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PC 2010/10/25H:\TOOLS\PC Admin\PC Agendas\(102510).doc City of Anaheim Planning Commission Agenda Monday, October 25, 2010 Council Chamber, City Hall 200 South Anaheim Boulevard Anaheim, California • Chairman: Stephen Faessel • Chairman Pro-Tempore: Peter Agarwal • Commissioners: Todd Ament, Joseph Karaki, Harry Persaud Victoria Ramirez, John Seymour • Call To Order - 5:00 p.m. • Pledge Of Allegiance • Public Comments • Discussion – Presentation by Redevelopment Agency staff regarding the history and status of the Westgate Shopping Center project • Consent Calendar • Public Hearing Items • Commission Updates • Adjournment 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. A copy of the staff report may be obtained at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also available on the City of Anaheim website www.anaheim.net/planning on Thursday, October 21, 2010, after 5:00 p.m. Any writings or documents provided to a majority of the Planning Commission regarding any item on this agenda (other than writings legally exempt from public disclosure) will be made available for public inspection in the Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim, California, during regular business hours. You may leave a message for the Planning Commission using the following e-mail address: planningcommission@anaheim.net 10/25/10 Page 2 of 8 Anaheim Planning Commission Agenda - 5:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim City Planning Commission or public comments on agenda items with the exception of public hearing items. Discussion: Presentation by Redevelopment Agency staff regarding the history and status of the Westgate Shopping Center project. 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. Minutes ITEM NO. 1A Receiving and approving the Minutes from the Planning Commission Meeting of September 27, 2010. These minutes have been provided to the Planning Commission and are available for review at the Planning Department. Motion Reports and Recommendations ITEM NO. 1B CONDITIONAL USE PERMIT NO. 2008-05308A (DEV2010-00160) Applicant/ Owner: David Gottlieb Anaheim Redevelopment Agency 201 S. Anaheim Boulevard Anaheim, CA 92805 Location: 200 - 300 North Beach Boulevard The applicant requests review and approval of final site and elevation plans for Westgate shopping center (Phase 1 - Winco supermarket). Environmental Determination: A previously-certified Final Environmental Impact Report is the appropriate environmental documentation for the proposed action. Motion Project Planner: David See dsee@anaheim.net 10/25/10 Page 3 of 8 Public Hearing Items ITEM NO. 2 RECLASSIFICATION NO. 2010-00241 (DEV2010-00155) Owner/ Applicant: Anaheim Redevelopment Agency Sergio Ramirez, Project Manager II 201 South Anaheim Boulevard, Suite 1003 Anaheim, CA 92805 Location: Area A: Six parcels consisting of 8.43 acres and located at 1200-1320 South Anaheim Boulevard, and 1207 South Claudina Street Area B: These two parcels consist of 3.26 acres located at 1601 South Anaheim Boulevard. A City-Initiated request to rezone the subject properties from the Industrial (I) zone to General Commercial (C-G) zone designation. Environmental Determination: Previously-certified EIR 330 has been determined to serve as the appropriate environmental documentation for this request. Resolution No. ______ Project Planner: Scott Koehm skoehm@anaheim.net 10/25/10 Page 4 of 8 ITEM NO. 3 CONDITIONAL USE PERMIT NO. 1424A (DEV2010-00149) Owner: Bishop of the Protestant Episcopal Church 1711 Pomona Avenue Costa Mesa, CA 92627 Scott Ramser 2222 Howell Avenue, L.P. 1711 Pomona Avenue Costa Mesa, CA 92627 Applicant: Phillip Schwartze PRS Group 31872 San Juan Circle San Juan Capistrano, CA 92675 Location: 2221-2225 East Katella Avenue The applicant proposes to amend or delete a condition of approval pertaining to a time limitation for an automobile sales dealership with independent auto finance and automotive repair uses on-site. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net 10/25/10 Page 5 of 8 ITEM NO. 4 CONDITIONAL USE PERMIT NO. 2001-04318A (DEV2010-00150) Applicant/ Owner: Bob Kopeny Calvary Chapel East Anaheim 5605 E. La Palma Ave. Anaheim, CA 92807 Agent: Terry Jacobson J7 Architecture, Inc. 20361 Irvine Ave., Studio B-2 Newport Beach, CA 92660 Location: 5605 East La Palma Avenue The applicant proposes to amend a previously-approved conditional use permit to permit the expansion of an existing church. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities). Resolution No. ______ Project Planner: David See dsee@anaheim.net 10/25/10 Page 6 of 8 ITEM NO. 5 RECLASSIFICATION NO. 2010-00240 TENTATIVE TRACT MAP NO. 17393 CONDITIONAL USE PERMIT NO. 2010-05523 (DEV2010-00134) Owner: Javier M. Brito 11962 Daniel Avenue Garden Grove, CA 92840 Applicant: Melia Homes Chad Brown, Development Manager 660 Newport Center Drive, Suite 1050 Newport Beach, CA 92660 Location: 2248 South Loara Street The applicant proposes to: rezone this property from the RM-2 (Multiple Family Residential) zone to (RS-4) Single Family Residential zone designation; establish a 1-lot, 5- unit residential subdivision and permit the construction of five single-family residences with modified rear yard and side yard setbacks. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Class 15 (Minor Land Divisions) and Class 32 (In-Fill Development Projects). Resolution No. ______ Resolution No. ______ Resolution No. ______ Project Planner: Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, November 8, 2010 at 5:00 p.m. 10/25/10 Page 7 of 8 CERTIFICATION OF POSTING I hereby certify that a complete copy of this agenda was posted at: 4:30 p.m. October 20, 2010_ (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, Variances, 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 CITY PLANNING COMMISSION 10/25/10 Page 8 of 8 The City of Anaheim wishes to make all of its public meetings and hearings accessible to all members of the public. The City prohibits discrimination on the basis of race, color, or national origin in any program or activity receiving Federal financial assistance. If requested, the agenda and backup materials will be made available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and regulations adopted in implementation thereof. Any person who requires a disability-related modification or accommodation, including auxiliary aids or services, in order to participate in the public meeting may request such modification, accommodation, aid or service by contacting the Planning Department either in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at (714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled meeting. La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza , color u origen nacional en cualquier programa o actividad que reciba asistencia financiera federal. Si se solicita, la agenda y los materiales de copia estarán disponible en formatos alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección 202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las normas federales y reglamentos adoptados en aplicación del mismo. Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la reunión programada. S C H E D U L E 2010 November 8 November 22 December 6 December 20 RM-4 DEV 2010-00160 VACANT C-G RETAIL C-G WELCOME INN & SUITES RM-4 APARTMENTS 31 DU C-G RETAIL C-G BEST VALUE INN & SUITES RM-3 CONDOMINIUMS/ TOWNHOUSES C-G RETAIL RM-4 RICHMONTS APARTMENTS 84 DU RM-4 RICHMONTS APARTMENTS 84 DU C-G SERVICE STATION C-G RETAIL C-G RETAIL RM-3 CONDOMINIUMS/ TOWNHOUSES RS-2SINGLE FAMILY RESIDENCEW LINCOLN AVEN BEACH BLVDBEACH BLVDN STANTON AVESTANTON AVEN BEL AIR STDRACAENA DR S LAXORE STBEL AIR STN RICHMONT DRW ANACAPA WAY W BRISTOL DR W. ORANGE AVE . CRESCENT AVE N. DALE AVEW. BROADWAY S. DALE AVEN. MAGNOLIA AVES. KNOTT AVE. KNOTT AVES. WESTERN AVEW. LINCOLN AVE W. LINCOLN AVE 11032200 - 300 North Beach Boulevard DEV2010-00160 Subject Property APN: 258-031-01 258-011-31 258-011-27 258-011-17 258-011-25 258-011-24 258-011-29 258-011-23 258-011-21 258-021-28 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 ANAHEIM CITY BOUNDARY BUENA PARK CITY BOUNDARY W LINCOLN AVEN BEACH BLVDBEACH BLVDN STANTON AVESTANTON AVEN BEL AIR STDRACAENA DR S LAXORE STBEL AIR STN RICHMONT DRN RIDGEWAY STW ANACAPA WAY W BRISTOL DR W. ORANGE AVE . CRESCENT AVE N. DALE AVEW. BROADWAY S. DALE AVEN. MAGNOLIA AVES. KNOTT AVE. KNOTT AVES. WESTERN AVEW. LINCOLN AVE W. LINCOLN AVE 11032200 - 300 North Beach Boulevard DEV2010-00160 Subject Property APN: 258-031-01 258-011-31 258-011-27 258-011-17 258-011-25 258-011-24 258-011-29 258-011-23 258-011-21 258-021-28 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 ANAHEIM CITY BOUNDARY BUENA PARK CITY BOUNDARY RESOLUTION NO. PC2008-46 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING PREVIOUSLY-CERTIFIED FINAL ENVIRONMENTAL IMPACT REPORT FOR THE WEST ANAHEIM COMMERCIAL CORRIDORS REDEVELOPMENT PROJECT AREA AND ADDENDUM AND MITIGATION MONITORING PLAN NO. 119 AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2002-04603 AND AMENDING RESOLUTION NO. 2002R-233 WITH WAIVER OF CODE REQUIREMENT (TRACKING NO. CUP2008-05308) (200-328 NORTH BEACH BOULEVARD AND 2951-2961 WEST LINCOLN AVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Conditional Use Permit with a waiver of code requirement 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; and WHEREAS, on November 5, 2002, the City Council, by its Resolution No. 2002R- 233, granted Conditional Use Permit No. 2002-04603 to permit a commercial retail center of regional significance including a home improvement store with an outdoor garden center, a multi- tenant retail building, two drive through fast food restaurants, three full service restaurants with on- premises consumption of alcoholic beverages, an amusement arcade, a food court with outdoor dining and beer and wine sales for on-premises consumption, and a self storage facility with storage containers and recreational vehicles and boats; and WHEREAS, the property is currently vacant and is zoned C-G (General Commercial) and RM-4 (Multiple-Family Residential with a resolution of intent to C-G) and the Anaheim General Plan designates the property for Regional Commercial land uses; and WHEREAS, the Anaheim Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on April 14, 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 project actions, including an amendment to Conditional Use Permit No. 2002-04603, 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 Conditional Use Permit No. 2002-04603 (Tracking No. CUP2008-05308) to construct a commercial retail center of regional significance to include retail stores, full service restaurants with sale and consumption of alcoholic beverages for on-premises consumption, drive through restaurants, a drive-through pharmacy with the sale of alcoholic beverages for off-premises consumption, an amusement device arcade, a multi-tenant food court ATTACHMENT NO. 2 -2- PC2008-46 with outdoor dining and the sale and consumption of alcoholic beverages, and a self storage facility with storage containers and recreational vehicles and boats is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.010 for this property. The proposed project also includes waivers of the following: (a) SECTION NO. 18.42.040 Minimum number of parking spaces. (1,675 spaces required; 1,190 spaces proposed) (b) SECTION NO. 18.46.110.020 Maximum fence height. (8 feet high permitted; 10 feet high proposed) 2. That waiver (a) pertaining to the minimum number of parking spaces is hereby approved based on the assumptions and conclusions contained in a parking study dated August 2006 and addendum dated April 4, 2008 which was prepared by the City’s parking and traffic consultant. The study concludes that a maximum demand of 1,180 spaces would be needed for the shopping center, resulting in a surplus of 10 spaces. This conclusion was based on the highest demand of the center which is during the weekend. Therefore, based on the findings contained in the study, the requested waiver will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. 3. That waiver (b) pertaining to maximum fence height is hereby approved since there are special circumstances applicable to the property due to the unique size, shape, and topography of this former landfill site which do not apply to other property under identical zoning classification in the vicinity. Moreover, the fencing will mitigate visual impacts to adjacent residential land uses and create an adequate buffer between the commercial and residential uses. 4. That the proposed use will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses, and will further provide a project that is compatible and consistent with the General Plan Regional Commercial land use designation. 5. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety of the citizens of the City of Anaheim. 6. That, with implementation of the mitigation measures set forth in Mitigation Monitoring Plan No. 119, the approval of the proposed shopping center will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 8. That a person representing the West Anaheim Neighborhood Development Council (WAND) spoke with concerns pertaining to the number of parking spaces, amusement/arcade devices, crime rate, and amount of drive through restaurants in the project, and two people spoke -3- PC2008-46 with suggestions pertaining to the type of businesses that would be appropriate for the center, and photographs of another shopping center were submitted; and that a letter was received in opposition to the subject request. WHEREAS, the City Council certified the Final Environmental Impact Report for the West Anaheim Commercial Corridors Redevelopment Project Area in 1998. The Council also approved a Statement of Findings and Facts and Mitigation Monitoring Plan No. 119 in conjunction with the Final EIR. The Final EIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of the West Anaheim Commercial Corridors Redevelopment Plan. In 2002, the Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with Conditional Use Permit No. 2002- 04603. The Addendum concluded that the proposed shopping center would not result in new significant impacts or substantial increases in the severity of previously identified significant impacts. Therefore, the previously-certified Final EIR, together with the Addendum and Mitigation Monitoring Plan No. 119, will serve as the required environmental documentation for the proposed project actions. NOW, THEREFORE, BE IT RESOLVED by the Anaheim Planning Commission of the City of Anaheim that the conditions of approval heretofore imposed on Conditional Use Permit No. 2002-04603, as set forth in City Council Resolution No. 2002R-233 be, and the same hereby amended in their entirety, to read as follows: No. Conditions of Approval Responsible for Monitoring TIMING: PRIOR TO ISSUANCE OF BUILDING PERMITS 1 That the following final plans shall be submitted to the Planning Department for Planning Commission review and approval as a “Reports and Recommendations” item: • Fully dimensioned, scaled, and detailed site plan • Fencing and landscaping plans (with materials, sizes, and locations of plant materials) • Comprehensive signage program • Final grading and property sectional plans • Building elevation plans including a colors and materials board • Accent paving plans • Decorative lighting plans • Roof and ground-mounted equipment location and treatment plans Planning -4- PC2008-46 No. Conditions of Approval Responsible for Monitoring • Truck well treatment plans • Detailed site, floor, lighting, and elevation plans for the full service restaurants • A letter of operation indicating all operational aspects of each of the full-service restaurants, including the hours of operation • Detailed outdoor seating and public plaza plan, including public art, landscaping, and water features • Detailed floor plans and letter of operation indicating the proposed hours of operation for the amusement device arcade • Detailed site, floor, and drive through lane plans for the drive-through restaurants • Detailed site, fencing, floor, elevation, lighting, and landscaping (with materials, sizes and locations of plant materials and methods of screening) plans for the self storage/RV and boat storage facility • A letter of operation indicating all operational aspects of the self storage/RV and boat storage facility, including the hours of operation 2 That an unsubordinated restricted covenant providing reciprocal 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 guarantee that the entire complex shall be managed and maintained as one (1) integral parcel for purposes of parking, vehicular circulation, signage, maintenance, land usage and architectural control, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. Planning 3 That all air conditioning facilities and other roof and ground-mounted equipment shall be properly shielded from view. Such information shall be specifically shown on the plans submitted for building permits. Planning 4 That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully screened by architectural devices and/or appropriate building materials; and, further, such information shall be specifically shown on the plans submitted for building permits. Planning 5 That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and/or conclusions relating to the operation Planning -5- PC2008-46 No. Conditions of Approval Responsible for Monitoring and intensity of use as contained in the parking demand study dated August 2006, and addendum dated April 4, 2008, that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and/or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this permit to termination or modification pursuant to the provisions of Section 18.60.210 of the Anaheim Municipal Code. 6 That a landscape earthen berm and/or a row of hedges shall be incorporated into the entire length of the setback adjacent to Beach Boulevard and Lincoln Avenue with the exception of ingress/egress areas. Further, dense landscaping shall be provided adjacent to Beach Boulevard and Lincoln Avenue to adequately screen the drive through lanes, and where possible, existing mature landscaping should be preserved. Said information shall be specifically shown on plans submitted for building permits. Planning 7 That a tentative parcel map to record the consolidation of parcels on the subject property shall be submitted to and approved by the City of Anaheim and shall then be recorded in the Office of the Orange County Recorder. Planning, Public Works 8 That plans shall be submitted to the Planning Department for review and approval showing conformance with the current version of Engineering Standard Details 402, 436, 470, and 471 pertaining to parking standards and Engineering Standard Detail 473 pertaining to driveway locations and driveway spacing. Subject property shall thereupon be developed and maintained in conformance with said plans. Planning 9 That plans shall indicate that adequate lighting shall be provided throughout the project, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Plans submitted for building permits shall include a note that said lighting shall be installed prior to the first final building and zoning inspection for the parking structure. Planning 10 That plans shall indicate that the building addresses shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. The building numbers shall be a minimum of 12-inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Plans submitted for building permits shall include a note that said numbers shall be installed prior to the first final building and zoning inspection for each building. Planning, Police 11 That plans shall show that four (4) foot high address numbers shall be displayed on the roof of the building in a contrasting color to the roof material. Said numbers shall not be visible from view of the street or adjacent properties. Said information shall be subject to the review and approval of the Police Department Planning, Police -6- PC2008-46 No. Conditions of Approval Responsible for Monitoring and the Planning Department, Planning Services Division. Plans submitted for building permits shall include a note that said numbers shall be provided prior to the first final building and zoning inspection for each building. 12 That plans shall be submitted for approval by the Public Utilities Department, Water Engineering Division and the Cross Connection Control Inspector demonstrating that all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys in locations approved by the Water Engineering Division of the Public Utilities Department and the Planning Department. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water meter system equipment shall be installed to the satisfaction of the Public Utilities Department, Water Engineering Division above ground and outside of the street setback area on private property in an easement, in a manner fully screened through landscaping from all public streets and alleys. Planning, Public Utilities Water 13 That plans shall show that all proposed water vaults, telecommunication utilities, and all other above-ground utilities shall be located behind the setback and fully screened as required by Code or integrated within the proposed buildings. Planning 14 That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 464 (to construct a directional sign facing Beach Boulevard), Variance No. 1956 (to permit a warehouse in conjunction with an existing furniture store with waivers of minimum required side yard setback and required masonry wall at 220 North Beach Boulevard), Conditional Use Permit No. 1307 (to permit on-sale liquor in conjunction with a proposed restaurant at 310 North Beach Boulevard with waiver of height of masonry wall abutting a residential zone) , Conditional Use Permit No. 1338 (to permit the sale of beer and wine in an existing restaurant at 300 North Beach Boulevard), Variance No. 2650 (waiver of permitted sign location to reconstruct an existing freestanding sign at 220 North Beach Boulevard), Conditional Use Permit No. 1651 (to permit a 41-unit motel at 320 North Beach Boulevard), Conditional Use Permit No. 3559 (to permit an auto service and tire installation facility at 222 North Beach Boulevard) , Conditional Use Permit No. 3593 (to permit the on-premise sale and consumption of alcoholic beverages in conjunction with a restaurant and billiard center at 314 North Beach Boulevard), Conditional Use Permit No. 3670 (to permit the on—premise sale and consumption of alcoholic beverages within an existing restaurant and billiard center with live music and entertainment at 314 North Beach Boulevard) to the Planning Services Department. Planning 15 That plans submitted for building permits shall include a note that ongoing during construction, emergency contact information including contact name and phone number shall be posted on the project site. Said information shall be indicated on plans submitted for building permits. Planning 16 That all roof-mounted equipment shall be screened from view of the public rights of way and surrounding properties in compliance with Section 18.46.210 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits Planning -7- PC2008-46 No. Conditions of Approval Responsible for Monitoring 17 (MM- HAZ 2,3) That in implementation of mitigation measures no. 2 and 3 for “Hazards” as set forth in the Mitigation Monitoring Plan, the applicant shall implement those regulatory requirements and measures imposed upon the project by the Orange County Health Care Agency’s Environmental Health Division (LEA) and the Santa Ana Regional Water Quality Control Board (RWQCB) as set forth in Appendix F and Appendix G, respectively, of the Final EIR Addendum. Planning, Public Works Development Services 18 That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement as determined to be necessary when the electrical design is completed. Public Utilities Electrical 19 That property owner/developer shall finalize the abandonment of any existing public utilities easements to the satisfaction of the Department of Public Works, Development Services Division and the Public Utilities Department, Electrical Engineering Division. Public Utilities Electrical 20 That the property is to be served with underground utilities per the Electrical Rates, Rules, and Regulations. Public Utilities Electrical 21 That any required relocation of City electrical facilities shall be at property owner/developer’s expense per the Electrical Rates, Rules, and Regulations. Public Utilities Electrical 22 That plans shall show the location and required landscape and/or hardscape screening of all pad-mounted equipment. Public Utilities Electrical 23 That plans shall demonstrate that all above-ground utility devices shall be located on private property and outside any required setback areas unless otherwise permitted by Code. Public Utilities Electrical 24 That plans shall show conformance