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PC 2005/06/27Anaheim Planning Commission Agenda Monday, June 27, 2005 Council Chamber, City Hall 200 South Anaheim Boulevard. Anaheim. California • Chairman: Gail Eastman • Chairman Pro - Tempore: Cecilia Flores • Commissioners: Kelly Buffa, Joseph Karaki, Ed Perez, Panky Romero, Pat Velasquez • Call To Order Preliminary Plan Review 10:00 A.M. • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Tour of the Mountain Park Specific Plan Area • Preliminary Plan Review for items on the June 27, 2005 agenda • Recess To Afternoon Public Hearing Session • Reconvene To Public Hearing 2:00 P.M. 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. • Pledge Of Allegiance • Public Comments • Consent Calendar • Public Hearing Items • Adjournment You may leave a message for the Planning Commission using the following e -mail address: plat ningcommisslon0anaheim.net Too Is \PCAdmi n \PCAge nda \062705.doc (06/27/05) Page 1 Anaheim Planning Commission Agenda - 2:00 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Planning Commission Appointments: REQUEST FOR CONSIDERATION OF POTENTIAL APPOINTMENT OF PLANNING COMMISSION REPRESENTATIVES AND ALTERNATES FOR THE FOLLOWING: • Anaheim Transportation Network Board of Directors • Utilities Underground Conversion Subcommittee 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. 1A.(a) CEQA Mitigated Negative Declaration and Mitigation Monitorin Plan No. 129 (Previously- Approved) (b) Conditional Use Permit No. 2005 -04975 (c) Tentative Tract Map No. 16825 (d) Development Agreement No. 2005 -00005 (Tracking No. CUP2005- 05001) Agent: John Stanek, Integral Partners, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660 Project Planner: Amy Vazquez Location: 1818 South State College Boulevard. (avasquez @anaheim.net) Request for review of revised elevation and landscape plans for Q S 117 Conditional Use Permit No. 2005 -04975 to construct a 265 -unit residential condominium project. 1 B.(a) CEQA Categorical Exemption - Section 15321 (b) Conditional Use Permit No. 2005 -04960 (Tracking No. CUP2005- 05006) Agent: City- Initiated Location: 2230 West Colchester Drive, Suites 1 -5 Project Planner: Request to initiate consideration of the revocation or modification of John Ramirez Conditional Use Permit No. 2005 -04960 (to permit and retain an apramirez @anaheim.net) existing church in conjunction with a commercial retail center). Q. S. 117 Too Is \PCAdmi n \PCAge nda \062705.doc (06/27/05) Page 2 Minutes 5103 ID. Receiving and approving the Minutes from the Planning Commission Meeting of June 1, 2005 (Motion) Continued from the June 13, 2005, Planning Commission Meeting. Receiving and approving the Minutes from the Planning Commission Meeting of June 13, 2005 (Motion) Request for continuance to July 25, 2005 Request for continuance to July 25, 2005 Tools \PCAdmin \PCAgenda \062705.doc (06/27/05) Page 3 2a. CEQA Environmental Impact Report No. 330 (Previously Certified) 2b. Zoning Code Amendment No. 2005 -00041 Agent: City of Anaheim, Planning Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 Location: Citywide. City- initiated request (Planning Department) to amend various sections of Title 18 "Zoning" of the Anaheim Municipal Code to correct various errors and omissions; clarify certain text; update references to Engineering Standard Details and division titles; and amend certain code regulations to permit recreational vehicle parking in driveways, require landscaped setbacks between freeways and commercial buildings, conditionally permit plant nurseries in the "T" Transition Zone, establish criteria for Carnivals & Circuses, regulate laundromats in areas having deficient sewer capacity, amend parking requirements for multiple - family residential uses, limit expansion of single - family dwellings with nonconforming parking and authorize modifications thereof, authorize the Zoning Administrator to terminate certain petitions, and authorize the Planning Director to initiate general plan amendments and reclassifications. 3a. CEQA Negative Declaration 3b. Zoning Code Amendment No. 2006.00040 Agent: City of Anaheim, Community Services Department, 200 South Anaheim Boulevard, Anaheim, CA 92805 Location: Citywide. Request to amend the zoning code pertaining to the establishment of building and ground- mounted telecommunication facilities on public recreational facilities within the Scenic Corridor Overlay, Open Space and Residential zones, to clarify the definition of certain types of telecommunication facilities, and to add standard conditions of approval to the Telecommunication Antenna Review Permit process. Tools \PCAdmi n \PCAge nda \062705.doc Project Planner: Annika Santalahti (a s a nta la hti @ a na he i m. net) Request for continuance to July 25, 2005 Project Planner: John Ramirez (ipramirez @an ah eim. net) (06/27/05) Page 4 4a. 4b. 4c. Owner: Stadium Land Partners, LLC, Brad Redelsperger, c/o Newport Federal, 4425 Jamboree, #250, Newport Beach, CA 92660 Agent: John Stanek, Integral Partners, 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660 Location: 2045 South State College Boulevard. Property is approximately 3.8 acres with a frontage of 292 feet on the west side of State College Boulevard and located 337 feet north of the centerline of Orangewood Avenue (Gateway Centre Condominiums). Request to approve a Mitigated Negative Declaration prepared for the project and circulated for public /responsible agency review in compliance with the California Environmental Quality Act (CEQA) and the State and City of Anaheim CEQA Guidelines. The Draft Mitigated Negative Declaration is available for public review (May 19, 2005 until June 7, 2005) and copies of the document are available for review at the City of Anaheim Planning Department, 200 South Anaheim Boulevard, Anaheim CA 92805. Development Agreement No. DAG2005 -00006 - Request to recommend City Council adoption of Development Agreement between the City of Anaheim and Newport Federal for the Gateway Centre Condominium Project to construct a 266 -unit residential condominium project. Tentative Tract Map No. 16826 -To establish a 1 -lot, 266 -unit airspace attached residential condominium subdivision. Continued from the June 13, 2005 Planning Commission meeting. Development Agreement Resolution No. Tools \PCAdmi n \PCAge nda \062705.doc Project Planner: John Ramirez O pram irez @an ah eim. n et) (06/27/05) Page 5 Sa. CEQA Negative Declaration Request for 5b. Reclassification No. 2005 -00163 continuance to 5c. Variance No. 2005 -04653 July 25, 2005 5d. Tentative Parcel Map No. 2005 -132 Se. Waiver of Council Policy No. 542 Grove Street and is located 575 feet south of the centerline Owner: Evart C. Fountain, 1432 Roberta Avenue, Fullerton, CA Request for reinstatement of this permit by the modification or deletion of 92833 a condition of approval pertaining to a time limitation (approved on Agent: Alan Nguyen, 15401 Firmona Avenue, Lawndale, CA 90260 automobile storage and employee parking lot for an existing automobile Location: 1400 East Burton Street. Property consist of two parcels. auction facility. Della Herrick Parcel 1: Property is an irregularly- shaped parcel having a (dherrick @an aheim.n et) Conditional Use Permit Resolution No. frontage of 133 feet on the south side of Burton Street and is located 889 feet west of the centerline of Acacia Street. Parcel 2: Property is an irregularly- shaped parcel having a frontage of 26 feet on the south side of Burton Street and is located 1022 feet west of the centerline of Acacia Street. Reclassification No. 2005 -00163 - Request reclassification of the property from the T (Transition) zone to the RS -2 (Residential, Single - Family) zone, or a less intense zone. Variance No. 2005 -04653 - Request waivers of (a) minimum lot width and (b) minimum lot area to construct four single - family residences. Tentative Parcel Map - Request to establish a 4 -lot, 4 -unit detached single family subdivision. Waiver of Council Policy No. 542 - Request to waive Council Policy No. 542 pertaining to sound attenuation for residential projects. Project Planner: Cheryl Flores Reclassification Resolution No. (cflores @ananeim.net) Variance Resolution No. Q.S. 91 6a. CEQA Negative Declaration (Previously- Approved) 6b. Conditional Use Permit No. 4161 (Tracking No. CUP2005- 04991) Owner: Robert L. Siegmann, TR., 6831 East Kentucky Avenue, Anaheim, CA 92807 Location: 1260 North Grove Street. Property is approximately 0.95 - acre, having a frontage of 136 feet on the east side of Grove Street and is located 575 feet south of the centerline of Miraloma Avenue Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on November 8, 1999 to expire December 31, 2004) to retain an off -site automobile storage and employee parking lot for an existing automobile Project Planner: auction facility. Della Herrick (dherrick @an aheim.n et) Conditional Use Permit Resolution No. Q.S. 149 Tools \PCAdmin \PCAgenda \062705.doc (06/27/05) Page 6 7a. CEQA Negative Declaration 7b. Conditional Use Permit No. 2005.04990 Owner: Richard Whitney, Anaheim Memorial Hospital, 1111 West La Palma Avenue, Anaheim, CA 92801 Agent: David K. Smith, Caruana and Associates, 3633 Long Beach Boulevard, Long Beach, CA 90807 Location: 1006 West La Palma Avenue. Property is approximately 0.55 -acre, having a frontage of 286 feet on the south side of La Palma Avenue and is located 224 feet east of the centerline of West Street. Request to permit an ambulatory surgery center with waivers of (a) minimum front yard setback and (b) minimum number of parking spaces. Conditional Use Permit Resolution No. 8a. CEQA Negative Declaration (Previously - Approved) 8b. Conditional Use Permit No. 4165 (Tracking No. CUP2005- 04988) Owner: Southern California Edison Company, 2244 Walnut Grove Avenue, Rosemead, CA 91770 Agent: Terri Grisenti, Velocitel for Sprint PCS, 18071 Fitch Avenue, Suite 200, Irvine, CA 92614 Location: 1200 -1400 West Audre Drive. 1650 South Ninth Street and 1651 South Walnut Street. Property is approximately 5.0 acres, having a frontage of 1,232 feet on the south side of Audre Drive, 175 feet on the west side of Walnut Street and 175 feet on the east side of Ninth Street (Southern California Edison Easement). Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 6, 1999 to expire December 6, 2004) to retain telecommunication antennas on an existing electrical transmission tower. Conditional Use Permit Resolution No. Tools \PCAdmi n \PCAge nda \062705.doc Project Planner: David See (dsee @anaheim.net) Q.S. 61 Request for continuance to September 19, 2005 Project Planner: Della Herrick (dherrick @an aheim.n et) Q.S. 66 (06/27/05) Page 7 9a. CEQA Environmental Impact Report No. 313 (Previously - Certified) 9b. Variance No. 2005 -04656 Owner: AMH LLC, Tarasadia, 620 Newport Center Drive, Newport Beach, CA 92660 Agent: Wes Litzinger, 20321 S.W. Birch Street, Newport Beach, CA 92651 Location: 700 West Convention Way Property is approximately 13.7 acres, having a frontage of 1743 feet on the south side of Convention Way and is located 499 feet west of the centerline of Harbor Boulevard (Anaheim Marriott Hotel). Request waivers of (a) minimum number of parking spaces and (b) minimum interior structural setback to construct a 25,000 square foot ballroom addition to an existing hotel. Variance Resolution No. Project Planner: John Ramirez (i pram irez@an ah eim. n et) Q.S. 77 Adjourn To Monday, July 11, 2005 at 1:00 P.M. for Preliminary Plan Review. Tools \PCAdmin \PCAgenda \062705.doc (06/27/05) Page 8 M4AIIa1aA 111l?]z go] 2161-111zV I hereby certify that a complete copy of this agenda was posted at: 4:00 p.m. June 24, 2005 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: (Original Siqned by Eleanor Morris) If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. RIGHTS OF APPEAL TO CITY COUNCIL FROM PLANNING COMMISSION ACTION Any action taken by the Planning Commission this date regarding Reclassifications, Conditional Use Permits and Variances will be final 22 days after Planning Commission action and any action regarding Tentative Tract and Parcel Maps will be final 10 days after Planning Commission action unless a timely appeal is filed during that time. This appeal shall be made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the City Clerk. The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing. ANAHEIM PLANNING COMMISSION In compliance with the American with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Planning Department, (714) 765 -5139. Notification no later than 10:00 a.m. on the Friday before the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Recorded decision information is available 24 hours a day by calling the Planning Department's Automated Telephone System at 714- 765 -5139. Tools \PCAdmin \PCAgenda \062705.doc (06/27/05) Page 9 SCHEDULE 2005 July 11 July 25 August 8 August 22 September 7 (Wed) September 19 October 3 October 17 October 31 November 14 November 28 December 12 II December 28 (Wed) II Tools \PCAdmin \PCAgenda \062705.doc (06/27/05) Page 10 ITEM NO. 1 -A R 99-00-15 CUP 2004-04906 (Re s, softo SE) CUP 2862 ) RCL 66 -66 -67 -14 CUP 3386 BANK RCL 55 -5-19 CUP 1427 R RCL 54 -555 -42 VAR 4129 T -CUP 2004-04939 (Re O L(PTMU) 15 T -CUP 2004-04939 RCL 90 -91 -t] (PTMU) -15 RCL5 R CL 15 9 CUP 2004-04906 557 - f (Res. of Int. Int. t o SE) CUP 2862 TLUP 200BU4260 -6 RCL 66 -67 -14 CUP 1427 DAG 2004-00002 CUP4141 CUP3957 RCL 55 -55-19 MIXED USE COP3406 RCL 54 -5542 RESIDENTIAL CUP690 (Res CONDOMINIUM TPM NO 97-155 DENNYS REST. CUP 4141 PARKING CUP 3957 CUP 3406 O- L(PTMU) PARKING O- L(PTMU) O -L(PTM U) FOOD CARL'S JR. COURT REST. KATELLA AVENUE RCL 2004 -00129 O -L(PTM U) OFFICE BLDG. CUP 3957 CUP 690 Conditional Use Permit No. 2005 -04975 ® Subject Property TRACKING NO. CUP2005 -05001 Date June 27, 2005 Tentative Tract Map No. 16825 Development Agreement No. 2005 -00005 Scale 1"=200' Requested By JOHN STANEK Q.S. No. 118 REQUEST FOR REVIEW OF REVISED ELEVATION AND LANDSCAPE PLANS FOR CONDITIONAL USE PERMIT NO. 2005 -04975 TO CONSTRUCT A 265 -UNIT RESIDENTIAL CONDOMINIUM PROJECT. 1818 South State College Boulevard 1908 11 105 ) R ) (Re 15 I(PTMU) l s R -15 to SE) Maoonnin cuazsaa I(PTMU) L� R oSE) -14 =�57 7 cuP 25ae cuP 24zs RCL 99 -00 -15 �Or 44 -93 36 vna zwa vna lezz cua Isla (Res. of lnt. to SE) �zU (Res 93 70 Q vna z4aa RCL 66 -67 -14 R 5 s_ > MU) RCL 59 -60 -61 —OM S I(PTMU) W e0P2226 Res of Intent to MH RGL 999015 CUP 1319 J CUP 1745 RCL 56 -57 -93 (Res_oflnL :D OFF. BLDG. VAR 2466 I. SE) RCL 6667 -14 MOTEL� Q O- L(PTMU) M TTM 16825 RCL 99-00-15 KAYCO I(PTMU) RCL 99-00 -15 LEI - r (Res. of Int. to SE) RCL 66 -67 -14 P ;CL 99 -00 -15 (Res of Int to SE) (D w RCL 56 -57 -93 PTMU RCL s. of Int. to SE) RCL 57 93 5 W m RCL 86 -87 -22 RCL 99 -00 -15 :CL 56 -57 -93 CUP 1371 J CUP 2005 -04975 (Res. of Int. to SE) CUP 447 S CUP447 S J T -CU 200 5 -0 50 01 RUL 59606 IND. FIRM VAR2%1 O ESP 2005 -00005 (Res oflntentto MR) ___ _ _____ RFTA __ LTIL U DAG 200600005 RCL 56 -57 -93 CUP 2883 VAR 2466 ---- - - - - -- ---- - - - - -- CUP 1111 1(PTMU) VA ANT (PTMU) RCL 99 -00 -15 Q _ 9- 99 -00-15 (Res of Int. to SE) H to SE RCL 66 -67 -14 of RCL 56 -57 -93 (f) 56 -57 -93 CUP 2003 -04721 PARKING 1P 447 S CUP 447 S VD. FIRM SMALL IND_ FIRMS PR (PTMU) RCL 99 -00-15 (Res. of Int. to SE) I (PTMU) RCL 99 -00-15 (Res. of Int. to SE) RCL 56 -57 -93 - ALL — .9 PROPERTIES ARE IN THE PTMU (PLATINUM TRIANGLE MIXED USE) OVERLAY ZONE. Conditional Use Permit No. 2005 -04975 ® Subject Property TRACKING NO. CUP2005 -05001 Date June 27, 2005 Tentative Tract Map No. 16825 Development Agreement No. 2005 -00005 Scale 1"=200' Requested By JOHN STANEK Q.S. No. 118 REQUEST FOR REVIEW OF REVISED ELEVATION AND LANDSCAPE PLANS FOR CONDITIONAL USE PERMIT NO. 2005 -04975 TO CONSTRUCT A 265 -UNIT RESIDENTIAL CONDOMINIUM PROJECT. 1818 South State College Boulevard 1908 Staff Report to the Planning Commission June 27, 2005 Item No. 1 -A 1 -A. REPORTS AND RECOMMENDATIONS a. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 129 (PREVIOUSLY - APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2005 -04975 - REQUEST FOR (Motion) REVIEW OF REVISED PLANS c. TENTATIVE TRACT MAP NO. 16825 d. DEVELOPMENT AGREEMENT NO. 2005 -00005 (Tracking No. CUP2005- 05001) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 3.1 acre property is located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (1818 South State College Boulevard - Platinum Centre Condominiums). REQUEST (2) The applicant requests final elevation and landscape plan review for Conditional Use Permit No. 2005 -04975 to construct a 265 -unit residential condominium project- BACKGROUND (3) This property is currently developed with an office building and is zoned I (PTMU) and O -L (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay and Low Intensity Office; Platinum Triangle Mixed Use Overlay). The Anaheim General Plan designates this property as well as properties to the north (across Katella Avenue), east, south and west (across State College Boulevard) for Mixed Use land uses. The PTMLUP further indicates the property is located in the Katella District of the PTMU Overlay. (4) Conditional Use Permit No. 2005 -04975 (to modify the required setbacks adjacent to State College Boulevard and the proposed private street to construct a 265 -unit condominium complex) was approved by the Planning Commission on June 1, 2005. Condition No. 39 of Resolution No. PC2005 -83 requires the following: "39. That the applicant shall submit enhanced building /architectural plans for review and approval by the Planning Commission as a "Reports and Recommendations" item prior to City Council action on Development Agreement No. 2005 - 00005, Tentative Tract Map No. 16825 and Conditional Use Permit No. 2005 - 04975" SR(RR) -C UP2005 -04975 akv.d cc Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 1 -A DISCUSSION: (5) The applicant requests final elevation and landscape plan review by the Commission for the proposed 265 -unit condominium project as required by the Commission at the June 1, 2005 meeting. (6) The revised elevation plans (Sheets A9 and A10) indicate the condominium building would be a contemporary design that incorporates quality architectural elements such as a built - up parapet roof with canopy accents and painted smooth - textured stucco. Architectural features include deeply recessed windows, metal canopies, decorative wrought iron railings and gates, stone veneer, Hardi siding* and roof and window trim. The Commission suggested that the building be further enhanced on the north and east elevations facing the McDonalds site in order to create a visual statement at the corners of the building. In order to achieve this goal, the plans indicate that the units facing the north elevation have been reconfigured to include larger windows facing the intersection. The corners of the building would be treated with wrap- around metal canopies, Hardi siding and sandstone that extends to the second -story. * Hardi siding- siding that is made with cement fiber and designed with wood grain (7) The Commission also provided feedback on the main pedestrian entrance along State College Boulevard. The enlarged plan of the entrance elevation (Sheets A2, A3 and A16) indicates a grand, two -story entrance that is off -set from the building wall plane by six (6) feet. The entrance is treated with sandstone and Hardi siding. The entrance would contain large windows and a metal canopy. Enhanced paving and landscape elements would provide interest at the pedestrian level. The interior of the lobby would include a grand stairway to the second -story mezzanine. The mezzanine would be utilized as a common recreation area with a theater, billiard room, clubroom, and library. (8) The applicant also requests final landscape plan review and approval. Colored landscaped plans and enlarged section drawings (Sheets L -1.0, L -1.2 and L -1.3) of the podium level were provided to the Commission depicting the proposed interior and exterior landscaping and common amenities. The PTMU Overlay requires all courtyard and outdoor recreation area landscaping to be provided at a 1 to 1 ratio to the hardscape. The applicant has proposed 17,886 square feet of landscaping (51 percent) and 17,054 square feet of hardscape (49 percent) in compliance with Code. The hardscape would be enhanced, decorative paving. The recreation area exhibit indicates that the outdoor common area would include a lap pool and spa with a decorative wall, raised planters, an outdoor entertainment terrace with a firepit and furniture and a fountain with "spitters" and a decorative art wall. The elevations and landscape sections also provide details of the perimeter block wall depicting a masonry wall with a light sand finish, screed lines, clinging vines and core holes through the block to allow of the vines to grow on both sides of the wall. (9) The revised plans associated with the project depict a high - quality multiple - family development that incorporates a variety of rooflines, prominent entry features, and Page 2 Staff Report to the Planning Commission June 27, 2005 Item No. 1 -A numerous architectural details and materials. Staff feels that the podium level amenities and landscaping provide a livable, useable and aesthetically pleasing common space for the condominium residents. Therefore, staff recommends that the Commission approve the revised plans. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the request for a review of revised elevation and landscape plans and the previously approved Mitigated Negative Declaration and finds that there are no changes to the originally approved permit that would result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Mitigated Negative Declaration serve as the required environmental documentation for this request upon a finding that the declaration reflects the independent judgment of the Commission and that based upon any public testimony or information received at the public meeting, that there is no substantial evidence that the request will have a significant adverse impact on the environment- RECOMMENDATION (11) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting that the Commission take the following actions: (a) By motion, determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for this request. (b) By motion, approve the revised elevation and landscape plans as proposed and recommended by staff. Page 3 June 27, 2005 US Southeast Corporation 1818 S. State College Blvd., Suite 200 Anaheim, CA 92806 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of June 27, 2005. 1. REPORTS AND RECOMMENDATIONS A. (a) CEQA Mitigated Negative Declaration and Mitigation Monitoring Plan No. 129 (b) Conditional Use Permit No. 2005 -04975 (c) Tentative Tract Mai) No. 16825 (d) Develoi)ment Agreement No. 2005-00005 (Readvertised) Owner: US Southeast Corporation 1818 S. State College Blvd., Suite 200 Anaheim, CA 92806 Agent: John Stanek, Integral Partners 160 Newport Center Drive, Suite 240 Newport Beach, CA 92660 Location: 1818 South State College Boulevard Property is approximately 3.1 acres, located south and east of the southeast corner of State College Boulevard and Katella Avenue, having a frontage of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (Platinum Centre Condominiums). Request for review of revised elevation and landscape plans for Final Site Plan No. 2005.00005 to construct a 265 -unit residential condominium project. ACTION Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the previously- approved Mitigated Negative Declaration is adequate to serve as the required environmental documentation for the subject request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the revised elevations and landscaping plans for the previously- approved 265 -unit condominium project because the plans incorporate suggestions made by the Commission at the June 1, 2005 public hearing regarding the architecture and landscaping; and, further, that the plans satisfy Commission's objective for a quality building that incorporates rich materials, articulation and dense landscaping. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission Exc(rr) -cu p2005- 04975. dm Attachment - R&R 1-A RESOLUTION NO. PC2005-83 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005-04975 BE GRANTED " WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, - described as: PARCEL 1: PARCELS A AND B, AS SHOWN ON A MAP FILED IN BOOK 22, PAGE 32 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: AN EASEMENT 8.34 FEET IN WIDTH FOR INGRESS AND EGRESS OVER THAT PORTION OF LOT 5 OF TRACT NO. 71, AS SHOWN ON A MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTH LINE OF SAID EASEMENT BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE CENTERLINE OF THE 60 FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71 (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE BLVD.) SAID POLNT BEING 280.34 FEET SOUTH, (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAIp LOT 5, 250 FEET. EXCEPTING THEREFROM THAT PORTION INCLUDED WITHIN SAID 60 FOOT ROAD AS SHOWN ON THE MAP OF SAID TRACT NO. 71. PARCEL 3: .PARCEL 2, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 12 OF PARCEL MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL 4: AN EASEMENT FOR INGRESS AND EGRESS OVER THE !NORTHERLY 16.66 FEET OF THE SOUTHERLY 258.14 FEET OF THE WESTERLY 220.00 FEET OF THE FOLLOWING DESCRIBED LAND:. THOSE PORTIONS OF LOTS 4 AND 5 OF TRACT NO. 71, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF SAID ORANGE COUNTY, CALIFORNIA., DESCRIBED AS FOLLOWS:. BEGINNING AT A POINT ON THE CENTERLINE OF THE 60-FOOT ROAD AS SHOWN ON- THE MAP OF TRACT NO. 71, (SAID ROAD BEING NOW KNOWN AS STATE COLLEGE. BOULEVARD), SAID POINT BEING 280.34 FEET SOUTH (MEASURED ALONG SAID CENTERLINE) FROM THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST, PARALLEL WITH THE SOUTH LINE OF SAID LOT 5, 250 FEET; THENCE NORTH 0 DEGREES OS' 00" WEST 28.34 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 54.00 FEET; THENCE NORTH 0 DEGREES 08' 00" WEST 36.00 FEET; THENCE SOUTH 89 DEGREES 59' 16" EAST 26.OD FEET; THENCE NORTH 0 DEGREES OS' 00" WEST 216.11 FEET TO THE NORTHERLY LINE OF SAID LOT 5, BEING ALSO A POINT IN THE CENTERLINE OF THE STREET DESCRIBED IN THE FINAL ORDER OF CONDEMNATION FILED JULY 8, 1960 AND RECORDED IN BOOK 5321, PAGE 397 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE EAST ALONG SAID LAST MENTIONED CENTERLINE TO THE EAST LINE OF THE LAND CONVEYED IN DEED TO W. H. JEWETT, RECORDED SEPTEMBER 1, 1960 IN BOOK 5400, PAGE 238 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; C r\PC2005-083 -1- PC2005-83 Attachment - R&R 1-A THENCE SOUTH ALONG SAID EAST LINE TO THE SOUTHEAST CORNER THEREOF; THENCE WEST ALONG THE SOUTH LINE OF SAID JEWETT'S LAND AND THE WESTERLY PROLONGATION, TO THE CENTERLINE OF STATE COLLEGE BOULEVARD; THENCE NORTH ALONG SAID CENTERLINE TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION INCLUDED WITHIN SAID 60-FOOT ROAD AS SHOWN ON THE MAP OF TRACT NO. 71. PARCEL 5: THAT PORTION OF LOTS OF TRACT NO. 71 AS PER MAP RECORDED IN BOOK 10, PAGE 22 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER LINE OF PLACENTA AVENUE, WHICH POINT IS 217 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 25, TOWNSHIP 4 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE SOUTH ALONG THE CENTER OF SAID PLACENTA AVENUE, 55 FEET; THENCE EAST, .PARALLEL WITH THE SOUTH BOUNDARY LINE OF LOT 5 TRACT NO. 71, A DISTANCE OF 154 FEET; THENCE NORTH, PARALLEL WITH SAID CENTERLINE OF PLACENTA AVENUE, 55 FEET; THENCE WEST, PARALLEL WITH THE SOUTH BOUNDARY LINE OF SAID LOT 5, A DISTANCE OF 154 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM, THAT PORTION LYING WITHIN PLACENTA AVENUE, SHOWN AS A 60.00-FOOT STREET ON SAID MAP, ADJOINING SAID LOT 5 ON THE WEST.. APN: 232-021-07, 232-021-10 and 231-021-11 WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 1, 2005 at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed modification to required setbacks is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.20.090.050. 2. That the proposed use will not adversely affect the adjoining lahd uses or the growth and development of the area in which it is proposed to be located because the proposed project is compatible with existing and surrounding land uses and that the minor deviations from the Code would still achieve a project with .architecturally enhanced elevations and layered landscaping, and further provide a project that is compatible and consistent with the General Plan Mixed-Use land use designation and The Platinum Triangle Master Land Use Plan {PTMLUP). 3. That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to health and safety. 4. That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area as the proposed project has been analyzed in a Traffic Impact Study dated March, 2005, reviewed and approved by the City Traffic and Transportation Manager and that the required infrastructure improvements along the adjacent streets will be constructed in connection with the project 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. -2- PC2005-83 Attachment - R&R 1-A 8. That no one indicated their presence at said public hearing to opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim Planning Commission has reviewed the Development Agreement in conjunction with the proposed Conditional. Use Permit No. 2005-04975 and Tentative Tract Map No. TTM 16825; and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement and Conditional Use Permit, and the requirements of CEQA, jncluding Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation Monitoring Program No. 129, are adequate to serve as the required environmental documentation for thts Development Agreement and Conditional Use Permit and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim; 1. That this Conditional Use Permit is granted subject to adoption of Development Agreement No. 2005-00005 and Tentative Tract Map No. 16825, now pending. 2. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim an easement for a domestic above-ground water meter in addition to providing a 5-foot wide clearance around the water meter pad and a 10-foot wide access easement along the water line from the street to the water meter pad for maintenance. 3. 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. 4. 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. Any backflow assemblies currently installed in a vault shall be brought up to current standards.. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Divisiorn in either underground vaults or outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 5. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonments of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 6. That prior to submitting. the water improvement plans, the property owner/developer shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on-site water system to meet the project's water demands and fire protection requirements.. 7. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, the property owner/developer shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour -3- PC2005-83 Attachment - R&R 1-A 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. 8. That individual water service and/or fire line connections shall be required for each parcel and/or residential and commercial unit per Rule 18 of the City of Anaheim's Water Rates, Rules and Regulations. 9. That because this project has a landscaping area exceeding 2,500 square feet, 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. 10. That signs shall be posted indicating no on-street parking shall be allowed on the adjacent streets except where designated turn-out areas are provided for loading and unloading. Such signs shall be shown on plans submitted for the review and approval of the City Traffic and Transportation Manager. 11. That trash storage areas and trash chutes shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with exhibits approved in conjunction with this Conditional Use Permit, on file with the Planning Department. Said information shall be specifically shown on plans submitted for building permits. 12. That the legal property owner shall provide the City of Anaheim with an easement for electrical service lines to be determined as electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 13. That an on-site trash truck turn-around area shall be provided per Engineering Standard Detail No. 476 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn-around area shall be specifically shown on plans submitted for building permits. 14. That the proposed development shall operate in accordance with the written solid waste management plan signed by the project applicant, Integral Partners. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both the property owner and the City of Anaheim Director of Public Works. 15. That any required relocation of City electrical facilities shall be at the property owner/developer's expense. Landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall be shown on plans submitted for building permits. 16. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailroom on the second level of the parking structure to the satisfaction of the Anaheim Police Department. CCTV. cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 17. That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 18. That 4-foot high address numbers shall be displayed flat on the roof in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said -4- PC2005-83 Attachment- R&R 1-A information shall be specifically shown on plans submitted for Police Department, Community Services Division approval 19. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. Said information shall be specifically shown on plans submitted for building permits. 20, That adequate lighting on all levels of the parking structure, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on-site. Said information shall be specifically shown on plans submitted for building permits.. 21. That decorative french doors acceptable to the Planning Services Division shall be provided on all patio (ground-floor) doors. Said information shall be specifically shown on plans submitted for building permits. 22. That all air conditioning facilities and other roof and ground mounted equipment shall be properly shielded from view. Said information shall be specifically shown on the plans submitted for building permits. 23. 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. Said information shall be specifically shown on the plans submitted for building permits. 24. That the property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24) hours from time of occurrence. 25. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 26. That the property owner/developer shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Program No. 129 as established by the City of Anaheim and as required by Section 21081,6 of the Public Resources Code to ensure implementation of those identified mitigation measures. 27. That signage for this project shall be limited to that shown on the approved Conditional Use Permit exhibits submitted by the project applicant, on file in the Planning Department. Any additional signage shall be subject to .approval by the Planning Director. 28. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 29. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471, 472, 473 and 475 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. -5- PC2005-83 Attachment - R&R 1-A 30. That all driveways to the project site shall be constructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 115. Said information shall be specifics ly shown on plans submitted for building permits. 31. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 32. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or wall/fence locations. Said information shall be specifically shown on plans submitted for building permits. 33. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 34. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 35. That all above-ground utility devices shall be located on private property and outside any required street setback area. Said information shall be shown on plans submitted for the first building permits. 36. That subject property shall be developed 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 Nos. 1 through 24, and as conditioned herein. 37. That prior to issuance of the first building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 7, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 27, 28, 29, 30, 32, 33, 34 and 35, above-mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 38. That prior to final building and zoning inspections, Condition No. 36, above-mentioned, shall be complied with. 39. That the applicant shall submit enhanced building/architectural plans for review and approval by the Planning Commission as a "Reports and Recommendations" item prior to City Council action on Development Agreement No. 2005-00005, Tentative Tract Map No. 16825 and Conditional Use Permit No. 2005-04975. 40. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State .and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the prdperty owner/developer is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. -6- PC2005-83 Attachment - R&R 1-A THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of _ _ June 1, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 1, 2005, by the following vote of the members thereof: AYES:: COMMISSIONERS: BUFFA, EASTMAN, KARAKI, PEREZ, VELASOUEZ NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: FLORES VACANT: COMMISSIONERS: ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this day of .2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -T- PC2005-83 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 2a. