAIltMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- 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 June 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
.SBSENT: COMMISSIONERS:
IN WITNE55 WHEREOF, I have hereunto set my hand this day of
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2008 ***
Subject Property
Conditional Use .Permit No. 4033
Tracking fVo. CUP 2008-05318
8712 East Santa Ana Canyon Road
1-0553
o so iao Source: RecoNed Trecl Maps and/or Ciry GIS.
~~ Please note the accuracy Is +/- two to five feel.
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June 23, 2008
Subject Property
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Tentative Tract Map No. 17251
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203 South Anaheim Boulevard, 290 South Lemon Street and 180 West Center Street ~oesz
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June 23, 2008
Subject Property
Tentative Tract Map IVo. 17251
203 South Anaheim Boulevard, 290 South Lemon Street and 180 West Center Street 10552
ATTACIIINIENT NO. 1
pROJECT SUMMARY
TENTATIVE TRACT MAP NO. 17251
Lot'. I!Ioors' i7se Owner
A Ground Veteran's Memorial ARA
1 Subterranean Land below pazking structure ARA
2 Ground level and
underground paz~ structure
g ARA
3 Ground Public Plaza ARA
4 151 Floor Retail CIM
5 15 Floor Retail CIM
6 15` Floor Retail CIM
7 15` Floor Cultural Center (Muzeo) ARA
8 151- 2" Floors Residential CIM
9 151- 5` Floors Residential -CIM
10 151- 5 Floors Residential CIM
11 Area 25 ft. above
residential lots Roof CIM
12 Area above Lot 11 Airs ace CIM
13 Ground Trash staging azea CIM
ARA -Anaheim Redevelopment Agency
CIM Group -Owner/developer of mixed use project
[~RAF'I'] .~'J<'TAC 1~1'I' 1V®. 2
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING THAT EIR NO. 189 -ADDENDUM TO KOLL ANAHEIM CENTER
(PREVIOUSLY CERTIFIED) IS THE APPROPRIATE ENVIRONMENTAL,...
DOCUMENTATION FOR THE PROJECT AND APPROVING TENTATNE TRACT
MAP NO. 17251 (203 SOUTH ANAHEIM BOULEVARD,
290 SOUTH LEMON STREET, AND 180 WEST CENTER STREET}
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for a Tentative Tract Map for certaisreal property situated in the City of Anaheim, County of
Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this
reference.
WHEREAS, Tentative Tract Map No. 17251 is proposed to establish a 14-lot (1-
lettered and 13-numbered) airspace subdivision for an existing mixed use project; and
WHEREAS, this property is developed with a mixed use project consisting of a
public plaza on the podium deck, a parking structure below the podium deck, and three separate
buildings constructed .above the podium deck. The property is zoned General Commercial,
Downtown Mixed Use Overlay (C-G (DMU)). The General Plan designates the subject property
and adjacent properties for Mixed Use land uses; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on .June 23, 2008, at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed
conditional use permit and to investigate and make findings and recommendations in connection
therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That the proposed tentative tract map, including its design and improvements, is
consistent with the Anaheim General Plan and the General Commercial (C-G), Downtown
Mixed Use (DMU) Overlay zone.
2. That the .site is physically suitable for the proposed type of development at the
proposed density and therefore, would not cause public health or safety problems or
environmental damage. '
3. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to the subject petition.
- 1 - PC2008 ***
WHEREAS, the~City Council certified Environmental Impact Report No. 189 and
Addendum in connection with the Koll Anaheim Center. This EIR and Addendum was
previously-considered by the Planning Commission in July of 1994, in connection with approval
of CUP 3695 (Disney Ice Rink) and in June of 1990, in connection with approval of CUP 3286
(Koll Anaheim Center), Reclassification No. 89-90-59, and Development Agreement No. 90-1.