with the current version of Engineering Standard Detail 115 pertaining to sight distance visibility for signs, landscaping, and fence/wall locations and pertaining to commercial driveway design to the satisfaction of the City Engineer. Public Works, Traffic Engineering 25 That plans shall be submitted to show any proposed gates and shall demonstrate that gates shall not be installed across any driveway in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to all applicable City of Anaheim, Department of Public Works, Standard Plans and Details. The location of any proposed gates shall be subject to the review and approval of the City Traffic and Transportation Manager. Public Works, Traffic Engineering 26 That plans submitted for building permits shall include a note that prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Public Works, Traffic -8- PC2008-46 No. Conditions of Approval Responsible for Monitoring Time.” Said information shall be specifically shown on plans submitted for building permits. Engineering 27 That plans shall show that emergency exits, not intended as a primary entrance, shall have no exterior handles, knobs, or levers. Police 28 That property owner/developer shall submit plans to the Police Department for review and approval for the purpose of incorporating safety measures in the project design including the concept of crime prevention through environmental design (e.g. building design, circulation, site planning, and lighting of parking structures and parking areas). Police 29 That plans submitted for building permits shall contain a note that there shall be no public telephones on the property that are located outside the building. Police 30 That plans submitted for building permits shall indicate that all doors serving any restaurants shall conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress/egress, permit deliveries and in cases of emergency. Police 31 That plans submitted for building permits shall show lighting to be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Police 32 That plans shall show how emergency vehicular access will be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire 33 That prior to issuance of the first building permit, or prior to delivery of combustible materials for construction of buildings, whichever occurs first, property owner/developer shall complete all necessary water facilities to provide the fire flows required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. Fire, Public Utilities Water 34 That prior to issuance of the first building permit and prior to commencement of structural framing, fire hydrants shall be installed and charged as required by the Fire Department and shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Said information shall be specifically shown on plans submitted for building permits. Fire 35 That an automatic fire sprinkler system shall be designed, installed and maintained as required by the Fire Department. Said information shall be specifically shown on plans submitted for building permits. Provisions for continued maintenance of the fire sprinkler system shall be included in the Fire -9- PC2008-46 No. Conditions of Approval Responsible for Monitoring recorded CC&Rs for the project pursuant to the conditions contained herein. 36 That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and/or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. Property owner/developer shall be responsible for the costs to upgrade or abandon any water service or fire line. Public Utilities Water 37 That property owner/developer shall irrevocably offer to dedicate to the City of Anaheim an easement on owner’s Property for all large domestic water meters, including a five (5) foot wide easement around the water meter pad, a twenty (20) foot wide easement for all water service laterals, and an easement for other public water facilities to the satisfaction of the Water Engineering Division of the Public Utilities Department. The requirements and easement notes of the Public Utilities Department, Water Engineering Division shall be included in all easement dedications/deeds for water facilities. Public Utilities Water 38 That because this project has a landscaping area exceeding 2,500 square feet, plans shall specifically show that a separate irrigation meter shall be installed in compliance with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. Plans submitted for building permits shall include a note that property owner/developer shall install the required meter and backflow device prior to the first final building and zoning inspection. Public Utilities Water 39 That prior to submitting an application for water meters, fire lines or water improvement plans for approval, whichever occurs first, owner shall submit to the Public Utilities Department, Water Engineering Division, an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the entire project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities Water 40 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 processed through and approved by the Public Utilities Department, Water Engineering Division. Public Utilities Water 41 That prior to issuance of a building permit or approval of a grading plan, whichever occurs first, plans shall demonstrate that all existing water services and fire lines shall conform to current Water Utility Standards to the satisfaction of Public Utilities -10- PC2008-46 No. Conditions of Approval Responsible for Monitoring the Public Utilities Department, Water Engineering Division. Any existing water services and/or fire lines that are not approved by the Utility for continued use shall be upgraded to current standards, or abandoned, if no longer needed, by the property owner/developer prior to issuance of a building permit or approval of the grading plan, whichever occurs first. Water 42 That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be shown on plans submitted for building permits. Public Utilities Water 43 That plans submitted for building permits shall indicate trash storage areas in a location acceptable to the Public Works Department, Streets and Sanitation Division, as depicted in the approved Final Site Plan. Public Works, Streets and Sanitation 44 That property owner/developer shall submit a final written solid waste management plan signed by the owner to the Streets and Sanitation Division of the Public Works Department for review and approval. The property owner shall then operate in accordance with the approved written solid waste management plan, as it may be modified by owner from time to time subject to written approval by the Director of Public Works. Said solid waste management plan shall be incorporated into the recorded CC&Rs for the property required pursuant to conditions contained herein. Public Works, Streets and Sanitation 45 That plans submitted for building permits shall include a note that on-going during project operation, no required parking areas shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement, Planning 46 That as required by the Public Works Department, street trees shall be installed by the property owner, within the public rights-of-way adjacent to Beach Boulevard and Lincoln Avenue. The size and number of trees shall be provided to the satisfaction of the Public Works Department. Said information shall be shown on plans submitted for building permits. Public Works Development Services 47 That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifically shown on plans submitted for building permits. Public Works Development Services 48 (MM- HAZ 1) That for those sites with known hazardous materials or structural conditions, underground tank leakage, or where existing contamination is known to exist, a complete soils test and analysis shall be performed prior to development. If the results of the soils test indicate the presence of contamination, appropriate Public Works Development Services, -11- PC2008-46 No. Conditions of Approval Responsible for Monitoring remediation will be identified and implemented. No development shall be allowed on the site until the applicant has submitted evidence of complete remediation to the City. Planning 49 (MM- GEOL 1) That the applicant shall comply with the recommendations of the Limited Geotechnical Investigation prepared by G. A. Nicoll & Associates and with the Uniform Building Code and appropriate City seismic standards. Public Works, Development Services 50 (MM- TRAF 1) That a traffic impact study shall be submitted to the Department of Public Works Traffic Engineering Division for review and approval. Said study shall be prepared to the satisfaction of the Department of Public Works in accordance with City of Anaheim criteria. As based upon the Final Site Plan approved by the Planning Commission as a “Report and Recommendation” item, and final land uses as identified in the Final Site Plan, the traffic study shall identify any project-generated increases that result in unacceptable levels of service, as determined by the Department of Public Works. The traffic study shall also identify appropriate improvements to reduce traffic impacts to acceptable levels and include a phasing plan. The phasing plan shall specify timing and funding commitments to implement the improvements including (but not limited to) preliminary engineering, environmental clearance, final engineering, right-of-way acquisition, construction, and inspection. Public Works, Traffic Engineering 51 (MM- AQ 2) That to the extent feasible, the following components shall be incorporated into the project: a) Ridesharing Programs: • Carpooling and Vanpooling • Modified Work Schedules b) Parking Management • Off-Street Parking Controls • Parking Management Programs c) Non-Motorized Strategies • Bicycle Storage Facilities • Pedestrian Improvements Public Works, Traffic Engineering, Planning, SCAQMD 52 (MM- WAT 1,2) That precise water system requirements shall be determined during specific project design review. Water design requirements will be subject to the provisions of site plan review by the City of Anaheim. Required water system improvements shall be in place. Public Works Development Services, Planning 53 That the developer shall submit a design level sanitary sewer study for the proposed commercial center to the Public Works Department, Development Public Works -12- PC2008-46 No. Conditions of Approval Responsible for Monitoring (MM- WASTE 1-5) Services Division for review and approval. This study shall be prepared to the satisfaction of the Public Works Department Department and shall be consistent with the Combined West Anaheim Area Master Plan of Sanitary Sewers (November 2001, 1st Revision June 2002). All of the recommendations of this sewer study shall be implemented prior to final building and zoning inspections, as required by the Public Works Department. Development Services, Planning TIMING: PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS 54 That property owner/developer shall provide the City of Anaheim with a public utilities easement (per final electrical design), along/across high voltage lines, low voltage lines crossing private property, and around all pad-mounted transformers, switches, capacitors, etc. on owner’s Property. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. Public Utilities Electrical TIMING: PRIOR TO GRADING PERMITS 55 (MM- HYD 1) The applicant shall submit and obtain approval from the Manager of Subdivisions and Grading, of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMP’s) that will be used on-site to control predictable pollutant runoff. This WQMP shall identify, at a minimum, the routine, structural and non-structural measures specified in the Countywide NPDES Drainage Area Management Plan (DAMP) Appendix which details implementation of BMPs whenever they are applicable to a project, the assignment of long term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.), and shall reference the location(s) of structural BMPs. Public Works Development Services GENERAL 56 (MM- AQ 1) That ongoing during project construction, the property owner/developer shall implement measures to reduce construction-related air quality impacts. These measures shall include (but are not limited to): a. Normal wetting procedures (at least twice daily) or other dust palliative measures shall be followed during earth-moving operations to minimize fugitive dust emissions, in compliance with the City of Anaheim Municipal Code including application of chemical soil stabilizers to exposed soils after grading is completed and replacing ground cover in disturbed areas as quickly as practicable. b. Enclosing, covering, watering twice daily, or applying approved soil binders, according to manufacture’s specification, to exposed stock piles. SCAQMD, Building, Public Works Development Services -13- PC2008-46 No. Conditions of Approval Responsible for Monitoring c. Roadways adjacent to the project shall be swept and cleared of any spilled export materials at least twice a day to assist in minimizing fugitive dust; and, haul routes shall be cleared as needed if spills of materials exported from the project site occur. d. Where practicable, heavy duty construction equipment shall be kept onsite when not in operation to minimize exhaust emissions associated with vehicles repetitiously entering and exiting the project site. e. Trucks importing or exporting soil material and/or debris shall be covered prior to entering public streets. f. Taking preventive measures to ensure that trucks do not carry dirt on tires onto public streets, including treating on site roads and staging areas. g. Preventing trucks from idling for longer than 2 minutes. h. Manually irrigate or activate irrigation systems necessary to water and maintain the vegetation as soon as planting is completed. i. Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or less. j. Suspend all grading operations when wind speeds (as instantaneous gust) exceed 25 miles per hour and during first and second stage smog alerts. k. Comply with SCAQMD Rule 402, which states that no dust impacts offsite are sufficient to be called a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. l. Use low emission mobile construction equipment (e.g., tractors, scrapers, dozers, etc.) where practicable. m. Utilize existing power sources (e.g., power poles) or clean-fuel generators rather than temporary power generators, where practicable. n. Maintain construction equipment engines by keeping them properly tuned. o. Use low sulfur fuel for equipment, to the extent practicable. 57 That this development is limited to a maximum of twenty five (25) tenant spaces. Planning -14- PC2008-46 No. Conditions of Approval Responsible for Monitoring 58 That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Planning 59 That property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with Mitigation Monitoring Plan No. 119 as established by the City of Anaheim and as required by Section 21081.6 of the Public Resources Code to ensure implementation of those identified mitigation measures. Planning 60 That timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. Planning 61 That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by project applicant and which plans are on file with the Planning Department marked Exhibit No. 1 of Conditional Use Permit No. 2002-04603 (Tracking No. 2008-05803), and as conditioned herein. Planning 62 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. Planning 63 That extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Planning 64 That no exterior vending machines shall be permitted within the view of the public rights-of-way. Code Enforcement 65 That the landscape planters shall be permanently maintained with live and healthy plant materials. Code Enforcement 66 That no outdoor speakers shall be permitted in conjunction with the home improvement store and outdoor storage facility. Code Enforcement 67 That the following conditions shall apply to all establishments with sales of alcoholic beverages for off-premises consumption: Police/Code Enforcement -15- PC2008-46 No. Conditions of Approval Responsible for Monitoring • No display of alcoholic beverages shall be located outside of a building or within five (5) feet of any public entrance to the building. • 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. • The area of alcoholic beverage displays shall not exceed 25% of the total display area in a building. • The sales of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., 40 oz., or similar size containers shall be prohibited. No beer or malt beverages shall be sold in quantities of less than six per sale. • The possession of alcoholic beverages in open containers and the consumption of alcoholic beverages are prohibited on or around these premises. • There shall be no amusement machines, video game devices, or pool tables maintained upon the premises at any time. • Wine shall not be sold in bottles or containers smaller than 750 ml. and wine-coolers must be sold in manufacturer pre-packaged multi-unit quantities. • That the activities occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. • That alcoholic beverages shall not be sold in the drive through lane of the pharmacy. Alcoholic beverages shall only be sold inside the pharmacy building. 68 That the following conditions shall apply to all full service restaurants with sales of alcoholic beverages for on-premises consumption: • At all times when the premise is open for business, the premise shall be maintained as a bona fide restaurant and shall provide a menu containing an assortment of foods normally offered in such restaurant. • That there shall be no bar or lounge maintained on the property unless licensed by Alcoholic Beverage Control and approved by the City of Police/Code Enforcement -16- PC2008-46 No. Conditions of Approval Responsible for Monitoring Anaheim. • There shall be no pool tables or amusement devices maintained upon the premises at any time unless the proper permits have been obtained from the City of Anaheim. • That the alcoholic beverage licenses shall not be exchanged for a public premises (bar) type license nor shall the establishment be operated as a public premise as defined in Section 23039 of the California Business and Professions Code. • The gross sales of alcoholic beverages shall not exceed 40 percent of the gross sales of all retail sales during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the 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. • That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time without issuance of proper permits as required by the Anaheim Municipal Code. • That the sales of alcoholic beverages for consumption off the premises shall he prohibited. • There shall be no admission fee, cover charge, nor minimum purchase required. • That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcohol beverages, with the exception of one (1) sign indicating cocktails’. • That the activities occurring in conjunction with the operation of these establishments shall not cause noise disturbance to surrounding properties. • That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary, or other profit-sharing plan, scheme or conspiracy. • At all times that entertainment or dancing is permitted, security measures -17- PC2008-46 No. Conditions of Approval Responsible for Monitoring shall be provided to the satisfaction of the Anaheim Police Department to deter unlawful conduct on the part of employees or patrons, and promote the safe and orderly assembly and movement of persons and vehicles, and to prevent disturbance to the neighborhood by excessive noise created by patrons entering or leaving the premises. • That all doors serving subject restaurants shall conform to the requirements of the Uniform Fire Code and shall be kept closed and unlocked at all times during hours of operation except for ingress/egress, to permit deliveries and in cases of emergency. • That the outdoor dining area shall be completely enclosed by fencing or other such permanent structure as approved by the City, at least forty (40) inches in height, into which entry is only possible from the interior of the business. Emergency exits required by the Uniform Fire Code shall be maintained, but not utilized by patrons/employees other than in an emergency. Said information shall be shown on plans submitted for building permits. • Any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Anaheim Municipal Code). 69 That the following conditions shall apply to the self storage facility: • That any on-site maintenance or repair of recreational vehicles, cars, boats, personal watercraft, motorcycles, or trailers, shall be prohibited. • That no public sales of propane gas or the public use of dumping stations shall be permitted at this property. A maximum of one (I) sanitary dump station, for the use of tenants only, shall be permitted. A plan showing the location of said facility shall be submitted to the Planning Department for review and approval. • That no commercial tractor trailers or 18-wheel vehicles shall be permitted. • That no storage of inoperable vehicles shall be permitted and that no unlicensed vehicles shall be stored at the site. Code Enforcement 70 That any and all security officers provided shall comply with all State and Local ordinances regulating their services, including, without limitation, Chapter 11.5 of Division 3 of the California Business and Profession Code. (Section 4.16.070 Police/Code Enforcement -18- PC2008-46 No. Conditions of Approval Responsible for Monitoring Anaheim Municipal Code). 71 The activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. Police/Code Enforcement 72 That on-going during project operation, the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty- four (24) hours from the time of discovery. Code Enforcement 73 That during construction, an all-weather access road as approved by the Fire Department shall be provided. Fire * Mitigation measures from the previously-approved Mitigation Monitoring Plan No. 119 have been incorporated into this resolution as conditions of approval. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions herein set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner/developer is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of April 14, 2008. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -19- PC2008-46 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on April 14, 2008, by the following vote of the members thereof: AYES: COMMISSIONERS: AGARWAL, BUFFA, EASTMAN, FAESSEL, KARAKI, ROMERO, VELASQUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: NONE IN WIT NESS WHEREOF, I have hereunto set my hand this _________ day of ______________, 2008. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION ITEM NO. 3 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: APRIL 14, 2008 FROM: PLANNING SERVICES MANAGER SUBJECT: CONDITIONAL USE PERMIT NO. 2002-04603 WITH WAIVER OF CODE REQUIREMENTS (TRACKING NO. CUP2008-05308) PUBLIC CONVENIENCE OR NECESSITY NO. 2002-00008 (TRACKING NO. PCN2008-00041) LOCATION: 200 – 328 North Beach Boulevard and 2951 – 2961 West Lincoln Avenue APPLICANT/PROPERTY OWNER: The applicant and property owner is the Anaheim Redevelopment Agency. REQUEST: The applicant requests approval to amend a previously-approved conditional use permit to construct a commercial retail center of regional significance and self storage facility to include retail stores, full service restaurants with sale and consumption of alcoholic beverages for on-premises consumption, drive through restaurants, a drive-through pharmacy with the sale of alcoholic beverages for off- premises consumption, an amusement device arcade, and a multi-tenant food court with outdoor dining and the sale and consumption of alcoholic beverages with fewer parking spaces and higher fencing than permitted by Code. RECOMMENDATION: Staff recommends that the Commission adopt the attached resolutions approving a previously-certified Final Environmental Impact Report as the appropriate environmental document and amendments to Conditional Use Permit No. 2002-04603 and Public Convenience or Necessity No. 2002-00008. BACKGROUND: This 25-acre property is zoned General Commercial (C-G) and Multiple-Family Residential (RM-4 with a resolution of intent to C-G). A majority of the site contains a former landfill which was closed in 1960. The General Plan designates this property for Regional Commercial land uses. Properties to the east are designated for Low and Medium Density Residential land uses; properties to the west are designated for Regional Commercial and Low-Medium Density Residential land uses; properties to the south are designated for General Commercial and Low-Medium Density Residential land uses. Properties to the north are located in the City of Buena Park. 