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 129 (Motion) 2b. CONDITIONAL USE PERMIT NO. 2005 -04975 (READVERTISED) (Resolution) 2c. TENTATIVE TRACT MAP NO. 16825 (Motion) 2d. DEVELOPMENT AGREEMENT NO. 2005 -00005 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 3.1 acre property is located south and east of the southeast corner of State College Boulevard and Katella Avenue with frontages of 327 feet on the east side of State College Boulevard and 105 feet on the south side of Katella Avenue (1818 South State College Boulevard - Platinum Centre Condominiums). REQUEST: (2) The applicant requests approval of the following: Conditional Use Permit No. 2005 -04975 —to modify the required setbacks adjacent to State College Boulevard and the proposed private street under authority of Code Section No. 1820.090.050. Tentative Tract Map No. 16825 to establish a 1 -lot, 265 -unit airspace attached residential condominium subdivision. Development Agreement No. 2005 -00005 - to recommend City Council adoption of a Development Agreement between the City of Anaheim and U.S. Southeast Corporation for the Platinum Centre Condominium Project (to construct a 265 -unit condominium complex). The Planning Commission's role is to review the land use aspects of the Agreement, specifically to determine if the eligibility criteria has been met, if the Agreement is consistent with the General Plan and if the project implemented by the Agreement is compatible with the development of the surrounding area. The City Council will consider approval of the Agreement- BACKGROUND (3) This item was continued from the May 2, 2005, Planning Commission meeting in order to readvertise the project to include the requested setback modification along the private street. (4) On August 17, 2004, the City Council approved the Platinum Triangle Master Land Use Plan (PTMLUP) to carry out the goals and policies of the General Plan for The Platinum Triangle including serving as a blueprint for future development and street improvements. The City Council also adopted the Platinum Triangle Mixed Use (PTMU) Overlay Zone (Chapter 1820 of the Anaheim Municipal Code) and an associated standardized Platinum Triangle Development Agreement. The PTMU Overlay Zone encompasses approximately 375 acres and five Districts (the Katella, Gene Autry, Gateway, Arena and Stadium Districts) within The Platinum Triangle, as depicted on the PTMLUP. The PTMU Overlay Zone provides opportunities for high quality well- designed development projects that could be stand -alone residential projects or combined with non - residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. Properties encompassed by the PTMU Overlay Zone can be operated, developed or expanded under their existing underlying zone or, if the property owner chooses, developed under the PTMU Overlay Zone standards. Ordinances adopting the PTMU Overlay Zone requirements and reclassifying certain properties to the Page 1 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 PTMU Overlay Zone (those properties designated for Mixed Uses by the General Plan) were finalized on September 23, 2004. (5) This property is currently developed with an office building and is zoned I (PTMU) and O -L (PTMU) (Industrial; Platinum Triangle Mixed Use Overlay and Low Intensity Office; Platinum Triangle Mixed Use Overlay). The Anaheim General Plan designates this property as well as properties to the north (across Katella Avenue), east, south and west (across State College Boulevard) for Mixed Use land uses. The PTMLUP further indicates the property is located in the Katella District of the PTMU Overlay. A M e46 Existing office building on State College Blvd. (to be demolished) DEVELOPMENT PROPOSAL: (6) The applicant proposes to construct a 5- story, 265 -unit condominium project in a "podium" style building with residential units located above a partially subterranean parking structure. The project would also include construction of a 26 -foot wide private street with sidewalks and parkways that would be shared with a future mixed -use development to the east. The private street would be utilized for secondary tenant access, fire access, moving plazas, and sanitation access. (7) The tentative tract map indicates the subdivision would consist of a 1 -lot, 265 -unit airspace, residential subdivision for condominium purposes. (8) The site plan (Exhibit No. 1) indicates the condominium subdivision would contain one (1) airspace, residential lot developed with one (1) podium style building. The building would meet Code requirements for minimum floor area, lot coverage and setbacks with the exception of the requested setback modifications along State College Boulevard and the private street. Page 2 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 (9) Floor plans (Exhibit Nos. 2, 3, 4, 5, 6, 10 and 11) indicate 1 and 2- bedroom condominium residences ranging from 651 to 1226 square feet. The units would provide kitchens, entry areas, great rooms, storage areas and private balconies. The sizes and interior features of the units are in compliance with the PTMU Overlay Zone. (10) Primary access to the project would be via State College Boulevard. A secondary access would be provided from a newly constructed private street from Katella Avenue terminating as a cul -de -sac at the southeast side of the property. The private street meets the City standards and includes a 5 -foot wide sidewalk, 5 -foot wide parkway and enhanced asphalt to create a cobblestone finish. The structured parking would be partially subterranean and at- grade. The project would provide 533 parking spaces with 112 spaces at ground level and 421 subterranean spaces. No on- street parking would be allowed on the private street or along the project frontage on Katella Avenue or State College Boulevard. The total number of spaces would exceed the 450 parking spaces required by Code. Two (2) moving plazas, designated with a painted curb, would be provided within the private street. (11) The applicants Solid Waste Management Plan indicates that a trash loading and staging area would be located at the terminus of the cul -de -sac. Four (4) separate enclosure areas would be located within the ground level parking area in order to store the refuse dropped down the chutes. A porter would monitor the trash levels throughout the day and vehicle designated for towing the trash bins to the pick -up area would be located on-site- (12) The elevation plans (Exhibit Nos. 8 and 9) indicate the building would be a contemporary design that incorporates quality architectural elements such as a built -up parapet roof with canopy accents and painted smooth - textured stucco. Architectural features include deeply recessed windows, metal canopies, decorative wrought iron railings and gates, stone veneer and roof and window trim. The building would be a maximum of 57 feet high. Code permits buildings within the Katella District up to 100 feet high. Rendering of building from State College Boulevard (13) The landscape plans (Exhibit Nos-15 and 16) provide depictions of the project's common amenities such as a recreation area with a pool and spa, restrooms, raised planters, outdoor furniture and cabanas, an entertainment terrace with enhanced paving, a fountain, fire pit, raised planters and outdoor furniture for seating; and a common lobby with enhanced paving, raised planters and seating. Yes, it's an open -air, lobby with planters and paving. Three (3) additional courtyard areas would be located throughout the project. Page 3 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 The landscape palette includes a variety of trees, shrubs and groundcover, in compliance with the landscape requirements of the PTMU Overlay Zone and the PTMLUP. (14) Project construction is anticipated to commence the Summer of 2006, and be completed by the Fall of 2007. The construction phase would begin with the demolition of the existing office building. This phase is anticipated to last four (4) weeks. Materials generated from demolition would be removed from the site and transported to an appropriate waste disposal facility. Grading would begin after demolition and would be completed in approximately five (5) weeks. The actual building construction is expected to be complete in approximately 2 years. CONDITIONAL USE PERMIT NO. 2004 -04975 DISCUSSION: (15) Code Section No. 18.20.090.050 of the PTMU Overlay Zone allows modification of setbacks when minimum landscape requirements are met, subject to the approval of a conditional use permit. The applicant requests modification of setbacks in accordance with the following table: Property line Required Permitted Proposed Type of adjacent to: Setback Encroachments Setback encroachment State College Ground floor units Boulevard 16 feet None listed 10 feet and private patios Private patios: Ground floor units Private Street 10 feet 7 feet 0 feet and private patios (16) The requested setback modification on State College Boulevard is necessary to accommodate a right -turn lane. Code requires a minimum front yard setback of 16 feet and the site plan indicates a proposed setback of 10 feet to the ultimate right -of -way for a segment of the setback. Sixteen feet of landscaping (partially installed within the public right -of -way) is proposed in compliance with Code. In order to comply with City standards for the new private street, the units along the east side of the building would encroach into the required setback. This is a secondary access for residents and is designed primarily to accommodate trash and moving truck access, and to comply with life safety requirements on the east side of the building. The private street would be developed with a landscaped parkway and sidewalk that would provide an adequate buffer between the street and the ground floor units. The building is designed with landscaped pockets interspersed between the patios. The patio walls would be faced with decorative stone to provide a high level of architectural finish where the project meets the private street. DEVELOPMENT AGREEMENT NO. 2005 -00005 DISCUSSION: (17) In 1982, the Legislature of the State of California adopted Section 65864, et. Seq. of the California Government Code authorizing a city and an applicant for a development project to enter into a development agreement, permitting cities to contract with property owner /developers for their mutual benefit in a manner not otherwise available to the parties. A development agreement is a contract for development which provides a property owner /developer a vested right to proceed with an approved development, "freezing" the entitlement along with established regulations and fees, in exchange for the City obtaining benefits over and above what would otherwise be required by existing regulations and ordinances. (18) On November 23, 1982, the City enacted Ordinance No. 4377 making the City subject to the Statute and adopted Resolution No. 82R -565 (Procedures Resolution) establishing procedures and requirements for the consideration of Development Agreements upon Page 4 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 receipt of an application by the City. On August 17, 2004, the City Council adopted Resolution No. 2004 -179 approving the form of the standardized Platinum Triangle Development Agreement to implement projects in the PTMU Overlay Zone. The Agreement is intended to provide the property owner /developer with a maximum amount of flexibility while ensuring development and maintenance of high quality projects that carry out the vision for The Platinum Triangle. (19) Pursuant to the Procedures Resolution, the Planning Commission is required to make a recommendation to the City Council relative to the proposed Development Agreement. The Planning Commission must determine whether the applicant has demonstrated eligibility to enter into the Development Agreement by finding the project satisfies one or more of the eligibility requirements set forth below: (a) That the project shall occupy at least 50 acres; or (b) That, upon completion, the project shall result in the construction of at least 250 dwelling units, 250,000 square feet of commercial -office space, or 250,000 square feet of industrial space; or (c) That the project will be constructed in phases over an anticipated period of not less than 5 years; or (d) That a project shall be eligible if the Planning Director finds that the public health, safety or general welfare of the citizens of Anaheim will best be served by accepting an application for consideration by the Planning Commission and City Council. The Commission must also determine whether the proposed Agreement is consistent with the General Plan, compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, compatible with the orderly development of property in the surrounding area; and not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim. (20) Staff has reviewed the proposed Development Agreement and finds that the Agreement has been prepared in conformance with the form of the standardized Platinum Triangle Development Agreement approved per Resolution No. 2004 -179. Further, the applicant has demonstrated eligibility to enter into the Agreement since the project will result in the construction of 265 residential dwelling units, which is consistent with and implements the goals and policies of the General Plan Mixed Use land use designation for The Platinum Triangle and the PTMLUP by providing for a high - quality residential project. (21) The plans associated with the project depict a high - quality multiple - family development that incorporates a variety of rooflines, prominent entry features, and numerous architectural details with common and semi - private open space enhanced by landscaping, decorative paving treatments, low patio walls and detailed wrought iron fencing. Further, in approving the Final Site Plan for the Platinum Centre Residential Project, the Planning Director determined that the Final Site Plan was consistent with the PTMU Overlay Zone requirements, subject to approval of Conditional Use Permit No. 2005 - 04975, Tentative Tract Map No. 16825 and Development Agreement No. 2005 - 00005. Page 5 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 ENVIRONMENTAL IMPACT ANALYSIS: (22) On May 25, 2004, the City Council certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle) (FEIR No. 330) under Resolution No. 2004- 04, in conjunction with the consideration and adoption of the citywide General Plan and Zoning Code Update Program and a series of related actions. (23) On August 24, 2004, the City Council determined that the previously certified FEIR No. 330 was adequate to serve as the environmental documentation for the PTMLUP, the PTMU Overlay Zone, the form of the standardized Platinum Triangle Development Agreement and other related reclassification actions. It was also determined that future individual development projects and infrastructure improvements which are proposed to implement the PTMLUP and the PTMU Overlay Zone would require further environmental review and analysis of potential site specific environmental impacts in conjunction with the processing of discretionary applications. Work has commenced on the preparation of a Subsequent EIR to provide additional environmental documentation for these requests (it is anticipated that this will be completed by summer of this year). Projects that precede certification of the Subsequent EIR require independent environmental review and documentation. (24) A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was circulated to public agencies and interested parties on April 12, 2005, for a 20 -day review period. The NO[ and associated Initial Study outlined the environmental issues to be addressed in Mitigation Monitoring Plan No. 129, including: AestheticsNisual, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Noise, Transportation/Traffic, Utilities /Service Systems, and Cumulative Impacts. (25) Staff has reviewed the Initial Study for the proposed project, a copy of which has been provided to the Planning Commission and is available for review in the Planning Department, and finds that with the incorporation of mitigation measures set forth in Mitigation Monitoring Program No. 129, no significant environmental impacts that cannot be mitigated to a level of significance would result from the proposed project and therefore, recommends that a Mitigated Negative Declaration be approved upon a finding by the Planning Commission that the Mitigated Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment- EVALUATION (26) Development in the PTMU Overlay Zone is implemented through the administrative processing of a final site plan (to show compliance with the Code) and entering into the standardized development agreement with the City. The Code requires the final site plan to be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMLUP and the PTMU Overlay Zone. Once approved, the final site plan is incorporated into the Development Agreement as an exhibit. The Code additionally states that if the final site plan includes a request for a variance or a conditional use permit that said applications shall be processed concurrently with the Development Agreement. (27) The applicant submitted Final Site Plan No. 2005 -00005 to provide for the development of the Platinum Centre residential project. Based upon a review of the plans and in Page 6 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 accordance with the authority set forth in Section 1820.170 (Implementation) of the Anaheim Municipal Code, on May 26, 2005, the Planning Director approved Final Site Plan No. 2005 - 00005, subject to the approval of Conditional Use Permit No. 2005 - 04975, Tentative Tract Map No 16825 and Development Agreement No. 2005 - 00005. This approval was based upon the determination that the Final Site Plan No. 2005 -00005 is in conformance with the provisions of the PTMLUP and the PTMU Overlay Zone. The approved Final Site Plan is attached as Exhibit "B" to the Development Agreement. Following is a summary of the approved Final Site Plan: FINDINGS: (28) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the 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, (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. (29) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Page 7 PTMU Overlay Development Standard Proposed Project Zone Standards Site Area 3.11 acres N/A Minimum 50 units Number of Dwelling Units /Acre 85 units /acre required and (265 total units) maximum of 100 du /acre Building Area 360,305 s.f. Parking Structure Area 194,063 s.f. N/A Total Building and Parking 554,368 s.f. Area Lot Coverage 58% Maximum 75% Height 57 feet Maximum100 feet Minimum 200 s.f. Recreation /Leisure Area 56,200 s.f total per unit 212 s.f. per unit FINDINGS: (28) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) That the 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, (c) That the size and shape of the site for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. (29) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Page 7 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision." RECOMMENDATION: (30) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing and the findings included in the attached resolutions, the Planning Commission take the following actions: (a) By motion recommend that the City Council, as lead agency for Conditional Use Permit No. 2005 - 04975, Tentative Tract Map No. 16825 and Development Agreement No. 2005 -00005 (the "Proposed Actions "), based upon its independent review and analysis of the Initial Study prepared for the Proposed Actions, pursuant to CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, unless additional information or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Actions, together with Mitigation Monitoring Program No. 129, are adequate to serve as the required environmental documentation for the Proposed Actions and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared. (b) Approve Conditional Use Permit No. 2005 -04975 based on the findings contained in the attached resolution. (c) By resolution based on the findings contained therein, recommend to the City Council that the applicant has demonstrated eligibility to enter into the Development Agreement; that the Agreement meets the criteria set forth in the PTMU Overlay and Page 8 Item No. 1 -A Staff Report to the Planning Commission June 1, 2005 Item No. 2 the standardized Development Agreement language adopted in conjunction with Resolution No. 2004 -179; and, that Development Agreement No. 2005 -00005 be approved and entered into by the City of Anaheim and U.S. Southeast Corporation. (d) By motion approve Tentative Tract Map No. 16825, to establish a 1 -lot, 265 -unit, airspace, attached residential condominium subdivision. Page 9 ITEM NO. 1 -A T -CUP 2001 -04344 CUP 3159 d' H- CUP 2469 PARKING LOT Z p MOTEL& RESTAURANT w 1n } C -G 7 Z RCL 98 -99 -11 0- RCL 57 -58 -35 J AREA NO.4 CUP 3267 Q C1 (LOCAL BUSINESS) 2 VAR 648 U U RCL 2005 -00147 O CUP 3159 ?MEDICAL OFFICE STONYBROOK DRIVE I w � c -c AREA NO. 4 O RCL 96 -99 -11 C7 (LOCAL BUSINESS) U RCL 58 -59 -111 FT-F-FFT-FTT- RCL 2005 -00147 U OFFICE BLDG ANAHEIM CITY LIMITS RCL -99-11 C -G RM-4 RCL 58-59-34 RCL 98 -99 -11 RCL 57 -58 -26 RCL 67 -68 -86 APARTMENTS CUP 3145 RCL 62-63 -113 I I SHOPS 8 RCL 54 -55 -7 COCKTAIL LOUNGE T -CUP 2004 -04937 120' COLCHESTER DRIVE CUP 200404868 f C -G CUP 2317 RCL98 -99-11 CUP 2181 RM -4 �o�iry RCL 58 -59-34 CUP 1977 RCL 58 -59 -34 mmmm`� RCL 57 -58-26 VAR 1918 RCL 57 -58-26 w U' o5mr' �° CUP 3866 W BALLHURST PLAZ APARTMENTS d' C -G U�» GOODYEAR LL SHOPPING CENTE �oRCL 98 -99 -11 UUUUU >Z- m RCL 57 -58 -26 ��� C-G Z T -CUP 2005-05006 RCL 98 -99 -11 CUP 2005 -04983 RCL 58 -59-34 RCUP2005 -04960 RCL 57 -58 -26 O CUP 3649 CUP 2961 (n BROOKMORE O CUP 1662 CUP 1354 SHOPS APARTMENTS AVE. VANCOUVER DRIVE CUP 1620 VAR 1494 2 Y G -L \ / 2 RCL 98 -99 -11 O 1 1 I O RCL63 -64108 I I I I �m ° gmQC� O N RCL62- 63-113 I I Ipl omo�o° > BANK I I RM ITI yam 2 m Il 1 a 1 RCL 78 -79-45 I w 1 d o W IZI R CUP 982 54-554 1v1 U � RCL9 9P11 121 CUP 1220 1C)I W m RCUP2957 101 60 D.U. CONDO 1 w I 1p1 1F1 0 SANOWI H I I 1� 1 C_O U c-G I 1 CUP 3980 —M RCL % -11 ._________% �_ ____i L_____ CUP 2003 -04768 RESTAURAST cG BCC OVERLAY ZONE RCL 999 -11 GUP 14 C - C - G RCL 54-557 VACAN VAR 2005 C_G VAR 1211 S c-G CUP 200 3-04768 RCL 98-99-11 BROOKHURST SHOPPING RGL 5456 POST OFFICE CENTER RCL 5455-40 TLUP 2002-04314 CUP 2003 -04768 T -VAR mm 0451E CUP 2002 -04529 VAR 4363 WAL REENS_ Conditional Use Permit No. 2005 -04960 Subject Property TRACKING NO. CUP2005 -05006 Date: June 27, 2005 Scale: 1"=200' Requested By: JUAN CASTRO Q.S. No. 34 TO INITIATE CONSIDERATION OF THE REVOCATION OR MODIFICATION OF CONDITIONAL USE PERMIT NO. 2005 -04960 (TO PERMIT AND RETAIN AN EXISTING CHURCH IN CONJUNCTION WITH A COMMERCIAL RETAIL CENTER). 2230 West Colchester Drive, Suites 1 -5 - Victory Outreach Church 1904 Staff Report to the Planning Commission June 27, 2005 Item No. 1 -13 ie:l■: 7g1i1: 4b1_101 oil :7xK61LIFAILLIg010LIVAW0 a. CEQA CATEGORICAL EXEMPTION — SECTION 15321 (Motion) b. CONDITIONAL USE PERMIT NO. 2005 -04960 - REQUEST TO INITIATE REVOCATION OR MODIFICATION PROCEEDINGS (Motion) (Tracking No. CUP2005- 05006) SITE LOCATION AND DESCRIPTION (1) This 0.87 acre property is located at the southwest corner of Colchester Drive and Colony Street, having frontage of 120 feet on the south side of Colchester Drive and 309 feet on the east side of Colony Street (2230 West Colchester Drive Suites 1 -5 - Victory Outreach Church). REQUEST: (2) This is a City- initiated request (direction from the Planning Commission) to consider the revocation or modification of Conditional Use Permit No. 2005 -04960 (to permit and retain an existing church in conjunction with a commercial retail center) under authority of Code Section 18.60200. BACKGROUND (3) This property is developed with an existing non - conforming commercial retail center, is zoned CG (BCC) (General Commercial — Brookhurst Commercial Corridor Overlay) and is located within the West Anaheim Commercial Corridors Project of the Merged Anaheim Redevelopment Area. The Anaheim General Plan designates this property and all surrounding properties except the property to the south for Medium Density Residential land uses. The property to the south is designated for Neighborhood Commercial land uses. (4) Conditional Use Permit No. 2005 -04960 (to permit and retain an existing church (Victory Outreach Church Suites 1 -5) within an existing non - conforming commercial retail center with waiver of minimum number of parking spaces) was approved by the Commission on March 21, 2005 for a period of two (2) years. (5) Conditional Use Permit No. 2004 -04861 (to permit and retain two existing churches, a narcotics anonymous meeting hall, and to establish land use conformity with the City's zoning code requirements for an existing non - conforming commercial retail center with waiver of minimum number of parking spaces) was withdrawn by the property owner's agent at the January 10, 2005, Commission meeting. S RC U P2005- 05006J P R. d oc Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 1 -B ENVIRONMENTAL IMPACT ANALYSIS: (6) This action involves the initiation of revocation and modification proceedings, which will be considered at a public hearing by the Planning Commission at a later date. Staff recommends that the Commission find the above listed action exempt under CEQA Categorical Exemption, Section 15321 (Enforcement Actions by Regulatory Agencies), which exempts projects involving enforcement actions on permits- DISCUSSION (7) Resolution No. PC2005 -41 contains the following Condition of Approval: 7. That the following items observed at staffs physical inspection on October 14, 2004, shall be addressed within a period of sixty (60) days. The appropriate permits shall be obtained for any necessary work as follows: • Provide address numbers on front of building. CFC Section 901.4.4 • The owner shall hire a licensed architect to 1) conduct a comprehensive facility investigation; 2) prepare accurate "as- built" plans to reflect the existing tenant improvements and obtain permits for items indicated below; 3) modify the plans in order to fully comply with the applicable codes; and 4) submit new "Tenant Improvement' plans for permits and inspections. • Interior walls constructed without permits. • Opening in masonry wall on south side of the tenant space requires review and approval. • Upgrade restrooms, exit doors, and new counter top for handicap accessibility. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, sewer cleanout at the middle of pavement, etc.) require permits. • Reduce the number of chairs in Victory Outreach (Units #1 -5) to 49. • Obtain approval of occupancy change from the Building Division (before occupancy may exceed 49). • The owner is required to hire a licensed architect to conduct a comprehensive facility investigation. A licensed architect shall prepare the plans because they involve "Assembly" occupancies (potential of increased risk for fire related injuries). • Change of Occupancy from B to A3 is required if occupancy exceeds 49." (8) Staff provided the Planning Commission an update at the preliminary study session on June 13, 2005, indicating that this condition had not been completed as specified (By May 20, 2005). At the conclusion of the meeting, the Commission directed staff to place the item on the next agenda in order to consider whether to initiate revocation or modification proceedings for this permit. (9) Section 18.60200 of the Zoning Code describes the process for modifying or revoking a permit. The process requires a motion of the Commission to initiate the proceedings. The item is then advertised for public hearing with notice provided to the applicant/permit holder ten days prior to the hearing. The Commission may consider whether to revoke or modify the permit on the basis of evidence and testimony submitted at the future public hearing and based on the following findings: Page 2 Staff Report to the Planning Commission June 27, 2005 Item No. 1 -13 (a) That the approval was obtained by fraud; or (b) That the use or variance for which such approval is granted is not being exercised within the time specified in such permit; or (c) That the use or variance for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six (6) consecutive months or more; or (d) That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or (e) That the use or variance for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; or (f) That the use or variance for which the approval was granted has not been exercised and that, based upon additional information or due to changed circumstances, the facts necessary to support one or more of the required findings for the original approval of such entitlement as set forth in this chapter no longer exist; or (g) That any such modification, including the imposition of any additional conditions, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation under the permit as granted. As part of the revocation /modification process, the Planning Commission may change conditions or add new conditions as necessary to correct problems or violations relating to the use. The Planning Commission may also modify conditions or add new conditions to preserve the integrity and character of the zoning district or to secure the general purposes of the zoning ordinance and the General Plan- RECOMMENDATION (10) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the meeting, the Commission take the following actions: (a) By motion, determine that this action is exempt under CEQA Categorical Exemption Section 15321. (b) By motion, initiate revocation or modification proceedings for Conditional Use Permit No. 2005 -04960 as authorized by Section 18.60200 of the Anaheim Municipal Code. Page 3 Attachment - R &R 1 -B RESOLUTION NO. PC2005 -41 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -04960 BE GRANTED (2230 WEST COLCHESTER DRIVE, SUITES 1 -5) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: LOTS 1, 2,3 AND 4 OF TRACT NO. 2701, AS PER MAP RECORDED IN BOOK 115, PAGES 5 AND 6 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on March 21, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Sections 18.08.030.040.0402 to permit and retain an existing church with waiver of the following: SECTIONS 18.42.040 Minimum number of parking spaces. AND 18.08.070 (213 required; 64 existing and proposed and recommended by the Traffic and Transportation Manager) 2. That the parking study indicates that peak parking demand for off - street parking spaces is substantially lower than the quantity provided for the uses on the site. 3. That the proposed project will not increase or compete for on- street parking because the parking lot has more than adequate parking to accommodate this church and other assembly and commercial tenants comprising this commercial center. 4. That the parking study indicates the property's parking area is sufficient to accommodate the demand of parking generated by this assembly use and other uses on the property and therefore would not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the site. 5. That the project will not cause increased traffic congestion within off - street parking areas of the site because, based on the applicant's parking study and staffs inspections, on -site parking is only 65 %- 70% occupied during peak parking demand periods during the week and 95% on the weekend. 6. That the on -site parking area has a total of three (3) access outlets. Peak traffic demands occur on Sundays and weeknights only. No impeding of traffic access into or out of the adjacent parking lots was observed during parking demand surveys of the project parking lot. 7. That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code. Cr\PC2005 -041 -1- PC2005 -41 Attachment - R &R 1 -B 8. That the proposed use as conditioned herein will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 9. That the size and shape of the site for the proposed use is adequate to allow the full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 10. That the traffic generated by the use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 11. 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. 12. That four (4) people indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to permit and retain an existing church in conjunction with a commercial retail center with waiver of minimum number of parking spaces; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That this permit shall expire on March 21, 2007. 2. That the hours of operation for the church (Suites 1 -5) shall be limited to the following, as stipulated in the applicant's letter of operation: • Sunday 10 am- 9 pm • Tuesday 7 pm- 9 pm • Wednesday 7 pm- 9 pm • Thursday 7 pm- 9 pm • Friday 7 pm- 9 pm • Saturday 7 am- 9 am 3. That no portable signage shall be utilized to advertise any of the uses located on the site. 4. That no outdoor events shall be permitted. 5. That the only accessory school activity shall be Sunday school and these facilities shall not include any private daycare, nursery, elementary, junior and /or senior high schools. 6. That the granting of the parking waiver is contingent upon operation of the uses in conformance with the assumptions and /or conclusions relating to the operation and intensity of uses as contained in the applicant's parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and /or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this to termination or modification pursuant to the -2- PC2005 -41 Attachment - R &R 1 -B provisions of Sections 18.60 of the Anaheim Municipal Code. That the following items observed at staffs physical inspection on October 14, 2004, shall be addressed within a period of sixty (60) days. The appropriate permits shall be obtained for any necessary work as follows: • Provide address numbers on front of building. CFC Section 901.4.4 • The owner shall hire a licensed architect to 1) conduct a comprehensive facility investigation; 2) prepare accurate "as- built' plans to reflect the existing tenant improvements and obtain permits for items indicated below; 3) modify the plans in order to fully comply with the applicable codes; and 4) submit new "Tenant Improvement" plans for permits and inspections. • Interior walls constructed without permits. • Opening in masonry wall on south side of the tenant space requires review and approval. • Upgrade restrooms, exit doors, and new counter top for handicap accessibility. • Mechanical, electrical, plumbing works (electrical fixtures, outlets, a/c distributions, gas, water line, sewer cleanout at the middle of pavement, etc.) require permits. • Reduce the number of chairs in Victory Outreach (Units #1 -5) to 49. • Obtain approval of occupancy change from the Building Division (before occupancy may exceed 49). • The owner is required to hire a licensed architect to conduct a comprehensive facility investigation. A licensed architect shall prepare the plans because they involve "Assembly" occupancies (potential of increased risk for fire related injuries). • Change of Occupancy from B to A3 is required if occupancy exceeds 49. 8. That the following items shall be addressed immediately: • Provide two 2A1 OBC fire extinguishers, serviced by a California State Licensed Company. Title 19 • A flame - retardant certificate shall be provided for all drapes, or remove. CFC Section 1103.3.3.1 • Maintain proper amounts of Exit doors provided with panic hardware and they must swing outward. CFC Section 1207.1 and 1207.2 • Remove all secondary locks, latches, or bolts from Exit doors. CFC Section 1207.3 • Remove tape from circuit breakers secured in the "On" position. CFC Section 8504. • Remove all extension cords. CFC Section 8506.1 • Add panic hardware to gates outside. They must have panic hardware and swing outward. CFC Section 1208.2 and 1208.4 • Install illuminated exit signs. • Unlock gate at west side for access to the public sidewalk (gate within the 4' -6" block wall was locked). 9. That the maximum occupancy of any assembly use shall be limited to 49 persons until such time that plans are submitted to the Building Division and Fire Department for review and approval. Upon such approval, the occupancy may be increased for each of the assembly use to the number of congregants identified in the parking study. 10. That there shall be no outdoor storage on site at any time; and that the existing outdoor storage located to the rear (west) of the commercial center shall be removed. 11. That any tree or other landscaping planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 12. That 4- foot -high street address numbers shall be displayed on the roof of the building in a color that contrasts with the roof material. The numbers shall not be visible from the streets or adjacent properties. Said information shall be specifically shown on plans submitted for building permits- -3- PC2005 -41 Attachment - R &R 1 -B 13. That the property shall be permanently maintained in an orderly fashion by the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 15. That the property owner /applicant shall pay the costs of Code Enforcement for quarterly inspections for a period of two (2) years, and as often as necessary thereafter until the subject property is brought into compliance, or as deemed necessary by the City's Code Enforcement Division to gain and /or maintain compliance with State and local statutes, ordinances, laws or regulations for a period of one-year- 16 That subject property shall be maintained substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. 17. That the maximum number of occupants shall be sixty (60) people within the church at any one time, as indicated in the approved parking study. 18. That within a period of sixty (60) days from the date of this resolution, Condition Nos. 7, 10, 12 and 16, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 19. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of March 21, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. (ORIGINAL SIGNED BY GAIL EASTMAN) CHAIRMAN, ANAHEIM PLANNING COMMISSION F-1111111=15 (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005 -41 Attachment - R &R 1 -B 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 March 21, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: BUFFA, EASTMAN, FLORES, PEREZ NONE ROMERO,VELASQUEZ ONE VACANCY IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. (ORIGINAL SIGNED BY ELEANOR MORRIS) SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2005 -41 ITEM NO. 1 -A D Zoning Code Amendment 2005 -00041 Subject Property Date: June 27, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. City -wide A CITY - INITIATED (PLANNING DEPARTMENT) PROPOSAL TO AMEND VARIOUS SECTIONS OF TITLE 18 "ZONING" OF THE ANAHEIM MUNICIPAL CODE TO CORRECT VARIOUS ERRORS AND OMISSIONS; CLARIFY CERTAIN TEXT; UPDATE REFERENCES TO ENGINEERING STANDARD DETAILS AND DIVISION TITLES; AND AMEND CERTAIN CODE REGULATIONS TO PERMIT RECREATIONAL VEHICLE PARKING IN DRIVEWAYS, REQUIRE LANDSCAPED SETBACKS BETWEEN FREEWAYS AND COMMERCIAL BUILDINGS, CONDITIONALLY PERMIT PLANT NURSERIES IN THE "T" TRANSITION ZONE, ESTABLISH CRITERIA FOR CARNIVALS AND CIRCUSES, REGULATE LAUNDROMATS IN AREAS HAVING DEFICIENT SEWER CAPACITY, AMEND PARKING REQUIREMENTS FOR MULTIPLE - FAMILY RESIDENTIAL USES, LIMIT EXPANSION OF SINGLE - FAMILY DWELLINGS WITH NONCONFORMING PARKING AND AUTHORIZE MODIFICATIONS THEROF, AUTHORIZE THE ZONING ADMINISTRATOR TO TERMINATE CERTAIN PETITIONS, AND AUTHORIZE THE PLANNING DIRECTOR TO INITIATE GENERAL PLAN AMENDMENTS AND RECLASSIFICATIONS. City -wide 1898 �A`� P 'ZP r3 PALMA �P c^ MA AA / POW P 0 i l .. Is E d 3 PM Date of Aerial Photo: May 2002 Zoning Code Amendment 2005 -00041 Subject Property Date: June 27, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. City -wide A CITY - INITIATED (PLANNING DEPARTMENT) PROPOSAL TO AMEND VARIOUS SECTIONS OF TITLE 18 "ZONING" OF THE ANAHEIM MUNICIPAL CODE TO CORRECT VARIOUS ERRORS AND OMISSIONS; CLARIFY CERTAIN TEXT; UPDATE REFERENCES TO ENGINEERING STANDARD DETAILS AND DIVISION TITLES; AND AMEND CERTAIN CODE REGULATIONS TO PERMIT RECREATIONAL VEHICLE PARKING IN DRIVEWAYS, REQUIRE LANDSCAPED SETBACKS BETWEEN FREEWAYS AND COMMERCIAL BUILDINGS, CONDITIONALLY PERMIT PLANT NURSERIES IN THE "T" TRANSITION ZONE, ESTABLISH CRITERIA FOR CARNIVALS AND CIRCUSES, REGULATE LAUNDROMATS IN AREAS HAVING DEFICIENT SEWER CAPACITY, AMEND PARKING REQUIREMENTS FOR MULTIPLE - FAMILY RESIDENTIAL USES, LIMIT EXPANSION OF SINGLE - FAMILY DWELLINGS WITH NONCONFORMING PARKING AND AUTHORIZE MODIFICATIONS THEROF, AUTHORIZE THE ZONING ADMINISTRATOR TO TERMINATE CERTAIN PETITIONS, AND AUTHORIZE THE PLANNING DIRECTOR TO INITIATE GENERAL PLAN AMENDMENTS AND RECLASSIFICATIONS. City -wide 1898 Staff Report to the Planning Commission June 27, 2005 Item No. 2 2a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 330 (Previously Certified) (Motion) 2b. ZONING CODE AMENDMENT NO. 2005 -00041 (Motion) SITE LOCATION AND DESCRIPTION: (1) The proposed Zoning Code Amendment applies citywide. The City of Anaheim encompasses approximately 50 square miles and is surrounded by the cities of Fullerton, Placentia and Yorba Linda to the north; unincorporated Orange County to the east; the cities of Orange, Garden Grove, Stanton and unincorporated Orange County to the south; and the cities of Cypress and Buena Park to the west- PROPOSAL (2) This is a city- initiated (Planning Department) request amending various sections of Title 18 "Zoning" of the Anaheim Municipal Code to correct errors and omissions, to clarify certain text, to modify references to Engineering Standard Details and Planning Department division titles, and to amend certain regulations as follows: (a) Permit recreational vehicle parking in single - family residential driveways without a time limitation (Table 4 -J "Permitted Encroachments for Accessory Uses and Structures: Single- family Residential Zones" in Section 18.04.100 "Structural Setbacks ") — See Section 4 under DISCUSSION, paragraph 7, below. (b) Require a minimum 10 -foot landscaped setback between freeways and commercial buildings in certain commercial zones (Table 8 -F "Minimum Setbacks: Commercial Zones" in Section 18.08.060 "Structural Setbacks "). See Section 10, below. (c) Permit Plant Nurseries by conditional use permit in the "T" Transition Zone (Table 14- A "Primary Uses: Public and Special Purpose Zones" in Section 18.14.030 "Uses "). See Section 14, below. (d) Adopt criteria for issuing permits for Carnivals & Circuses (new Section 18.38.095 in Chapter 18.38 "Supplemental Use Regulations "). See Section 27, below. (e) Adopt requirements for proposed Laundromats pertaining to mitigating sewer deficiencies that have been identified in certain areas (Section 18.38.150 "Laundromats "). See Section 29, below. (f) Amend parking requirements for multiple - family residential uses (Section 18.42.030 "Residential Parking Requirements "). See Section 38, below. (g) Limit the permitted expansion of single - family dwellings if nonconforming parking is proposed to be retained (subsection 18.56.070.030 "Expansion of Single - Family Residence "); and authorize the Zoning Administrator to approve modifications to the maximum permitted expansion of such dwellings with nonconforming parking (subsection 18.60.020.040 "Modifications Related to Nonconformities "). See Sections 49 and 52, below. (h) Authorize the Zoning Administrator to terminate certain petitions (Section 18.60.210 "Termination of Permits' ). See Section 56, below. (i) Authorize the Planning Director to initiate general plan amendments and reclassifications (Section 18.68.030 "Initiation" and subsection 18.76.030.010 "Reclassification' ). See Sections 57 and 58, below. Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 2 BACKGROUND: (3) On June 8, 2004, a comprehensive update to Title 18 (Zoning) was adopted by the City Council under Ordinance No. 5920, for the purpose of implementing the Land Use Element of the new General Plan, updating the land uses and development standards, modifying the Zoning Code format to make it easier to find land use and development information, and assuring that the code complies with state statutes and other applicable laws. The updated Zoning Code became effective on July 8, 2004, excepting certain development projects which may continue to completion subject to the development standards that were in existence as of 5 p.m. on July 7, 2004. (4) It was anticipated at that time that given the complexity of the comprehensive update, follow -up actions to correct or otherwise clarify the code might be necessary, and that staff would propose future modifications to address such issues. Subsequently on September 28, 2004 (following a recommendation for approval by the Planning Commission) the City Council adopted Ordinance No. 5944 relating to such corrections and clarifications, plus amending the parking standards for Attached Single - Family Dwellings and making it unlawful to maintain any construction, alteration or addition to any building or structure that was done without the required building permit. (5) Planning staff has been working with the new Zoning Code for the past year while searching for zoning information, analyzing development proposals, and answering questions from developers, homeowners, business people and other city staff. During that time errors, omissions and confusing text have been identified, Engineering Standard Details have been renumbered and re- titled, the Code Enforcement Division has been renamed the Community Preservation Division, and a number of amendments regarding certain existing and new standards or regulations have been identified. (6) For the reasons summarized in paragraphs (2) and (5), above, the Planning Director has initiated this amendment to Title 18 pursuant to subsection .020 (Text Amendment) of Section 18.76.030 (Initiation) of Chapter 18.76 (Zoning Amendments). DISCUSSION: (7) The proposed amendments, shown in the attached red -line version of the Draft Ordinance and its attachments (various tables that are proposed to be amended), are summarized below (the SECTION numbers are the same as in the draft ordinance). The specific amendments are shown in bold text with deletions struck and and additions underlined SECTION 1. The amendments to Table 4 -A (Primary Uses: Single - Family Residential Zones) include adding a cross - reference to useful information in Chapter 18.36 (Types of Uses) regarding Residential Care Facilities (living accommodations for 6 or fewer persons) and Group Care Facilities (living accommodations for 7 or more persons). This amendment also corrects information that was inadvertently omitted from Table 4 -13 (Accessory Uses and Structures: Single - Family Residential Zones) to permit'Animal Keeping' in the RH -2 "Single - Family Hillside Residential" zone (the former RS -HS- 22,000 "Residential, Single - Family Hillside" zone). The former RS- HS- 22,000 zone specifically permitted equine, bovine, sheep, goats and swine on minimum 22,000 sg.ft. lots; in all other residential zones where such animals were formerly permitted, the minimum parcel size was (and remains) one acre (43,560 sq.ft.). This amendment will correct the code to permit Animal Keeping on minimum 22,000 square foot lots in the RH -2 zone. Forthe exact amendment, see the attachment labeled "Table 4 -A and Table 4-8.' Page 2 Staff Report to the Planning Commission June 27, 2005 Item No. 2 SECTION 2. This amendment deletes subsection 18.04.030.070 (Sites Formerly Used for Service Stations) from Chapter 18.04 (Single - Family Residential Zones) because service stations are not, and were not previously, a permitted or conditionally permitted use in any single - family residential zone, with one exception: the former RS -A- 43,000 (Residential /Agricultural) zone permitted service stations by conditional use permit. In connection with the Zoning Code update the RS- A- 43,000 zone became the "T" Transition Zone, which is regulated in Chapter 18.14 (Public and Special- Purpose Zones) and is not a `residential' zone. SECTION 3. The amendments to Table 4 -H (Maximum Lot Coverage: Single - Family Residential Zones) include deleting the words `excluding swimming pools and semi - enclosed patio structures' from the entry for the RS -2 zone because the definition of "Lot Coverage" in Section 18.92.150 of Chapter 18.92 (Definitions) also specifically excludes `swimming pools and semi - enclosed patio structures.' This amendment also replaces the word `Section' in front of certain section numbers in Table 4 -H with the symbol ` §' so that the format is consistent with other tables throughout the Zoning Code. For the exact amendments, see the attachment labeled "Table 4 -H.' SECTION 4. The amendments to Table 4 -J (Permitted Encroachments for Accessory Uses /Structures: Single - Family Residential Zones) include allowing recreational vehicles to be parked for longer than 3 days in the permitted open parking spaces (driveways) in the required front yards of single - family residential zones. The current limitation that driveable recreational vehicles be stored no longer than 3 days in front driveways, is a new regulation that was added by the Zoning Code update. This amendment also adds the title to a reference to Chapter 18.42 (Parking and Loading), replaces "ROW' with "right -of- way," and adds text to clarify that the required screening of recreational vehicles, which are stored in the rear or side yards of Single - Family Residential lots, consist of 6 -foot high solid fences, walls or gates, building walls, or landscaping that provides an effective visual screen when viewed from the street, or any combination thereof. For the exact amendments, see the attachment labeled "Table 4J." SECTION 5. The reason for amending Table 6 -A (Primary Uses: Multiple - Family Residential Zones) is the same as described in Section 1, above, to provide cross - references for "Residential Care Facilities" and "Group Care Facilities." For the exact amendment, see the attachment labeled `Table 6-A.' SECTION 6. This amendment revises the text in subsection 18.06.030.070 (Sites Formerly Used for Services Station) of Chapter 18.06 (Multiple - Family Residential Zones) to match the text in subsection 18.08.030.070 (Sites Formerly Used for Services Station) of Chapter 18.08 (Commercial Zones). SECTION 7. This amendment to subsection 18.06.160.010 (Residential Planned Development) adds a cross - reference to Section 18.92.190 where the term `planned unit development' is defined and described. SECTION B. The reasons for amending Table 8 -A (Primary Uses: Commercial Zones) are to cross - reference `Group Care Facilities,' similar to the description in Section 1, above; and to cross-reference 'Laundromats' (one of the typical uses in the `Personal Services — General' use class), which are subject to supplemental use regulations in Section 18.38.150 including new requirements relative to possible sewer deficiencies. For the exact amendment, see the attachment labeled `Table 8 -A.' Page 3 Staff Report to the Planning Commission June 27, 2005 Item No. 2 SECTION 9. This amendment to Table 8 -C (Temporary Uses and Structures Primary Uses and Structures: Commercial Zones) cross - references new supplemental use regulations that have been developed for `Carnivals & Circuses' in new Section 18.38.095 (see Section 27, below) and to cross - reference two other Municipal Code chapters (3.32 "Miscellaneous Businesses and Activities" and 4.53 "Carnivals and Circuses ") that also apply to carnivals and circuses. For the exact amendment, see the attachment labeled 'Table 8 -C.' SECTION 10. The reasons for amending Table 8 -F (Minimum Setbacks: Commercial Zones) include inserting text that was inadvertently omitted requiring that trees be planted every 20 feet in the required setback of the C -G (General Commercial) zone adjacent to residential zones. This was a development standard in the former C -L (Commercial, Limited) zone, which was replaced by the C -G Zone. This amendment also adds a minimum 10 -foot building and landscaped setback requirement along freeways in the C -R (Regional Commercial), C -G (General Commercial) and OH (High Intensity Office) zones. Currently the only setback required along freeways is a 10 -foot setback for building walls with windows. In comparison, the minimum setback along arterial highways ranges from 15 to 20 feet for commercial zones and 25 feet for the "I" (Industrial) zone, of which at least 15 feet parallel to the freeway must be landscaped. For the exact amendment, see the attachment labeled 'Table 8 -F." SECTION 11. The reason for amending Table 10 -A (Primary Uses: Industrial Zone) is the same as described in Section 8, above, to cross - reference new supplemental use regulations for Laundromats (for the exact amendment, see the attachment labeled "Table 10 -A'); and to correct an inadvertent omission regarding a use, Retail sales of household furniture when it comprises at least 50,000 sq.ft., that was conditionally permitted in the former ML (Limited Industrial) zone which was replaced by the "I" (Industrial) zone. SECTION 12. The reason for amending Table 10 -C (Temporary Uses and Structures: Industrial Zone) is the same as described in Section 9, above, to reference new supplemental use regulations for Carnivals & Circuses and other applicable Municipal Code chapters. For the exact amendment, see the attachment labeled "Table 10 -C.' SECTION 13. The reason for amending subsection 18.10.030.070 (Sites Formerly Used for Service Stations) in Chapter 18.10 (Industrial Zone) is the same as described in Section 6, above, for consistent text throughout the Zoning Code. SECTION 14. This amendment to Table 14 -A (Primary Uses: Public and Special- Purpose Zones) makes Plant Nurseries a conditional use in the "T" (Transition) Zone instead of being a prohibited use. Plant Nurseries may be appropriate at certain locations when subject to conditions of approval such as time limitations, design and location of access driveways, and screening requirements adjacent to sensitive uses. Forthe exact amendment, see the attachment labeled "Table 14 -A.' SECTION 15. The reason for amending Table 14 -C (Temporary Uses and Structures: Public and Special- Purpose Zones) is the same as described in Section 9, above, to reference new supplemental use regulations for Carnivals & Circuses and other applicable Municipal Code chapters. For the exact amendment, see the attachment labeled "Table 14 -C. " SECTION 16. The reason for amending subsection 18.14.030.070 (Sites Formerly Used for Service Stations) in Chapter 18.14 (Public and Special- Purpose Zones) is the same as described in Section 6, above, for consistent text throughout the Zoning Code. Page 4 Staff Report to the Planning Commission June 27, 2005 Item No. 2 SECTION 17. Paragraph .0902 of subsection 18.14.030.090, pertaining to additional uses in the PR (Public Recreational) zone, specifies that the Planning Commission or City Council may, by resolution, determine that certain buildings, structures and uses are allowed on property in the PR zone, in addition to those listed in subsection 18.14.030.090 (PR zoned property is either owned by the city or located adjacent to city -owned property). This amendment deletes the last sentence in paragraph .0902, which pertains to conditions and findings for conditional use permits, because the sentence is unnecessary. SECTION 18. This amendment corrects an error in Section 1822.020 (Applicability) of Chapter 1822 (Brookhurst Commercial Corridor Overlay (BCC) Zone) by replacing the word "city' with "Brookhurst Sub -Area of the West Anaheim Commercial Corridors Redevelopment Project Area" because the (BCC) Overlay is applicable only to a specific area of the city, not citywide. SECTION 19. This amendment adds text to subsection 18.30.020.020 (Application to Area) of Chapter 18.30 (Downtown Mixed Use (DMU) Overlay Zone) to clarify that the (DMU) Overlay may be combined only with underlying zones that exist within the area covered by the (DMU), not citywide. SECTION 20. The reasons for amending Table 30 -A (Primary Uses: Downtown Mixed Use Overlay Zone) are the same as described in Section 1, above, to cross - reference useful information regarding `Group Care Facilities' and in Section 8, above, to cross - reference new supplemental use regulations for Laundromats. For the exact amendments, see the attachment labeled "Table 30 -A.' SECTION 21. This amendment corrects an error in Chapter 18.36 (Types of Uses) whereby "Residential Care Facilities" should be listed alphabetically in Section 18.36.030 (Residential Primary Use Classes) instead of in Section 18.36.040 Non - Residential Primary Use Classes) because residential care facilities are Permitted Primary Residential Uses in single - family and multiple - family residential zones (see Table 4-A and Table 6 -A). This amendment places "Residential Care Facilities" in subsection 18.36.030.050 and moves "Senior Citizen Housing" to new subsection 18.36.030.060. SECTION 22. This amendment removes text from subsection 18.36.040.070 ( "G" Use Classes) of Chapter 18.36 (Types of Uses) which duplicates information regarding Group Care Facilities found in the definition of "Residential or Group Care Facility" in Section 18.92210 ( "R" Words, Terms and Phrases). This amendment also cross - references said Section 18.92210. SECTION 23. This amendment deletes an error in subsection 18.36.040.160 ( "P" Use Classes) of Chapter 18.36 (Types of Uses): `Nail salons' are listed twice as a typical use in the Personal Services- General use class. SECTION 24. The reason for this amendment to subsection 18.36.040.180 ( "R" Use Classes) of Section 18.36.040 (Non - Residential Primary Use Classes) is related to the reason described in Section 21, above, Residential Care Facilities are a Residential Primary Use Class instead of a Non - Residential Primary Use Class. This amendment removes "Residential Care Facilities" from the R' Use Classes and is concurrent with the amendment in Section 21, which inserts "Residential Care Facilities" in the alphabetical listing in Section 18.36.030 (Residential Primary Use Classes). SECTION 25. This amendment adds a new section 18.38.095 (Carnivals & Circuses) to the list of section titles for Chapter 18.38 (Supplemental Use Regulations). The proposed Page 5 Staff Report to the Planning Commission June 27, 2005 Item No. 2 Section 18.38.095, summarized in Section 27, below, contains new regulations and limitations pertaining to Carnivals & Circuses. SECTION 26. This amendment corrects a chart in subsection 18.38.060.040 (Allowable Locations) which erroneously indicates that 'ground - mounted stealth wireless communications facilities/antennas' are Not Permitted on any property in the Scenic Corridor (SC) Overlay Zone. Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 Zoning and Development Standards) specifically permits such facilities (which include amateur - operated radio transmission towers, cellular communication facilities/towers, communications antennas, and radio, television and satellite dish receiving antennas), by right or conditionally, in certain development areas. SECTION 27. This amendment adds new Section 18.38.095 (Carnivals & Circuses) to Chapter 18.38 (Supplemental Use Regulations). The section contains regulations that establish operational and site limitations, including prohibiting an excessive number of Carnival & Circus permits from being obtained on a single parcel or on a group of parcels that are developed as a single project, such as a business or commercial retail center. Carnival & Circus permits are not intended to provide a means of promoting any business in a retail center after the maximum number of Special Event permits has been obtained for that business, and this amendment also addresses that issue. The new regulations will limit the duration of a carnival or circus permit (maximum 10 consecutive days), the number of annual permits (not more than two permits on any project site during a calendar year), and require the submittal of site plans for review and approval to verify that the use of the site is not likely to have an adverse impact on surrounding land uses. The site plans shall include the following information. 1. Exact location with site dimensions, names of adjacent streets and highways. 2. Addresses of the underlying parcel(s), names and addresses of all tenants or occupants. 3. Existing buildings or other large structures. 4. Vehicle access to the site from adjoining streets, highways and alleys. 5. Parking areas with the number of parking spaces. 6. Any adjacent and nearby residential land uses to determine whether any occupied residential dwellings (apartments, condominiums, houses, townhouses, etc.) are located within 300 feet of the site (no permit shall be issued if any occupied dwelling is located within 300 feet). 7. Areas proposed for installation or storage of any equipment or structures. 8. Any additional information required by the Planning Services Division to adequately describe the site and nearby land uses. 9. City Traffic and Transportation Manager approval is required if the use of a parking area serving a Business or Retail Center, or a parking area serving a site developed with other uses, is proposed. The required site plan shall also be submitted to the City Traffic and Transportation Manager for review and approval to verify that any use of parking areas does not reduce the number of parking spaces to less than the number reasonably required for the existing businesses and uses. An approved site plan shall then be submitted to the Planning Services Division (no permit shall be issued if the City Traffic and Transportation Manager denies the site plan). A Carnival & Circus permit for a specific site may be denied for any one of the following reasons: Page 6 Staff Report to the Planning Commission June 27, 2005 Item No. 2 1. Two Carnival & Circus permits have already been issued during the same calendar year. 2. The maximum number of Special Event permits has already been issued during the same calendar year. 3. One or more occupied residential dwellings are located within 300 feet of the site. 4. The City Traffic and Transportation Manager has denied the submitted plans because the proposed use of parking areas would reduce the number of parking spaces to less than the number reasonably required for existing businesses and uses. SECTION 28. This amendment to subsection 18.38.110.150 (pertaining to adequacy of trash pick -up for convenience markets) of Chapter 18.38 (Supplemental Use Regulations) updates the title 'Code Enforcement' to 'Community Preservation' for consistency with a recent amendment to Chapter 1.01 (Code Adoption and Construction) of Title 1 (Administration) of the Anaheim Municipal Code, adopted on March 8, 2005 under Ordinance No. 5959. SECTION 29. The amendments to Section 18.38.150 (Laundromats) in Chapter 18.38 (Supplemental Use Regulations) include adding text requiring a Sewer Study for any Laundromat to determine whether it's proposed to be located in an area having a sewer deficiency and, if so, requiring that appropriate measures to mitigate such deficiencies be identified and completed prior to the Laundromat commencing operation. This amendment also deletes an unnecessary subsection, 18.38.150.060, which specifies that a business license is required for Laundromats (business licenses requirements are adequately addressed elsewhere in the Municipal Code) and renumbers the subsections to accommodate the revisions. SECTION 30. This amendment to subsection 18.38200.010 (Screening) of Chapter 18.38 (Supplemental Use Regulations) clarifies what comprises adequate screening of outdoor storage and cross - references Table 46 -A (Required Fences and Walls) in Chapter 18.46 (Landscaping and Screening), which contains specific information regarding screening outdoor storage areas abutting residential zones, residential uses, mixed use zones or railroads. SECTION 31. This amendment adds a new Section 18.40.090 (Council Policies) to the list of section titles at the beginning of Chapter 18.40 (General Development Standards). The new text is summarized in Section 34, below. SECTION 32. This amendment adds new subsection .040 (Lot Frontage) to Section 18.40.020 (Building Site Requirements) of Chapter 18.40 (General Development Standards) to clarify that all new lots shall have frontage on a public street or alley unless otherwise specified by the underlying zone. Development Area 6 of the Highlands at Anaheim Hills Specific Plan (Chapter 18.100), for example, permits lots to front on either public or private accessways (subsection 18.100.100.020). SECTION 33. This amends the title of subsection 18.40.040.040 (Institutional Uses Adjacent to Residential Zones) of Chapter 18.40 (General Development Standards) to read 'Institutional Uses Adjacent to Residential Zones or Residential Uses' to clarify that the required 15 -foot interior landscaped setback applies when adjacent property is either zoned residentially or developed with residential uses. SECTION 34. This amendment adds a new Section 18.40.090 (Council Policies) to Chapter 18.40 (General Development Standards) to advise that copies of the Council Page 7 Staff Report to the Planning Commission June 27, 2005 Item No. 2 Policies, which are referenced in the Zoning Code, are kept on file in the Office of the City Clerk and that such policies may be amended from time -to -time. SECTION 35. This amendment to Chapter 18.42 (Parking and Loading) updates the title of Section 18.42.020 (Standard Plans and Details) in the list of sections that appear at the beginning of the chapter, to read "Engineering Standard Plans and Details, and Planning Details." Engineering standard plans and details, which are approved by the City Engineer and updated from time -to -time, are referenced throughout the Zoning Code. Additionally Planning Details, which are also referenced in the Zoning Code, are approved by the Planning Director and may be updated. One example of a Planning Detail is No. P -1 "Driveway Cuts for Single - Family Residences — Designs Permitted and Not Permitted," which illustrates various permitted configurations for open parking spaces and driveways for detached single - family houses. SECTION 36. The reason for this amendment to Section 18.42.020 (Standard Plans and Details) of Chapter 18.42 (Parking and Loading) is related to Section 35, above, in that it updates Section 18.42.020 to address both engineering and planning standard plans and details. SECTION 37. This amendment to subsection 18.42.030.010 (General) of Section 18.42.030 (Residential Parking Requirements) adds a new paragraph (.0107) to clarify that required parking spaces shall not be used for storage of inoperable vehicles. SECTION 38. This amendment to subsections 18.42.030.020 (Dwellings - Multiple - Family) and 18.42.030.030 (Dwellings - Single - Family Attached) of Section 18.42.030 (Residential Parking Requirements) revises the number of parking spaces that may be assigned to individual Multiple - Family dwellings and revises the required number of parking spaces for Attached Single - Family dwellings. For Multiple - Family dwellings, one assigned parking space, open or covered, may be assigned to each unit. For 2- bedroom units or larger, up to 2 spaces in an attached private garage may be assigned to the unit (225 spaces are required for 2- bedroom units). The current code allows only one parking space to be assigned to each multiple - family unit regardless of the number of bedrooms. All other required spaces shall be unassigned and available to all residents and visitors. For Attached Single - Family dwellings, the required parking shall be provided in accordance with either (a) the Multiple - Family standards or (b) the Detached Single - Family standards. This modifies the current parking requirement by providing two options. The first option, Multiple - Family parking standards, is the same number of parking spaces as required for apartments (1 25 to 3 spaces or more depending on the number of bedrooms) with a maximum of either 1 or 2 assigned spaces per unit depending on the number of bedrooms. For example, if the unit is a townhouse with 2 bedrooms, 2 assigned spaces are permitted in an attached private garage. All other required spaces shall be unassigned and shall be available to all residents and visitors. The other option, (b), is the same number of parking spaces as required for detached single - family dwellings. For example, 4 parking spaces for a house having 3 bedrooms, with at least 2 spaces in a private garage and the other 2 spaces in a driveway tandem to the garage. The location of required parking for projects containing Attached or Detached Single - Family Dwellings in condominiums or other common interest residential projects on multi- parcel sites is addressed in subsection 18.42.050.010 (Residential Uses) of Section 18.42.050 (Location of Parking), as proposed to be amended in Section 41, below. �'ID Staff Report to the Planning Commission June 27, 2005 Item No. 2 SECTION 39. This amendment to paragraph .0402 (pertaining to parking spaces in tandem to a garage) of subsection 18.42.030.040 (Dwellings — Single - Family Attached) clarifies that'front' setback also means 'street' setback, and adds the word 'Planning' in front of the title for Detail P -1 to differentiate it from engineering standard details. SECTION 40. The amendments to Table 42 -A (Non - Residential Parking Requirements) in Chapter 18.42 (Parking and Loading) include adding information to the 'Required Spaces' column for Day Care Centers to clarify that such centers may serve either children or adult clients, and that the parking requirement for adult day care is the same as for child day care. The amendment also inserts missing numbers and words, corrects certain terms and numbers, and clarifies when building gross floor area (instead of parcel area) is the basis for calculating the required number of parking spaces. For the exact amendments, see the attachment labeled "Table 42 -A." SECTION 47. This amendment to subsection 18.42.050.010 (Residential Uses) of Section 18.42.050 (Location of Parking) adds text to specify that for condominiums or other common interest residential projects with Attached or Detached Single - Family Dwellings which are located on multi - parcel sites, the required parking for each dwelling may be provided on the project site, not necessarily on the same lot as the dwelling it serves. SECTION 42. This amendment to subsection 18.42.060.020 (Driveway Cuts for Single - Family Residences) of Section 18.42.060 (Parking Dimensions and Access) updates the approval authority for Planning Details: the Planning Director instead of the Planning Commission. SECTION 43. This amendment to subsection 18.42.070.040 (Tandem Parking) of Section 18.42.070 (Parking Lot Design) clarifies that tandem parking is prohibited unless specifically authorized by Chapter 18.42 (Parking and Loading) or permitted by the underlying zone. Development Area 7 of the Highlands at Anaheim Hills Specific Plan (Chapter 18.100), for example, permits tandem parking (subsection 18.100.110.030). SECTION 44. This amendment to subsection 18.44.110.020 (On -Site Directional Signs) of Section 18.44.110 (Wall Signs and Other Types of Signs) corrects an error that specifies two different maximum heights for free - standing on -site directional signs: 4 feet (the same as for monument -type signs) and 6 feet (the same as for building wall- mounted signs). The correct maximum height is 4 feet. On -site directional signs, which are permitted at driveway entrances to projects and may be freestanding, monument -type or mounted on building walls, display the words "In," "Out," "Enter," "Parking," "Entrance" or "Exit," and may include a logo and/or directional arrows. SECTION 45. This amendment to subsection 18.44.110.070 (Window Signs) of Section 18.44.110 clarifies that window signs are permitted only on the inside of windows in commercial and industrial buildings. SECTION 46. The amendments to Table 46 -A (Required Fences and Walls) in Chapter 18.46 (Landscaping and Screening) include correcting an error regarding the required Enclosure of Outdoor Storage in the Industrial zone, which specifies that only 6 to 8 -foot high masonry walls satisfy the screening requirement, but, depending on the adjoining use, there are several options according to subsection 18.46.110.090 (Enclosure of Outdoor Uses): building walls, fences including chain link with climbing vines, earthen berms, or any combination thereof (this amendment reflects the former Zoning Code pertaining to required site - screening in industrial zones). Page 9 Staff Report to the Planning Commission June 27, 2005 Item No. 2 This amendment also makes a correction to specify that the required fence or wall separation between commercial or industrial zones and residential uses is the same as for the separation between commercial or industrial zones and residential zones it adds a cross - reference to Section 18.38200 (Outdoor Storage) in Chapter 18.38 (Supplemental Use Regulations), which is applicable but is not referenced elsewhere in this Chapter 18.46; and it adds titles to several cross - referenced code sections and Council Policy No- 5 42 "Sound Attenuation in Residential Projects." Where different requirements regarding fences or walls conflict, subsection 18.46.110.020 (Required Fences and Walls) specifies that the most restrictive shall apply. SECTION 47. This amendment to subsection 18.46.110.090 (Enclosure of Outdoor Uses) of Section 18.46.110 (Screening, Fences, Walls and Hedges) corrects a spelling error and adds text to clarify that there are four options for screening any outdoor use of an industrial nature, including storage. SECTION 48. This amendment modifies the title of Section 18.56.070 (Nonconforming Parking) in the list of sections on the first page of Chapter 18.56 (Nonconformities) to read `Nonconforming Parking and Landscaping.' The modification more clearly describes the content of the section, which requires that any expansion of multiple - family and non- residential buildings shall comply with current parking and landscaping requirements. SECTION 49. The amendments to Section 18.56.070 (Nonconforming Parking) include modifying the section title to read `Nonconforming Parking and Landscaping` for the same reason as described Section 48, above. This amendment also revises subsection 18.56.070.030 (Expansion of Single - Family Residence) regarding the maximum permitted expansion for single - family dwellings if nonconforming parking is not brought into compliance with code. The amendment will permit a maximum 650 sq.ft. additional livable floor area for houses in zones where the minimum livable floor area requirement is 1,225 sq.ft. (RS -2, RS -3 and RS-4 "Single - Family Residential ") and 850 sq.ft. for houses in zones where the minimum livable floor area requirement is 1,700 sq.ft. (RH -1, RH -2 and RH -3 "Single - Family Hillside Residential" and RS -1 "Single- Family Residential "). Any expansion exceeding 650 sq.ft., or 850 sq.ft. as appropriate, would require that the parking be brought into compliance with code. A typical example of nonconforming parking is a 1 -car garage (2 spaces in a garage are required). Houses with nonconforming parking were not addressed in the former Zoning Code, which meant that any floor area expansion required upgrading the parking to code standards. The current code permits an expansion of up to 50% of the existing livable floor area. This amendment will also make such house additions (that don't include bringing the parking into code - compliance) a one -time expansion, and will cross - reference exceptions that may be permitted under subsection 18.60.020.040 (Modifications Related to Nonconformities) of Chapter 18.60 (Procedures), as proposed to be amended in Section 52, below. The following chart illustrates the difference between the current and proposed regulations, as applied to houses ranging from 800 to 2,500 square feet of livable floor area. Page 10 Staff Report to the Planning Commission June 27, 2005 Item No. 2 * The minimum livable floor area required for single - family houses in the RS -2, RS -3 & RS-4 zones. ** The minimum livable floor area required for single - family houses in the RS -1, RH -1, RH -2 8 RH -3 zones. SECTION 50. This amendment modifies the title of Section 18.58.130 (Application Review; Appeal) in the list of sections on the first page of Chapter 18.58 (Affordable Multiple - Family Housing Developments) to read'Appeals - General.' The modification more accurately reflects the content of the section, which pertains specifically to appeals. The proposed title is the same as used in 18.60.130 (Appeals - General) in Chapter 18.60 (Procedures) for the same subject. SECTION 51. The reason for amending Section 18.58.130 (Application Review; Appeals) of Chapter 18.58 (Affordable Multiple - Family Housing Developments) is the same as described in Section 50, above, to modify the section title to read 'Appeals — General.' SECTION 52. This amendment to subsection 18.60.020.040 (Modifications Related to Nonconformities) of Chapter 18.60 (Procedures) is related to Section 49, above, which revises subsection 18.56.070.030 (Expansion of Single - Family Residence). It authorizes the Zoning Administrator to consider whether a single - family house can be expanded by more than 650 sq.ft., or 850 sq.ft. depending on the underlying zone, without existing nonconforming parking being brought into code - compliance. Atypical reason for requesting such an 'adjustment' might be a 3-car garage with a 10 -foot deep driveway (4 spaces required, minimum 2 in a garage and 2 open spaces tandem to the garage) and no additional on -site area that would accommodate a fourth parking space which is accessible to vehicles. Similar 'adjustments' (with no public notification but with action is taken at a public meeting) are currently permitted in connection with construction on nonconforming lots (Section 18.56.020) and modification of nonconforming uses (subsection 18.56.030.030). The required findings for approving such an adjustment, as set forth in subsection 18.62.040.060 (Findings) of Chapter 18.62 (Administrative Review), are: 1. The adjustment is consistent with the purposes and intent of the Zoning Code; 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; 3. The adjustment does not conflict with the provisions of the California Building Standards Code or other codes, as adopted by the City; and Page 11 CURRENT PROPOSED Existing Permitted Total floor area Permitted Total floor area livable floor expansion + expansion + area (50% of livable 50% expansion depending on 650 or 850 sq.ft. floor area) underlying expansion zone 800 sq.ft. 400 sq.ft. 1,200 sq.ft. 650 sq.ft. 1,450 sq.ft. 850 sq. ft. 1, 650 sq.ft 1,225 sq.ft. * 613 sq.ft. 1,838 sq.ft. 650 sq.ft. 1,875 sq.ft. 850 sq. ft 2, 075 sq.ft 1,700 sq.ft. ** 850 sq.ft. 2,550 sq.ft. 650 sq.ft. 2,350 sq.ft. ------------- 850 sq. ft -------- --------------- ------- 2, 550 sq.ft 2,500 sq.ft. 1,250 sq.ft. 3,750 sq.ft. 650 sq.ft. 3,150 sq.ft. 850 sq ft 3, 350 sq ft * The minimum livable floor area required for single - family houses in the RS -2, RS -3 & RS-4 zones. ** The minimum livable floor area required for single - family houses in the RS -1, RH -1, RH -2 8 RH -3 zones. SECTION 50. This amendment modifies the title of Section 18.58.130 (Application Review; Appeal) in the list of sections on the first page of Chapter 18.58 (Affordable Multiple - Family Housing Developments) to read'Appeals - General.' The modification more accurately reflects the content of the section, which pertains specifically to appeals. The proposed title is the same as used in 18.60.130 (Appeals - General) in Chapter 18.60 (Procedures) for the same subject. SECTION 51. The reason for amending Section 18.58.130 (Application Review; Appeals) of Chapter 18.58 (Affordable Multiple - Family Housing