The Anaheim Center is a portion of the larger Downtown Sub-azea of Redevelopment Project
Alpha. Over time, a series of environmental documents have been certified in connection with
various redevelopment activities within the Downtown Sub-area of Redevelopment Project
Alpha. The previously-certified environmental documents consist of Final Subsequent EIR for
the Second Amendment to the Redevelopment Plan for Redevelopment Project Alpha (1976);
Supplemental EIR for Project Alpha Pazcel 10 (1983); Subsequent EIR for Pazcels 8 and 9
(1983); and the most recent Addendum to the Koll Anaheim Center (1990). The Addendum for
Koll Anaheim Center summarized and evaluated the approved mitigation measures from the
previously-certified EIR's that directly related to the Koll Anaheim Center project and included
additional traffic and sewer analysis. The previously-approved environmental documents are
considered to have evaluated the worst case scenario. As a result of this previous certification,
the Koll Anaheim Center is currently entitled for 1,189,000 squaze feet of total development,
including office, restaurant, retail, theater and hotel uses. However, the amount of development
that has actually occurred within the Koll Anaheim Center to date only totals approximately
560,000 squaze feet, including office, retai]/restaurant and recreational (ice rink) uses.
Therefore, the actual scope of development on Pazcels A, B, C and D is within the worst-case
thresholds analyzed in the previously-certified environmental documentation. Therefore, the
previously-certified EIR No. 189 and Addendum is adequate to serve as the required ,
environmental documentation for this proposal and satisfies all of the requirements of CEQA,
and no further environmental documentation need be prepazed for the proposed project actions.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission for
the reasons hereinabove stated does hereby grant subject Petition for Tentative Tract Map No.
17251 upon the following conditions which aze hereby found to be a necessary prerequisite to
the proposed use of the subj ect property in order to preserve the health, safety and general
welfaze of the Citizens of the City of Anaheim:
No.
Conditions of Approval Responsible
for
Monitorin
PRl'OR TO APPRO PAZ OF FINAL TRACT MAP., u
1 That an unsubordinated restricted covenant providing reciprocal Planning
access and parking, approved by the Planning Department and
in a form satisfactory to the City Attorney, shall be recorded
with the Office of the Orange County Recorder. A copy of the
recorded covenant shall then be submitted to the Planning
Department. In addition, provisions shall be made in the
covenant to guazantee that the entire complex shall be managed
and maintained as one (1) integral pazcel for purposes of
parking, vehicular circulation, signage, maintenance, land usage
and azchitectural control, and that the covenant shall be
referenced in all deeds transferring all or any part of the interest
in the property.
- 2 - PC2008-***
2 The final map shall be submitted to and approved by the City of Public
Anaheim and the Orange County Surveyor and then shall be Worlcs
recorded in the Office of the Orange County Recorder
(Subdivision Map Act, Section 66499.40).
3 That timing for compliance with conditions of approval maybe Planning
amended by the Planning Director upon a showing of good
cause provided (i) equivalent timing is established that satisfies
the original intent and purpose of the condition(s), (ii) the
modification complies with the Anaheim Municipal Code and
(iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
4 That extensions for fiuther time to complete conditions of Planning
approval maybe granted in accordance with Section 18.60.170 ~
of the Anaheim Municipal Code. '
5 That approval of this application constitutes approval of the Planning I
proposed request only to the extent that it complies with the i
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 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
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 June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60, "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal
procedures and maybe replaced by a City Council Resolution in the event of an appeal.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
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 June 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
- 4 - PC2008-***
6RCP~~PY
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Subject Property
Tentative Tract fVlap IVo. 17251
203 South Anaheim Boulevard, 290 South Lemon Street and 180 West Center Street 117552
Source: Recorded Tract Maps and/or Cily GIS.
Please note the accuracy is +/- two to five (eel.