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net ATTACHMENT NO. 3 CONDITIONAL USE PERMIT NO. 2002-04603 April 14, 2008 Page 2 of 4 On November 5, 2002 the City Council approved Conditional Use Permit No. 2002-04603 to construct a commercial retail center of regional significance. The project included a home improvement store with an outdoor garden center, a multi-tenant retail building, two drive through fast food restaurants, three full service restaurants with on-premises consumption of alcoholic beverages, an amusement arcade, a food court with outdoor dining and beer and wine sales for on-premises consumption, and a self storage facility with storage containers, recreational vehicles and boats. PROPOSAL: The applicant requests approval to amend a previously-approved conditional use permit that permitted the construction of a commercial retail center of regional significance and self storage facility by adding a drive through pharmacy with sales of alcoholic beverages for off-premises consumption, an increase in square footage for the multi-tenant retail building, and one additional drive through restaurant. The development project will include a home improvement store with an outdoor garden center, a drive through pharmacy with sale of alcoholic beverages for off-premises consumption, a grocery store with sale of alcoholic beverages for off-premises consumption, up to three full service restaurants with on-premises sale and consumption of alcoholic beverages, an amusement arcade in one of the restaurants, up to three drive through fast food restaurants, two multi-tenant retail buildings, and a food court with outdoor dining adjacent to one of the retail buildings. No changes are proposed to the previously-approved self storage facility to the rear (east) of the shopping center. Please refer to the Project Summary chart attached to the staff report for project details (Attachment No. 1). ANALYSIS: The project has been evaluated for compliance with applicable development standards. The following is staff’s analysis and recommendations on the requested project entitlements. Conditional Use Permit: The applicant requests approval to amend a previously-approved conditional use permit for a regional commercial center to include an additional drive through restaurant for a total of three fast food restaurants, an increase in square footage for the multi-tenant retail building, and add a drive through pharmacy with the sale of alcoholic beverages for off-premises consumption. A conditional use permit is required for the commercial retail center, drive through restaurants, drive through pharmacy, amusement arcade, restaurants with outdoor dining, and the sale of alcoholic beverages for on and off-premise consumption. The project is compatible with the surrounding land uses and would allow for a high quality commercial development on a former landfill site. The project complies with all requirements of the C-G Zone with the exception of minimum number of parking spaces (1,190 are provided where 1,675 are required) and maximum fencing height (10 feet high is proposed where 8 feet high is permitted). Sale of Alcoholic Beverages for Off-Premises Consumption: A determination of public convenience or necessity to permit the sale of alcoholic beverages for off-premises consumption was approved for the grocery store in 2002 in conjunction with the original entitlements. The proposed amendment would allow an additional drive through pharmacy with the sale of alcoholic beverages for off-premise consumption. State law requires a determination of public convenience or necessity (PCN) for the retail sale of alcoholic beverages for off-premises consumption when located in a police reporting district with a crime rate above the City average or when there is an over concentration in the number of licenses within a Census Tract. The Business and Professions Code provides that the Department of Alcoholic Beverage Control (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 CONDITIONAL USE PERMIT NO. 2002-04603 April 14, 2008 Page 3 of 4 necessity would be served by the issuance of a license. A request for determination of PCN is required from the City because this property is located within Reporting District 1616 which has a crime rate that is 13 percent above the City average. This property is also located within Census Tract No. 868.03 which has a population of 7,284. This census tract allows for 5 licenses and there are currently 5 licenses in the tract. Staff recognizes that the alcoholic beverage sales for off-premises consumption will be accessory to the general retail sales of the proposed grocery store and pharmacy. The retail stores with accessory alcoholic beverage sales will provide a convenience to patrons visiting the shopping center for various types of merchandise, dining, and personal services. Staff, therefore, believes that the two requested off sale licenses will not be detrimental to the area provided that restrictions on the sales of alcoholic beverages are included in the approval. Although the number of licenses would exceed the number permitted, and the crime rate is slightly above the City average, staff believes that the conditions of approval included in the draft resolution will minimize impacts related to the proposal. Conditions include restrictions on alcoholic beverage packaging, displays, signage, and on-site consumption. Sale of Alcoholic Beverages for On-Premises Consumption: The proposed restaurants with accessory on-sale alcoholic beverage sales would be compatible with the commercial and residential uses in the area. Staff believes that with the conditions of approval relating to security and limitations on the operation, the use would not be detrimental to the area and recommends approval of the application. Fencing: Fencing plans have not been submitted. The applicant requests approval to construct perimeter fencing adjacent to the single family homes to the north and east in excess of Code requirements. Code permits a maximum 8-foot high fencing adjacent to the single family homes and the applicant requests approval to construct 10-foot high fencing so as to create a buffer between commercial uses such as a home improvement warehouse and self storage facility and the single family homes. As required in the original entitlement, the applicant will submit detailed landscaping and fencing plans for review by the Planning Commission as a Reports and Recommendation item after the final site plan is approved by the developer and Redevelopment Agency. Parking: The applicant requests fewer parking spaces than required by code. Code requires 1,675 spaces and 1,190 spaces are proposed. The applicant submitted an addendum to a previously-approved parking study to justify the parking deficiency. Planning staff and the City’s parking consultant reviewed the addendum and new site plan and determined that there would be an adequate number of spaces for the proposed project. The parking consultant conducted parking counts and concluded that a commercial retail center anchored by a home improvement store would generate a parking demand less than Code requirements. The Project Summary chart attached to the staff report describes the parking requirements and actual parking demand in more detail. Final plans: The applicant submitted a conceptual site plan for the proposed shopping center. Detailed landscaping, elevation, floor, and signage plans were not submitted for the project because leases have not been finalized for a majority of the tenants in the retail buildings. As required in the original entitlement of this project, the applicant will submit final detailed plans for review by the Planning Commission as a Reports and Recommendation item after the final site plan is approved by the developer and Redevelopment Agency. CONDITIONAL USE PERMIT NO. 2002-04603 April 14, 2008 Page 4 of 4 Environmental Impacts: In 1998, the City Council certified the Final Environmental Impact Report for the West Anaheim Commercial Corridors Redevelopment Project Area. The Council also approved a Statement of Findings and Facts and Mitigation Monitoring Plan No. 119 in conjunction with the Final EIR. The Final EIR addressed the environmental impacts and mitigation measures associated with those activities that would be undertaken pursuant to and in furtherance of the West Anaheim Commercial Corridors Redevelopment Plan. The Mitigation Monitoring Plan ensures compliance with the adopted mitigation measures. In 2002, the Council adopted an Addendum and its technical appendices to the Final EIR in conjunction with Conditional Use Permit No. 2002-04603. The Addendum concluded that the proposed shopping center would not result in new significant impacts or substantial increases in the severity of previously identified significant impacts. Therefore, staff recommends that the previously-certified Final EIR, together with the Addendum and Mitigation Monitoring Plan No. 119, serve as the required environmental documentation for the proposed project actions. CONCLUSION: The proposed project would improve a vacant underutilized parcel with an attractive shopping center compatible with adjacent land uses in the area. It would provide commercial retail uses along major arterial highways and would further the goals of the General Plan by implementing the Regional Commercial land use designation with the development of a regional shopping center. The proposed modifications, including the pharmacy with drive through lanes and the sale of alcoholic beverages for off-premises consumption, and the provision to permit up to three fast food restaurants where two had been approved, would enhance the viability of the Westgate project. Therefore, staff recommends approval of this request. Respectfully submitted, Concurred by, Principal Planner Planning Services Manager Attachments: 1. Project Summary 2. Draft CUP Resolution 3. Draft PCN Resolution 4. Letter of Request 5. Reporting Districts Map 6. Census Tract Map 7. Census Tract On-Sale Map 8. Census Tract Off-Sale Map The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 9. 2006 Parking Study 10. 2008 Parking Study Addendum 11. Site Plan ATTACHMENT NO. 4 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. S ANAHEIM BLVDE BALL RDW BALL RD E CERRITOS AVE S MANC HE S T E R AVE S IRIS STW WINSTON RD S ALLEC ST W G UINIDA LN W MIDWAY DR S CLAUDINA STW HILL AVE E PALAIS RD S P AL M S T S CLAREMONT STS HICKORY STW BERRY AVE S PETAL PLW MARGATE DRS ZEYN STW HILL PL W DISNEY WAY E AREA A AREA B 5 Co mme r c i a l/I n d u s tri a l (So u t h An a h e i m Bl v d Ar e a )Re d e v e l o p me n t Ar e a Commercial/Industrial (South Anaheim Blvd Area) Redevelopment Area 5 E. BALL RDW. BALL RD S. LEWIS STS. HARBOR BLVDS. ANAHEI M BLVDE. KATELLA AVE W. KATELLA AVE E. CERRITOS AVES. STATE COLLEGE BLVDS. CLEMENTINE ST11035 Area A: 1200-1320 South Anaheim Boulevard, and 1207 South Claudina Street Area B: 1601 South Anaheim Boulevard DEV2010-00155 Subject Property APNS: Area A: 082-461-24 082-461-35 082-461-25 082-461-31 082-461-23 082-461-34 Area B: 082-220-09 ATTACHMENT NO. 1 °0 100 200 Feet Aerial Photo: April 2009 S ANAHEIM BLVDE BALL RDW BALL RD E CERRITOS AVE S MANC HE S T E R AVE S IRIS STW WINSTON RD S ALLEC ST W G UINIDA LN W MIDWAY DR S CLAUDINA STW HILL AVE E PALAIS RD S P AL M S T S CLAREMONT STS HICKORY STW BERRY AVE S PETAL PLW MARGATE DRS ZEYN STW HILL PL W DISNEY WAY E AREA A AREA B 5 5 E. BALL RDW. BALL RD S. LEWIS STS. HARBOR BLVDS. ANAHEI M BLVDE. KATELLA AVE W. KATELLA AVE E. CERRITOS AVES. STATE COLLEGE BLVDS. CLEMENTINE ST11035 Area A: 1200-1320 South Anaheim Boulevard, and 1207 South Claudina Street Area B: 1601 South Anaheim Boulevard DEV2010-00155 Subject Property APNS: Area A: 082-461-24 082-461-35 082-461-25 082-461-31 082-461-23 082-461-34 Area B: 082-220-09 ATTACHMENT NO. 1 °0 100 200 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT THE PREVIOUSLY CERTIFIED EIR 330 IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2010-00241 (DEV2010-00155) (1200 - 1320 SOUTH ANAHEIM BOULEVARD, 1207 SOUTH CLAUDINA STREET, 1601 SOUTH ANAHEIM BOULEVARD, NORTHWEST CORNER OF ANAHEIM BOULEVARD AND ANAHEIM WAY) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Reclassification for certain real property situated at 1200 - 1320 South Anaheim Boulevard, 1207 South Claudina Street, 1601 South Anaheim Boulevard (Area A), and the Northwest corner of Anaheim Boulevard and Anaheim Way (Area B) in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. WHEREAS, the properties in Area A are currently developed with commercial retail land uses and the properties in Area B are vacant. WHEREAS, all properties are located in the I (SABC) (Industrial; South Anaheim Boulevard Corridor Overlay) zone and the Anaheim General Plan designates these properties for General Commercial land uses; and WHEREAS, the applicant requests to reclassify the properties from the I (SABC) to the C-G (SABC) zone, consistent with the existing General Plan land use designation of General Commercial; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 2010 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “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. Reclassification of the subject properties from the I (SABC) to the C-G (SABC) zone would be consistent with the existing General Commercial land use designation on the General Plan. 2. The proposed reclassification of subject property is necessary and desirable for the orderly and proper development of the community and is compatible with the surrounding - 2 - PC2010-*** properties, which are designated for General Commercial and Medium Density Residential land uses and zoned I (SABC) and C-G (SABC). 