Developments) is the same as described in Section 50, above, to modify the section title to read 'Appeals — General.' SECTION 52. This amendment to subsection 18.60.020.040 (Modifications Related to Nonconformities) of Chapter 18.60 (Procedures) is related to Section 49, above, which revises subsection 18.56.070.030 (Expansion of Single - Family Residence). It authorizes the Zoning Administrator to consider whether a single - family house can be expanded by more than 650 sq.ft., or 850 sq.ft. depending on the underlying zone, without existing nonconforming parking being brought into code - compliance. Atypical reason for requesting such an 'adjustment' might be a 3-car garage with a 10 -foot deep driveway (4 spaces required, minimum 2 in a garage and 2 open spaces tandem to the garage) and no additional on -site area that would accommodate a fourth parking space which is accessible to vehicles. Similar 'adjustments' (with no public notification but with action is taken at a public meeting) are currently permitted in connection with construction on nonconforming lots (Section 18.56.020) and modification of nonconforming uses (subsection 18.56.030.030). The required findings for approving such an adjustment, as set forth in subsection 18.62.040.060 (Findings) of Chapter 18.62 (Administrative Review), are: 1. The adjustment is consistent with the purposes and intent of the Zoning Code; 2. The same or similar result cannot be achieved by using provisions in the Zoning Code that do not require the adjustment; 3. The adjustment does not conflict with the provisions of the California Building Standards Code or other codes, as adopted by the City; and Page 11 Staff Report to the Planning Commission June 27, 2005 Item No. 2 4. The adjustment will not produce a result that is out of character or detrimental to the neighborhood. SECTION 53. This amendment corrects an error in subsection 18.60.130.030 (Timeframe) of Section 18.60.130 (Appeals - General) whereby the Zoning Administrator is authorized to act on administrative adjustments but not on reclassifications. SECTION 54. This amendment to paragraph.0204 of subsection 18.60.170.020 (Required Findings) of Section 18.60.170 (Extension of Time to Comply with Conditions of Approval) is the same as described in Section 28, above, to update the title `Code Enforcement'to `Community Preservation.' SECTION 55. This amendment to18.60200.030 (Notification) of Section 18.60200 (City - Initiated Revocation or Modification of Permits) is the same the same as described in Section 29, above, to update the title `Code Enforcement' to `Community Preservation.' SECTION 56. This amendment Section 18.60210 (Termination of Permits) of Chapter 18.60 (Procedures) authorizes the Zoning Administrator to terminate petitions that are no longer in use and for which the Zoning Administrator is the approval authority. SECTION 57. This amendment to Section 18.68.030 (Initiation) of Chapter 18.68 (General Plan Amendments) authorizes the Planning Director to initiate general plan amendments. Currently amendments can be initiated only by the property owner, the City Council or the Planning Commission. Decisions to adopt or deny general plan amendments are made by the Planning Commission or City Council. SECTION 58. This amendment to subsection 18.76.030.010 (Reclassification) of Chapter 18.76 (Zoning Amendments) authorizes the Planning Director to initiate reclassifications to rezone property. Currently reclassifications can be initiated only by the property owner, the City Council or the Planning Commission. Decisions to approve or deny reclassifications are made by the Planning Commission or City Council. SECTION 59. This amendment corrects paragraph .0201 (Motion Required) of subsection 18.76.050.020 (Text Amendment) of Section 18.76.050 (Action by Planning Commission) to specify that the Planning Commission shall, in compliance with state law, consider proposed text amendments to the Zoning Code at a public hearing, not a non - public hearing. Subsection .020 (Recommendation for Denial) of Section 18.76.060 (Action by City Council) is also amended to cross - reference Section 18.60.130 (Appeals - General) and to add new subsection .030 (Public Hearing) specifying that if an appeal is initiated regarding a Planning Commission recommendation for approval or denial of a proposed change to text in the Zoning Code or to the zoning map, the item shall be considered at a duly noticed public hearing as required by state law. Absent an appeal by a dissatisfied person, or a request for review by the Planning Commission or two or more City Council members, a public hearing is not required when Council considers amendments to the Zoning Code or the city's zoning map. SECTION 60. The amendments to Section 18.90.100 (Former Zones) of Chapter 18.90 (General Provisions), which section consists of an introductory paragraph and Table 90 -A (Zone Correspondence), include amending the introductory paragraph to add text clarifying that future new zones may be developed to replace existing zones. For example, the Platinum Triangle Mixed Use (PTMU) Overlay replaced the Sports Entertainment (SE) Overlay. Page 12 Staff Report to the Planning Commission June 27, 2005 Item No. 2 The amendment to Table 90 -A corrects inadvertent errors consisting of the wrong corresponding zones being identified for several former zones and the wrong title being used for the former (PC) zone (deleting the word 'residential' from Residential Planned Community Zone). SECTION 61. This amendment addresses an omission by adding a definition for'Adult Day Care Center' to Section 18.92.040 ( "A" Words, Terms and Phrases) of Chapter 18.92 (Definitions). The term is currently cross - referenced under Day Care Centers in subsection 18.36.040.040 (pertaining to Types of Uses) as being defined in Chapter 18.92. SECTION 62. This amendment deletes an inadvertent error in the introductory paragraph of subsection 18.110.040.020 of Section 18.110.040 (Site and Development Standards) of Chapter 18.110 (East Center Street Development Specific Plan No. 90 -2), which incorrectly references 'Criteria for Deck Type Housing Projects.' Those criteria were repealed by the City Council on June 10, 1997, under Ordinance No. 5601, and all references were deleted from the Zoning Code except for the East Center Street Specific Plan. SECTION 63. The reason for deleting the words 'and Criteria for Deck Type Housing Projects'from subsection 18.110.040.030 (Parcel 14N - Attached Multiple - Family Housing) is the same as described in Section 62, above. SECTION 64. This amendment to paragraph (k) (Private Street Widths) of subsection 18.110.040.060 (Parcel 22- Attached Single - Family Housing (Paired Homes)) of Section 18.110.040 is related to Section 35, above. It eliminates a reference to a specific Engineering Standard Detail so that out -of -date references are not made whenever standard details are updated or revised, as they are from time -to -time. In this case Engineering Standard Detail No. 122, pertaining to private streets, was revised last year and renumbered '162-' The proposed amendment reads that'Private entry streets shall comply with the latest revisions of the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to private streets.' SECTION 65. The reason for deleting the words 'and Criteria for Deck Type Housing Projects'from subsection 18.110.050.010 (Parcel 14N) of Section 18.110.050 (Land Uses) is the same as described in Section 62, above. SECTION 66. The reason for deleting the words 'and Criteria for Deck Type Housing Projects'from paragraph (a) (Residential) of subsection 18.110.050.040 (Parcel 4d) is the same as described in Section 62, above. SECTION 67. The reason for amending paragraph .0903 (Vehicle Sight Distance to be Maintained) of subsection .090 (Permitted Encroachments into Required Yards and Setback Areas) of Section 18.114.050 of Chapter 18.114 (Disneyland Resort Specific Plan No. 92 -1 Zoning and Development Standards) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 68. The reason for amending paragraph .1005 (Screening of Surface Parking Areas) of subsection .100 (Required Site Screening) of Section 18.114.050 is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 69. The reason for amending subparagraph .02 paragraph .0302 (Parking Structure Design) of subsection .030 (Layout and Design) of Section 18.114.110 (Off- Street Parking and Loading Requirements) is the same as described in Section 64, above, to modify references to Engineering Standard Details. Page 13 Staff Report to the Planning Commission June 27, 2005 Item No. 2 SECTION 70. The reason for amending subsection 18.114.110.080 (Parking Markings and Separations) of Section 18.114.110 is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 71. The reason for amending subsections .120 (Parking Space and Access Design) and 130 (Truck Loading) of Section 18.114.110 is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 72. The reason for amending subparagraph .02(c)(iv) of paragraph .0201 (Application) of subsection .020 (Signs - General) of Section 18.114.130 (Sign Regulations) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 73. The reason for amending subparagraph .02(f)(ii)a of paragraph .0201 of subsection .020 of Section 18.114.130 is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 74. The reason for amending paragraph .0212 (Minimum Sight Distance Requirements for Freestanding Signs) of subsection .020 of Section 18.114.130 is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 75. This amendment to paragraph.0522 of subsection .050 (Conditional Uses and Structures) of Chapter 18.116 (Anaheim Resort Specific Plan No. 92 -2 Zoning and Development Standards) clarifies that three types of restaurants are conditionally permitted in the Commercial Recreation (C -R) District: restaurants with public entertainment, fast food only restaurants, and walk -up only restaurants. SECTION 76. The reason for amending paragraph .1001 (Vehicle Sight Distance to be Maintained) of subsection .100 (Permitted Enclosures into Required Yard and Setback Areas) of Section 18.116.070 (Commercial Recreation (C -R) District - Development Area 1) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 77. The reason for amending paragraph .1105 (Screening of Parking Areas) of subsection 18.116.070.110 (Required Site Screening) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 78. The reason for amending subsection .070 (Parking Markings and Separations) of Section 18.116.110 (Off- Street Parking and Loading Requirements) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 79. The reason for amending subsection 18.116.110.110 (Parking Space and Access Design) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 80. The reason for amending subsection 18.116.110.130 (Truck Loading) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 81. The reason for amending subsection .040 ( "D" Words, Terms and Phrases) of Section 18.118.030 (Definitions) of Chapter 18.118 (Hotel Circle Specific Plan No. 93 -1 Page 14 Staff Report to the Planning Commission June 27, 2005 Item No. 2 Zoning and Development Standards) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 82. The reason for amending subsection .050 (Sight Distance) of Section 18.118.112 (Structural Setback and Yard Requirements) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 83. The reason for amending subsection .010 (Screening at Public Rights -of- Way) of Section 18.118.114 (Required Site Screening) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 84. The reason for amending subsection .100 (Parking Markings and Separations) of Section 18.118.120 (Off Street Parking and Loading Requirements) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 85. The reason for amending subsection 18.118.120.150 (Parking Space and Access Design) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 86. The reason for amending subsection 18.118.120210 (Curb Return) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 87. The reason for amending subsection .050 (Location) of Section 18.118.143 (Future Establishment Signs) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 88. This amendment corrects an inadvertent error to the titles of Sections 18.120.050 through 18.120.110 in the list of section titles for Chapter 18.120 (Northeast Area Specific Plan No. 94 -1 Zoning and Development Standards). The section title for each of the Development Areas should read ` Land Use and Development Standards' instead of ` Zoning and Development Standards' SECTION 89. The reason for amending the title of Section 18.120.050 (Zoning and Development Standards - Industrial Area (Development Area 1)) is the same as described in Section 88, above, to change the word `Zoning' to `Land Use' in the section title. SECTION 90. The reason for amending paragraphs .0902 through .0907 of subsection 090 (Structural Setback and Yard Requirements) of Section 18.120.050 (Land Use and Development Standards - Industrial Area (Development Area 1)) is the same as described in Section 64, above, to modify references to Engineering Standard Details. This amendment also corrects a format numbering errorwhereby paragraph .0903 was inadvertently labeled `subparagraph (c).' SECTION 97. The reason for amending paragraph .1503 of subsection 18.120.050.150 (Salvage, Shredding and Vehicle Dismantling Operations) is the same as described in Section 28, above, to update the title `Code Enforcement to `Community Preservation.' SECTION 92. The reason for amending the title of Section 18.120.060 (Zoning and Development Standards - Industrial Area - Recycling Overlay (Development Area 1A)) is the same as described in Section 88, above, to change the word `Zoning' to `Land Use' in the section title. Page 15 Staff Report to the Planning Commission June 27, 2005 Item No. 2 SECTION 93. The reason for amending subsection .010 (Permitted Primary Uses and Structures) of Section 18.120.060 (Land Use and Development Standards - Industrial Area - Recycling Overlay Area (Development Area 1A)) is to conform to the numbering convention in the updated Zoning Code, and to update the title `Code Enforcement' to 'Community Preservation.' SECTION 94. The reason for amending subsection 18.120.060.050 (Conditional Uses and Structures) is to conform to the numbering convention in the updated Zoning Code. SECTION 95. The reason for amending paragraph .0906 of subsection .090 (Structural Setback and Yard Requirements) of Section 18.120.060 (Land Use and Development Standards- Industrial Area - Recycling Area (Development Area 1A)) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 96. The reason for amending paragraph .1101 of subsection .110 (Off- Street Parking and Loading Requirements) of Section 18.120.060 is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 97. The reason for amending paragraph .0902 of subsection .090 (Structural Setback and Yard Requirements) of Section 18.120.070 (Land Use and Development Standards- Expanded Industrial Area (Development Area 2)) is to conform to the numbering convention in the updated Zoning Code. SECTION 98. The reason for amending paragraph .0907 of subsection .090 (Structural Setback and Yard Requirements) of Section 18.120.070 (Land Use and Development Standards- Expanded Industrial Area (Development Area 2)) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 99. The reason for amending subsection 18.120.070.110 (Off- Street Parking and Loading Requirements) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 100. The reason for amending paragraph .0908 of subsection .090 (Structural Setback and Yard Requirements) of Section 18.120.080 (Land Use and Development Standards -La Palma Core Area (Development Area 3)) is the same as described in Section 64, above, to modify references to Engineering Standard Details. SECTION 101. The reason for amending paragraphs .0902 and .0903 of subsection .090 (Structural Setback and Yard Requirements) of Section 18.120.090 (Land Use and Development Standards- Transit Core Area (Development Area 4)) is to conform to the numbering convention in the updated Zoning Code. ENVIRONMENTAL IMPACT ANALYSIS (8) On May 25, 2004, the Anaheim City Council certified Final Environmental Impact Report No. 330 ( "FEIR ") under Resolution No. 2004 -94, and determined that said FEIR fully complies with the California Environmental Quality Act ( "CEOW) and is adequate to serve as the environmental documentation for Zoning Code Amendment No. 2004 -00029 and for future discretionary actions described in Environmental Impact Report No. 330, including follow -up actions to correct errors and omissions, and to provide clarifications and modifications to the new Zoning Code where necessary. This Zoning Code Amendment No. 2005 -00041 is the second such follow-up- Page 16 Staff Report to the Planning Commission June 27, 2005 Item No. 2 (9) Staff has reviewed the Initial Study for the proposed amendments listed in paragraph (7) of this staff report, including the attached draft ordinance, copies of which are on file in the Planning Department, and has determined the FEIR No. 330, as previously certified by the City Council for the General Plan and Zoning Code update and related projects is adequate to serve as the required environmental documentation forthe Proposed Action described in paragraphs (2) and (7) of this staff report and satisfies all the requirements of CEQA, and that no further environmental documentation need be prepared for the Proposed Action. GENERAL PLAN CONFORMITY: (10) Section 18.76.020 of the Code provides that an amendment to the Zoning Code may be made if it implements the Anaheim General Plan and will enhance and preserve the general welfare. The proposed zoning code amendment, as discussed in paragraphs (2) and (7) of this staff report including the attached Draft Ordinance, is in conformance with and implements the General Plan, and will enhance and preserve the general welfare- RECOMMENDATION (11) Staff recommends that unless additional or contrary information is received during the public hearing, including the information in this staff report and the attachments hereto, that the Planning Commission take the following actions: (a) By motion, recommend that the City Council, based on its independent review of the Initial Study prepared in connection with the proposed Zoning Code Amendment No. 2005 -00041 and any evidence received during the public hearing, find and determine that no additional significant effect will result from the proposal, no new mitigation measures or alternatives will be required, and that the proposed Zoning Code Amendment No. 2005 -00041 is within the scope of the Final Environmental Impact Report No. 330 prepared in connection with Zoning Code Amendment No. 2004- 00029, which was a comprehensive update to Title 18 (Zoning) of the Anaheim Municipal Code, and that Final EIR No. 330 is in compliance with the California Environmental Quality Act ( "CEQA ") and the State and City CEQA Guidelines and is adequate to serve as the required environmental documentation for the proposed Code Amendment and satisfy all the requirements of CEQN and that no further environmental documentation need be prepared for the proposed Code Amendment. (b) By motion, recommend that the City Council adopt the attached Draft Ordinance, including the attachments thereto, amending various sections of the Anaheim Municipal Code for the reasons discussed in paragraph (7) of this staff report and, further, based on the finding that the proposed amendments are in conformance with and will implement the Anaheim General Plan and will enhance and preserve the general welfare. ZCA2005 -00041 SR 062705.doc Page 17 [DRAFT] WAP]16 RIO 6 Lei a64,[Q AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTERS 18.04, 18.06, 18.08, 18.10, 18.14, 18.22, 18.30, 18.36, 18.38, 18.40, 18.42, 18.44, 18.46, 18.56, 18.58, 18.60, 18.68, 18.76, 18.90, 18.92, 18.110, 18.114, 18.116, 18.118 AND 18.120 OF TITLE 18 (ZONING) OF THE ANAHEIM MUNICIPAL CODE RELATING TO ERRORS, OMISSIONS, CLARIFICATIONS AND UPDATES; AND ALSO RELATING TO RECREATIONAL VEHICLE PARKING, LANDSCAPED SETBACKS ADJACENT TO FREEWAYS, PLANT NURSERIES, CARNIVALS & CIRCUSES, LAUNDROMATS, PARKING SPACES FOR MULTIPLE - FAMILY RESIDENTIAL USES, EXPANSION OF SINGLE - FAMILY DWELLINGS WITH NONCONFORMING PARKING, AUTHORIZING THE ZONING ADMINISTRATOR TO TERMINATE CERTAIN PETITIONS, AND AUTHORIZING THE PLANNING DIRECTOR TO INITIATE GENERAL PLAN AMENDMENTS AND RECLASSIFICATIONS. WHEREAS, on June 8, 2004, the City Council adopted Ordinance No. 5920 to amend Title 18 (Zoning) of the Anaheim Municipal Code in its entirety for the purpose of implementing the Land Use Element of the new General Plan, updating the land uses and development standards, modifying the Zoning Code format to make it easier to find land use and development information, and assuring that the Code complies with State statutes and other applicable laws; and that said amendment was designated as Zoning Code Amendment No. 2004 - 00029; and WHEREAS, pursuant to Chapter 18.76 (Zoning Amendments) of the Anaheim Municipal Code, provisions of Title 18 (Zoning) may be amended to enhance and preserve the general welfare when adopted by an ordinance of the City Council in the manner prescribed by law; and WHEREAS, pursuant to subsection .020 (Text Amendment) of Section 18.76.030 (Initiation) of the Anaheim Municipal Code, the Planning Director did initiate an amendment to Title 18 for the purpose of (i) correcting various errors and omissions; (ii) clarifying certain confusing text; (iii) modifying or updating references to Engineering Standard Details and division titles; and (iv) amending certain code regulations pertaining to permitting recreational vehicle parking in driveways (Table 44 in Section 18.04.100), requiring landscaped setbacks between freeways and commercial buildings (Table 8 -F in Section 18.08.060), conditionally permitting Plant Nurseries in the "T" Transition Zone (Table 14 -A in Section 18.14.030), establishing criteria for Carnivals & Circuses (Section 18.38.095), regulating laundromats in areas having deficient sewer capacity (Section 18.38.150), amending the parking requirements for multiple - family residential uses (Section 18.42.030), limiting expansion of single - family dwellings with nonconforming parking (subsection 18.56.070.030), authorizing the Zoning Administrator to consider modifications to the maximum permitted expansion of single- family dwellings with nonconforming parking (18.60.020.040), authorizing the Zoning Administrator to terminate certain petitions (18.60.210), and authorizing the Planning Director to initiate general plan amendments and reclassifications (Section 18.68.030 and subsection 18.76.030.010); and that City Staff has prepared the proposed amendments to Title 18 of the Anaheim Municipal Code designated as Zoning Code Amendment No. 2005- 00041; and WHEREAS, the Planning Commission, having independently reviewed and considered the evidence presented in the Staff Report to the Planning Commission dated June 27, 2005, including any oral and written evidence presented at the Planning Commission public meeting, did recommend that the City Council approve Zoning Code Amendment No. 2005- 00041; and WHEREAS, pursuant to the provisions of the California Environmental Quality Act ( "CEQA ") on May 25, 2004, the Anaheim City Council, did by its Resolution No. 2004 -94, certify Final Environmental Impact Report No. 330 and determine that said Final Environmental Impact Report No. 330 fully complies with CEQA, reflects the independent judgment of the City Council, and was adequate to serve as the environmental documentation for Zoning Code Amendment No. 2004 -00029 and for future discretionary actions described in Environmental Impact Report No. 330 including follow -up actions to correct or otherwise clarify the updated Zoning Code adopted in connection with Zoning Code Amendment No. 2004 - 00029, such as the proposed Zoning Code Amendment No. 00041; and WHEREAS, the Planning Commission makes recommendations to the City Council regarding Zoning Code amendments; and WHEREAS, the City Council desires to amend title 18 of the Anaheim Municipal Code to further implement the General Plan and to enhance and preserve the general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Table 4-A (Primary Uses: Single- Family Residential Zones) and Table 4 -13 (Accessory Uses and Structures: Single - Family Residential Zones) in Section 18.04.030 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as shown in the attachment labeled "Table 4 -A and Table 4 -B." SECTION 2. That subsection .070 of Section 18.04.030 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code is hereby deleted. - 0:70 sitp's -FLOr-Ifier-ly Used for- sen4pp, stlatiomq- 4H addition to thp pFovisions of Table 4 A, any use of a building on a site that was for-nWAY used as an automobile serviee station shall require a eonditional use permit. SECTION 3. That Table 4-H (Maximum Lot Coverage: Single- Family Residential Zones) in Section 18.04.090 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 4 -H." SECTION 4. That the `Accessory Use /Structure' and `Special Provisions' columns in Table 44 (Permitted Encroachments for Accessory Uses /Structures: Single- Family Residential Zones) for the entry Recreation Vehicles (storage longer than 3 days)' in Section 18.04. 100 of Chapter 18.04 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 4 -J." SECTION 5. That Table 6 -A (Primary Uses: Multiple - Family Residential Zones) in Section 18.06.030 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 6 -A." SECTION 6. That subsection .070 of Section 18.06.030 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 6 -A, any use of a building or service station canopy on a site that was formerly used as an automobile service station shall require a conditional use permit. SECTION 7. That subsection .010 of Section 18.06.160 of Chapter 18.06 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Residential Planned Unit Development. All development in the "RM -P' Zone and any development in the "RM -3" or "RM -4" Zones that includes single- family attached dwellings shall be subject to kbe approval by the Planning Commission of an application for a conditional use permit. Except as otherwise specified in this section, the application shall be processed pursuant to Chapter 18.60 (Procedures) and Chapter 18.66 (Conditional Use Permit). Planned Unit Development is defined in Section 18.92.190 ( "P" Words, Terms and Phrases) of Chapter 18.92 (Definitions). SECTION 8. That Table 8 -A (Primary Uses: Commercial Zones) in Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as to read shown in the attachment labeled "Table 8 -A." SECTION 9. That Table 8 -C (Temporary Uses and Structures Primary Uses and Structures: Commercial Zones) in Section 18.08.030 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 8- C." SECTION 10. That Table 8 -F (Minimum Setbacks: Commercial Zones) in Section 18.08.060 of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 8 -F." SECTION 11. That Table 10 -A (Primary Uses: Industrial Zone) in Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 10 -A." SECTION 12. That Table 10 -C (Temporary Uses and Structures: Industrial Zone) in Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 10 -C." SECTION 13. That subsection .070 of Section 18.10.030 of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Sites Formerly Used for Service Stations. Notwithstanding In addition to the provisions of Table 10 -A, any use of a building or service station canopy on a site that was formerly used as an automobile service station shall require a conditional use permit. SECTION 14. That Table 14 -A (Primary Uses: Public and Special Purpose Zones) in Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 14 -A." SECTION 15. That Table 14 -C (Temporary Uses and Structures: Industrial Zone) in Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 14 -C." SECTION 16. That subsection .070 of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 14 -A, any use of a building or service station canopy on a site that was formerly used as an automobile service station shall require a conditional use permit. SECTION 17. That paragraph .0902 of subsection .090 of Section 18.14.030 of Chapter 18.14 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0902 Notwithstanding the provisions of Tables 14 -A, 14 -B or 14 -C, the City may allow any other buildings, structures and uses in the "PR" zone as the City Council or Planning Commission, by resolution, determines are for the benefit of the health, safety and general welfare of the citizens of Anaheim. Snell Permits). SECTION 18. That Section 18.22.020 of Chapter 18.22 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.22.020 APPLICABILITY. The Brookhurst Commercial Corridor ("(BGG) B( CC) Overlay Zone may be combined with any zone (underlying zone) within the City Brookburst Sub -Area of the West Anaheim Commercial Corridors Redevelopment Proiect Area SECTION 19. That subsection .020 of Section 18.30.020 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Application to Area. The (DMU) Overlay Zone may be combined with any zone ( "underlying zone ") within the area described in subsection .010 SECTION 20. That Table 30 -A (Primary Uses: Downtown Mixed Use Overlay Zone) in Section 18.30.030 of Chapter 18.30 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 30 -A." SECTION 21. That Section 18.36.030 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code is hereby amended by the amendment of subsection .050 and the addition of new subsection .060, to read as follows: .050 _ Citizen Apartment Projeets and Senior- Citizen Housing Developments as Residential Care Facilities. This Use Class consists of providing twenty -four (24) -hour residential livinu accommodations for six (6) or fewer persons. Residential Care Facilities are further described in Section 18.92.210 of Chanter 18.92 (Definitions) under "Residential or GrouD Care Facilities." .060 Senior Citizen Housing. This Use Class consists of Senior Citizen Apartment Proiects and Senior Citizen Housing Developments as defined in Chapter 18.92 (Definitions). SECTION 22. That subsection .070 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 "G" Use Classes. Golf Courses & Country Clubs. This use class consists of golf courses and related uses such as driving ranges, refreshment services, locker rooms, limited sales of golf supplies and accessories, social areas, and eating and drinking facilities for members, users, and guests. Group Care Facilities. This asp caws Use Class consists of providing twenty -four (24) -hour residential living accommodations for seven (7) or more persons in exehange for- the payment of money or other- eonsideration, where the duration of tenaney is deter-mined, in whole or in part, by the indi-Adual resident's par-deipation in group or individual ned-Aties sueh as eounseling, ineludes, but is not limited to, eommunity eare faeffifies (California Health and Safety Code Seetion 1500 et. seq.), residential eare fheilities for- per-sons et seq.) residential eare faeffifies (Health and Safety Code Seetion 1569 et. seq.), and aleoholism or drug abuse reeovery or treatment fheilifies (Health and Safety Go& geytian 14 9M_02), and other- similar- Par-p, . Group Care Facilities are further described in Section 18.92.210 of Chapter 18.92 (Definitions) under "Residential or Group Care Facilities." SECTION 23. That the "Personal Services - General" Use Class in subsection .160 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Personal Services - General. This use class consists of services and incidental sales of a personal nature not covered by the Personal Services - Restricted use class. Typical uses include beauty salons (including permanent make -up); nail salons; barbershops; diet centers; nail salons; dry cleaners; laundromats; and art, music and photography studios. SECTION 24. That the entry for Residential Care Facilities' in subsection .180 of Section 18.36.040 of Chapter 18.36 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, deleted as follows: SECTION 25. That the list of sections for Chapter 18.38 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Sections: 18.38.010 18.38.020 18.38.030 18.38.040 18.38.050 Purpose. Accessory living quarters. Animal keeping. Antennas — private transmitting Antennas — receiving. 18.38.060 in for- the 18.38.070 Automobile service stations. 18.38.080 per-sons exehange payment of money or- other eonsideration, where Carnivals & Circuses 18.38.100 in individual Mechanical and utility equipment — ground mounted. 18.38.170 resident's papfleipation group or acti-Aties sueh as eetinseling, Safety Code Seetion 1500 faeffities for and et. life threntening illness seq.), residential eare Safety Code Seetion per-sons 1568.01 with ehronie (Health and . SECTION 25. That the list of sections for Chapter 18.38 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Sections: 18.38.010 18.38.020 18.38.030 18.38.040 18.38.050 Purpose. Accessory living quarters. Animal keeping. Antennas — private transmitting Antennas — receiving. 18.38.060 Antennas — telecommunications. 18.38.070 Automobile service stations. 18.38.080 Bed and breakfast inns. 18.38.090 Caretaker units. 18.38.095 Carnivals & Circuses 18.38.100 Condominium conversions. 18.38.105 Contractor's Office & Storage. 18.38.110 Convenience stores. 18.38.120 Commercial use of a residential structure. 18.38.130 Home occupations. 18.38.140 Large family day care homes. 18.38.150 Laundromats. 18.38.160 Mechanical and utility equipment — ground mounted. 18.38.170 Mechanical and utility equipment — roof mounted. 18.38.180 Oil production. 18.38.190 Outdoor displays. 18.38.200 Outdoor storage. 18.38.210 Portable food carts. 18.38.220 Restaurants — outdoor seating and dining. 18.38.230 Second units. 18.38.240 Special events. 18.38.250 Tile sales. SECTION 26. That subsection .040 of Section 18.38.060 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Allowable Locations. Wireless communication facilities are allowed as follows. Zones Stealth — Building - Mounted Stealth — Ground - Mounted Multiple -family Single -family residential & Non - Residential Scenic Corridor residential Mixed -Use Zones Overlay Zone Not permitted. Not permitted. Telecommunications Antenna Review Permit Required Not permitted. Telecommunications Antenna Review Permit Required Conditional Use Permit Required Telecommunications Antenna Review Permit Required Not permitted, except as otherwise specifically permitted in the Northeast Area Specific Plan (see SECTION 27. That Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add new Section 18.38.095 to read as follows: 18.38.095 CARNIVALS & CIRCUSES .010 General. Where permitted in the underlying zone, all temporary carnivals and circuses are subiect to the provisions of this section, Chapter 3.32 (Miscellaneous Business Activities), including Section 3.32.030 (Circuses /Carnivals), of Title 3 (Business Licenses) and Chapter 4.53 (Carnivals and Circuses) of Title 4 (Business Regulation) of the Anaheim Municipal Code. .020 Duration. No permit for a carnival or circus shall be issued for more than ten (10) consecutive days. .030 Maximum Number of Annual Permits. No more than two (2) permits for a carnival or circus shall be issued for any proiect site during any calendar year. Proiect sites include, but are not necessarily limited to, the following: .0301 Vacant site. Any vacant parcel or any group of adioining vacant parcels. .0302 Any Business or Commercial Retail Center. For the purposes of this section, the term `Business or Commercial Retail Center" shall mean one (1) or more businesses that are either (i) located on a single parcel of property or (ii) located on a group of parcels which are developed as a single proiect with shared vehicle access, driveways and /or parking. .0303 Any single parcel developed with a single land use or group of uses other than a Business or Commercial Retail Center. .0304 Any group of adjoining parcels developed with a group of land uses other than a Business or Commercial Retail Center, and which parcels are developed as a single proiect with shared vehicle access, driveways and /or parking. .040 Required Site Plan. Prior to issuance of a permit for a carnival or circus, the applicant shall submit the following information on a plan, or plans, to the Planning Services Division for review and approval to verify that the carnival or circus use of the site is not likely to have an adverse impact on surrounding land uses. The plan(s) shall accurately and clearly depict the site on which the carnival or circus is proposed. No permit shall be issued for a carnival or circus if the submitted plan(s) are not approved. .0401 Exact location and parcel(s) on which the carnival or circus is proposed, including the site dimensions and names of the adiacent streets and highways; .0402 The addresses of the underlying parcel, or parcels, on which the carnival or circus is proposed or, if proposed in a Business or Commercial Retail Center or other site developed with other uses, the names and addresses of all the tenants or occupants; .0403 Any existing buildings or other large structures on the site, including the square footage and main entrances of such buildings and structures; .0404 All vehicle access to the site from adjoining streets, highways and alleys; .0405 The parking area, including the number of parking spaces; .0406 Any adjacent residential zoning or land uses, including anv residential zoning or land uses on the opposite side of anv street, highway and alley, to determine whether any occupied single - family or multiple - family dwellings (such as apartments, condominiums, houses or townhouses) are located within three hundred (300) feet of the proposed proiect site. No permit shall be issued for a carnival or circus if any occupied dwelling is located within three hundred (300) feet of the project site, except as otherwise permitted by Section 4.53.050 (Location requirements) of Chapter 4.53 (Carnivals and Circuses). .0407 The areas proposed for the installation of any structures or equipment, or the storage thereof, and 10 .0408 Any additional information that may be required by the Planning Services Division to adequately describe the proiect site and nearby land uses. .050 City Traffic and Transportation Manager Approval. If the use of a parking area serving a Business or Commercial Retail Center, or a parking area serving a site developed with other uses, is proposed, the site plan required under subsection .040 herein shall also be submitted to the City Traffic and Transportation Manager for review and approval to verify that any use of such parking areas does not reduce the number of parking spaces to less than the number of spaces reasonablv required for the existing businesses and uses. An approved site plan shall then be submitted to the Planning Services Division. No permit shall be issued for a carnival or circus if the submitted plan(s) are denied by the City Traffic and Transportation Manager. .060 Prohibited Carnivals or Circuses. Under no circumstances shall a permit be issued for a carnival or circus on the same proiect site for which the maximum number of permits for Special Events, as defined in Section 18.92.220 ( "S" Words, Terms and Phrases), has already been issued during the same calendar year. SECTION 28. That subsection .150 of Section 18.38.110 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .150 All trash generated by the use shall be properly contained in trash bins contained within approved trash enclosures. The number of bins shall be adequate, and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse. The Code Enfor-eement Community Preservation Division of the Planning Department shall determine the adequacy of the bins and pick-ups and may require additional bins or pick- ups. All costs for meeting these requirements shall be paid for by the business owner. SECTION 29. That Section 18.38.150 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.38.150 LAUNDROMATS .010 No laundromat shall be permitted in any area of the City unless each of the following has been satisfied: .0101 A Sewer Study, including identifying appropriate measures to mitigate sewer deficiencies, has been prepared by a registered 11 professional civil engineer in the State of California for consideration by the City Engineer; and .0102 The City Engineer has approved the Sewer Study and the proposed mitigation measures, which may include construction of new sewer facilities; and .0103 The approved mitigation measures have been constructed and a bond or other security has been posted with the City to guarantee said construction prior to the laundromat's commencing operation. .020 The laundromat shall be operated with at least one (1) attendant on -site during all hours of operation. X0 .030 Any rear doorways shall remain closed, preventing entry from outside the building after dark but not preventing emergency exit. .30 The restroom facilities located within the laundromat shall remain locked at all times and access provided to customers only by means of a key provided by the laundromat attendant. X40.050 Signs shall be posted in a conspicuous place in both the parking lot area and inside the laundromat notifying patrons that loitering, panhandling, and/or the consumption of alcoholic beverages upon the premises is prohibited. .050.060 Window signs shall not be permitted. 