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CHAPMAN AVENUE
- -324 373"--
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June 23, 2008
-' Subject Property
Public Convenience or Necessity No. 2008-00044
511 West C
man Avenue
10561
June 23, 2008
Subject Property
Public Convenience or Necessity No. 2008-00044
511 West Chapman Avenue ,oss~
~` '0° Aerial Photo:
K ; July 7.008
(IDRAFT] ATTACHMENT NO. 1
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING A CEQA CATEGORICAL EXEMPTION, CLASS 1 AND
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2008-00044
FOR AN EXCHANGE OF AN ALCOHOLIC BEVERAGE LICENSE
FROM A TYPE 20 TO A TYPE 21 LICENSE
(511 WEST CHAPMAN AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R-134
establishing procedures and delegating certain responsibilities to the Planning Commission relating
to the determination of "public convenience or necessity" on those certain applications requiring
that such determination be made by the local governing body pursuant to applicable provisions of
the Business and Professions Code, and prior to the issuance of a license by the Department of
Alcoholic Beverage Control (.ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that the
ABC shall deny an application for a license if issuance of that license would tend to create a law
enforcement problem, or if issuance would result in or add to an undue concentration of licenses,
except when an applicant has demonstrated that public convenience or necessity would be served by
the issuance of a license; and
WHEREAS, the Anaheim Planning Commission did receive an application for a
Determination of Public Convenience or Necessity to permit the exchange of an existing Type 20
ABC beer and wine license to a Type 21 ABC license allowing off-sale of beer, wine and distilled
spirits as an ancillary use to an existing convenience mazket for certain realproperty situated in the
City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit
"A" attached hereto and incorporated by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 23, 2008, at 2:30 p.m., notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed variance
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at
said hearing, does find and determine the following facts:
1. That the existing business is a legal non-conforming use. Conditional Use Permit No.
3055 was approved by the Planning Commission on August 29, 1988, to permit a convenience
market in an existing commercial retail center located within the General Commercial (CG) zone
with fewer parking spaces than allowed by code. In 2005, the property was reclassified to the
Anaheim Resort Specific Plan Zone and the business became legal nonconforming as convenience
stores are not permitted within the Anaheim Resort Specific Plan zone. On February 24, 2008, the
Zoning Administrator approved Miscellaneous Permit No. 2008-00240 to modify a nonconforming
use to exchange an existing Type 20 ABC beer and wine license to a Type 21 ABC license allowing
off-sale of beer, wine and distilled spirits as an ancillary use to the convenience market.
-1- PC2008-***
2. That California State Law requires a Determination of Public Convenience or
Necessity when property is located in a police reporting district with a crime rate above the city..,.....
average; and that Section 23958 of the Business and Professions Code provides that the ABC shall
deny an application for a license if issuance of that license would tend to create a law enforcement
problem or if issuance would result in, or add to, an undue concentration of licenses, except when
an applicant has demonstrated that public convenience or necessity would be served by issuance of
a license.
3. That Resolution No. 95R-134 authorizes the City of Anaheim Police Department to
make recommendations related to the public convenience or necessity determinations; and that said
recommendations shall take the form of conditions of approval to be imposed on the determination
in order to ensure that the sale and consumption of alcoholic beverages does not adversely affect
any adjoining land use or the growth and development of the surrounding area.
4. That the subject property is located in Reporting District 2225 which has a crime rate
of 145 percent above the City average. The property is also located within Census Tract No. 884.03
which has a population of 6,514. This census tract allows for four licenses and there are currently
nine licenses in the tract (three licenses are located in Anaheim and six licenses are located in the
City of Garden Grove).
5. That there aze no schools or public parks adjacent to or within 500 feet of the subject
site.
6. That there are ABC licenses for off-premises sale and consumption in the neazby
vicinity of the subject site located in the City of Gazden Grove; however, the conditions of approval
will ensure that approval of this request will not adversely affect any adjoining land use or the
growth and development of the surrounding area.
7. That the owner proposes to "surrender" his current Type 20 license and will obtain a
new Type 21 license. Therefore, there will not be a net increase in the number of ABC licenses
within the applicable Census Tract.
8. That the Determination of Public Convenience or Necessity can be made based on the
finding that the license requested is consistent with the Planning Commission guideline for such
determinations.
9. That alcoholic beverage sales for off-premises consumption will be accessory to the
general retail sales of the existing convenience market. The retail store with accessory alcoholic
beverage sales will provide a convenience to patrons visiting the retail center and The Anaheim
Resort for various types of merchandise, dining, recreational activities, .and personal services.
Therefore, the requested off sale license will not be detrimental to the area provided that restrictions
on the sales of alcoholic beverages are included in the approval.
10. That the sale of liquor will continue to be an ancillary component of the business and
the primary focus of the operations will be on maintaining a convenience store where residents and
tourists alike will be able to purchase everyday necessities such as perishable goods, general
household products, packaged food products, and hot and cold beverages.