3. 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. NOW, THEREFORE, BE IT RESOLVED, the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the Previously Certified EIR 330 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Previously Certified EIR 330 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. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby unconditionally approve the subject Reclassification to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to exclude the above-described property from the I (SABC) zone and to incorporate said described property into the C-G (SABC) 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 October 25, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October, 2010. __________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** ATTACHMENT NO. 3 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. I DEV 2010-00149 AUTO REPAIR/SERVICE O-L (PTMU) Katella STADIUM TOWER PLAZA OFFICE BLDG. I NORTH STADIUM BUSINESS CENTER I SERVICE STATION I STADIUM PLAZA BUSINESS PARK O-H OFFICES O-L (PTMU) Katella OFFICES I PARKING LOT I INDUSTRIAL I INDUSTRIAL I INDUSTRIAL PR (PTMU) Stadium ANGEL STADIUM OF ANAHEIM|| 263'||4 8 8 'E K A TELLA A V EE HOWELL AVE S SUNKIST STE H O W ELL A V E S SINCLAIR STS PAGE CTS STADIUM VIEW AVE5 57 E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. STATE COLLEGE BLVDS. SUNKIST STS. DOUGLASS RD110342221-2225 East Katella Avenue DEV2010-00149 Subject Property APN: 253-531-06 ATTACHMENT NO. 1 ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE.°0 50 100 Feet Aerial Photo: April 2009 E K A TELLA A V EE HOWELL AVE S SUNKIST STE H O W ELL A V E S SINCLAIR STS PAGE CTS STADIUM VIEW AVE5 57 E. KATELLA AVES. LEWIS STE. CERRITOS AVE E. ORANGEWOOD AVES. STATE COLLEGE BLVDS. SUNKIST STS. DOUGLASS RD110342221-2225 East Katella Avenue DEV2010-00149 Subject Property APN: 253-531-06 ATTACHMENT NO. 1 ALL PROPERTIES ARE IN THE PLATINUM TRIANGLE.°0 50 100 Feet Aerial Photo: April 2009 [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 1424 AND AMENDING THE CONDITIONS OF APPROVAL OF RESOLUTION NO. 2002-121 (TRACKING NO. CUP1424A, DEV2010-00149) (2221-2225 EAST KATELLA AVENUE) WHEREAS, on September 27, 1973, the Anaheim Planning Commission, by its Resolution No. PC73-208, granted Conditional Use Permit No. 1424, in part, to permit a new and used automobile sales and service agency with waivers of minimum landscaped setback (approved in part), required enclosure of outdoor uses with a solid masonry block wall fence, minimum number of free-standing signs and minimum distance between free-standing signs, permitted location of free-standing signs, and maximum sign area’ and that tow proposed waivers (minimum landscaped setback from major and secondary arterial highways, and minimum number of parking spaces) were denied; and WHEREAS, on December 9, 1996, the Anaheim Planning Commission, by its Resolution No. 96-122, amended Resolution No. PC73-208, above-mentioned, to permit a second automotive sales and service facility on the southerly 3.6 acres of the subject 5.5-acre property; that one waiver (maximum sign areas) was deleted; that two waivers (minimum landscape setback, and a minimum number of freestanding signs and minimum distance between freestanding signs) were amended; that the conditions of approval were amended, including the addition of new Condition No. 14 which specified that the second dealership would expire five years from the date of the resolution on December 9, 2001; and that said use no longer operates at this location; and WHEREAS, on November 13, 2001, the City Council, by its Resolution No. 2001R-281, approved Conditional Use Permit No. 2001-04441 to permit an auto collision repair and auto rental facility on the southerly 3.6 acres of the subject 5.5-acre property; and WHEREAS, on January 14, 2002, the Anaheim Planning Commission, by its Resolution No. 2002-3, further amended Resolution No. PC73-208, to permit and retain an automotive center with three independent automotive businesses, including an automotive sales dealership with accessory auto financing services and an automotive repair facility with a temporary modular office building located on the northerly 1.9 acre portion of the 5.5-acre property; and that the conditions of approval were amended in their entirety; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 1424, designated as Conditional Use Permit No. 1424A, to modify or delete a condition of approval pertaining to a time limitation for an automobile sales dealership with independent auto finance and on-site automotive repair uses 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; and - 2 - PC2010-*** WHEREAS, this portion of the property is developed with a 5,550 square foot industrial building located in the I (Industrial) zone and the Anaheim General Plan designates the property for Office High land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit 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 with respect to the request for a conditional use permit, does find and determine the following facts: 1. The applicant’s proposal to amend or delete a condition of approval pertaining to a time limitation for an automobile sales dealership with independent auto finance and on-site automotive repair uses in the I (Industrial) zone is properly one for which a conditional use permit is authorized under Code Section 18.10.030 of the Anaheim Municipal Code. 2. The automobile sales dealership with independent auto finance and automotive repair uses has demonstrated compatibility with the surrounding area and the deletion of the condition pertaining to the time limitation as proposed will not adversely affect the adjoining land uses or the growth and development of the area in which it is currently located. 3. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety. Further, Code Enforcement staff inspected the property and determined that the business is being conducted in compliance with conditions of approval. 4. The traffic generated by the request to delete a condition of approval pertaining to a time limitation for an automobile sales dealership with independent auto finance and on-site automotive repair uses will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the number vehicles entering and exiting the site are consistent with typical industrial businesses that would be permitted as a matter of right 5. The granting of the conditional use permit will not be detrimental to the health and safety of the citizens of the City of Anaheim. This business use has operated in this location for 14 years and has proven to be compatible to the area. 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. - 3 - PC2010-*** NOW THEREFORE BE IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the amendment to Conditional Use Permit No. 1424, designated as Conditional Use Permit No. 1424A, to reinstate said conditional use permit. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby amend in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. 2002-121, approving deletion of the time limitation for Conditional Use Permit No. 1424 to read as stated in Exhibit “B” attached hereto and incorporated by this reference 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City 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 this conditional use permit is approved without limitations on the duration of the use. BE IT FURTHER RESOLVED 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 25, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 1424 (DEV2010-00149) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Code Enforcement 2 The property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Revision No. 2 of Exhibit No. 1 and Exhibit Nos. 2 and 3 of Planning Commission Resolution No. 2002-121, and as conditioned herein. Planning The PRS GROUP October 8, 2010 Vanessa Norwood Planning Dept. City Hall 200 South Anaheim Blvd. Anaheim, CA 92805 RE: CUP 1424 – at 2221-2225 East Katella Ave. Request for Renewal Dear Ms. Norwood: Please accept this letter of request to renew CUP 1424 and continue the same uses as prescribed within the original approvals of the CUP. We respectfully request that our time limitation be eliminated from the CUP. We have not experienced any problems during our ten years of operation. Our automotive related uses continue to remain viable at this location. As you are aware our closest neighbors are an automotive repair facility (Caliber Collision Services) and the Shell Station at Katella Avenue and Howell Street. The other neighbor is an RV storage facility. Thank you for your consideration in this matter. Sincerely, THE PRS GROUP Phillip R. Schwartze President/Agent for Landowner ATTACHMENT NO. 3 M E M O R A N D U M CITY OF ANAHEIM Code Enforcement Division DATE: SEPTEMBER 27, 2010 TO: VANESSA NORWOOD, ASSOCIATE PLANNER FROM: BRITTNEY DIETRICH, CODE ENFORCEMENT OFFICER SUBJECT: IDC INSPECTION FOR 2221 E. KATELLA AVE. (CUP1424A) I conducted an inspection of the address listed above on Monday, September 27, 2010. There were no violations of the Anaheim Municipal Code or the existing conditions of approval for CUP1424A. Given that there are no violations, the Code Enforcement Case has been closed. Photos can be viewed on COD2010-08730. If you have any further questions regarding the property, please feel free to contact me at EXT. 4449. Thank you. ATTACHMENT NO. 4 ATTACHMENT NO. 5 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. SP 94-1 (SC) DA2 DEV 2010-00150 RELIGIOUS USE SP 94-1 (SC) DA2 CANYON OFFICE CENTER C-G (SC) VACANT SP 94-1 (SC) DA5 RETAIL SP 94-1 (SC) DA5 CINEMA CITY THEATER SP 94-1 (SC) DA5 SERVICE STATION SP 94-1 (SC) DA5 BANK SP 94-1 (SC) DA2 CANYON OFFICE CENTER SP 94-1 (SC) DA2 CANYON OFFICE CENTER SP 94-1 (SC) DA 2 INDUSTRIAL SP 94-1 (SC) DA5 RETAIL SP 94-1 (SC) DA5 RETAIL C-G UNDER CONSTRUCTION RM-4 VINEYARD APTS 304 DU SP 94-1 (SC) DA2 CANYON OFFICE CENTER SP 94-1 (SC) DA 2 INDUSTRIAL |577'! ! ! Alpha (Northeast Area) Redevelopment Area Alpha (Northeast Area) Redevelopment AreaAlpha (Northeast Area)Redevelopment Area E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE N VIA BREVE91 E. LA PALMA AVE N. IMPERIAL HWY. S A N T A A N A C A N Y O N R D E. ORANGETHORPE AVE . SANTA ANA CANYON RD 110315605 East La Palma Avenue DEV2010-00150 Subject Property APN: 346-271-12 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009ANAHEIM CITYORANGECOUNTY E LA PALMA AVE N IMPERIAL HWYE ORANGETHORPE AVE N VIA BREVE91 E. LA PALMA AVE N. IMPERIAL HWY. S A N T A A N A C A N Y O N R D E. ORANGETHORPE AVE . SANTA ANA CANYON RD 110315605 East La Palma Avenue DEV2010-00150 Subject Property APN: 346-271-12 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009ANAHEIM CITYORANGECOUNTY [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-0 RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001-04318 AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001-18 (TRACKING NOS. CUP2001-04318A AND DEV2010-00150) (5605 EAST LA PALMA AVENUE) WHEREAS, on January 29, 2001, the Anaheim City Planning Commission, by its Resolution No. PC2001-18, did approve Conditional Use Permit No. 2001-04318 to establish a church with less parking than required by Code, for that certain real property situated in the City of Anaheim, County of Orange, State of California, as particularly shown on Exhibit “A”, attached hereto and incorporated herein by this reference (the "subject property"); and WHEREAS, the subject property is developed with a 53,400 square foot church facility in the Northeast Area Specific Plan 94-1, Development Area 2 (SP94-1, DA 2 – Expanded Industrial Area) zone; the Anaheim General Plan designates this property for Office Low land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for an amendment to Conditional Use Permit No. 2001-04318 to expand an existing church facility; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit 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 with respect to the request for an amendment to the conditional use permit, does find and determine the following facts: 1. The request to expand an existing church in the SP 94-1, DA2 zone is properly one for which a conditional use permit is authorized under Code Section 18.120.070.050.0511 (Community & Religious Assembly) of the Anaheim Municipal Code. 2. The expanded church will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because the site can accommodate the proposed use and there will not be an adverse affect on the adjacent commercial and industrial businesses in the vicinity. 