060 PA BF to V, .1-8-ft AfthehiviiMPSS, a valid of the Planning Department. .070 The operator of the business shall be fully responsible for retaining all laundry carts inside the building. .080 No video, electronic or other amusement devices or games shall be permitted. .090 All vending machines shall be located inside the building and shall be limited to three (3) machines. .100 The property shall be permanently maintained in an orderly fashion by the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within forty eight (48) hours from time of occurrence. .110 Any proposed roof - mounted equipment shall be completely screened from view. This screening information shall be specifically shown on the plans submitted for building permits. .120 All public telephones on the premises shall be located inside the building. .130 Clear windows shall be provided at the entry and along the 12 storefront to provide visibility into the unit. SECTION 30. That subsection .010 of Section 18.38.200 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Screening. The storage area shall be surrounded on all sides by a substantial solid and opaque fence or wall at least six (6) feet in height as set forth in Section 18.46.110 (Screening, Fences, Walls and Hedges), unless otherwise specified in the underlying zone or unless a higher fence is required or approved by the City. All stored equipment or material shall be located below the fence height and shall not be visible above the fence The wall or fence shall be kept in a clean, neat and painted condition, and free of graffiti. The design and the materials used for the fence or wall shall comply with the provisions of Section 18.46.110 (Screening, Fences, Walls and Hedges) including Table 46 -A (Required Fences and Walls) in Chapter 18.46 (Landscaping and Screening) when such fence or wall abuts a residential use, a residential zone, a mixed use zone or a railroad, unless pr-evided otherwise provided in this section. SECTION 31 That the list of sections for Chapter 18.40 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Sections: 18.40.010 Purpose. 18.40.020 Building site requirements. 18.40.030 Structural height limitations. 18.40.040 Structural setbacks and yards. 18.40.050 Special area setbacks. 18.40.060 Dedications and improvements. 18.40.070 Prefabricated buildings 18.40.080 Structural height limitations Anaheim Commercial Recreation Area. 18.40.090 Council Policies. SECTION 32. That Section 18.40.020 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.40.020 BUILDING SITE REQUIREMENTS. .010 Lot Area - General. No lot area shall be reduced or diminished such that the yards or other open spaces shall be smaller than prescribed by this 13 title, nor shall the number of units and/or building square footage be increased in any manner except in conformity with the regulations established herein. line. .020 Divided Lots. No lot shall be divided by a county or city boundary .030 Side Property Lines. The side property lines of lots shall be approximately at right angles to the street centerline on straight streets or approximately radial on curved streets. .040 Lot Frontage. Every lot shall have frontage on a public street or alley unless otherwise specified by the underlying zone. SECTION 33. That subsection .040 of Section 18.40.040 of Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Institutional Uses Adjacent to Residential Zones or Residential Uses. All buildings used for educational purposes, for institutional purposes classified as "Community Assembly" in Chapter 18.36 (Types of Uses), or for similar purposes shall have a landscaped setback of fifteen (15) feet from every boundary line of a property in any residential zone or a property developed with any residential use. Associated designated play areas shall also comply with this fifteen (15) -foot setback requirement. Parking areas shall comply with the structural setback requirements of the underlying zone. SECTION 34 That Chapter 18.40 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add new Section 18.40.090 to read as follows: 18.40.090 COUNCIL POLICIES. All references in Title 18 (Zoning) to "Council Policies" shall refer to documents in the Council Policy Manual on file in the Office of the City Clerk of the City of Anaheim, including amendments to such documents as may be approved from time to time by the City Council. SECTION 35. That the list of sections for Chapter 18.42 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Sections: 18.42.010 Purpose. 14 18.42.020 Engineering Standard Plans and Engineering Details Planning Details 18.42.030 Residential parking requirements. 18.42.040 Non - residential parking requirements. 18.42.050 Location of parking. 18.42.060 Parking dimensions and access. 18.42.070 Parking lot design. 18.42.080 Drive - through requirements. 18.42.090 Parking lot improvements and landscaping. 18.42.100 Loading requirements. 18.42.110 Parking variances. SECTION 36 That Section 18.42.020 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: IEEIKIXII D1►["1121DIDINII&FIRYY_\ 01117_ H III UMIU31_\0IIII _r_ratyry DETAILS AND PLANNING DETAILS All references in this ebapter Title 18 (Zoning) to " Engineering Standard Plans" or "Engineering Details" shall refer to documents on file in the Department of Public Works of the City of Anaheim including amendments to such documents as may be approved from time to time by the cx� City Engineer All references to "Planning Details" shall refer to documents on file in the Planning Department including amendments to such documents as may be approved from time to time by the Planninu Director. SECTION 37. That subsection .010 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 General. Residential off -street parking requirements for automobiles and similar vehicles shall be regulated by the type of use (Use Class) associated with the property. This section specifies the number of parking spaces for each residential use, regardless of the zoning district in which the use is located. .0101 Except as otherwise expressly provided in this section, the minimum number of spaces for a combination of uses shall be not less than the sum total of the requirements for each type of use to be established. .0102 For purposes of interpretation of this section, a bedroom is a private habitable room planned or used for sleeping, separated from other rooms by a door or similar partition. All rooms (other than a living room, family room, dining room, bathroom, hall, foyer, closet or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50 %) of the total length of 15 any wall open to an adjacent room or hallway, shall be considered a bedroom. A studio unit is a dwelling unit without a bedroom. .0103 In computing parking requirements, fractional numbers shall be rounded off to the nearest whole number, fractions of one -half (0.5) or more being counted as one (1) full space. .0104 Except as otherwise expressly provided in this chapter, all parking spaces shall conform to StandoW Detail No. 470 (Minimum Off Street Parking Dimensions), ns it may be revised from time to time the applicable Engineering Standard Details pertaining to off- street parking dimensions .0105 Garages or covered spaces shall be arranged such that parking in front of the garage or covered space shall not block access to another garage or covered space. .0106 For uses not listed, parking requirements shall be those determined to be reasonably necessary by the City Traffic and Transportation Manager. (Ord. 5944 § 20; Sept. 28, 2004) .0107 Required parking spaces shall be maintained and available for the parking of operable vehicles. SECTION 38. That subsections .020 and .030 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .020 Dwellings Multiple Family. .0201 The minimum required number of off -street parking spaces for Multiple - Family Dwellings shall be based upon -the total number of bedrooms as follows: Total Number of Bedrooms I Minimum Number of Parking Spaces per Unit Studio unit 1- bedroom 2- bedrooms 3 or more bedrooms 1.25 2.0 spaces 2.25 spaces 3.0 spaces (plus 0.5 space for each bedroom over 3 bedrooms) .0202 Guest Parking. Of the number of required parking spaces, one - quarter (0.25) space per dwelling unit shall be reserved and clearly marked for guest parking only and shall be readily accessible to motorists from contiguous streets and/or vehicle accessways. �IkII ms!"a" r E w rnrasr essx� teen hundred (100) feet of, nnd be readily neeessible to, the dwelling unit served. 16 Unassigned spnees proAded to satisfy parking requirements &r a dwelling unit shall he larRted i*ithim_ #i*a hufidFed (200) feet afthe unit Required parking spaces for residents and tenants in Multiple - Family Residential proiects shall be readily accessible and no fee shall be assessed for their use. .0204 Required parking spaees for residents and tenants iff MH!tiple Family Residential pFojeets shall be Feadily neeessible and m" fee shall be assessed &r their use. One (1) parking spaee may be assigned to eneh speeifie dwelling unit. The Winnee of the parking spnees for residents and tefl—afl—ts shall flot be assigned to speeifie dwelling units. Assigned Parking Spaces. Of the parking spaces required for Multiple - Familv Residential proiects under paragraph .0201, above, each dwelling unit in such proiect may be assigned not more than one (1) covered or uncovered parking space; provided that anv 2- bedroom or larger dwelling unit in such proiect may be assigned not more than two (2) Parking spaces in a private garage that is attached to, and directly accessible from, the dwelling unit served. All other required parking spaces, including guest spaces, shall be unassigned and readily accessible to residents and visitors. .0205 Tandem parking spnees shall not be permitted for Multiple Family Dwellings. Any assigned spaces shall be located within one hundred (100) feet of, and be readily accessible to, the dwelling unit served. Unassigned spaces provided to satisfy parking requirements for a dwelling unit shall be located within two hundred (200) feet of the unit served. .0206 PnAiing spnees in private garages, as defined in Seetion 18.92.100 ("C" Words, Terms ftfld Phrftses)of Chapter 18.92 (Defiffitioffs) shall not be permitted for Multiple Family DA Tandem Parking Spaces Prohibited. None of the parking spaces required for Multiple - Family Residential proiects under paragraph .0201, above, shall be tandem. .0207 Parking areas shall be screened by means of landscaping or architectural devices from adjacent public and private streets and properties and from living or recreational - leisure areas to a height of twenty -four (24) inches with the exception of line -of -sight requirements as shown on the applicable Engineering Standard Details pertaining to commercial driveway approaches .0208 Any interior walls of covered parking areas shall be finished with exterior finish material. Adequate bumper guards shall be provided to protect any interior walls from damage. .030 Dwellings - Single - Family Attached. The required parking spaces 17 for Attached Single - Family Dwellings shall comply with either subseetieu Paragraph .0301 or .0302, below. .0301 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings - Multiple Family in subsection 18.42.030.020 above. ; provided that private garages mn eommon interest development, as defined in Seetion 1351 of the California Civil Code, subjeet to all the following eriterin: .0i Efkeh private garage shall be aftnehed to and a PoFtion of the Attfieked Single Ffifflib- Dwelling- two (2) parking spnees. The other required parking spaees ineluding the guest spnee shall eomply with subseetion 18.42.030.020. .03 No tandem parking shall be permitted in front o nearest edge of the eontiguous sidewalk, street or vehiele neeess whiehever is elosest, shall be five (5) feetz exeept that tandent parking ma spnees and when loented in front of a private garage. , .0302 The minimum number, location and design of parking spaces shall be the same as those specified for Dwellings - Single - Family Detached in Section subsection 18.42.030.040. SECTION 39. That paragraph .0402 of subsection .040 of Section 18.42.030 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0402 Parking spaces located in tandem to a garage may be permitted to encroach into the required front or street setback. All other spaces shall be located outside the required €taut street setback, and shall be provided and maintained in an accessible location on the lot, as approved by the Planning Director and illustrated in Planning Detail No. P -1 (Driveway Cuts for Single - Family Residences — Designs Permitted and Not Permitted). SECTION 40. That the `Required Spaces' column in Table 42 -A (Non - Residential Parking Requirements) for the Use Class entry Day Cave Centers' in Section 18.42.040 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as shown in the attachment labeled "Table 42 -A." 18 SECTION 41. That subsection .010 of Section 18.42.050 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Residential Uses. Required off -street parking spaces for all single - family residential uses of property shall be located on the same lot as the dwelling unit, or for multiple - family residential uses units or single- family dwellings, either attached or detached, in a condominium or other common interest development, as defined in Section 1351 of the California Civil Code, the required off - street parking shall be located on the same project site for which such parking is required. The parking spaces and accessways shall at all times be maintained in a manner capable of typical vehicular ingress and egress. All required enclosed parking spaces shall be equipped with a functioning garage door. SECTION 42. That subsection .020 of Section 18.42.060 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Driveway Cuts for Single- Family Residences. Driveway cuts for single- family residences shall comply with Planning Detail No. P -1 (Driveway Cuts for Single - Family Residences — Designs Permitted and Not Permitted), as adopted by resolution of the Planning Commission approved by the Planning Director SECTION 43. That subsection .040 of Section 18.42.070 of Chapter 18.42 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Tandem Parking. Tandem parking for required off -street parking spaces shall be prohibited except as otherwise expressly authorized in this chapter or as otherwise specified by the underlying zone SECTION 44. That subsection .020 of Section 18.44.110 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 On -Site Directional Signs. For each vehicular entrance in any zone except single - family residential zones, there may be erected within the required landscape setback one (1) illuminated, single- or double -faced sign displaying the word "In," OF "Out," "Enter," "Parking," "Entrance" or "Exit," and which may include a logo and ee and/or directional arrows. Signs with other 19 text such as "Service," "Loading" or "Unloading" may be approved by the Planning Director. Smigas An on -site directional sign may be freestanding, monument -type or w-A mounted on a building wall Each face of the such sign shall not exceed four (4) square feet in sign area, and, if a A monument or freestanding sign, shall not exceed four (4) feet m height all and a building wall - mounted ee feeestan ding signs shall not exceed a height of six (6) feet in height as measured from the finished grade directly below such sign. All directional signs shall comply with line -of -sight distance requirements set forth in subsection 18.44.080.080. SECTION 45. That subsection .070 of Section 18.44.110 of Chapter 18.44 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Window Signs. Signs on the inside of windows of commercial or industrial buildings are allowed, provided all such permanent and temporary signs shall obscure no more than ten percent (10 %) of the total transparent area of any window surface. No signs shall be allowed on the outside of any windows of commercial or industrial buildings. SECTION 46. That the `Industrial Zone' and `Special Provisions' columns in Table 46 -A (Required Walls and Fences) for the entry Enclosing Outdoor Storage' in Section 18.46.110 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as shown in the attachment labeled "Table 46 -A." SECTION 47. That subsection .090 of Section 18.46.110 of Chapter 18.46 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .090 Enclosure of Outdoor Uses. The perimeter of any portion of a site upon which any outdoor use of an industrial nature, including storage, is permitted shall be enclosed to a height of not less than six (6) feet eithee by one of the following: (a) solid masonry or building walls; (b) chain link fencing entirely interwoven with PVC, simulated wood slats, or other durable material as deemed appropriate by the Planning Director including any additional material needed to provide an effective screen such as scrim, only when not visible to the public right -of -way or abutting industrially zoned property; (c) landscaped earthen berm; or (d) any combination thereof. .0901 The color and materials of the any wall or fence shall be compatible with any on -site buildings. .0902 Adjacent to any street frontage, any outdoor use enclosed by chain link fencing shall be view - screened from the street as follows: 20 .01 Where visible from public view, the fencing, other than gates, shall further be screened by fast - growing vines and/or shrubbery to prevent visibility into the outdoor area. .02 Non - deciduous trees of a size of not less than twenty -four (24) inch box, shall be planted on maximum twelve (12) foot centers along and adjacent to the entire fence within the required street setback area. Additionally, layered landscaping shall be utilized in the required setback area. .0903 All required planting areas shall be provided with hose bibbs bibs, sprinklers or similar permanent irrigation facilities and shall be permanently maintained in a healthy, safe and attractive state as a condition of use. SECTION 48. That the list of sections for Chapter 18.56 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Sections: 18.56.010 18.56.020 18.56.030 18.56.040 18.56.050 Purpose. Nonconforming lots. Nonconforming uses. Nonconforming structures. Nonconforming multiple - family dwellings 18.56.060 Nonconforming signs. 18.56.070 Nonconforming parking and landscapinE 18.56.080 Nonconforming landscaping and fences. 18.56.090 Uses and structures made nonconforming by annexation. 18.56.100 Amortization. 18.56.110 Public nuisances. SECTION 49. That Section 18.56.070 of Chapter 18.56 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.56.070 NONCONFORMING PARKING AND LANDSCAPING .010 Effect on Status of Use or Structure. For non - residential and multiple - family residential uses, any use or structure that does not comply with the parking requirements of Chapter 18.42 (Parking and Loading), but is otherwise in conformance with this title, shall be permitted to do the following: .0101 Continue existing use; or .0102 Change to another permitted use with the same or lower parking requirement. 21 .020 Expansion of Use or Building. For non - residential and multiple - family residential uses, any expansion of the use or building, or change to a use that requires more parking, the expansion or change shall comply with the provisions of Chapter 18.42 (Parking and Loading) and Chapter 18.46 (Landscaping and Screening). Re- striping of the entire parking area shall comply with the current code in striping and stall size as approved by the City Traffic and Transportation Manager. All new parking stalls shall comply with current code. .030 Expansion of Single- Family Residence. A single - family dwelling that does not comply with current parking requirements is allowed a one -time expansion of not more than (50, of the square footnge of the house six hundred fifty (650) square feet for houses in the RS -2, RS -3 and RS -4 (Single - Family Residential) zones and eight hundred fifty (850) square feet for houses in the RS -1 (Single - Family Residential), R11-1, RH -2 and R11-3 (Single - Family Hillside Residential) zones, provided the addition does not preclude the possibility of compliance with the parking requirements in the future. Any addition ° the square footage of the home or exceeding six hundred fifty (650) square feet, or eight hundred fifty (850) square feet when permitted by the underlying residential zone, or any addition that results in a higher parking requirement than the minimum required for $ the single - family home, shall comply with Ssubsection 18.42.030.030 (Residential Parking Requirements), except as may otherwise be permitted by subsection 18.60.020.040 (Modifications Related to Nonconformities) of Chapter 18.60 (Procedures) SECTION 50. That the list of sections for Chapter 18.58 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Sections: 18.58.010 18.58.020 18.58.030 18.58.040 18.58.050 18.58.060 18.58.070 Purpose. Definitions. Affordability and Occupancy Standards Density Bonus. Parking Incentive. Development Incentives. Pre -file Process. 18.58.080 Application Submittals. 18.58.090 Determination of Application Completeness. 18.58.100 Modification of Application. 18.58.110 Action on Application. 18.58.120 Notice of Approval or Denial. 18.58.130 Appliention ReAew—, Appeal - General 18.58.140 Time to Exercise Entitlement. 18.58.150 Affordable Housing Agreement. 18.58.160 Conflict with Other Laws. 22 18.58.170 Penalty for Violations. SECTION 51. That the title of Section 18.58.130 of Chapter 18.58 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.58.130 APPLICATION I A TION REVIE "; APPEAL - GENERAL SECTION 52. That the subsection .040 of Section 18.60.020 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 Modifications Related to Nonconformities. The Zoning Administrator shall consider and make a decision or recommendation on an application based on the findings set forth in subsection 18.62.040.060 (Findings) for the following nonconformities: modifications of standards for nonconforming lots as set forth in Section 18.56.020 (Nonconforming Lots), of Chapter 18.56 (.Non eonfor-mitiesya*d modifications of use for nonconforming uses as set forth in subsection 18.56.030.030 (Modification of Use), and maximum permitted expansion of single- family dwellings with nonconforming parking as set forth in subsection 18.56.070.030 (Expansion of Single- Family Residence) of Chapter 18.56 ( Nonconformities). .0401 The Zoning Administrator shall approve, conditionally approve or deny the modification(s) based on all applicable provisions of Chapter 18.56 ( Nonconformities) and other provisions of this title applicable to the zone in which the subject property is located. .0402 Any action of the Zoning Administrator to approve, conditionally approve or deny a permit application shall be taken in a meeting open to the public. Notice of the meeting shall not be required before such action. SECTION 53. That subsection .030 of Section 18.60.130 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .030 Timeframes. .0301 Request for Review. Any request for review initiated by the granting authority, or by two (2) or more members of the City Council, shall be made by motion duly adopted by the granting authority, or orally or in writing to the City Clerk by two (2) or more members of the City Council, within the following time periods subsequent to the decision of the granting authority. .01 Seven (7) days after the decision on a tentative 23 parcel map approval, tentative tract map approval, or special circumstances waiver by the approval authority; .02 Twelve (12) days after the decision of the Zoning Administrator on a administrative adjustment, conditional use permit, variance, or other permit not listed in subparagraph .01 above; and .03 Eighteen (18) days after the decision of the Planning Commission on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subparagraph .01 above. .0302 Appeals. An appeal must be filed within the following time periods subsequent to the decision of the granting authority. .01 Ten (10) days after the decision on a tentative parcel map approval, tentative tract map approval, or special circumstances waiver by the approval authority; .02 Fifteen (15) days after the decision of the Zoning Administrator on a administrative adiustment, conditional use permit, variance, , or other permit not listed in subparagraph .01 above; and .03 Twenty two (22) days after the decision of the Planning Commission on a conditional use permit, variance, reclassification of property from one zone or district to another, or other permit not listed in subsection .01 above. SECTION 54. That paragraph .0204 of subsection .020 of Section 18.60.170 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0204 The subject property is being maintained in a safe, clean and aesthetically pleasing condition with no unremediated code violations on the property, as confirmed by an inspection of the subject property by the Code En€ereement Community Preservation Division. Cost of inspection is established pursuant to subsection .030 of Section 1.01.389 (Enforcement of the Code Community Preservation Officer Inspection and Reinspections Fees) of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. SECTION 55. That subsection .030 of Section 18.60.200 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 24 .030 Notification. Upon the revocation, modification or reaffirmation of any land use permit, the Planning Department shall prepare and mail to the permittee and the property owner a formal written notice of the Planning Commission's action. If the permit is revoked, the notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use, and shall further inform them that failure to cease the use shall be subject to enforcement and penalties as set forth in Section 1.01.389 (Enforcement of the Code - Community Preservation Officer - Inspections and Reinspections - Fees). SECTION 56. That Section 18.60.210 of Chapter 18.60 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: �:.1 l r ;u u: r•. • � ;u The Planning Commission on its initiative, or at the request of City staff, or request of the property owner or the Zoning Administrator when he or she is the approval authority, may initiate a proeess to terminate any permit that is no longer in use. .010 Initiation. if the proeess is initiated by the Pin­—. le Commission, the property owner ftnd permittee if different from the pr-opeFty owner-, shnil be notified pepsonally or through the U.S. Po sp,twip'p, At Wast 10 days prior- to fifty Retion being taken. if the PFOPeFty owner protests the termination or fails to repty prior- to netion being taken not eontintte to The process to terminate any permit that is no longer in use may be initiated by the property owner, by the Planning Commission on its initiative, or at the request of city staff. .020 -Planning Commission Aytion_ The, n4 to tp+minntp, shall hp, plueed on the agenda of a regularty seheduled Planning Commission meeting. Notification. If the process to terminate any petition that is no longer in use is initiated by the Planning Commission or at the request of city staff, the property owner and the permittee if different from the property owner, shall be notified personally or through the U.S. Postal Service at least ten (10) days prior to any action being taken. If the property owner protests the termination or fails to reply prior to action being taken, the proposed action shall be considered a revocation and shall be processed pursuant to Section 18.60.200 (City- Initiated Revocation or Modification of Permits); provided, however, that a permittee who does not continue to legally occupy 25 the property shall not have the authority to affect the termination. .030 Planning Commission or Zoning Administrator Action. The action to terminate shall be placed on the agenda of a regularly scheduled Planning Commission or Zoning Administrator meeting. SECTION 57. That Section 18.68.030 of Chapter 18.68 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.68.030 INITIATION. foe A General Plan amendment may be initiated as prescribed in this section. .010 Petition. An amendment may be initiated by the verified petition of one (1) or more owners of property affected by the proposed amendments, which petition shall be filed with the Planning Department and shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees). .020 City Council. An amendment may be initiated by motion of the City Council. .030 Planning Commission. An amendment may be initiated by motion of the Planning Commission. .040 Staff. An amendment may be initiated by the Planning Director. SECTION 58. That subsection .010 of Section 18.76.030 of Chapter 18.76 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Reclassification. A reclassification of property from one zone or district to another zone or district through a change to the boundaries of the Zoning Map is subject to the following provisions: .0101 Petition. A reclassification may be initiated by the verified petition of one (1) or more owners of each property affected by the proposed amendment, which petition shall be filed with the Planning Commission and shall be accompanied by a fee as prescribed in Chapter 18.80 (Fees), no part of which shall be returnable to the petitioner. .0102 City Council. A reclassification may be initiated by motion of the City Council. .0103 Planning Commission. A reclassification may be initiated by motion of the Planning Commission. 26 .0104 Staff. A reclassification may be initiated by the Planning Director. SECTION 59. That Sections 18.76.050 and 18.76.060 of Chapter 18.76 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: 18.76.050 ACTION BY PLANNING COMMISSION. .010 Map amendment. The Planning Commission shall review and approve or deny any zoning map amendments. .0101 Hearing required. The Planning Commission shall hold a public hearing on the proposed amendment as specified in Chapter 18.60 (Procedures). .020 Text amendment. The Planning Commission shall review and recommend approval or denial of any text amendments. .0201 Motion required. The Planning Commission shall review the proposed amendment as a *en- public hearing item on the Planning Commission Agenda and shall by motion, recommend approval or denial for any text amendments. 18.76.060 ACTION BY CITY COUNCIL. .010 Recommendation for approval. Upon receipt of the formal recommendation of approval by the Planning Commission regarding a proposed change in the text of this title or the zoning map, the City Council shall introduce and adopt or reject an ordinance that makes the proposed changes for said amendment. .020 Recommendation for denial. Upon receipt of the formal recommendation of denial by the Planning Commission regarding a proposed change in the text of this title or the zoning map, the City Council shall take no further action unless an appeal is €fled initiated in accordance with the procedures set forth in Section 18.60.130 (Appeals — General) of Chapter 18.60 (Procedures). .030 Public Hearing. If an appeal is initiated under the procedures set forth in Section 18.60.130 (Appeals — General) of Chapter 18.60 (Procedures), after a decision by the Planning Commission making a formal recommendation for approval or denial regarding a proposed change in the text of this title or the zoning map, the City Clerk shall set the matter for public hearing and shall give notice thereof as required by state law. 27 SECTION 60. That Section 18.90.100, which consists of an introductory paragraph and Table 90 -A (Zone Correspondence), of Chapter 18.90 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows and as shown in the attachment labeled "Table 90 -A ": 18.90.100 FORMER ZONES New zones are established for the City as of the effective date of this section. or upon adoption of subsequent ordinances replacing existing zones with new zones In order to provide a smooth transition from the former zones to the current or new zones, the relationship of the eurrent former to the new zones is shown in Table 90 -A (Zone Correspondence). SECTION 61. That Section 18.92.040 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add, in alphabetical sequence, the following definition for "Adult Day Care," to read as follows: "Acres, Net." The overall acreage of an area excluding public and private streets and alleys. "Adult Dav Care Center." An establishment or home that care, protection and supervision of adults, aged eighteen (18) or older, for periods of less than twenty -four (24) hours per day, while the guardians of such adults are away. "Alcohol, Off - sale." The sale of alcoholic beverages to consumers for consumption off the premises where sold, in accordance with a valid off -sale license issued by the State of California. SECTION 62. That the introductory paragraph in subsection .020 of Section 18.110.040 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .020 Parcel 4d - Mixed Uses Consisting of Attached Multiple - Family Housing and Commercial/Retail Uses. Except as otherwise specified herein, the standards of the "RM -4 Multiple - Family Residential Zone in Chapter 18.06 (Multiple - Family Residential Zones) and the Criteria for- Deek Type Ho Pr-ejeets shall apply. W . SECTION 63. That the introductory paragraph in subsection .030 of Section 18.110.040 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .030 Parcel 14N - Attached Multiple - Family Housing. Except as otherwise specified herein, the standards of the " RM -4 Multiple - Family Residential Zone in Chapter 18.06 (Multiple - Family Residential Zones) and the Criteria for- Deek Type Housing Pr-ojeets shall apply. SECTION 64. That paragraph (k) of subsection .060 of Section 18.110.040 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: (k) Private Street Widths. Private streets other than main entries shall have minimum widths of twenty -five (25) feet. Private entry streets shall comply with the latest revision of Engineering Standtir-d No. 122 pertaining to pAvate streets, as adopted by the Publie WoAis Engineering Departmen the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to private streets SECTION 65. That the introductory paragraph in subsection .010 of Section 18.110.050 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .010 Parcel 14N. The land use standards of the "RM -4" Multiple - Family Residential Zone in Chapter 18.06 (Multiple- Family Residential Zones) and the eriter-in for Deek Type Housing pr-ojeets shall apply. SECTION 66. That paragraph (a) of subsection .040 of Section 18.110.050 of Chapter 18.110 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: (a) Residential. Attached, deck -type, multiple - family housing shall be permitted, subject to the provisions for the "RM -4" Multiple - Family Residential Zone in Chapter 18.06 (Multiple - Family Residential Zones) snd thp, "Grt44n for Peek Type Housing "= except as otherwise provided in this chapter. tiL' SECTION 67. That paragraph .0903 of subsection .090 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0903 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty -four (24) inches in height, except as approved by the Transportation and Traffic Manager, shall be permitted within the " Arterial Highway and Commercial Drive Approach" area as defined by Engineering Stgn—Flai-d Dptnil No 43:7 the applicable Engineering Standard Details on file in the office of the Director of Public Works All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this chapter. SECTION 68. That paragraph .1005 of subsection .100 of Section 18.114.050 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .1005 Screening of Surface Parking Areas. Where surface parking is visible from an adjacent public street, such parking areas shall be screened with landscaping. Said landscaping area shall consist of: (a) shrubs or bushes which can attain a minimum height of thirty -six (36) inches within five (5) years of installation; (b) landscaped berms with a minimum height of thirty -six (36) inches (including the mature height of landscape planted thereon); or (c) decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan and the Engineering " applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 69. That subparagraph .02 of paragraph .0302 of subsection .030 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .02 Engineering Standard Details No. 13 pertaining to (C-commercial Ddrive f4approache shall not apply to the parking facility. (Ord. 5580 § 26; October 22, 1996.) 