-2- PC2008-***
11. That the Anaheim Police Department does not oppose the proposed ABC License
exchange and recommends condirions of approval that aze included below.
12. That *** indicated their presence at the public hearing in opposition; and that ***
correspondence was received in opposition to the subject request.
WHEREAS, the proposed project falls within the definition of Categorical, -
Exemptions, 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 Tf RESOLVED that the Anaheim Planning Commission
does hereby determine that the :public convenience or necessity will be served by the exchanging of
the ABC license for the business from a Type 20 to a Type 21 license based upon the following
conditions found to be a necessary prerequisite to the proposed use of the subject property in order
to preserve the health, safety and general welfare of the Citizens of the City of Anaheim:
No. Conditions of Approval Responsible for
Monitoring
GENERAL
1 That there shall be no exterior advertising or sign of any kind or Police/Code
type, including advertising directed to the exterior from within, Enforcement
promoting or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages or signs which aze .
cleazly visible to the exterior shall constitute a violation of this
condition.
2 That no display of alcoholic beverages shall be located outside Police/ Code
of a building or within five (5) feet of any public entrance to the Enforcement
building.
3 That the azea of alcoholic beverage displays shall not exceed Police/Code
35% of the total display area in a building. Enforcement
4 That sale of alcoholic beverages shall be made to customers only Police/Code
when the customer is in the building. Enforcement
5 That no person under 21 years of age shall sell or be permitted to Police/Code
sell alcohol without someone 21 yeazs of age or older present. Enforcement
6 That beer and malt beverages shall not be sold in packages Police/Code
containing less than a six (6) pack, and wine coolers shall not be Enforcement
sold in packages containing less than a four (4) pack. No other
wine shall be sold in bottles or containers of less than 750 ml.
The sale of beer or malt beverages in quantities of quarts, 22 oz.,
32 oz., 40 oz., or similar size containers shall be prohibited.
-3- PC2008-***
7 That the possession of alcoholic beverages in open containers Police/Code
and the consumption of alcoholic beverages are prohibited on or Enforcement
around these premises.
8 . That the pazking lot of the premises shall be equipped with Police/Code
lighting of a minimum 1 foot candle power to illuminate and Enforcement
make easily discernible the appearance and conduct of all
persons on or about the parking lot. Additionally, the position of
such lighting shall not disturb the normal privacy and use of any
neighboring residences.
9 That there shall be no amusement machines, video game Police/Code
devices, or pool tables maintained upon the premises at any Enforcement
time.
10 That there shall be no public telephones on the property that are Police/Code
located outside the building and within the control of the Enforcement
.applicant.
11 That the gross sales of alcoholic beverages shall not exceed 35 Police/Code
percent of all retail sales during any three (3) month period. The Enforcement
applicant shall maintain records on a quarterly basis indicating
the separate 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.
12 That the petitioner shall be responsible for maintaining the azea Police/Code
adjacent to the premises over which they have control, as Enforcement
depicted on Exhibit 1, in an orderly fashion through the
provision of regular maintenance and removal of trash or debris.
Any graffiti painted or marked upon the premises or on any
adjacent azea under the control of the licensee shall be removed
or painted over within 24 hours of being applied.
13 That the rear door(s) shall be kept closed at all times during the Police/Code
operation of the premises except in the cases of emergency and to Enforcement
permit deliveries. Said door(s) shall not consist entirely of a
screen door or venfilated security door.
14 That signs shall be prominently posted at the wine storage and the Police/Code
cash register azea reading; "Wine coolers may be purchased on Enforcement
these premises only in quantities of a four-pack or more."
-4- PC2008 ***
15 That subject property shall be developed substantially in Planning
accordance with plans and specifications submitted to the City -
ofAnaheim bythe petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1 and 2, and as
conditioned herein.
16 That approval of this application constitutes approval of the Planning
proposed request only to the extent that is 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 this permit is approved without limitations on
the hours of operation or the duration of the use. Amendments, modifications and revocations of
this permit may be processed in accordance with Chapters 18.60..190 (Amendment of Permit
Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim
Municipal Cade.