3. The size and shape of the site for the expanded use of the facility is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety as the property is large enough to accommodate the use on the site. - 2 - PC2010-*** 4. The traffic generated by the expanded use of the church facility will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the property has been developed to accommodate the required on and off site parking, vehicular circulation, and trash collection. 5. Parking for the expanded use of the facility will be adequate as the applicant has obtained an off-site parking arrangement with the contiguous property to the south. A reciprocal access and parking agreement, which has been recorded for both properties, provides an additional 405 off-site spaces for the church and ensures that shared parking rights are permanently maintained on both properties. 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 IT RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated, does hereby approve the proposed amendment of Conditional Use Permit No. 2001-04318 to expand an existing church for the property located at 5605 East La Palma Avenue, as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2001-18, adopted in connection with Conditional Use Permit No. 2001-04318 to read as shown in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that, except as expressly amended herein, the provisions of Resolution No. PC2001-18, approving Conditional Use Permit No. 2001-04318, shall remain in full force and effect. BE IT FURTHER RESOLVED that the Anaheim City 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. - 3 - PC2010-*** BE IT FURTHER RESOLVED 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 25, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October, 2010. SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** - 5 - PC2010-*** EXHIBIT “B” AMENDMENT TO CONDITIONAL USE PERMIT NO. 2001-04318 (DEV2010-00150) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY GENERAL 1 No required parking area shall be fenced-off or otherwise enclosed for outdoor storage uses. Code Enforcement 2 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 two (2) business days from the time of discovery. Code Enforcement 3 The location of a trash enclosure shall be provided in a location acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said information shall be specifically shown on the plans submitted for building permits. Public Works 4 No outdoor events shall be permitted, except as approved by special event permit from the City of Anaheim. Planning 5 Adequate lighting of parking lots, shipping and receiving areas, driveways, circulation areas, and grounds contiguous to the building shall be provided with lighting of sufficient wattage to provide adequate illumination to clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property and vehicles on-site. Police 6 The applicant shall obtain an Off-Site Parking Permit from the Planning Department prior to commencing the expanded operation. The permit shall ensure use of a minimum of 314 additional off-site parking spaces during weekend operating hours. Planning 7 That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 (Site), 2 (Landscape), 3 (Floor), 4 (Demolition Floor), and 5 (Elevations), and as conditioned herein. Planning ATTACHMENT NO. 3 ATTACHMENT NO. 4 ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item. RM-2 DEV 2010-00134 SFR RS-2 SFR SINGLE FAMILY RESIDENCE RM-2 BIRCH TREE COURT APTS 15 DU RS-2 SFR RM-4 APTS 6 DU RS-3 SFR RS-2 SFR T SFRRS-2 SFR RM-2 SFR RM-2 APTS 14 DU RM-2 VILLA ADELINA APTS 24 DU RM-2 APTS 6 DU RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RM-4 APTS 6 DU RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR RS-2 SFR ||771,235'! ! T SFR T SFR RS-2 SFR RS-2 SFR RS-2 SFR T SFR RS-2 SFR RS-2 SFRRS-2 SFR RS-2 SFR RS-2 SFR RS-3 SFR RS-3 SFR W O RA NGEWOOD AVE S DELLA LNS WAVERLY DRS ATLANTA STW O R D W AY W LORANE WAY W SIM PL W WILMOT LN S HAMMATT PKWYW GAYLORD DR W ORD WAY S LOARA STW. KATELLA AVE S. EUCLID STS. WEST STS. NINTH STW. CHAPMAN AVE 110332248 South Loara Street DEV2010-00134 Subject Property APN: 090-612-01 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 ANAHEIM CITY BOUNDARY GARDEN GROVE CITY BOUNDARY ANAHEIM CITY BOUNDARYGARDEN GROVE CITY BOUNDARY W O RA NGEWOOD AVE S DELLA LNS WAVERLY DRS ATLANTA STW O R D W AY W LORANE WAY W SIM PL W WILMOT LN S HAMMATT PKWYW GAYLORD DR W ORD WAY S LOARA STW. KATELLA AVE S. EUCLID STS. WEST STS. NINTH STW. CHAPMAN AVE 110332248 South Loara Street DEV2010-00134 Subject Property APN: 090-612-01 ATTACHMENT NO. 1 °0 50 100 Feet Aerial Photo: April 2009 ANAHEIM CITY BOUNDARY GARDEN GROVE CITY BOUNDARY ANAHEIM CITY BOUNDARYGARDEN GROVE CITY BOUNDARY [DRAFT] ATTACHMENT NO. 2 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT CLASS 15 AND CLASS 32 CATEGORICAL EXEMPTIONS ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING RECLASSIFICATION NO. 2010-00240 (DEV2010-00134) (2248 SOUTH LOARA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission") did receive a verified Petition for Reclassification, designated as Reclassification No. 2010-00240, for that certain real property situated at 2248 South Loara Street in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference. WHEREAS, this property is currently vacant and is located in the Multiple Family (RM-2) Residential Zone. The Anaheim General Plan designates this property for Low- Medium Density Residential land uses; and WHEREAS, the applicant requests to reclassify or rezone the property from the Multiple Family (RM-2) Zone to the Single-Family Residential (RS-4 ) Zone; and WHEREAS, Reclassification No. 2010-00240 is proposed in conjunction with Tentative Tract No. 17393, Conditional Use Permit No. 2010-05523 and to construct a one-lot single-family, detached condominium subdivision with five residences having modified side and rear yard setback areas; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 2010 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “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, the 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. Reclassification of the subject property from the Multiple Family (RM-2) to the Single Family Residential (RS-4) Zone is consistent with the existing Low-Medium Density Residential General Plan land use designation for the subject property. 2. The proposed reclassification of subject property is necessary and/or desirable for the orderly and proper development of the community and is compatible with the properties to the north which are designated for Low-Medium Density Residential land uses and zoned RM-2 (Multiple-Family Residential; properties to the west which are designated for Low- - 2 - PC2010-*** Medium Density Residential and zoned T (Transition) and properties to the east which are designated for Low Density Residential and zoned RS-2 (Single-Family Residential). 3. 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. THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, a Class 15 (Minor Land Divisions) and Class 32 (In -Fill Development Projects) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission does hereby unconditionally approve Reclassification No. 2010-00240 to authorize an amendment to the Zoning Map of the Anaheim Municipal Code to rezone and reclassify the subject property into the RS-4 (Single-Family Residential) Zone. BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole discretion. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 25, 2010. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: ___________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 3 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October, 2010. ___________________________________________________________ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** [DRAFT] ATTACHMENT NO. 3 -1- PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT CLASS 15 AND CLASS 32 CATEGORICAL EXEMPTIONS ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING TENTATIVE TRACT MAP NO. 17393 (DEV2010-00134) (2248 SOUTH LOARA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission") did receive a verified Petition for Tentative Tract Map No. 17393 to establish a 1-lot, 5- unit residential condominium subdivision, for that certain real property located at 2248 South Loara Street in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit “A” attached hereto and incorporated herein by this reference; and WHEREAS, Tentative Tract Map No. 17393 is proposed in conjunction with Reclassification No. 2010-00240 and Conditional Use Permit No. 2010-05523; and WHEREAS, the Planning Commission did hold a public hearing at the Anaheim Civic Center, Council Chamber, 200 South Anaheim Boulevard, on October 25, 2010, at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed project actions, including Tentative Tract Map No. 17393, and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the 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 proposed tentative tract map, including its design and improvements, is consistent with the City of Anaheim General Plan designation of Low Medium Density Residential land use. 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 the design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. -2- PC2010-*** 5. 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. THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, a Class 15 (Minor Land Divisions) and Class 32 (In-Fill Development Projects) 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 Planning Commission does hereby grant the subject Petition for Tentative Tract Map subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, 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: BE IT FURTHER RESOLVED that the 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. WHEREAS, the Planning Commission has reviewed the proposal and does hereby find that the Negative Declaration is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the 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 Planning Commission does hereby grant the subject Petition for Tentative Tract Map subject to the conditions of approval described in Exhibit “B” attached hereto and incorporated by this reference, 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: BE IT FURTHER RESOLVED that the 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. -3- PC2010-*** 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 approval of the final map for this project, whichever occurs first. Failure to pay all charges shall result in delays in the approval of the final map or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 25, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, “Zoning Provisions – General” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. _____________________________________________ CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October 2010. ______________________________________________________ SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2010-*** -5- PC2010-*** EXHIBIT “B” TENTATIVE TRACT MAP NO. 17393 (DEV2010-00134) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO FINAL MAP APPROVAL 1 All existing structures shall be demolished. The developer shall obtain a demolition permit from the Building Division. Public Works – Development Services 2 The private drive shall be shown as a