30 SECTION 70. That subsection .080 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .080 Parking Markings and Separations. With the exception of parking spaces and facilities located in the Parking District and/or for theme park and retail entertainment center uses, all parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with the for- Struetures), applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off - street parking and parking structures Parking shall be separated from buildings, sidewalks and plazas by landscaped areas having a minimum width of five (5) feet. Parking shall be separated from any abutting property line, by a minimum six (6) inch curb, and shall be screened from view of public rights -of -way and adjacent properties. (Ord. 5580 § 27A; October 22, 1996.) SECTION 71. That the subsections .120 and. 130 of Section 18.114.110 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .120 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways in the Hotel District, (except for parking for theme park and retail entertainment center uses), District A and the C -R and Pointe Anaheim Overlays only shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Design) and 18.42.070 JParking Lot Design) and for- Str-uetur-es) the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off - street parking and parking structures except as follows: .1201 Maximum Curb Openings per Street Frontage. A maximum of twenty -five percent (25 %) of any street frontage may be used for curb openings; except when the street frontage is less than one hundred (100) feet but not less than twenty -five (25) feet, in which case there shall be a maximum of one (1) twenty -five (25) foot wide curb opening. The maximum number of curb openings per street frontage shall not exceed the following standards: .01 Parcel frontage three hundred (300) feet or less: One (1). .02 Parcel frontage three hundred one (301) to six hundred (600) feet: Two (2). 31 .03 Parcel frontage greater than six hundred (600) feet: Four (4). .04 One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels subject to the approval of the City's Traffic and Transportation Manager. .05 Access required and limited to emergency vehicles or access to utility easements shall not be considered as curb openings as provided in this section. .1202 Driveway Separation and Spacing. There shall be a minimum distance of thirty -six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1203 Driveway Width Dimensions. Driveways shall be a minimum of twenty -five (25) feet wide in accordance with the Design Plan, with wider widths subject to the approval of the City's Traffic and Transportation Manager based on sound engineering practices. .1204 Curb Return. The curb cut shall provide a minimum radius curb return and sight distance clearance in accordance with the Engineering Standnrd Detail No. 137 (Commereial Drive Appr applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches or as otherwise approved by the City's Traffic and Transportation Manager based on sound engineering practices. .1205 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40) feet shall be provided, measured from the nearest point of the ultimate street right -of -way line to the nearest point of the on -site parking area or on -site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry drive, in accordance with Loention Plan the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to driveway locations (Ord. 5580 § 29; October 22, 1996: Ord. 5689 § 7; July 13, 1999.) .130 Truck Loading. Truck loading facilities shall comply with the requirements of Section 18.42. 100 (Loading Requirements) and Engineering the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to truck dock standards A minimum of one (1) truck dock or truck loading area shall be provided for each hotel or motel. 32 SECTION 72. That subparagraph .02(c)(iv) of paragraph .0201 of subsection .020 of Section 18.114.130 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: (iv) An IRD sign may encroach into the required minimum setback abutting the adjacent public right -of -way provided that the location of the sign shall comply with APPFOHeh) the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches and relating to line -of -sight standards. SECTION 73. That subparagraph .02(f)(ii)a of paragraph .0201 of subsection .020 of Section 18.114.130 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: a. The feature landscape element may extend into the required setback area adjacent to a public right -of -way provided that a minimum seven (7) foot setback from the public right -of -way shall be maintained and provided further that the element shall comply with the City's applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches and relating to line -of -sight distance standards. SECTION 74. That paragraph .0212 of subsection .020 of Section 18.114.130 of Chapter 18.114 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0212 Minimum Sight Distance Requirements for Freestanding Signs. A line -of -site triangle is hereby established at each corner of every intersection of two (2) streets. Two (2) legs of the triangle shall extend twenty -five (255) feet along the ultimate right -of -way line of each street right -of -way (except at the intersection of Harbor Boulevard and Katella Avenue where the legs of the triangle shall extend twenty-five (25) feet along the back of the sidewalk) and the third leg shall connect the termini of each of the other two (2) legs. No sign above twenty -four (24) inches (as measured from the finished grade of the adjacent sidewalk) in height shall be permitted within the line -of -site triangle. Any freestanding sign installation located within fifty (50) feet of any driveway, including driveways on adjacent properties, shall meet the provisions of the 33 applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 75. That paragraph .0522 of subsection .050 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0522 Restaurants (with public entertainment pursuant to and as defined in Chapter 18.92 (Definitions )-,;, walk -up only restaurants; or fast food only restaurants SECTION 76. That paragraph .1001 of subsection .100 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .1001 Vehicle Sight Distance to be Maintained. No landscape materials or other elements exceeding twenty -four (24) inches in height shall be permitted within the "Commercial Drive Approach" area as defined by Engineering Standard Dptnil No 13:7 the applicable Engineering Standard Details on file in the office of the Director of Public Works All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this chapter. SECTION 77. That paragraph .1105 of subsection .110 of Section 18.116.070 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .1105 Screening of Parking Areas. Where parking is visible from a public right -of -way, the parking shall be screened with a landscape area in compliance with the Design Plan. Said landscape area shall consist of: .01 shrubs or bushes which can attain a minimum height of thirty -six (36) inches within two (2) years of installation; .02 landscaped berms with a minimum height of thirty -six (36) inches (including the mature height of landscape planted thereon); or .03 decorative walls or fences upon which are planted clinging vines, and shall be landscaped, irrigated and maintained in compliance with the Design Plan and the Engineering Standard Detail No. 137 entifled, " :' applicable Engineering Standard Details on 34 file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 78. That subsection .070 of Section 18.116.110 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .070 Parking Markings and Separations. All parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with Engineering Standard Detail No. 601 E/602 E (Minimum (Par-king Dimensions for " the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off - street parking and parking structures Parking shall be separated from buildings by landscaped areas having a minimum width of five (5) feet. Parking shall be separated from any abutting property line by sideyard side yard setback landscaping and by a minimum six (6) inch curb, and shall be screened from view of public rights -of -way and adjacent properties in compliance with the Design Plan. SECTION 79. That subsection .110 of Section 18.116.110 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .110 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Access) and 18.42.070 (Parking Lot Design), and Engineering Standard Detail No. 601 E/602 E (Minimum Off Stmet Par-king Dimensions) and Engineering Standard Detail No. 604 A (Par4in Dimensions for Struetures) the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off - street arking and parking structures, except as follows .1101 Maximum Curb Openings per Street Frontage. The maximum number of curb openings per street frontage shall not exceed the following standards: .01 Parcel width three hundred (300) feet or less: One (1). .02 Parcel width over three hundred (300) feet: Two (2). .03 One (1) additional curb opening may be allowed if it is used as legal access to one (1) or more adjacent parcels. .1102 Driveway Separation and Spacing. There shall be a minimum distance of thirty -six (36) feet between driveways (nearest driveway edge to nearest driveway edge) serving the same parcel, and a minimum distance 35 of forty (40) feet between driveways (nearest driveway edge to nearest driveway edge) serving adjacent parcels. .1103 Driveway Width Dimensions. Driveways shall be a minimum of twenty -four (24) feet wide, and a maximum of thirty -five (35) feet wide, with wider widths subject to the approval of the City's Traffic and Transportation Manager based on sound engineering practices. .1104 Curb Return. The curb cut shall provide a minimum radius curb return and sight distance clearance in accordance with ERgiBeeFiB g Standard Detail No. 137 (Commereial Drive Appr the applicable Engineering Standard Details on file in the office of the Director of Public Works or as otherwise approved by the City's Traffic and Transportation Manager based on sound engineering practices. .1105 Entry Drive Dimension. A minimum entry driveway (throat) of forty (40) feet shall be provided, measured from the nearest point of the ultimate street right -of -way line to the nearest point of the on -site parking area or on -site vehicular accessway to said parking area. Parking shall be designed so as to preclude a car from backing out of a stall and into the forty (40) foot entry driveway in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to driveway locations SECTION 80. That subsection .130 of Section 18.116.110 of Chapter 18.116 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .130 Truck Loading. Truck loading facilities shall comply with the requirements of Section 18.42. 100 (Loading Requirements) and Engineering the applicable Engineering Standard Details on file in the office of the Director of Public Works. A minimum of one (1) truck dock or truck loading area shall be provided for each hotel or motel. SECTION 81. That subsection .040 of Section 18.118.030 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .040 "D" Words Terms and Phrases. .0401 Development. The improvement of the property for purposes of constructing the structures, improvements and facilities comprising the project as set forth in the Specific Plan, including, without limitation: grading; the construction of infrastructure and public facilities relating to the project 36 whether located within or outside the property; the construction of any structure; and the installation of utilities and landscaping. .0402 Drive. An on -site vehicular passageway between Clementine and Zeyn Streets for the exclusive use of the occupants of a project or property and their guests. A drive shall not be considered a street. Parking shall be permitted on a drive provided the drive complies with Engineering Standard Detai N o. 602 the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off - street parking dimensions .0403 District A. That portion of the Specific Plan Area comprising approximately 5.95 acres and more particularly described in Attachment A of Ordinance No 5614. .0404 District B. That portion of the Specific Plan area comprising approximately .85 acre and more particularly described in Attachment B of Ordinance No. 5614. (Ord. 5614 § 1; October 21, 1997.) SECTION 82. That subsection .050 of Section 18.118.112 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 Sight Distance. No landscape materials or other elements exceeding twenty -four (24)- inches in height shall be permitted within the "Commercial Drive Approach" area as defined by Engineering Stnndar De the applicable Engineering Standard Details on file in the office of the Director of Public Works All living landscaping must be maintained, pruned or trimmed in a manner which complies with the requirement contained in this subsection. (Ord. 5444 § 1 (part); August 16, 1994.) SECTION 83. That subsection .010 of Section 18.118.114 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .010 Screening at Public Rights -of -Way. Where parking is visible from a public right -of -way, the parking shall be screened with a landscaped area. Said landscaped area shall consist of thirty-six (36) inch high screen -type shrubs, bushes, or vine covered wall and/or berming, and shall conform to Engineering Standard Detail No. 137 entitled "Gommerein! Dt4w " the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches 37 SECTION 84. That subsection .100 of Section 18.118.120 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .100 Parking Markings and Separations. All parking spaces shall be clearly and permanently outlined on the surface of the parking facility in accordance with Engineering Standard Detail No. 601 entitled "Minimum Design Off Street Parking Dimensions," Engineering Standard Detail No. the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off - street parking and parking structures except as provided in this Chapter. Parking shall be separated from any abutting property line by a minimum six (6) inch curb with the exception of driveway areas between properties, where no such curb shall be required. SECTION 85. That subsection .150 of Section 18.118.120 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .150 Parking Space and Access Design. Layout and design of parking areas and vehicle accessways shall comply with the requirements of Sections 18.42.060 (Parking Dimensions and Access) and 18.42.070 (Parking Lot Design) and Engineering Standard Detail No. 602, entitled " Detail No. 604 A entitled "Parking Dimensions for " the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to off - street narking for non - residential uses and narking structures except as provided in this Chapter SECTION 86. That subsection .210 of Section 18.118.120 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .210 Curb Return. The curb cut shall have a minimum fifteen (15) foot radius curb return and sight distance clearance in accordance with Engineer-in " the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches (Ord. 5444 § 1 (part); August 16, 1994.) tu SECTION 87. That subsection .050 of Section 18.118.143 of Chapter 18.118 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .050 Location. All future establishment signs shall be located in the middle thirty percent (30 %) of the street frontage except for corner lot sign locations where said sign shall be set back a minimum distance of thirty -five (35) feet from the intersection at the two property lines forming the street intersection in accordance with the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 88. That the list of sections for Chapter 18.120 the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: Sections: 18.120.010 Purpose and Intent. 18.120.020 Definitions. 18.120.030 Methods and Procedures. 18.120.040 Development Review and Permits. 18.120.050 Zoning Land Use and Development Standards Industrial Area (Development Area 1). 8.120.060 Zoning Land Use and Development Standards Industrial Area Recycling Overlay Area (Development Area IA). 18.120.070 Zoning Land Use and Development Standards Expanded Industrial Area (Development Area 2). 18.120.080 Zoning Land Use and Development Standards La Palma Core Area (Development Area 3). 18.120.090 Zoning Land Use and Development Standards Transit Core Area (Development Area 4). 18.120.100 Zoning Land Use and Development Standards Commercial Area (Development Area 5). 18.120.110 Zoning Land Use and Development Standards Open Space Area (Development Area 6). SECTION 89. That the title of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.120.050 ZON4NG LAND USE AND DEVELOPMENT STANDARDS INDUSTRIAL AREA (DEVELOPMENT AREA 1). Wt SECTION 90. That paragraphs .0902 through .0907 of subsection .090 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .0902 Abutting any arterial highway other than collector streets, setbacks of fifty (50) to sixty -five (65) feet shall be provided as follows: (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right -of -way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (b) If parking is to be provided in front of the building, the minimum building setback shall be sixty -five (65) feet. The first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the remaining fifty five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. .0903 fe) Abutting collector streets, a structural setback of not less than twenty -five (25) feet with a minimum ten (10) feet adjacent to the ROW fully landscaped including a minimum of one (1) tree planted for every twenty (20) linear feet of frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. The remainder of the required setback area shall be limited to parking and /or vehicular circulation. 0403 .0904 Abutting the Riverside (SR -91) Freeway rights -of -way, freeway frontage roads, (including any freeway transition road and on- or off - ramp) minimum setbacks of thirty (30) to one - hundred (100) feet shall be provided as follows: (a) If no parking is to be provided between the ROW and the building, the minimum building setback shall be fifty (50) feet with a minimum thirty (30) foot wide, fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree planted per twenty (20) linear feet of ROW 1 , frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining twenty (20) feet of required setback area, which may be used for a service -aisle (parallel to the freeway) but not for parking, shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet of that remaining setback area. (b) If parking is to be permitted between the ROW and the building, the minimum building setback shall be one hundred (100) feet with a minimum thirty (30) foot wide fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining seventy (70) feet of required setback area shall be planted with a minimum of one (1) tree per two thousand three hundred (2,300) square feet in addition to a minimum of one (1) tree per four (4) parking stalls. (c) Abutting freeway frontage roads or any on- or off -ramp, the minimum building setback shall be thirty (30) feet. The minimum thirty (30) foot wide required setback area shall be fully landscaped including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a three (3) foot high shrub screen planted parallel to the ROW unless the freeway frontage road or on- or off -ramp is substantially elevated or below the grade of the freeway right -of -way, in which case, no shrub screen shall be required. .0904 .0905 Abutting local streets a setback of not less than five (5) feet, fully landscaped including a minimum of one (1) tree for every twenty (20) linear feet of street frontage. 0005 .0906 Side and Rear Setbacks. None required except where a lot sides or rears upon any residential zone. When this situation exists, the height of any building or structure shall not exceed the height limitation of paragraph 18.120.050.080.0802. (a) The provision for side and rear yards specified above shall not apply when the lot is adjacent to any "T" Transition zoned property upon which a resolution of intent for nonresidential uses has been approved. .0906 .0907 Service Station Setbacks. Pump islands may be placed within the setback area and may be sheltered by either a separate structure or a sheltering structure attached to the main building. All required landscaping shall be in accordance with adopted service station site development standards contained in Section 18.38.070 (Automobile Service Stations) of Chapter 18.38 (Supplemental Use Regulations). .0907 .0908 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be planted so as not to conflict with future sidewalks. Plants within the public right -of -way, with the exception of trees, shall not exceed thirty- six (36) inches in height, and shall further be subject to City of Anaheim Engineering Standard No. 137 entitled "Gommerein! Drive " the FM applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 91. That paragraph .1503 of subsection .150 of Section 18.120.050 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .1503 The use or uses shall be subject to Community Preservation Division inspections, as often as required by that Division, to ensure compliance with all applicable regulations of this Development Area. SECTION 92. That the title of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 18.120.060 ZONING LAND USE AND DEVELOPMENT STANDARDS INDUSTRIAL AREA RECYCLING OVERLAY AREA (DEVELOPMENT AREA IA). SECTION 93. That subsection .010 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .010 Permitted Primary Uses and Structures. The permitted primary uses and structures in Development Area 1 shall be permitted in the Recycling Overlay Area (Development Area IA), except that banks and Sex Oriented Businesses shall not be permitted. In addition to the foregoing, the following buildings, structures and uses, either singly or in combination, may be permitted in the Industrial Area Recycling Overlay Area subject to the limitations provided hereinafter. .0101 Outdoor storage of recycled materials awaiting shipment, subject to all state and county permits, related to waste recycling facilities and operations except for materials identified in paragraph 18.120.060.050.0501(i) (a) and subject to the site enclosure and screening requirements of subsection 18.120.060.120. .0102 Recycling/resources recovery transfer facilities and trash transfer facilities, including large collection processing facilities and yards for recycling purposes, except for materials identified in paragraph 18.120.060.050.0501(i) (a) subject to valid applicable state and county permits, the requirements of this chapter, and further subject to the following: 5% (a) All uses permitted by this section shall be maintained in such a manner that outdoor storage areas and operations shall be screened from view from public rights -of -way (except when said rights -of -way are substantially elevated) by sufficient landscaping and a solid masonry or other opaque material wall, as approved by the Planning Director. (b) The use or uses permitted by this subsection, shall not be detrimental to surrounding land uses, public health, safety or general welfare. (c) The use or uses permitted, may be subject to Code En€ereement Community Preservation Division inspections, as often as required by that Division, to ensure compliance with all applicable regulations of this Development Area, at the cost of the business owner. SECTION 94. That subsection .050 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .050 Conditional Uses and Structures. Except as set forth below, the conditional uses and structures in Development Area 1 may be permitted in this Development Area IA subject to a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits). .0501 The following buildings, structures and uses shall be permitted in this Development Area IA subject to a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits). (i) (a) Recycling/resources recovery transfer facilities (indoors or outdoors) involving hazardous substances /waste subject to the requirements of Chapter 18.48 (Recycling Facilities). .0502 The following buildings, structures and uses shall be prohibited in this Developments Area IA. sales. (i) (a) Bowling alleys, with or without alcohol (ii) N Churches. (iii) (c) Large collection facilities except as identified in subsection 18.120.060.010.0102 for recycling purposes subject to the requirements of Chapter18.48 (Recycling Facilities). (+v) (d) Private clubs, lodges and meeting halls. M (e) Restaurants; Enclosed or semi - enclosed, with or without alcohol or cocktail lounge; drive -in, drive - through or walk -up. flooring businesses. ( f) Retail carpeting and /or petroleum based IN 0 W Retail sales of household furniture, provided the retail sales portion of the business shall be a minimum of fifty thousand (50,000) square feet. 044) (h) Retail sales provided such uses are freeway - oriented and located south of, and within six hundred (600) feet of the Riverside (SR -91) Freeway, provided such retail sales pertain to furniture, home building products, office supplies, or products determined to be similar by the Planning Commission, and further provided the retail sales portion of the business shall be a minimum of fifteen thousand (15,000) square feet. 00 0) equipment storage (outdoors). (-*) W § 2; August 20, 1996.) Transit, transportation and construction Vehicle sales agencies and lots. (Ord. 5574 SECTION 95. That paragraph .0906 of subsection .090 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0906 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be located so as not to conflict with future sidewalks. Plants within the public right -of -way, with the exception of trees, shall not exceed thirty-six (36) inches in height, and shall further be subject to City of Anaheim Engineering Standard No. 137 entitled "Commereial DAve Approa " the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 96. That paragraph .1101 of subsection .110 of Section 18.120.060 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .1101 Any vehicular storage or parking area visible from public rights - of -way or freeway shall be screened from view by landscaping or architectural devices to a height of thirty-six (36) inches in accordance with City of Anaheim " the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches FIVE SECTION 97. That paragraph .0902 of subsection .090 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .0902 Abutting any arterial highway other than collector streets, setbacks of fifty (50) to sixty -five (65) feet shall be provided as follows: (i) (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right -of -way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (ii) (b If parking is to be provided in front of the building, the minimum building setback shall be sixty -five (65) feet. The first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the remaining fifty five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. SECTION 98. That paragraph .0907 of subsection .090 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0907 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be planted so as not to conflict with future sidewalks. Plants within the public right -of -way, with the exception of trees, shall not exceed thirty-six (36) inches in height and further be subject to the City of Anaheim Engineer-in , " " applicable EnEineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches I SECTION 99. That subsection .110 of Section 18.120.070 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .110 Off -Street Parking and Loading Requirements. All vehicle accessways and parking and loading areas shall comply with the provisions of Chapter 18.42 (Parking and Loading) of the Anaheim Municipal Code, except that any vehicular storage or parking area visible from public rights -of -way or freeway shall be screened from view by landscaping or architectural devices to a height of thirty six (36) inches in accordance with City of Anaheim Engineerin Sttindar-d No. 137 , " " the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 100. That paragraph .0908 of subsection .090 of Section 18.120.080 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: .0908 Sidewalk Waivers. In those areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Trees shall be planted so as not to conflict with future sidewalks. Plants within the public right -of -way, with the exception of trees, shall not exceed thirty-six (36) inches in height and shall further be subject City of Anaheim Engineelin entitled, Standards No. 137 " " to the applicable Engineering Standard Details on file in the office of the Director of Public Works pertaining to commercial driveway approaches SECTION 101. That paragraphs .0902 and .0903 of subsection .090 of Section 18.120.090 of Chapter 18.120 of Title 18 of the Anaheim Municipal Code be, and the same are hereby, amended to read as follows: .0902 Abutting Tustin Avenue, setbacks of fifty (50) to sixty -five (65) feet shall be provided as follows: (i) (a) If no parking is to be provided in front of the building, the minimum building setback shall be fifty (50) feet. The first ten (10) feet of setback immediately behind the public right -of -way (ROW) line shall be planted with a minimum of one (1) tree per twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining forty (40) feet of setback area, which may be used for a drive -aisle (parallel to the street) but not for parking, shall be planted with a minimum of one (1) tree for every thousand (1,000) square feet of required street !12 setback area, not including the ten (10) feet of setback area located immediately behind the ROW. (H) (b If parking is to be provided in front of the building, the minimum building setback shall be sixty -five (65) feet. The first ten (10) feet behind the ROW shall be landscaped with a minimum of one (1) tree planted for every twenty (20) linear feet of street frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. There shall be no parking within the ten (10) foot wide minimum landscape setback area located immediately behind the ROW. In the remaining fifty -five (55) feet of setback area, a minimum of one (1) tree shall be planted per four (4) parking stalls, and a minimum of one (1) additional tree shall be provided for each two thousand three hundred (2,300) square feet of area in the remaining required street setback area. .0903 Abutting any freeway rights -of -way, freeway frontage roads, (including any freeway transition road and on- or off -ramp) minimum setbacks of thirty (30) to one - hundred (100) feet shall be provided as follows: (4 (a) If no parking is to be provided between the ROW and the building, the minimum building setback shall be fifty (50) feet with a minimum thirty (30) foot wide, fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree per twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining twenty (20) feet of required setback area, which may be used for a drive -aisle (parallel to the freeway) but not for parking, shall be planted with a minimum of one (1) tree for every two thousand three hundred (2,300) square feet of that remaining setback area. (Ii) (b) If parking is to be permitted between the ROW and the building, the minimum building setback shall be one hundred (100) feet with a minimum thirty (30) foot wide fully landscaped setback area provided adjacent to the ROW including a minimum of one (1) tree planted for every twenty (20) linear feet of ROW frontage and must include a minimum three (3) foot high shrub screen planted parallel to the ROW. The remaining seventy (70) feet of required setback area shall be planted with, a minimum of one (1) tree per two thousand three hundred (2,300) square feet in addition to a minimum of one (1) tree per four (4) parking stalls. (iii) Abutting freeway frontage roads or any on- or off -ramp, the minimum building setback shall be thirty (30) feet. The minimum thirty (30) foot wide required setback area shall be fully landscaped including a minimum of one (1) tree planted per twenty (20) linear feet of ROW frontage and must include a three (3) foot high shrub screen planted parallel to the ROW unless the freeway frontage road or on- or off -ramp is substantially elevated or below the grade of the freeway right -of -way, in which case, no shrub screen shall be required. IYA SECTION 102. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 103. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 104 PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance. I Except as may otherwise be expressly provided, any person who violates any provision of this ordinance is guilty of a misdemeanor and shall, upon conviction thereof, be punished in the manner provided in Section 1.01.370 (Violations of Code - Penalty) of the Anaheim Municipal Code. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of 2005, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2005, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM By MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ZCA2 005 -0004 1 Ordinance 062705.dm .t LIST OF ATTACHMENTS Zoning Code Amendment No. 2005 -00041 Table 4 -A and Table 4 -13 "Primary Uses: Single- Family Residential Zones" and "Accessory Uses and Structures: Single- Family Residential Zones" Table 4 -11 "Maximum Lot Coverage: Single- Family Residential Zones" Table 44 "Permitted Encroachments for Accessory Uses /Structures: Single - Family Residential Zones" (Note: only a portion of Table 44 is attached to this ordinance) Table 6 -A "Primary Uses: Multiple - Family Residential Zones" Table 8 -A "Primary Uses: Commercial Zones" Table 8 -C "Temporary Uses and Structures: Commercial Zones" Table 8 -F "Minimum Setbacks: Commercial Zones" Table 10 -A "Primary Uses: Industrial Zone" Table 10 -C "Temporary Uses and Structures: Industrial Zone" Table 14 -A "Primary Uses: Public and Special - Purpose Zones" Table 14 -C "Temporary Uses and Structures: Public and Special - Purpose Zones" Table 30 -A "Primary Uses: Downtown Mixed Use (DMU) Overlay Zone" Table 42 -A "Non- Residential Parking Requirements" Table 46 -A "Required Fences and Walls" Table 90 -A "Zone Correspondence" ZCA2005 -00041 Ordinance 062705.doc 50 Attachment - Item No. 2 Table 4 -A and Table 4 -B Section 18.04.030 Table 4 -A P Permitted by Right PRIMARY USES: SINGLE- FAMILY C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited RH -1 RH -2 RH -3 RS -1 RS -2 RS -3 RS -4 Special Provisions Residential Classes of Uses Dwellings — Single - Family Detached P P P P P P C Mobile Home Parks N N N N N C N Residential Care Facilities P P P P P P P SfrU edt'q SI�8�3 &.03:b�(E50 Nan- Residential Classes of Uses Agricultural Crops P P N N N N N Antennas— Private Transmitting P P P P P P P Subject to §18.38.040 Bed & Breakfast Inns N N N C C N N Must be located on an arterial highway; subject to §18.38.080 Beekeeping C N N N N N N Community & Religious Assembly C C C C C C N Convalescent & Rest Homes N N N C C C N Day Care Centers C C C C C C C Educational Institrtions— General C C C C C C C Golf Courses & Country Clubs C C C C C C N Group Care Facilities C C C C C C C ect ta. SI8 "36'b`40c(l7EQ Oil Production N N N N N C N Subject to §18.38.180 Public Services C C C C C C C Recreation —Low Impact C C C C C C C Transit Facilities C C C C C C C Utilities —Minor C C C C C C C F: \asantal \attach - Tables 4 -A and 4 -B.doc 1 of 3 4 -14 -05 Attachment - Item No. 2 Table 4 -13 P P Permitted by Right P P ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required SINGLE- FAMILY RESIDENTIAL ZONES §1838.050 (may N Prohibited RH -1 RH -2 RH -3 R -1 RS -2 RS -3 R84 Spec ial Pr Accessory Living Quarters P P P P P N N Subject to §18.04.080.020 & §18.38.050 P P P §18.38.020 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size §18.38.140 P P P P often (10) acres Animal Keeping P P P P P P P Subject to Antennas —Dish Antennas— Receiving Day Care —Large Family Day Care —Small Family Fences & Walls Greenhouses— Private Home Occupations Landscaping & Gardens Mechanical & Utility Equipment — Ground Mounted P P P P P P P Subjectto §1838.050 (may require a CUP) P P P P P P P Subject to §18.38.050 P P P P P P P Subject to §18.38.140 P P P P P P P P P P P P P P Subject to §18.40.050; this use may occur on a lot with or without a dwelling. P P P P P N N P P P P P P P Subject to §1838.130 P P P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling. P P P P P P P Subject to §1838.160 F: \asantal \attach - Tables 4 -A and 4 -B.doc 2 of 3 4 -14 -05 Attachment - Item No. 2 Table 4 -11 ACCESSORY USES AND STRUCTURES: SINGLE - FAMILY RESIDENTIAL ZONES P C N Permitted by Right Conditional Use Permit Required Prohibited RH -1 RH -2 RH -3 RS -1 RS -2 RS -3 RS -4 Special Provisions Mechanical& Utility Equipment— N N N P P P P Subject to Roof Mounted §18.38.170 Parking Lots & Garages P P P P P P P To serve needs of primary use only; 4 -car limit for garages in RS -1 and RS -2 Zones Petroleum Storage - Incidental P P P P P P P Recreation Buildings & Structures P P P P P P P Second Units P P P P P P N Subject to § 18.3 8.210 Solar Energy Panels P P P P P P P Must be mounted on the roof parallel to the roof plane Senior Second Units C C C C C C N Signs P P P P P P P Subject to Chapter 18.44 R \asantahattach- Tables 4 -A and 4 -B.doc 3 of 3 4 -14 -05 Attachment - Item No. 2 Table 4 -H Section 18.04.090 F: \asantal\ attach -Table 4 -H.doc 4 -14 -05 Table 4 -H MAXIMUM LOT COVERAGE: SINGLE - FAMILY RESIDENTIAL ZONES Zone Maximum Lot Coverage Residential Single- Family Hillside RH -1 NA RH -2 NA RH -3 40% Residential Single - Family RS -1 40% (no accessory building authorized to encroach into a required rear setback shall occupy more than 25% of the required rear setback) RS -2 40 % e °'tlar"y.'?':�?r..F"" ?i3:1,YIN`^''a5: 'r^' '�, "`tM.rtE,'�'h „` —see subsection .-� � m .m .020 below (dwellings or accessory structures shall not occupy more than 35% of the required rear setback, provided any such structures shall comply with the setback regulations of this chapter and provided other comparable outdoor living area (excluding the required front setback, parking L '' and driveway areas) is available elsewhere on the lot.) RS -3 40% RS -4 50 %, but may be modified pursuant to�� 18.04.160 F: \asantal\ attach -Table 4 -H.doc 4 -14 -05 Attachment - Item No. 2 Table 44* Section 18.04.100 Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES /STRUCTURES: SINGLE - FAMILY RESIDENTIAL ZONES *Note that this attachment is a portion of Table 4 -J, not the entire table. F: \asantal \attach -Table 4 -J.doc 5 -27 -05 RH- I RS- 1 1 2 3 1 1 2 3 4 Accessory Permitted Encroachment Use /Structure Special Provisions Recreation Front N I N I N I N I N N N Rooms Side Minimum 5 feet to side property line (detached) Rear Minimum 10 feet to side property line Recreation 9l Front Y* Y* Y* Y* Y* Y* Y* *Applies only is r. P Vehicles (storage Side Y ** Y ** Y ** Y ** Y ** Y ** Y *" �� longer than 3 days) Rear Y Y Y Y Y Y Y j; � g to reereatronal veiY¢les parked in permitted open parking spaces as provided in Chapter 18.42 (Farr€ f gffidff%=W no overhang into public E � or private private access easement * *Must be screened from public and private streets bi asi(J)�fo s`blYr1 b fflm .ells 1" ndscapl "al�a%r victes rrp af�ser-een WSM vaawe am he slrAe anyscombinatto'n Elereaf Satellite Dishes Front N N N N N N N (freestanding, Side N N N N N I N N over 2 feet in Rear Minimum 5 feet to rear property line diameter) *Note that this attachment is a portion of Table 4 -J, not the entire table. F: \asantal \attach -Table 4 -J.doc 5 -27 -05 Attachment - Item No. 2 Table 6 -A Section 18.06.030 Table 6 -A P Permitted by Right PRIMARY USES: MULTIPLE - FAMILY C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited RM -1 RM -2 RM -3 RM -4 Special Provisions Residential Classes of Uses Dwellings — Multiple Family C P P P Subject to§ 18.38.100; affordable housing may be developed pursuant to Chapter 18.50 Dwellings — Single- Fatmily Attached C P C C Dwellings requiring a conditional use permit are subject to §18.06.160 Dwellings — Single- Family Detached N P P P (a) Allowed only when combined with single- family attached dwellings within the same project or (b) one single - family detached dwelling allowed on one legal lot in existence on the effective date of this chapter using the RS -2 and RS -3 zone based on lot size Mobile Home Parks N C C C Residential Care Facilities P P P P RUM ZI $1$ '6 030 65b Senior Citizen Housing C C C C Subject to Chapter 18.50 Non - Residential Classes of Uses Antennas— Broadcasting C C C C Antennas — Private Transmitting C C C C Subject to §18.38.040 Antennas— Telecommunications C C C C Subject to §18.38.060 Bed & Breakfast Inns N C C C Subject to §18.38.080 Community & Religious Assembly C C C C Convalescent & Rest Homes N N N C Day Care Centers C C C C Educational Institutions—General N N C C Golf Courses & Country Clubs N N C C Group Care Facilities C C C C uli5 c "67 .