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
chazges related to the processing of this discretionary case application within 15 days of the
issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval
of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Zoning Provisions -General" of the Anaheim Municipal Code pertaining to appeal
procedures and maybe replaced by a City Council Resolution in the event of an appeal.
CHAII2MAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- 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 Tune 23, 2008, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
X008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2008-***
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Subject Property
Public Convenience or Necessity
No. 2008-00044
511 West Chapman Avenue
Source: Recorded Tract Maps and/or City GIS.
Please note the accuracy Is +/- two to five feet.
1056'1
CHAPMAN AVENUE
City of Anaheim aT~raexM~NT No. z
P®I.ICE DEPAIS~'1VIEl®i'T
Special Operations Division
To: Dave See
Planning Department
From: Lieutenant Don Klein
Vice, Narcotics, and Criminal Intelligence Bureau
Commander
Date: June 6, 2008
RE: PCN 2008-00044
The Orange
511 W. Chapman
Anaheim, CA 92802
The Police Department has received an LU.L. Route sheet ror rcN
File 2008-00044. The applicant is requesting to upgrade an existing
type 20 beer and wine alcoholic beverage and control license to a type
21 general alcoholic beverage and control license.
The location is within Reporting District 2225, which has a crime rate of
145 percent above average. It is also within census tract 884.03, which
has a population of 6,514. This population allows for 7 On Sale
Alcoholic Beverage Control Licenses and there are presently 7 licenses
in the tract. This population also allows for 4 Off Sale Alcoholic
Beverage Control Licenses and there are presently 9 licenses. This will
not be an additional license in this tract. The owner will surrender his
current license and get the new 21 type license. The total amount will
remain the same.
The Reporting District to the north of this location is 2125 with a crime
rate of 190 percent above average. The Reporting District to the south
is the City of Garden Grove. The Reporting District to the east is 2226
with a crime rate of 11 percent below average. The Reporting District to
the west is Garden Grove.
The Police Department does not oppose this request. We do request
that the following conditions are placed on the CUP:
1) There shall be no exterior advertising or sign of any kind or type,
including advertising directed to the exterior from within, promoting
or indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible
to the exterior shall constitute a violation of this condition.
Anaheim Police Dept.
425 S. Harhor Blvd.
Anaheim, CA 9?805
TEL: 7I4.765.I901
FAX: 714.765.16(5
Memorandum
Dave See
The Orange
2) No display of alcoholic beverages shall be located outside of a
building or within five (5) feet of any public entrance to the
building.
3) The area of alcoholic beverage displays shall not exceed 25% of
the total display area in a building.
4) Sale of alcoholic beverages shall be made to customers only
when the customer is in the building.
5) No person under 21 years of age shall sell or be permitted to sell
alcohol without someone 21 years of age or older present.
6) The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages are .prohibited on or around
these premises.
7) The parking lot of the premises shall be equipped with lighting of
sufficient power to illuminate and make easily discernible the
appearance and conduct of all persons on or about the parking lot.
Additionally, the position of such lighting shall not disturb the
normal privacy and use of any neighboring residences.
8) There shall be no amusement machines, video game devices, or
pool tables maintained upon the premises at any time.
9) There shall be no public telephones on the property that are
located outside the building and within the control of the applicant.
10) The gross sales of alcoholic beverages shall not exceed 35
percent of all retail sales during any three (3) month period. The
applicant shall maintain records on a quarterly basis indicating the
separate 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.
11) Any Graffiti painted or marked upon the premises or on any
adjacent area under the control of the licensee shall be removed
or painted over within 24 hours of being applied.
12) The petitioner shall be responsible for maintaining free of
litter the area adjacent to the premises over which they have
control, as depicted..
Page 2
Memorandum
Qave See
The Orange
13) Wine shall not be sold in bottles or containers smaller than
750 ml, and wine-coolers, beer coolers must be sold in
manufacturer pre-packaged multi-unit quantities.
14) Hours of operation are to continue to be limited to 10:OOpm.
15) The sale of beer or malt beverages in quantities of quarts, 22
oz., 32 oz., 40 oz., or similar size containers is prohibited.
16) Beer and malt beverages shall not be sold in packages
containing less than a six (6) pack, and wine coolers shall not
be sold in packages containing less than a four (4) pack.