lettered lot on the Parcel Map. The private drive lot shall be a minimum of 29 feet wide (including 5 foot wide landscaped water quality swale, 20 foot wide drive aisle, and 4 foot wide sidewalk) and include the trash enclosure area at the east end of the site. Public Works – Development Services 3 All units shall be addressed from Loara Street as assigned by the Building Division. Planning – Building Division 4 The access drive, sanitary sewer and drainage facilities within the development shall be privately maintained. Improvement plans for the private drive, sanitary sewer and drainage facilities shalla be submitted to Public Works, Development Services concurrently with the final map. Public Works – Development Services 5 A maintenance covenant shall be submitted to the Subdivision Section and approved by the City Attorney's office. The covenant shall include provisions for maintenance of private facilities such as private sewer, private street, private storm drain improvements, and trash enclosure; compliance with approved Water Quality Management Plan; and a maintenance exhibit. Maintenance responsibilities shall include all drainage devices, parkway landscaping and irrigation on LoaraStreet Avenue and the Private Street. The covenant shall be recorded concurrently with the final map. Public Works – Development Services 6 The legal property owner shall execute a Subdivision Agreement, in a form approved by the City Attorney, to complete the required public improvements at the legal property owner’s expense. Said agreement shall be submitted to the Public Works Department, Subdivision Section approved by the City Attorney and City Engineer. Public Works – Development Services [DRAFT] ATTACHMENT NO. 4 - 1 - PC2010-*** RESOLUTION NO. PC2010-*** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT CLASS 15 AND CLASS 32 CATEGORICAL EXEMPTIONS ARE THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING CONDITIONAL USE PERMIT NO. 2010-05523 (DEV2010-00134) (2248 SOUTH LOARA STREET) WHEREAS, the Anaheim City Planning Commission (hereinafter "Planning Commission") did receive a verified Petition for Conditional Use Permit No. 2010-05523 to establish a 1-lot, 5-unit residential condominium subdivision and permit the construction of five single-family residences with modified rear yard and side yard setbacks; and, on a .53-acre parcel for that certain real property located at 2248 South Loara Street in the City of Anaheim, County of Orange, State Of California, as more particularly shown in Exhibit “A”, attached hereto and incorporated herein by this reference (the "subject property"); and WHEREAS, this property is currently vacant and is located in the Multiple Family (RM-2) Residential Zone. The Anaheim General Plan designates this property for Low- Medium Density Residential land uses; and WHEREAS, Conditional Use Permit No. 2010-05523 are proposed in conjunction with Reclassification No. 2010-00240 and Tentative Tract Map No. 17393; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on October 25, 2010 at 5:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed conditional use permit and variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, the 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 with respect to the request for an amendment to the conditional use permit and a variance, does find and determine the following facts: The applicant requests Conditional Use Permit No. 2010-05523 with modification from the following code sections to permit the construction of five single family homes with reduced side and rear yard setbacks: SECTION NO. 18.04.100.0101 & 18.04.160 Minimum side and rear yard setbacks. (10 feet required; 7 feet, 6 inches proposed). AND Minimum rear yard setback. (10 feet required; 5 feet proposed). - 2 - PC2010-*** 1. The uses within the project are compatible because all proposed uses are residential and consistent with the existing neighborhood characteristics. 2. The proposed structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area and further conform with the provisions of the proposed zoning; 3. Vehicular and pedestrian access are adequate to allow safe ingress and egress into the site; 4. The construction of five single-family residences having reduced side and rear yard setbacks will not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because surrounding properties are also residential properties. 5. The project complies with the General Plan and Subdivision Map Act; and 6. The size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety and five single-family residences are consistent with the neighborhood characteristics and surrounding land uses. 7. The traffic generated by the proposed 1-lot residential subdivision with five detached, single family residences will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because the traffic generated by this use will not exceed the volume of traffic planned for the streets and highways in the area. 8. 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. THEREFORE, BE IT RESOLVED, the proposed project falls within the definition of Categorical Exemptions, a Class 15 (Minor Land Divisions) and Class 32 (In-Fill Development Projects) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve a Conditional Use Permit No. 2010-05523 as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby approve Conditional Use Permit No. 2010-05523, subject to the conditions of approval as stated in Exhibit “B” attached hereto and incorporated herein by this reference, which conditions 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. Extensions for further time to complete conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. Timing for compliance with conditions of approval may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. - 3 - PC2010-*** BE IT FURTHER RESOLVED that the Conditional Use Permit No. 2010-05523 are hereby approved subject to the approval of Reclassification No. 2010-00240 and Tentative Tract Map No. 17393, now pending. BE IT FURTHER RESOLVED, that any amendment, modification or revocation of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to 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 City 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 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 applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of October 25, 2010. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 “Procedures” of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 4 - PC2010-*** STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, 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 October 25, 2010, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this 25th day of October, 2010. _______ SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION - 5 - PC2010-*** - 6 - PC2010-*** EXHIBIT “B” CONDITIONAL USE PERMIT NO. 2010-05523 (DEV2010-00134) NO. CONDITIONS OF APPROVAL REVIEW BY SIGNED OFF BY PRIOR TO THE ISSUANCE OF A BUILDING PERMIT 1 A private water system with separate water service for fire protection and domestic water shall be provided. Public Utilities- Water Engineering 2 All backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets and alleys Public Utilities- Water Engineering 3 All requests for new water services or fire lines, as well as any modification, relocations, or abandonments of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. Public Utilities- Water Engineering 4 The common landscaping area shall have a separate irrigation meter installed. Public Utilities- Water Engineering 5 Prior to applying for water meters, fire line or submitting the water improvement plans for approval, the developer/owner shall submit to the Public Utilities Water Engineering an estimate of the maximum fire flow rate and maximum day and peak hour water demands for the project. This information will be used to determine the adequacy of the existing water system to provide the estimated water demands. Any off-site water system improvements required to serve the project shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. Public Utilities- Water Engineering 6 The existing fire hydrant nearest the property shall be upgraded by the applicant to current standards. Public Utilities- Water Engineering 7 Prior to approval of permits for improvement plans, the property owner/developer shall coordinate with Electrical Engineering to establish electrical service requirements and submit electric system plans, electrical panel drawings, site plans, elevation plans, and related technical drawings and specifications. Public Utilities- Electrical Engineering - 7 - PC2010-*** 8 Prior to connection of electrical service, the legal owner shall provide to the City of Anaheim a Public Utilities easement with dimensions as shown on the approved utility service plan. Public Utilities, Electrical Engineering 9 Prior to connection of electrical service, the legal owner shall submit payment to the City of Anaheim for service connection fees. Public Utilities, Electrical Engineering 10 A permit and right-of-way construction permit for the storm drain and sewer, whichever occurs first, a Save Harmless in-lieu of Encroachment Agreement is required to be recorded on the property for any private storm drains connecting to a City storm drain. Public Works – Development Services 11 Excluding model homes, the final map shall be submitted to and approved by the City of Anaheim Department of Public Works and the Orange County Surveyor for technical review and that all applicable conditions of approval have been complied with and then shall be filed in the Office of the Orange County Recorder. Public Works – Development Services 12 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 areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in DAMP. • Describes the long-term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long-term operation and maintenance of the Treatment Control BMPs, and describes the mechanism for funding the long-term operation and maintenance of the Treatment Control BMPs. Public Works – Development Services 13 The single bin trash enclosure shall be shown, on the building plans, in conformance to Public Works Standards. Public Works Operations PRIOR TO THE FINAL BUILDING INSPECTIONS 14 The required public improvements shall be installed prior to final zoning and building inspection. Public Works – Development Services - 8 - PC2010-*** 15 The property owner/developer shall:submit the Final As-Graded Grading Plan and demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. Public Works – Development Services 16 That prior to final building and zoning inspection, 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 prepared 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. Public Works – Development Services 17 Trash services shall be established and billed to the homeowner association Public Works Operations 18 That prior to final building and zoning inspection, fire lanes shall be posted with “No Parking Any Time.” Said information shall be specifically shown on plans submitted for building permits. Planning Division – GENERAL 19 Implementation of this conditional use permit is contingent upon City Council adoption of an ordinance finalizing Reclassification No. 2010-00240, reclassifying subject property from the RM-2 (Multiple-Family Residential Zone) to the RS-4 (Single-Family Residential Zone). Planning Division 20 On going during project operation, no parking areas shall be fenced or otherwise enclosed for outdoor storage purposes. Code Enforcement 21 Prior to commencement of structural framing, fire hydrants shall be installed and charged as required and approved by the Fire Department. Fire Department 22 An all-weather access road as approved by the Fire Department shall be provided during construction. Fire Department 23 Fire hydrants shall meet minimum Fire Department Specifications and Requirements for spacing, distance to structure and available fire flow. Fire Department 24 Emergency vehicular access shall be provided and maintained in accordance with Fire Department Specifications and Requirements. Fire Department - 9 - PC2010-*** 25 The subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 (Tentative Tract Map/Site Plan) Exhibit No. 2 (Floor Plans) Exhibit No. 3 (Elevation Plans) as conditioned herein. Planning Division ATTACHMENT NO. 5 ATTACHMENT NO. 6 ATTACHMENT NO. 7 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT There is no new correspondence regarding this item.