-3 646 670 Oil Production N C C C Subject to §18.38.180 Public Services C C C C Recreation — Low - Impact C C C C Recreation— Swimming & Tennis C C C C Room & Board C C C C Transit Facilities C C C C Utilities —Minor C C C C F: \asantal \attach -table 60 -A.doc 4 -14 -05 Attachment - Item No. 2 Table 8 -A Section 18.08.030 Table 8 -A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited C -NC C -R C -G O -L O -H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens' Housing C C C N N Senior Citizens' Apartment Projects subject to Chapter 18.50 Non - Residential Classes of Uses Alcoholic Beverage Sales —Off- -Sale C C C N N Conditional use permit not required if use is in conjunction with Markets -Large Alcoholic Beverage Sales —On -Sale C C C C C Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming P N P N N Antennas— Broadcasting C C C C C Antennas— Telecommunications C C C C C Subject to §18.38.060 Automotive —Car Sales & Rental N N C N N Subject to §1838.200 Automotive — Public Parking C C C C C Automotive —Parts Sales C P P N N Automotive— Repair and C C C N N Modification Automotive — Service Stations C C C C C Subject to §1838.070 Automotive — Washing N C C C C In O -L and 0 -H Zones, must be accessory to an Automotive— Service Station use Bars & Nightclubs C C C C C In 0 -1, and 0 -H Zones, must be accessory to an Office use Bed and Breakfast Inns C C C C C Subject to §18.38.080 Billboards N N C N N Boat & RV Sales N N C N N Subject to § 18.3 8.200 Business & Financial Services P P P P P Cemeteries N N C N N Commercial Retail Centers C C C N N Community & Religious Assembly C C C C N F: \asantal \attach -Table 8 -A.doc 1 of 3 4 -14 -05 Attachment - Item No. 2 Table 8 -A PRIMARY USES: COMMERCIAL ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited C -NC C -R C -G O -L O -H Special Provisions Computer Internet & Amusement N C C N N Facilities Convalescent & Rest Homes N N C N N Convenience Stares C C C C C Subject to §18.38.110; in O -L and 0 -H Zones, shall be accessory to an Office use Dance & Fitness Studios —Large N C C C N Dance & Fitness Studios —Small P P P P C Day Care Centers C C C C C Drive - Through Facilities C C C C C Educational Institutions— Business P P P P P Educational Institutions— General N C C N C Equipment Rental —Large N C C N N Equipment Rental —Small C P P N N Group Care Facilities C C C C C 6z1f8�Od`Q:U70 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets —Large P P P N N Markets —Small C C C C C Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services— General P P P P P , 'nn " uma su bi�ottilo;'s� &1,8.38�rI �Q In O -L and 0 -H Zones, must be integrated within an office building Personal Services— Restricted C C C C C In O -L and 0 -H Zones, must be accessory to an Office use Plant Nurseries N C P N N Subjectto §18.38.190 and §18.38.200 Public Services C C P C C Recreation — Bowling & Billiards C C C N N Recreation—Commercial Indoor C C C N N Recreation — Commercial Outdoor C C C C C F:\asantal \attach -Table 8 -A.doc 2 of 3 4 -14 -05 Attachment - Item No. 2 Table 8 -A PRIMARY USES: COMMERCIAL ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited C -NC C -R C -G O -L O -H Special Provisions Recreation —Low Impact C C C N N Recreation — Swimming & Tennis C C C C C Recycling Services — Consumer P P P N N Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Repair Services — General P N P N N Repair Services — Limited P P P N N Research & Development N C C C P Restaurants—Drive- Through N C C C C Subject to §1838.220 Restaurants — General P P P C C Subject to §18.38.220 Restaurant— Semi - Enclosed C C C C C Subject to §18.38.220 Restaurants—Walk -Up C C C C C Retail Sales— General P P P N N Retail Sales Kiosks C C C C C Retail Sales—Outdoor C C C N N Subject to §1838.190 and §18.38.200 Retail Sales — Regional N P C N N Retail Sales —Used Merchandise P P P N N Room & Board N N C N N Self Storage N N C N N Sex - Oriented Businesses N N P N N Subject to Chapter 18.54 Studios — Broadcasting C C P C C Studios— Recording N N P N N Transit Facilities C C C C C Utilities Major C C C N C Utilities —Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services C C C N N Wholesaling N C C N N Shall be accessory to a Retail Sales use F: \asantal \attach -Table 8 -A.doc 3 of 3 4 -14 -05 Attachment - Item No. 2 Table 8 -C Section 18.08.030 Table 8 -C C -NC P Permitted by Right TEMPORARY USES AND STRUCTURES: O -II C Conditional Use Permit Required COMMERCIAL ZONES P N Prohibited F: \asantal \attach -Table 8 -C.doc 4 -14 -05 C -NC C -R C -G O -L O -II Special Provisions Carnivals & Circuses P P P N N Sub jectto &j1183815 CILA � cu gg t, W, ' ISQ'ElI8RC0 Sw.lttAA B,usmess Ac�ifi�`t and Chapter 4.53 �Carn:�als a1id'.' G�rcus'`es,. Christmas Tree & Pumpkin Sales N P P N N Subject to Chapter 6.42 Contractor's Office & Storage P P P P P Subject to §18.38.105 Special Events P P P P P Subject to §18.38.240 F: \asantal \attach -Table 8 -C.doc 4 -14 -05 Attachment - Item No. 2 Table 8 -F Section 18.08.060 Table 8 -F MINIMUM SETBACKS: COMMERCIAL ZONES I Zone Minimum Setbacks I Part 1 —Landscaped Setbacks C -NC Abutting Any Arterial Highway: 15 feet, as measured from the ulthnate highway right -of- way line as designated on the Circulation Element of the General Plan. • Abutting Any Local Street: 10 feet, as measured from the planned street right -of -way line; provided, however, that where more than two- thirds of the properties in the block on the opposite side of the local street are zoned for single - family residential use and if parking is provided between the landscaped setback and any building, a 3 -foot high earthen berm or masonry wall, screened with clhighig vines and /or shrubs on both sides, shall be provided to the rear of the 10 -foot landscaped area. • Abutting Any Non - Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: 10 feet. • Abutting Any Alley: None. C -R • Abutting Any Arterial Highway: 20 feet, as measured from the ultimate highway right -of- way line as designated on the Circulation Element of the General Plan. • Abutting Any Local Street: 15 feet, as measured from the planned street right -of -way line; provided, however, that where more than two - thirds of the properties in the block on the opposite side of the local street are zoned for single- family residential use and if parking is provided between the landscaped setback and any building, a 3 -foot high earthen berm or masonry wall, screened with clinging vines and /or shrubs on both sides, shall be provided to the rear of the 15 -foot landscaped area. • Abutting Any Non - Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: 15 feet. • Abutting Any Alley: None. C -G • Abutting Any Arterial Highway: 15 feet, as measured from the ultimate highway right -of- way line as designated on the Circulation Element of the General Plan. • Abutting Any Local Street: 10 feet, as measured from the planned street right -of -way line; provided, however, that where more than two - thirds of the properties in the block on the opposite side of the local street are zoned for single - family residential use and if parking is provided between the landscaped setback and any building, a 3 -foot high earthen berm or masonry wall, screened with clinging vines and /or shrubs on both sides, shall be provided to the rear of the 10 -foot landscaped area. • Abutting Any Non - Residential Interior Site Boundary Lines: None • Abuttine Anv Residential Zone Boundary 10 feet;awrtfi �i ees #n'lan F: \asantal \attach -Table 8 -F.doc 1 of 4 -14 -05 Attachment - Item No. 2 Table 8 -F MINIMUM SETBACKS: COMMERCIAL ZONES Zone Minimum Setbacks • Abutting Any Alley: None. 0 -L Same as C -NC O -H Same as C -R Part 2 — Structural Setbacks C -NC a Abutting Any Arterial Highway: Same as Landscape Setback • Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non - Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: • A one -story building: 20 feet • A two -story building: 51 feet • A three -story building: 76 feet • A four -story building: 101 feet • A five -story building: 126 feet • A six -story building: 151 feet • Abutting Any Alley: 10 feet; provided, however, that one -half (1//2) the width of the alley may be applied in measuring the setback C -R • Abutting Any Arterial Highway: Same as Landscape Setback • Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non - Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: • A one -story building: 25 feet • A two -story building: 51 feet • A three-story building: 76 feet • A four -story building: 101 feet • A five -story building: 126 feet • A six -story building: 151 feet • Abutting Any Alley: 10 feet; provided, however, that one -half (1//2) the width of the alley may be applied in measuring the setback C -G 0 -L Abutting Any Arterial Highway: Same as Landscape Setback • Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non - Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Bo undary: F: \asantal \attach -Table 8 -F.doc 2 of 3 4 -14 -05 Attachment - Item No. 2 Table 8 -F MINIMUM SETBACKS: COMMERCIAL ZONES Zone Minimum Setbacks • A one -story building: 20 feet • A two -story building: 51 feet • A three -story building: 101 feet Abutting Any Alley: 10 feet; provided, however, that one -half (1//2) the width of the alley may be applied in measuring the setback O -H Same as C -R Abutting Any Arterial Highway: Same as Landscape Setback • Abutting Any Local Street: Same as Landscape Setback • Abutting Any Non - Residential Interior Site Boundary Lines: None • Abutting Any Residential Zone Boundary: • A one -story building: 20 feet • A two -story building: 51 feet • A three -story building: 101 feet • A four -story building: 151 feet • A five -story building: 201 feet • A six- or more story building: 226 feet Abutting Any Alley: 10 feet; provided, however, that one -half (1//2) the width of the alley may be applied in measuring the setback F: \asantal \attach -Table 8 -F.doc 3 of 3 4 -14 -05 Attachment - Item No. 2 Table 10 -A Section 18.10.030 Table 10 -A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited I Special Provisions Residential Classes of Uses Mobile Home Parks C Non - Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales — Off -Sale C Alcoholic Beverage Sales —On -Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas— Broadcasting C Antennas — Telecommunications C Subject to §18.38.060 Automotive —Car Sales & Rentals C Subject to §18.38.200 Automotive Impound Yards C Subject to §18.38.200 Automotive — Public Parking C Automotive —Parts Sales C Automotive — Repair and Modification C Automotive — Service Stations C Subject to §18.38.070 Automotive — Washing C Bars & Nightclubs C Billboards C Subject to Chapter 18.44 Boat &RV Sales C Subjectto §18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to §18.38.190 and §1838.200 Business & Financial Services C Connnunity & Religious Assembly C Dance & Fitness Studios —Large C Dance & Fitness Studios —Small C Day Care Centers C Drive - Through Facilities C Educational Institutions— Business C Educational Institutions— General C F: \asantal \attach -Table 10 -A.doc 1 of 3 4 -14 -05 Attachment - Item No. 2 Table 10 -A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited I Special Provisions Equipment Rental —Large C Conditional use permit not required if conducted entirely indoors (Ord. 5944 § 8; Sept. 28, 2004) Equipment Rental —Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry— Limited P Industry— General C Junkyards C Subjectto §18.38.200 Mortuaries C Offices — Development P Offices — General C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to §18.38.180 Outdoor Storage Yards C Subject to § 18.3 8.200 Personal Services — General C Taunts a5e�fYlii`eka&].8(33 X158 Q Personal Services — Restricted C Plant Nurseries P Subject to §18.38.190 and §18.38.200; Retail only requires a conditional use permit Public Services P Recreation — Bowling & Billiards C Recreation — Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation — Commercial Outdoor C Recreation— Low - Impact P Recreation — Swimming & Tennis C Recycling Services — Consumer P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Recycling Services — General C Subject to Chapter 18.48 Recycling Services — Processing C Subject to Chapter 18.48 Repair Services — General P Repair Services — Limited C Research & Development P Restaurants— Drive - Through C Subject to §18.38.220 Restaurants — General C Fast -Food and Take -Out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; Subject to §18.38.220 Restaurants —Semi- Enclosed C Subjectto §18.38.220 Restaurants — Walk -Up C P: \asantal \attach -Table 10 -A.doc 2 of 3 4 -14 -05 Attachment - Item No. 2 Table 10 -A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited I Special Provisions RctARFS l���oiiselid7dl tirntf` ure C Pettni to fiy2 �itib "na +use ::erm� nl i the eFailt' §ales Retail Sales— General C Industrially - related only Retail Sales— Outdoor C Subject to §18.38.190 and §18.38.200 Self Storage C Subject to Planning Commission Policy Sex - Oriented Businesses P Subject to Chapter 18.54 Studios — Broadcasting P Studios— Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to §18.38.200 Utilities —Major C Utilities —Motor P Veterinary Services C Warehousing & Storage — Enclosed P Wholesaling P r: \asantal \attach -Table 10 -A.doc 3 of 3 4 -14 -05 Attachment - Item No. 2 Table 10 -C Section 18.10.030 Table 10 -C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required INDUSTRIAL ZONE N Prohibited I Sp eci a l Pr ovisions Carnivals & Circuses C r Su lec '0 6r1 8. DS'"Ch rater — 34 �hl��sce lan,ebu�= $usmc�ciyr�'iesltanU Chapter 4.53 � Ca`Yii� �s�a r1 dxCrre�S'sl� Christmas Tree & Pumpkin Sales P Subject to Chapter 6.42 Contractor's Office & Storage p Subject to §18.38.105 Special Events P Not permitted except for specific uses identified and subject to § 18.3 8.240 F: \asantal \attach -Table 10 -C.doc 4 -14 -05 Attachment - Item No. 2 Table 14 -A Section 18.14.030 Table 14 -A P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited OS PR SP T Special Provisions Residential Classes of Uses Dwellings — Single - Family Detached N N N P Mobile Home Parks N N N C Senior Citizen Housing N N N C Senior Citizens' Apartment Projects subject to Chapter 18.50 Non - Residential Classes of Uses Agricultural Crops P N N P Alcoholic Beverage Sales —On -Sale N C C C In the "T" Zone, only in conjunction with a Community and Religious Assembly use. Ambulance Services N N N C Anhnal Boarding C N N C Antennas— Broadcasting N N N C Antennas — Private Transmitting N N N C Subject to §1838.040 Antennas — Telecommunications N C C C Subject to §18.38.060 Automotive — Public Parking N P C N Automotive— Service Stations N N N C Subject to §1838.070 Automotive— Washing N N N C Bed and Breakfast Luis N N C C Subject to §1858.080 Beekeeping N N N C Cemeteries C N C C Community & Religious Assembly N N C C Convalescent & Rest Homes N N N C Convenience Stores N C C C Subject to §18.38.110 Dance & Fitness Studios —Small N C N N Day Care Centers N C C C Educational Institutions— Business N C P C Educational Institutions General N C P C F:asantal\attach -Table 14 -A.doc 1 of 2 4 -14 -05 Attachment - Item No. 2 Table 14 -A PRIMARY USES: PUBLIC AND SPECIAL- PURPOSE ZONES P Permitted by Right C Conditional Use Permit Required N Prohibited OS PR SP T Special Provisions Golf Courses & Country Clubs C P P C Only allowed use in PR Zone is municipally owned golf course Group Care Facilities N C C N Helipads N N C N Hospitals N N C C Hotels & Motels N C N C Mortuaries N N N C Oil Production N N N C Subject to § 18.3 8.180 Plant Nurseries P C C R Q Subject to § 183 S.190 and §18.38.200 Public Services N P P P Recreation Bowling & Billiards N C C C Recreation — Commercial Indoor N C C C Recreation — Commercial Outdoor N P C C Within the 4'fj Zone, use is subject to subsection .120 below Recreation — Law - Impact C P C C Recreation — Swimming & Tennis N P C C Recycling Services — Consumer N P P P Subject to Chapter 18.48; reverse vending machines located entirely within a structure do not require any zoning approval Recycling Services — General N N N C Subject to Chapter 18.48 Restaurants — Drive - Through N N C N Subjectto §18.38.220 Restaurants — General N C C C Subjectto §18.38.220 Restaurants —Semi- Enclosed N C C C Subjectto §18.38.220 Restaurants — Walk -Up N C C N Retail Sales —Used Merchandise N N N C Room & Board N N N C Self Storage N N C N Transit Facilities N C C C Utilities —Major C C C C Utilities —Minor P P P P Veterinary Services N N N C F:asantal \attach -Table 14 -A.doc 2 of 2 4 -14 -05 Attachment - Item No. 2 Table 14-C Section 18,14,010 Table 14-C I P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required PUBLIC AND SPECIAL-PURPOSE ZONES N Prohibited OS PR SP T Special Provisions Carnivals & Circuses N P P P Subject toS-J"kiAdYk, Cha Ptcr 3.32 %s l x Nil' and Chapter 4.53 re l and I NU Christmas Tree & Pumpkin Sales P P P p Subject to Chapter 6.42 Contractor's Office & Storage P P P P Subject to §18.38.105 Real Estate Tract Office N N N P Real Estate Tract Signs N N N P Subject to § 18.44,180 Special Events P P p p Subject to §18.38.240 F:\asantal\attach-Table 14-C.doe 6/20/2005 Attachment - Item No. 2 Table 30 -A Section 18.30.030 F: \asantal \attach -Table 30 -A.doc 1 of 3 3 -9 -05 Table 30 -A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE DMU Special Provisions Residential Classes of Uses Dwellings — Multiple Family P Dwellings — Single - Family Attached P Dwellings — Single - Family Detached P Senior Citizen Housing P Subject to Chapter 18.50 (Senior Citizens' Housing Apartment Projects) Non - Residential Classes of Uses Alcoholic Beverage Sales —Off- -Sale C Alcoholic Beverage Sales —On -Sale C Antennas— Broadcasting P Conditional use permit required if facilities are not accessory to a primary use on the same lot, not completely screened from view from a public right -of -way or not disguised as an integral architectural feature Antennas— Private Transmitting P Conditional use permit required if facilities are not completely screened from view from a public right -of -way or not disguised as an integral architectural feature Antennas — Telecommunications P Conditional use permit required if facilities are not completely screened from view from a public right -of -way or not disguised as an integral architectural feature; subject to §18.38.060 (Mechanical and Utility Equipment — Ground Mounted) Automotive — Public Parking P Bars & Nightclubs C Billboards N Business & Financial Services P Commercial Retail Centers C Community & Religious Assembly C Conditional use permit not required for museums Computer Internet & Amusement C Facilities Convalescent & Rest Homes C Convenience Stores C F: \asantal \attach -Table 30 -A.doc 1 of 3 3 -9 -05 Attachment - Item No. 2 Table 30 -A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE DMU Special Provisions Dance & Fitness Studios —Large C Dance & Fitness Studios —Small P Day Care Centers C Educational Institutions— Business C Educational Institutions— General C Golf Courses & Country Clubs C Golf courses and putting greens may be allowed if accessory to a primary permitted use Group Care Facilities C &b�ieet 2b1]$ 66 0A0 0Z{t Hotels & Motels C Motels not allowed Markets —Large P Outdoor farmers markets are allowed with a conditional use permit Markets —Small C Delicatessens that primarily serve take -out customers do not require a conditional use permit Medical & Dental Offices P Offices— General P Personal Services — General P On -site dry cleaning not allowed; conditional use permit reguued for laundromats lawn" romat''sWaiae subi�ee��f'o &hf8 8 ils massage only as a part of a spa or dance and fitness studio Public Services P Recreation — Bowling & Billiards P Recreation—Commercial Indoor C Recreation — Low - Impact C Recreation — Swimming & Tennis P Recycling Services — Consumer P Subject to Chapter 18.48 (Recycling Facilities); reverse vending machines located entirely within a structure do not require any zoning approval Repair Services — Limited C Restaurant"eneral P Subject to §1838.220 (Restaurants — Outdoor Seating and Dining) Restaurants —Semi- Enclosed C Restaurants — Walk -Up P Retail Sales— General P Retail Sales— Kiosks C If food service is proposed, the application shall include a complete description of how food products will be refrigerated and /or heated, and how utensils, appliances and equipment will be cleaned. F: \asantal \attach -Table 30 -A.doe 2 of 3 3 -9 -05 Attachment - Item No. 2 Table 30 -A PRIMARY USES: DOWNTOWN MIXED USE OVERLAY ZONE I DMU Snecial Provisions Retail Sales — Regional Retail Sales —Used Merchandise Studios — Broadcasting Studios — Recording Transit Facilities Utilities —Major Utilities —Minor P P Antique shops only C C Bus depots prohibited C F: \asantal \attach -Table 30 -A.doc 3 of 3 3 -9 -05 Attachment - Item No. 2 Table 42 -A Section 18.42.040 Table 42 -A NON - RESIDENTIAL PARKING REQUIREMENTS U Class Required Sp Agricultural Crops 5 spaces per 10 acres Alcoholic Beverage Sales — Off -Sale 0 space (spaces are required for underlying use(s) only) Alcoholic Beverage Sales — On -Sale 0 space (spaces are required for underlying use(s) only) Ambulance Services 4 spaces per 1,000 square feet of GFA, plus parking for ambulances /emergency vehicles Animal Boarding 4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Animal Grooming 4 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Antennas — Broadcasting 2 spaces Antennas — Private Transmitting None Antennas — Telecommunications 1 space Automotive — Car Sales & Rental General: 2.5 spaces per 1,000 square feet of GFA for interior showroom plus 4 spaces per 1,000 s uare feet of office use, plus 5.5 s$a°ce9769''PATUN square feet of in 9 : GFA NEW for parts, sales, storage and repair use Wholesale (excluding auctions): 4 spaces per 1,000 square feet of space used for parking vehicles to be sold Auctions: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Office -Only Auto Sales: See Offices Automotive — Public Parking None Automotive — Parts Sales 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Automotive — Repair and Modification 3.5 spaces per 1,000 square feet of GFA or 5 spaces, whichever is greater Automotive — Service Stations Automotive — Washing Bars & Nightclubs Stand - Alone: 2 spaces In Conjunction with Other Uses: 0 space In Conjunction with Service Station: I space, plus drying area for 5 vehicles Stand - Alone: 5.5 spaces per 1,000 square feet of GFA, plus drying area for 5 vehicles 17 spaces per 1,000 square feet of GFA F: \asantal \attach -table 42 -A.doe 1 of 7 4 -25 -05 Attachment - Item No. 2 Table 42 -A NON - RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Bed & Breakfast Imes 1 space for each bedroom, plus I space for each nonresident employee, plus 1 space for visitors (for purposes of this usuaulass "bedroom" means any room designed, untended or primarily used for sleeping purposes) Beekeeping None Billboards None Boat & RV Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 stia e12 — S 7ebOrl EEO a:rsa t square feet of t`tui3 m` GFA us . 'for parts, sales, storage and repair use. Business & Financial Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Cemeteries Requires Parking Demand Study per paragraph 18.42.040.010.0107 Commercial Retail Centers Total parking spaces are equal to the sum of the parking requirements for the individual use types in the center Community & Religious Assembly 0.333 space per fixed seat or 29 spaces per 1,000 square feet of GFA, ,r ... P a um neat is number of spaces, plus 4 whichever results in' spaces per 1,000 square feet of GFA for office use, plus, if a kitchen facility is provided, 0.02 space per person for the maximum capacity figure of the assembly area determined by the City Fire Department; if other types of ancillary uses other than a Sunday school are included, a Parking Demand Study may be required Computer Internet & Amusement 0.18 space per computer or 5.5 spaces per 1,000 square feet of GFA, Facilities whichever results in « « number of spaces Convalescent & Rest Homes 0.8 space per bed Convenience Stores 5.5 spaces per 1,000 square feet of GFA; if combined with other allowed uses, 3 spaces for the first additional use and 1 space for each additional use thereafter except that the extra spaces are not required when the uses are integrated within a commercial retail center Dance & Fitness Studios — Large Requires Parking Demand Study per paragraph 18.42.040.010.0107 Dance & Fitness Studios — Small 5.5 spaces per 1,000 square feet of GFA Day Care Centers 1 space per employee, plus 1 space per 10 children 8riaTb'adultv^clienA plus 1 space for loading and unloading children n9�, oa ail c[tcik onsite Drive - Through Facilities None as an accessory use, but requires adequate space for queuing Educational Institutions — Business 0.82 space per student or 20 spaces per 1 square feet of GFA for instruction area, whichever results m M x ai�t'enet`, number of spaces, plus 4 spaces per 1,000 square feet of GFA for office area F: \asantakattach -table 42 -A.doe 2 of 7 4 -25 -05 Attachment - Item No. 2 Table 42 -A NON - RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Educational Institutions — General Elementary and Junior High Schools: 1 space per classroom plus 1 space per non - office employee, plus 4 spaces per 1,000 snriare4`ecF.o> GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly) High Schools: 1 space per non - office employee, plus 1 space per 6 students, plus 4 spaces per 1,000 square feet of GFA for office use, plus parking required for assembly halls and auditoriums (see Community & Religious Assembly) Equipment Rental —Large 4 spaces per 1,000 square feet of lruiltlin GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus 0.4 space per 1,000 square feet of outdoor equipment storage area Equipment Rental — Small 4 spaces per 1,000 square feet of JYMMin" GFA for first 100,000 square feet, plus 3 spaces per 1,000 square feet of GFA over 100,000 square feet, plus " , fflL4. spaces per 1,000 square feet of outdoor equipment storage area Golf Courses & County Clubs Golf Courses: 10 spaces per hole plus 1 space per 35 square feet of Wdildi GFA used for public assembly, plus 5.5 spaces per 1,000 square feet of GFA used for other commercial purposes Golf Driving Ranges: 1 space per driving tee Group Care Facilities 0.8 space per bed Helipads Requires Parking Demand Study per paragraph 18.42.040.010.0107 Hospitals Requires Parking Demand Study per paragraph 18.42.040.010.0107 Hotels & Motels 0.8 space per guest room plus 8 spaces per 1,000 square feet of GFA for banquet/meeting room, plus 8 spaces per 1,000 square feet of GFA for frill- service, semi- enclosed, walk -up and fast food restaurants, plus 5.5 spaces per 1,000 square feet of GFA for take -out restaurants integrated into the hotel complex, plus 1 space per 1,000 square feet of retail space plus 0.25 space for each employee working in the guest room areas Industry— Limited Industrial- General Limited: 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Industrial Training facilities: 0.82 space per student or 20 spaces per 1,000 square feet of GFA for instructional use, whichever results in t r ire- # � ��m ' . wr"vrfl 2eafer number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in O a greater number of spaces F: \asantallattach -table 42 -A.doe 3 of 7 4 -25 -05 Attachment - Item No. 2 Table 42 -A NON - RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Industry — General Industrial- General: 1.55 spaces per 1,000 square feet of W l`dine GFA, which may include a maximum of l0% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Industrial Training Facilities: 0.82 space per student or 20 spaces per 1,000, s uare feet of GFA for instructional use, whichever results in a s r = n lr ir ;: fZreati number of spaces, plus 4 spaces per 1,000 square feet of GFA for office use Outdoor Uses: 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 1 space per 2 maximum contemplated number of employees to be engaged in the outdoor operation, whichever results in #e a greater number of spaces Junkyards 5 spaces or 5.5 spaces per 1,000 square feet of tiuiadii"¢ GFA, whichever is greater Markets —Large 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Markets —Small 5.5 spaces per 1,000 square feet of GFA Medical & Dental Offices 6 spaces per 1,000 square feet of GFA Mortuaries Requires Parking Demand Study per paragraph 18.42.040.010.0107 Offices Offce- General: 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories Office -Only Auto Sales: applicant must show that display space can be provided while maintaining required number of spaces for other uses before the required affidavit from the California Department of Motor Vehicles is issued Oil Production 2 spaces per well Outdoor Storage Yards 4 spaces or 4 spaces per 1,000 square feet of bifdtdtii GFA, whichever is greater, plus spaces required for service vehicles Personal Services — General 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Personal Services — Restricted 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Plant Nurseries 5.5 spaces per 1,000 square feet of bdildn GFA, plus 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, Public Services 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories F: \asantaRattach -table 42 -A.doe 4 of 7 4 -25 -05 Attachment - Item No. 2 Table 42 -A NON - RESIDENTIAL PARKING REQUIREMENTS Use Class Required Spaces Recreation — Bowling & Billiards BowlingAllcys: 3 spaces per bowling lane, plus one space per 35 square feet of GFA used for public assembly, plus 5.5 spaces per 1,000 square feet of GFA used for other commercial purposes Billiard Halls: 2 spaces per billiard table, plus required spaces for other uses within the facility Recreation — Commercial Indoor Amusement Arcades: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Racquetball Facilities: 5 spaces per court Skating Rinks: 2.4 spaces per 1,000 square feet of p7ild''rNh GFA 1 Broadcast or Recording Studios with Audience: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Theaters — Live Performances. 0.4 s ace per seat or patron, a ra �, rte+ whichever results in a , rea e number 0 Vac s, plus 0.8 space per employee, including performers Theaters — Single- screen Motion Picture: 0.6 space per seat or patron, whichever results in a #gke ° e� of r number ofsr aces plus 5 spaces for employees Theaters — Multi- screen Motion Picture: 0.3 spaces per seat or per patron, whichever results in a 1— „ R ea er, number of space's plus 2 employee spaces per screen Other Uses: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Recreation — Commercial Outdoor Miniature Golf Course: 20 spaces per course, plus 1 per each employee Other Uses: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Recreation— Low - Impact Requires Parking Demand Study per paragraph 18.42.040.010.0107 Recreation — Swimming & Tennis Swimming Facilities: Requires Parking Demand Study per paragraph 18.42.040.010.0107 Tennis Courts: 5 spaces per court Recycling Services — Consumer Recycling Services — General Recycling Services — Processing Repair Services — General Repair Services — Limited Research & Development 0 space (spaces are required for host use(s) only) 1.55 spaces per 1,000 square feet of Wi WW" GFA 1.55 spaces per employee 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet 4 spaces per 1,000 square feet of GFA for buildings of 3 stories or lower; 3 spaces per 1,000 square feet of GFA for buildings of more than 3 stories F: \asantal \attach -table 42 -A.doc 5 of 7 4 -25 -05 Attachment - Item No. 2 Table 42 -A NON - RESIDENTIAL PARKING REQUIREMENTS Use Class Req Spaces Restaurants — General Drive -in, Drive- through, Fast Food: 16 spaces per 1,000 square feet of GFA Take -out (not to exceed a cumulative maximum total of ten seats for patrons): 5.5 spaces per 1,000 square feet of GFA Restaurants —Full- Service 8 spaces per 1,000 square feet of GFA if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA if not integrated into a planned development complex Restaurants — Semi - Enclosed 8 spaces per 1,000 square feet of GFA if integrated into a planned development complex; 15 spaces per 1,000 square feet of GFA if not integrated into a planned development complex Restaurants — Take -Out 5.5 spaces per 1,000 square feet of GFA Restaurants — Walk -Up 16 spaces per 1,000 square feet of GFA Retail Sales — General General: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Art Galleries: 3.3 spaces per 1,000 square feet of GFA Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA Retail Sales — Kiosks 1 space per 25 square feet of GFA or 5 spaces per facility, whichever results nr ke a greater number of parking spaces Retail Sales — Outdoor 0.4 space per 1,000 square feet of lot area devoted to outdoor uses, excluding parking areas and vehicular accessways, or 0.5 space per each employee engaged in the outdoor operation, whichever results in m ;, 6a greater number of parking spaces Retail Sales — Regional Furniture, Carpet & Flooring: 2.25 spaces per 1,000 square feet of GFA Other: 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Retail Sales — Used Merchandise 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Room & Board 1 space for each bedroom plus 1 space for each nonresident employee, plus one space for visitors (for purposes of this provision, "bedroom" means any room designed, intended or primarily used for sleeping purposes) Self Storage Facilities 0.27 space per 1,000 square feet of gra x bnil' JWe IPGFA or 5 spaces, whichever results in a tf, It, Ea er number ofsoaces plus adequate loading and unloading areas as required by the City Traffic and Transportation Manager Sex - Oriented Businesses Primarily live performance: 10 spaces per 1,000 square feet of GFA Primarily book or video store: 5.5 spaces per 1,000 square feet of GFA Studios — Broadcasting 2.5 spaces per 1,000 square feet of GFA FAasantaEattach -table 42 -A.doe 6 of 7 4 -25 -05 Attachment - Item No. 2 Table 42 -A NON - RESIDENTIAL PARKING REQUIREMENTS Use Class R equired Spaces Studios — Recording 2.5 spaces per 1,000 square feet of GFA Towing Services 4 spaces per 1,000 square feet of fflM GFA, plus spaces for tow trucks Transit Facilities Requires Parking Demand Study per paragraph 18.42.040.010.0107 Truck Repair & Sales 2.5 spaces per 1,000 square feet of GFA for interior showroom, plus 4 spaces per 1,000 square feet of office use, plus 5.5 square feet per 1,000 square feet of � GFA for parts, sales, storage and repair use. Utilities — Major Requires Parking Demand Study per paragraph 18.42.040.010.0107 Utilities — Minor None required Veterinary Services 5.5 spaces per 1,000 square feet of GFA for first 100,000 square feet, plus 4.5 spaces per 1,000 square feet of GFA over 100,000 square feet Warehousing & Storage — Enclosed 1.55 spaces per 1,000 square feet of GFA, which may include a maximum of 10% office space, plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Warehousing & Storage — Outdoors 0.4 spaces per 1,000 square feet of outdoor storage area (excluding vehicle accessways), plus 1.55 spaces per 1,000 square feet of budding GFA (which may include a maximum of 10% office space), plus, if the percentage of office space exceeds 10% of the GFA, 4 spaces per 1,000 square feet of GFA for the floor area in excess of 10% Wholesaling 1.55 spaces per 1,000 square feet of bttilc<ing GFA F: \asantal \attach -table 42 -A.doc 7 of 7 4 -25 -05 Attachment - Item No. 2 Table 46 -A Section 18.46.110 Table 46 -A d Fences and Walls Zones Separating Zones: Abutting None Single - Family Residential Zone 6 -8 feet decorative masonry wall or berm 8 feet decorative masonry wall or berm 8 feet decorative masonry wall or berm Abutting Single - Family Residential Multiple- Family Residential Commercial Industrial Public and Special - Purpose Special Provisions Enclosing Outdoor Storage; decorative decorative Family Not applicable Not applicable Not applicable 6-8 ' 'f6`61 Not applicable Subject to or berm or berm or berm 1 sass and masonry wall ' T 0nfdeor. S for ae6J 8 feet 8 feet None None ani'[ §18.46.110.090 decorative decorative masonry wall masonry wall e �strre "of or berm or berm Outdoor.'' itO Separating Zones: Abutting None Single - Family Residential Zone 6 -8 feet decorative masonry wall or berm 8 feet decorative masonry wall or berm 8 feet decorative masonry wall or berm Abutting 6-8 feet None 8 feet 8 feet Multiple- decorative decorative decorative Family masonry wall masonry wall masonry wall Residential or berm or berm or berm Zone Abutting 8 feet 8 feet None None Commercial decorative decorative masonry wall masonry wall or berm or berm Abutting 6 -8 feet 6 -8 feet None None Industrial decorative decorative masonry or masonry or berm berm Abutting 6 feet 6 feet None 6 feet Mixed Use 1 oft "OS ": None; "PR ": 6 feet; "T ": 6 feet except if developed with single - family residential; "SP ": 6 feet "OS ": None; "PR": 6 feet; "T ": 6 feet; exceptif developed with SFR; SP: 6 feet "OS ": None; "PW': None; "T ": 6 feet; "SP ": None; "OS ": None "PR ": 6 feet "T ": 6 feet "SP ": 6 feet None May be a combination of a masonry wall and berm; subject to § 18.46.110.060 tFrantzYirl& May be a combination of a masonry wall and berm; subject to § 1846 110.060 (Front Yardsl May be a combination of a masonry wall and berm; subject to § 18.46.110.060 (Front Yir'rlsl May be a combination of a masonry wall and berm; subject to § 18.46.110.060 j>T!' i:o n tryYaid`s1 Attachment - Item No. 2 Required Table 46 -A Fences and Walls wall or berm ` Zones CV fm Multiple- tle�C6c�aTiv�e Public and Single - Family Family r „ rises Special - Residential Residential Commercial industrial Purpose Separating Uses: Abutting None Residential Uses 8 feet solid OS" None; PR" 6 feet; wall or berm ` abuttin CV fm sin le fa"gm�ilty tle�C6c�aTiv�e resid "enfral �• "� �'•"` masonrv. r „ rises walk n'r 2b'er�m Adjacent to OS" None; PR" 6 feet; 8 �fo " T": 6feet; flee`araGiy'.e "SP ": 6 feet; masunr''xR vv aJl for residential dr.