Please contact Sgt. Allan Roman at extension 1451 if you require
further information in regards to this matter.
f:\homeMmirwin\CUP\2008-00044 PCN 511 W Chapman.doc
Page 3
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June 23, 2008
Zoning Code Amendment No. 2008-00067
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June 23, 2008
Zoning Code Amendment No. 2008-00067
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June 23, 2008
? Subject Property
Reclassification No. 2008-00217
8300 - 8306 East La Palma Avenue
Southeast Comer of Weir Canyon Road
and La Palma Avenue
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June 23, 2008
Subject Property
Raclassifcatiot~ No. 2008-00217
8300 - 8306 East La Palma Avenue
Southeast Corner of Weir Canyon Road
and La Palma Avenue
27fifi
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DRAFT ATTACHMENT NO.1
RESOLUTION NO. PC2008-***
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
APPROVING RECLASSIFICATION NO. 2008-00217 AND DETERMINING THAT A
PREVIOUSLY-APPROVED MTI'IGATED NEGATIVE DECLARATION IS THE
APPROPRIATE ENVIRONMENTAL DETERMINATION FOR THIS REQUEST .
(A 1.95-ACRE PORTION OF 8300 AND 8306 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition
for Reclassification for a portion of certain City-owned real property situated at 8300 and 8306
East La Palma Avenue in the City of Anaheim, County of Orange, State of California, as legally
described in Exhibit "A", and as shown in Exhibit "B", attached hereto and incorporated herein
by this reference.
WHEREAS, the Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on June 23, 2008 at 2:30 p.m., notice of said public hearing
having been duly given as required by law and in accordance with the provisions of the Anaheim
Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said
proposed reclassification and to investigate .and make findings and recommendations in
connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made
by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1. That this is aCity-initiated reclassification of subject property from the General
Commercial (C-G), Scenic Corridor (SC) Overlay zone to the Open Space (O-S), Scenic
Corridor (SC) Overlay zone.
2. That the proposed Open Space (O-S), Scenic Corridor (SC) Overlay zone would
be consistent with the property's existing Park land use designation of the General Plan.
3. That the proposed reclassification of subject property is necessary andlor
desirable for the orderly and proper development of the community and would serve to preserve
this property known to contain the federally-protected Coastal California gnatcatcher and habitat.
4. That the proposed reclassification of subject property does properly relate to the
zones and their permitted uses locally established in close proximity to subject property and to
the zones and their permitted uses generally established throughout the community.
5. That *** indicated their presence at said public hearing in opposition; and that
*** correspondence was received in opposition to subject petition.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning
Commission has reviewed the proposal and does hereby find and determine that the Mitigaked
Negative Declaration previously-approved in connection with the Weir Canyon Road/La Palma
- 1 - PC2008-***
Avenue Improvement/Restoration project is adequate to serve as the required environmental
documentation in connection with this request upon finding [hat the declaration reflects the
independent judgment of the lead agency and [hat it has considered the previously-approved
Mitigated Negative Declaration together with any comments received during the public review -
process and that there is no .substantial evidence that the reclassification will have a significant
effect on the environment.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does
hereby approve the subject Petition for Reclassification to authorize an amendment to the Zoning
Map of the Anaheim Municipal Code to exclude the above-described property from the General
Commercial (C-G), Scenic Corridor (SC) Overlay zone and to incorporate said described
property into the Open Space (OS), Scenic Corridor (SC) Overlay zone.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning
of, or a commitment by the City to rezone, the subject property; any such rezoning shall require
an ordinance of the City Council, which shall be a legislative act, which may be approved or
denied by the City Council at its sole discretion.
THE FOREGOING RESOLUTION was adopted at the Planning Commission
meeting of June 23, 2008. Said resolution is subject to the appeal provisions set forth in Chapter
18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be
replaced by a City Council Resolution in the event of an appeal.
CHAIl2MAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CTI'Y OF ANAHEIM )
I, ,Senior Secretary of the Anaheim Planning Commission,
do hereby certify that the foregoing resolution was passed and adopted at a meeting of the
Anaheim Planning Commission held on June 23, 2008, by the following vote of the members
thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
_, 2008.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
_ 2 _ PC2008-***
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