�ber'm` masonry or Adjacent to 6 -8 feet 6 -8 feet None None None except Freeways & decorative decorative for residential Toll roads masonry or masonry or uses in ° T" berm berm Zone: 6 feet Abutting 6 -8 feet 6 -8 feet Railroads decorative decorative masonry masonry 6 -8 feet decorative masonry or berm, chainlink interwoven with PVC slats* 6 -8 feet decorative masonry or berm, chainlink interwoven with PVC slats 6 -8 feet decorative masonry or berm, chainlink interwoven with PVC slats Special Provisions �a' berd "com brna masoirrywol an$ berm cnbre'cf f ] � 110' U6 (FeontjY.itN.lsl As required under Council Policy No. 542 6R& tl2tenua iun;Jn Res Mefit1W Ero ects `; tir d subject to §18.46.110.040 '(Residential Areas W"' rcent°`f`o Mai6 Rlil s o'f-'`ww Vines required on fencing; iind Ssubject to § 18.46.110.050.0502 *only where fence is not visible to public right -of -way other than railroads otes on 1 ame 4o -A: 1. Properties with a resolution of intent to a zone other than residential shall not be treated as residential. 2. Properties zoned "T," that are not developed with a residential use, shall not be treated as residential. F:\asantal \attach -Table 46 -A.doc 2 of 2 5 -14 -05 Attachment - Item No. 2 Table 90 -A Section18.90.100 Table 90 -A ZONE CORRESPONDENCE Single-Family Residential Zones Current Fortner Zoning Code R11-1 Single - Family Hillside, Residential RS -HS- 43,000 Residential, Single - Famity Hillside RH -2 Single-Family Hillside, Residential RS -HS- 22,000 Residential, Single- Family Hillside RH -3 Single - Family Hillside, Residential RS -HS- 10,000 Residential, Single - Family Hillside RS -1 Single-Family, Residential RS- 10,000 Residential, Single - Family RS -2 Single - Family, Residential RS -7200 Residential, Single - Family RS-3 Single - Family, Residential RS -5000 Residential, Single - Family RS -4 I Single- Family, Residential No Corresponding Former Zone Multiple—Family Residential Zones Current Former Zoning Code RM -1 Multiple- Family, Residential No Corres onding Former Zone RM -2 Multiple- Family, Residential RM -3000 Residential, Multiple-Family RM -3 Multiple- Family, Residential RM -2400 Residential, Multiple-Family RM -4 Multiple- Famil , Residential RM -1200 Residential, Multi le- Family — a "t " "' a RM -1000 Residential, Multiple - Family LYSti�ttpf e' 7-ua HVIFes'WHt a1 Planned Community Zone Current Former Zoning Carle No Replacement Zone for Former Zone PC Planned Community Commercial Zones Current Former Zoning Code CG General Commercial CL Commercial, Limited Former Zone Incorporated into CG Zone CG Commercial, General Former Zone Incorporated into CG Zone CH Commercial, Heavy Fortner Zone Incorporated into CG Zone CL -HS Commercial, Limited — Hillside C -NC Neighborhood Center Commercial No Corresponding Former Zone C -R Regional Commercial No Corres onding Former Zone 0 -L Low Intensity Office CO Commercial, Office and Professional 0 -H High Intensity Office No Corresponding Former Zone Industrial Zones Current Former Zonin Carle I Industrial ML Limited Industrial Former Zone Incorporated into I Zone MH Heavy Industrial Public and Sp ecial Purpose Zones Current Former Zoning Code OS Open Space OS Open S ace PR Public Recreational PR Public Recreational SP Semi- Public No Corres ondin Former Zone T Transition RS -A- 43,000 ResidentiaVAgricuttural FAasantaAattach -Table 90 -A.doc 1 of 2 4 -14 -05 Attachment - Item No. 2 Table 90 -A ZONE CORRESPONDENCE Parkin /Commercial and Parkin /Industrial Zones Current Former Zoning Code IC •• ..b 61 .`- •' .FiS. DIY' 141P: "I RI:2iiYrc •• RI1N8E Q ,,,,, 0 PD -C /RM- 2400 ParkingDistrict - Commercial /Multiple - Family Residential 1t11Z =`�' N1�Yl�t le ° ''- �¢Famil:"`ll�esii]'tL'ia1 3 ai�a mare g � . , w w °� a aNrar PD -C Parking Distict — Commercial PLD -M Parking/Landscape District — Manufacttring k�'oRe "' "I�met`iE�'$�e fu"l::�or�her��oiie Over ay Zones Current Former Zoning Code (PTMU) Platinum Triangle Mixed Use Overlay (SE) Sports Entertainment Overlay (BCC) Brookhmst Commercial Corridor Overlay (BCC) Brookhurst Commercial Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay (SABC) South Anaheim Boulevard Corridor Overlay (0) Oil Production Overlay Sub'cfa l8`38L$AlOrl?fliic�i n' (SC) Scenic Corridor Overlay (SC) Scenic Corridor Overlay (FP) Floodplain Overlay (FP) F10Od ver plam Olay (MHP) Mobile Home Park Overlay (MHP) Mobilehome Park Overlay (DMU) Downtown Mixed -Use Overlay (DMU) Downtown Mixed -Use Overlay (MU) Mixed Use Overlay No Corresponding Former Zone Specific Plan Zones The names of the specific plan zones did not change — the cha ter numbers changed as indicated Chu terNumber Title Current Former Specific Plan No. 87 -1 (The Highlands) 18.100 18.70 Specific Plan No. 88 -1 (Sycamore Canyon) 18.102 18.71 Specific Plan No. 88 -2 (Summit) 18.104 18.72 Specific Plan No. 88 -3 PacifiCenter 18.106 18.73 Plan No. 90 -1 (Festival) 18.108 18.74 — Specific Specific Plan No. 90 -2 (East Center Street Development) 18.110 18.75 Specific Plan No. 90 -4 (Mountain Park) 18.112 18.76 Plan No. 90 -3 (Cypress Canyon) Rescinded 18.77 -- Specific Specific Plan No. 92 -1 (Disneyland Resort) 18.114 18.78 Specific Plan No. 92 -2 (Anaheim Resort) 18.116 18.48 Plan No. 93 -1 (Hotel Circle) 18.118 18.79 -- Specific Specific Plan No. 94 -1 (Northeast Area) 18.120 18.110 (Ord. 5944 § 29; September 28, 2004) (Ord. 5948 § 7; November 9, 2004) P:%mantal \attach -Table 90 -A.doc 2 of 2 4 -14 -05 ITEM NO. 1 -A D Zoning Code Amendment 2005 -00040 Subject Property Date: June 27, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. City -wide REQUEST TO AMEND THE ZONING CODE PERTAINING TO THE ESTABLISHMENT OF BUILDING AND GROUND - MOUNTED TELECOMMUNICATION FACILITIES ON PUBLIC RECREATIONAL FACILITIES WITHIN THE SCENIC CORRIDOR OVERLAY, OPEN SPACE AND RESIDENTIAL ZONES, TO CLARIFY THE DEFINITION OF CERTAIN TYPES OF TELECOMMUNICATION FACILITIES, AND TO ADD STANDARD CONDITIONS OF APPROVAL TO THE TELECOMMUNICATION ANTENNA REVIEW PERMIT PROCESS- City-wide 1 875 Staff Report to the Planning Commission June 27, 2005 Item No. 3 3a. CEQA NEGATIVE DECLARATION 3b. ZONING CODE AMENDMENT NO. 2005 -00040 (Motion for Continuance) LOCATION: (1) Citywide- REQUEST (2) This is a City- initiated (Planning and Community Services Departments) request to amend the zoning code pertaining to the establishment of building and ground- mounted telecommunication facilities on public recreational facilities (parks and golf courses) within the Scenic Corridor Overlay, Open Space and Residential zones, to clarify the definition of certain types of telecommunication facilities, and to add standard conditions of approval to the Telecommunication Antenna Review Permit process- BACKGROUND (3) In 2003, the Mayor directed the Community Services Department to assess the feasibility of working with telecommunication providers to establish facilities on City -owned parks to generate income to off -set park operating and maintenance costs. In January 2004, the Community Services Department sent out Requests for Proposals to cellular phone service companies for the development of cellular antennas to be placed at various City park facilities. In April of 2004, the Community Services Department prepared a memo to the City Manager's Office requesting permission to begin the negotiation process with the providers. Although the City already had several telecommunication facilities on City - owned properties, there was no policy regarding lease terms, time frames, or monetary compensation, etc., to be included in the lease. In an effort to streamline the process, the Community Services Department in August 2004, initiated the development of a standardized lease agreement that would be used City -wide for any provider proposing to establish a telecommunication facility on a City -owned park or other facility operated by the Community Services Department. In December 2004, the Community Services Department provided a memo to the City Manager /City Council on the status of completing the standardized agreement. In March 2005, the agreement was distributed to all vendors who had expressed an interest in a park location. (4) In May of this year, the Planning Commission approved a policy interpretation request (see attached staff report) pertaining to building- mounted telecommunication facilities within the SC (Scenic Corridor) Overlay Zone to determine that telecommunication facilities located on athletic field lights in conjunction with a recreation facility (park or community center) be considered "building- mounted ". Staff requested this policy direction from the Planning Commission as an interim measure until a zoning code text amendment could be prepared to allow Community Services staff to continue to negotiate with wireless providers on telecommunications facilities at Toyon and Canyon Rim Parks. Sr ZCA2005- 00040 062705 JR.doc Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 3 (5) Staff is recommending a continuance of this item to the July 25, 2005, Commission meeting, to allow staff more time to prepare comprehensive changes to Section 18.60 (Supplemental Uses) to address the objectives of both the Community Services Department and the Planning Department RECOMMENDATION: (6) Staff recommends the Planning Commission, by motion, continue this item to the July 25, 2005, Commission meeting. Page 2 Item No. 3 Staff Report to the Planning Commission May 2, 2005 Item No. 1 -D 1 -D. REPORTS AND RECOMMENDATIONS d. REQUEST FOR POLICY DIRECTION FROM PLANNING COMMISSION PERTAINING TO BUILDING - MOUNTED TELECOMMUNICATION FACILITIES WITHIN THE SC (SCENIC CORRIDOR) OVERLAY ZONE (Motion) REQUEST: (1) Staff requests Planning Commission provide direction pertaining to building- mounted telecommunication facilities within the SC (Scenic Corridor) Overlay Zone- BACKGROUND (2) In 2003, the Mayor directed the Community Services Department to assess the feasibility of working with telecommunication providers to establish facilities on City -owned parks to generate income to off -set park operating and maintenance costs. In January 2004, the Community Services Department sent out Requests for Proposals to cellular phone service companies for the development of cellular antennas to be placed at various City park facilities. In April of 2004, the Community Services Department prepared a memo to the City Manager's Office requesting permission to begin the negotiation process with the providers. Although the City already had several telecommunication facilities on City - owned properties, there was no policy regarding lease terms, time frames, or monetary compensation, etc., to be included in the lease. In an effort to streamline the process, the Community Services Department in August 2004, initiated the development of a standardized lease agreement that would be used City -wide for any provider proposing to establish a telecommunication facility on a City -owned park or other facility operated by the Community Services Department. In December 2004, the Community Services Department provided a memo to the City Manager/City Council on the status of completing the standardized agreement. In March 2005, the agreement was distributed to all vendors who had expressed an interest in a park location. (3) At the time Community Services staff began discussions with several telecommunication providers to develop facilities at City parks, the Zoning Code allowed telecommunication facilities within the Scenic Corridor Overlay subject to approval of a conditional use permit. The 2004 comprehensive update of the General Plan and Zoning Code included an update specifically addressing telecommunication facilities throughout the City. As a result of this update, the Zoning Code only allows building- mounted telecommunication facilities that are incorporated into the architecture of an existing structure within the Scenic Corridor Overlay Zone— prohibiting all other types of facilities. This provision would also apply to City -owned parks that are within the Overlay (Riverdale Park, Toyon Park, Canyon Rim Park, to name a few). Sr Telecom on Parks 050205 JR.doc Page 1 Item No. 3 Staff Report to the Planning Commission May 2, 2005 Item No. 1 -D (4) In March of this year, the City Council did not act on the renewal of the lease agreement for the telecommunications facility at Riverdale Park, and inquired if staff had identified other potential carriers that could co- locate at this facility prior to finalizing the agreement. Because of the changes to the Municipal Code as a result of last year's update, Planning Services Division staff and Community Services Department staff have been discussing an appropriate mechanism to address the establishment of telecommunication facilities on City -owned parks within the Scenic Corridor Overlay Zone, in a manner that would provide enhanced coverage to the community and be aesthetically sensitive to the surrounding land uses. Staff is requesting this policy direction from the Planning Commission pertaining to building- mounted telecommunication facilities within the Scenic Corridor Overlay Zone, as an interim measure until a zoning code text amendment is proposed so that Community Services staff can continue to negotiate with wireless providers on telecommunications facilities at Toyon and Canyon Rim Parks- DISCUSSION (5) Code Section 18.38.060 currently prohibits the establishment of stealth, ground mounted telecommunication facilities within the Scenic Corridor Overlay Zone, and allows building- mounted facilities in every zone, except single - family residential and open space zones, and the Scenic Corridor Overlay Zone, subject to approval of a Telecommunications Antenna Review Permit, as indicated in the table (18.38.060.030.040) below: Zones Type of Facility Single Family Multiple Family & Mixed Use Non - Residential Scenic Corridor Overla Stealth - Telecommunications Telecommunications Telecommunications Building- Antenna Review Antenna Review Antenna Review Permit Mounted Not Permitted Permit Required Permit Required Re uired Stealth - Ground- Conditional Use Permit Mounted Not Permitted Not Permitted Required Not Permitted As indicated in Code Section 18.38.060.030 ground- mounted and building- mounted facilities are defined as follows " 0302 Building- mounted. Mounted to the side or roof of a building, to the fapade of a building or to the side of another structure such as a water tank, church steeple, freestanding sign, or similar structure, excluding utilities transmission towers.' ".0305 Ground - mounted. Mounted to a pole, monopole, tower or other freestanding structure specifically constructed for the purpose of supporting an antenna." (6) Code Section 18.90.060, gives authority to the Planning Commission to clarify certain items within the Zoning Code if ambiguity arises concerning the appropriate classification of a particular use within the meaning and intent of the Code. Staff is requesting the Planning Commission determine that telecommunication facilities that are located on Page 2 Item No. 3 Staff Report to the Planning Commission May 2, 2005 Item No. 1 -D athletic field lights in conjunction with a recreation facility (park or community center) be considered "building- mounted ". (7) Staff believes that telecommunications facilities established on existing athletic field lights in conjunction with a recreation facility (park or community center), or installed in conjunction with the installation of athletic field lights should be considered building - mounted facilities for the purposes of interpretation and application of the Municipal Code- RECOMMENDATION (8) Staff recommends that unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public meeting, that the Commission (a) By motion, determine that telecommunication facilities proposed to be located on athletic field lights in conjunction with a recreation facility (park or community center) be considered "building- mounted" and that such uses may be allowed in zones where building- mounted facilities are permitted, subject to approval of a Telecommunications Antenna Review Permit. Page 3 ITEM NO. 1 -A I (PTMU) RCL 56 -57 -93 RCL 2004 -00129 CUP 3873 RCL 99 -00-15 CUP 2562 (Res. of Int. to SE) CUP 2508 PR (PTMU) RCL 90 -91 -06 CUP 1908 ANGEL STADIUM (Res. of Int. to CO) CUP 1725 PARKING RCL 66 -67 -14 CUP 1587 STADIUM BUSINESS PARK SMALL INDUSTRIAL FIRMS COMMERCIAL SHOPS O-L (PTMU) RCL 99 -00 -15 (Res of 1- to SE) (PTMU) RCL 81 -82 -02 O-L TTM 16826 99-0 < RCL 56 -57 -93 RCL 99 -00 -1-1 5 -RCL 99 -00 -15 (1) Q VAR 4326 (Res. of Int. to SE RCL 85 -86 -02 > UCI MEDICAL CENTER VAR 3279 RCL 81 -82 -02 Res. of Int. to CO) PARKING RCL 56 -57 -93 RCL 66 -67 -14 _ J GENERAL SERVICES AND CUP 2979 RCL 56 -57 -93 MATERIALS MANAGEMENT VAR 4326 VAR .086 N O FACILITY VAR 3279 PARKING DAG 2005 -00006 00 I (PTMU) CL METRO CENTRE T -FSP 2002 -00003 ( (CUP 2713)4) RCL 99-00.15 OFFICE BUILDING FSP 99-04 VACANT PARKING LU (Res. of Int. to SE) RCL 66 -67 -14 W RCL 56 -57 -93 566 LU VAR 4235 SUMMITVILLE O- L(PTMU) J TILE I (PTMU) RCL 99 -00 -15 O RCL 99 -0615 I (PTMU) (Res. of Int. to SE) U :es. of Int. to SE) RCL 99 -00 -15 RCL 81 -82 -09 RCL 66 -67 -14 RCL 66 -67 -14 RCL 56 -57 -93 (Res of 6- to SE) W CUP 1953 RCL 66 -67 -14 R VAR 34623 1-- ETRO CENTRE RCL 56 -57 -93 m Q RCL 99 -00.15 OF OFF. BLDG. CUP 1953 VAR 3606 O-L (PTMU) m Res. of 9- G- SE) OFFICE BUILDING VAR 3587 FICE ~ ( RCL f Int. to STADIUM CENTRE BUILDING U) RCL 56-57-93 Ii PARKING L 1(P MU) ELEC VACANT ORANGEWOOD AVENUE _ A A NAHEIM CITY LIMITS ' I I(PiMU) Ri;L969 15 VACANT \ \\ ( ( �� (Res of Int to SE) \ ■ RCL6667 -14 \ (-+� ( ( / ■ RCL 5 57 -93 \ ( ( CUP2777 I (m 1U) ■ RCI Fl(i -F Tentative Tract Map No. 16826 Subject Property Development Agreement No. 2005 -00006 Date: June 13, 2005 Scale: 1"=200' Requested By: STADIUM LAND PARTNERS, LLC Q.S. No. 108 TENTATIVE TRACT MAP NO. 16826- TO ESTABLISH A 1 -LOT, 266 -UNIT AIRSPACE ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. DEVELOPMENT AGREEMENT NO. DAG2005- 00006- REQUEST TO ADOPT A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND STADIUM LAND PARTNERS, LLC, FOR THE GATEWAY CENTRE CONDOMINIUM PROJECT TO CONSTRUCT A 266 -UNIT RESIDENTIAL CONDOMINIUM PROJECT. 2045 South State College Boulevard - Gateway Centre Condominiums 1851 Date of Aerial Photo: May 2002 Tentative Tract Map No. 16826 Development Agreement No. 2005 -00006 Requested By: STADIUM LAND PARTNERS, LLC ® Subject Property Date: June 13, 2005 Scale: 1"=200' Q.S. No. 108 TENTATIVE TRACT MAP NO. 16826 - TO ESTABLISH A 1 -LOT, 266 -UNIT AIRSPACE ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION. DEVELOPMENT AGREEMENT NO. DAG2005- 00006- REQUEST TO ADOPT A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF ANAHEIM AND STADIUM LAND PARTNERS, LLC, FOR THE GATEWAY CENTRE CONDOMINIUM PROJECT TO CONSTRUCT A 266 -UNIT RESIDENTIAL CONDOMINIUM PROJECT. 2045 South State College Boulevard - Gateway Centre Condominiums 1851 Staff Report to the Planning Commission June 27, 2005 Item No. 4 4a. CEQA MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PLAN NO. 131 (Motion) 4b. TENTATIVE TRACT MAP NO. 16826 (Motion) 4c. DEVELOPMENT AGREEMENT NO. 2005 -00006 (Resolution) SITE LOCATION AND DESCRIPTION (1) This irregularly- shaped, 3.8 -acre property has a frontage of 292 feet on the west side of State College Boulevard, a maximum depth of 566 feet, and is located 337 feet north of the centerline of Orangewood Avenue (2045 South State College Boulevard — Gateway Centre Condominiums). REQUEST: (2) The applicant requests approval of the following: Tentative Tract Map No. 16826 - establishing a 1 -lot, 266 -unit airspace attached residential condominium subdivision. Development Agreement No. 2005 -00006 - recommending to City Council adoption of a Development Agreement between the City of Anaheim and Newport Federal, for the Gateway Centre Condominium Project to construct a 266 -unit residential condominium project. The Planning Commission's role is to look at the land use aspects of the Agreement, specifically whether the eligibility criteria has been met, whetherthe Agreement is consistent with the General Plan and whether the project implemented by the Agreement is compatible with the development of the surrounding area. The City Council will consider whether to approve the Agreement- BACKGROUND (3) At the request of the applicant, this item was continued from the June 13, 2005, Commission meeting to allow time to prepare more detailed final exhibits in anticipation of the public hearing. (4) This property is currently vacant and contains overflow parking (not required by Code) for an adjacent office building and is zoned I (PTMU) (Industrial, Platinum Triangle Mixed Use Overlay). The Anaheim General Plan designates this property and all surrounding properties for Mixed Use land uses. The Platinum Triangle Master Land Use Plan (PTMLUP) further indicates the property is located in the Gateway District of the PTMU Overlay. SRDAG0506 PC062705jr Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 4 (5) The proposed project would include the construction of 266 multi - family units, subdivided into one (1) lot for condominium purposes and the construction of an associated public street. The applicant proposes development of a five -story building with attendant driveways, sidewalks and landscaping. The development would be constructed in the "podium" style, with four levels of residential units situated above two levels of subterranean parking. Vehicle access to the site would be provided on the proposed Connector Street, designated "Street `A' on the conceptual site plan, which would border the proposed project site on the north. Covered parking stalls would be provided at ground level and in a subterranean parking garage. Pedestrian access into the development would be provided via State College Boulevard. Site amenities would include a recreation building, swimming pool and spa on the second level of the structure. TENTATIVE TRACT MAP NO. 16826 DISCUSSION: (6) The tentative tract map indicates the subdivision would consist of one (1) lot for condominium purposes for 226 residential attached airspace condominium units. View of property looking west from State College Boulevard (7) On August 17, 2004, the City Council approved the PTMLUP to implement the goals and policies of the General Plan for The Platinum Triangle including serving as a blueprint for future development and street improvements. The City Council also adopted the PTMU Overlay Zone (Chapter 1820 of the Anaheim Municipal Code) and an associated standardized Platinum Triangle Development Agreement. The PTMU Overlay Zone encompasses approximately 375 acres and five Districts (the Katella, Gene Autry, Gateway, Arena and Stadium Districts) within The Platinum Triangle, as depicted on the PTMLUP. The PTMU Overlay Zone provides opportunities for high quality well- designed development projects that could be stand -alone residential projects or combined with non - residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. Properties encompassed by the PTMU Overlay Zone can be operated, developed or expanded under their existing underlying zone or, if the property owner chooses, developed under the PTMU Overlay Zone standards. Ordinances Page 2 Staff Report to the Planning Commission June 27, 2005 Item No. 4 adopting the PTMU Overlay Zone requirements and reclassifying certain properties to the PTMU Overlay Zone (those properties designated for Mixed Uses by the General Plan) were finalized on September 23, 2004. (8) Development in the PTMU Overlay Zone is implemented through the administrative processing of a Final Site Plan (to show compliance with the Code) and entering into the standardized Development Agreement with the City. The Code requires the Final Site Plan to be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMLUP and the PTMU Overlay Zone. Once approved, the Final Site Plan is incorporated into the Development Agreement as an exhibit. (9) The applicant submitted Final Site Plan No. 2005 -00003 to provide for the development of the project. Based upon a review of the plans and in accordance with the authority set forth in Section 1820.170 (Implementation) of the Anaheim Municipal Code, on June 9, 2005, the Planning Director approved Final Site Plan No. 2005 - 00003, subject to the approval of Tentative Tract Map No 16826 and Development Agreement No. 2005 - 00006. This approval was based upon the determination that the Final Site Plan is in conformance with the provisions of the PTMLUP and the PTMU Overlay Zone. The approved Final Site Plan is attached as Exhibit "B" to the Development Agreement. Following is a summary of the approved Final Site Plan: Development Standard Gateway Centre — 266 Condominiums Code Requirement Site Area acres 3.47 net N/A DU /Acre 76.6 Minimum 50 units required and maximum 100 du /acre Lot Coverage 66% 75% maximum Recreation /Leisure Area 60,938 s.f. total 229 s.f. per unit 200 s.f/ unit minimum Height 50 feet 100 feet maximum (10) Primary access to the project would be via a proposed connector street (Street A) located at the northern boundary of the site from a proposed signalized intersection at State College Boulevard. The two levels of subterranean parking would provide 612 parking spaces (the PTMU Overlay requires a minimum of 533 spaces based on the unit mix). No on- street parking would be allowed on the connector street or along the project frontage on State College Boulevard. Two (2) moving plazas would be provided for the project: one on the new Connector Street and the other adjacent to the fire access easement on the parcel to the south (to be utilized on weekends and holidays only as required by Code). The moving plaza on the connector street would be utilized for delivery of items to the site, and would be adjacent to the refuse pick up area for the building. Primary pedestrian access to the building would be from State College Boulevard, with a secondary access along the south side of the building, facing the parking area of the adjacent office building (11) The site plan indicates building setbacks would be 10 feet from the Connector Street on the north and 13 feet from State College Boulevard on the east. Interior setbacks would vary from five to ten feet, and would contain a six -foot high decorative wall interspersed with planting niches to break up the wall plane viewed from the south and the west. Page 3 Staff Report to the Planning Commission June 27, 2005 Item No. 4 (12) The floor plans indicate four different arrangements. The unit mix would consist of: 39 one - bedroom/ one -bath units approximately 908 square feet in size (Plan 1); 176 two- master- bedroom/two -bath units approximately 1,164 square feet in size (Plan 2); 15 three - bedroom/three -bath units approximately 1,404 square feet in size (Plan 3); and 30 three - bedroomttwo- and -a- half -bath units approximately 1,499 square feet in size (Plan 4). The average unit size is 1,220 square feet. Colored Rendering of East Elevation (Facing State College Boulevard) (13) The elevation plans indicate that the fifty foot high podium building would be constructed in an Italianate style that incorporates numerous design elements. Exterior finishes would include six different colors of painted smooth - textured stucco and concrete tile roofs with cornice trim parapets. Architectural features would include two variations of brick veneer fagades on portions of the building exterior, a covered portico for pedestrian access from State College Boulevard, arched trims at ground floor entries, window awnings distributed on each building elevation and decorative wrought iron railings on the balconies. The main entry into the complex's two -story lobby from State College Boulevard (as seen above) would project out from the main building plane and would be framed by a two story archway and storefront windows on each side of the arched entry. The entry would be enhanced with brick veneer the full height up to the second floor with a decorative brick cornice cap spanning the entryway plane. A tower element treated with brick veneer to the full height of the structure would extend upward from the right side of the entryway, creating a visual break in elevation and distinguishing the entry from the remainder of the building. Ground level units would contain patio areas that would provide connectivity to public pedestrian accessways. These ground floor patio areas along State College Boulevard would also incorporate planters within the patio walls to provide privacy for these units, as well as break up the building line with additional landscaping. As required by the PTMU Overlay, the patio areas along the newly proposed connector street would provide secondary access directly from the public sidewalk into the ground floor units. Three of the four building corners would be cut at a diagonal to the other building planes and a separate raised roofline from the remainder of the building to provide focal interest at the street intersection and building edges. These corner treatments contain a brick veneer the full height (five- Page 4 Staff Report to the Planning Commission June 27, 2005 Item No. 4 stories) and have a unique window style that differs from the other elevations — creating additional visual interest. Two of the corner elements contain additional landscaping adjacent to the building and a fountain would be placed at the base of the building adjacent to the proposed signalized intersection of the new Connector Street and State College Boulevard. Each of the building elevations incorporates the use of varied cornice treatments to cap the building, the use of awnings and shutters, varied building materials (multi - colored brick and smooth stucco with and without scored reveals), as well as the use of secondary tower elements throughout the building. Decorative wrought iron railing would be used for the proposed balconies and pedestrian access gates as well. (14) The landscape plans reflect interior landscaped setbacks varying from five to ten feet along the south and west property lines. These areas would be planted with a variety of evergreen and flowering trees, shrubs and groundcover, and clinging vines to cover the walls within this area. These walls would have niches to accommodate trees and vines. The niches are intended to soften the interface of the project with the adjacent parking areas. A fully landscaped ten -foot setback along the new connector street and a thirteen - foot fully landscaped setback are proposed along State College Boulevard. The Connector Street would contain parkways planted with Magnolia trees and low flowering shrubs within the parkway and within the setback areas. This setback area would further contain evergreen and flowering trees, and pedestrian walkways with decorative pavement leading to the ground floor units. Flowering shrubs, groundcover, and trees would be installed within the setback area along State College Boulevard. The parkway would contain low flowering shrubs and groundcover, and Mexican Fan Palm and Golden Trumpet trees in conformance with the Landscape Identity Plan of the Platinum Triangle MLUP. Ground floor patios would contain planter boxes along the top of the patio walls as well. Interior courtyard areas would be landscaped with a ratio of 1:1 hardscape to landscape, as required by the PTMU Overlay. These courtyard areas would further contain enlarged ground floor patio areas, raised planter boxes, and decorative wrought iron railing /gates throughout. Other amenities would include a 3,621 square -foot recreation area with an adjacent swimming pool and spa. The recreation area would be located on the second level, within the eastern section of the complex, and would be surrounded on all sides by residential units. (15) Project construction would commence the first quarter of 2006, and be completed by the second quarter of 2007. Grading for the project would generate approximately 51,400 cubic yards of material for export, which would be disposed of at a legal disposal site approved for this type of material or utilized for another development. DEVELOPMENT AGREEMENT NO. 2005 -00006 DISCUSSION: (16) In 1982, the Legislature of the State of California adopted Section 65864, et. Seq. of the California Government Code authorizing a city and an applicant for a development project to enter into a development agreement, permitting cities to contract with property owner /developers for their mutual benefit in a manner not otherwise available to the parties. A development agreement is a contract for development which provides a property owner /developer a vested right to proceed with an approved development, "freezing' the entitlement along with established regulations and fees, in exchange for the City obtaining benefits over and above what would otherwise be required by existing regulations and ordinances. (17) On November 23, 1982, the City enacted Ordinance No. 4377 making the City subject to the Statute and adopted Resolution No. 82R -565 (Procedures Resolution) establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City. On August 17, 2004, the City Council adopted Page 5 Staff Report to the Planning Commission June 27, 2005 Item No. 4 Resolution No. 2004 -179 approving a standardized form for the Platinum Triangle Development Agreement to implement projects in the PTMU Overlay Zone. The Platinum Triangle Development Agreement is intended to provide the property owner /developer with a maximum amount of flexibility while ensuring development and maintenance of high quality projects that carry out the vision for The Platinum Triangle. (18) Pursuant to the Procedures Resolution, the Planning Commission is required to make a recommendation to the City Council relative to the proposed Development Agreement. The Planning Commission must determine whether the applicant has demonstrated eligibility to enter into the Development Agreement by finding the project satisfies one or more of the eligibility requirements set forth below: (a) That the project shall occupy at least 50 acres; or (b) That, upon completion, the project shall result in the construction of at least 250 dwelling units, 250,000 square feet of commercial -office space, or 250,000 square feet of industrial space; or (c) That the project will be constructed in phases over an anticipated period of not less than 5 years; or (d) That the Planning Director finds that the public health, safety or general welfare of the citizens of Anaheim will best be served by accepting an application for consideration by the Planning Commission and City Council. The Planning Commission must also determine whether the proposed Agreement is consistent with the General Plan, compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, compatible with the orderly development of property in the surrounding area; and not otherwise detrimental to the health, safety and general welfare of the citizens of Anaheim. (19) Staff has reviewed the proposed Development Agreement and finds that the Agreement has been prepared in conformance with the form of the standardized Platinum Triangle Development Agreement approved per Resolution No. 2004 -179. Further, the applicant has demonstrated eligibility to enter into the Development Agreement since the project will result in the construction of 266 residential dwelling units for the development of the Gateway Centre Condominium Project, which is consistent with and implements the goals and policies of the General Plan Mixed Use land use designation for The Platinum Triangle and The Platinum Triangle Master Land Use Plan by providing for a high - quality residential project. The Development Agreement would ensure completion of the development as proposed. The plans associated with the project depict a high - quality multiple - family development that incorporates a variety of rooflines, prominent entry features, and numerous architectural details with common and semi - private open space enhanced by landscaping, decorative paving treatments, and low garden walls and detailed wrought iron fencing. The plans would also provide for an associated public street, widening of State College Boulevard, and associated right -of -way landscaping and hardscape improvements. Further, in approving the Final Site Plan for the Gateway Centre Condominium Project, the Planning Director determined that the Final Site Plan was consistent with the PTMU Overlay Zoning requirements, subject to approval of Tentative Tract Map No. 16826 and Development Agreement No. 2005 - 00006. The Development Agreement contains exhibits for the entire project, as well as conditions of approval associated with the overall development, the tentative tract map, associated development of street improvements, as well as ongoing maintenance associated with the proposal. As recommended by the Planning Commission, the Development Agreement includes a Page 6 Staff Report to the Planning Commission June 27, 2005 Item No. 4 condition pertaining to pre- wiring for satellite or other cable services, in order to minimize the impact of individual tenant exterior - mounted satellite dishes. ENVIRONMENTAL IMPACT ANALYSIS: (20) On May 25, 2004, the City Council certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans (including an Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle) (FEIR No. 330) under Resolution No. 2004 -04, in conjunction with the consideration and adoption of the citywide General Plan and Zoning Code Update Program and a series of related actions. (21) On August 24, 2004, the City Council determined that the previously certified FEIR No. 330 was adequate to serve as the environmental documentation for The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone, the form of the standardized Platinum Triangle Development Agreement and other related reclassification actions. It was also determined that future individual development projects and infrastructure improvements which are proposed to implement The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone would require further environmental review and analysis of potential site specific environmental impacts in conjunction with the processing of discretionary applications. The public review period has commenced for the Subsequent EIR (to end July 15, 2005) to provide additional environmental documentation for these requests (it is anticipated that this work will be completed by August of this year). Projects that precede certification of the Subsequent EIR require independent environmental review and documentation. (22) A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration was circulated to public agencies and interested parties on May 19, 2005, for a 20 -day comment period. The NO[ and associated Initial Study outlined the environmental issues to be addressed in Mitigation Monitoring Plan No. 131, including: Aesthetics/Visual, Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Hydrology and Water Quality, Land Use and Planning, Noise, Transportation/Traffic, Utilities /Service Systems, and Cumulative Impacts. (23) On May 31, 2005, the Anaheim City School District submitted a Response to the NO[ associated with this project, indicating the District does not have adequate capacity to house students generated from this development. State Senate Bill 50 provides that the payment of developer fees is the only legal requirement for mitigating school facilities impacts. Measure 6.5 -1 of Mitigation Monitoring Plan No. MMP 106 (applicable to this project) requires that the property owner /developer provide proof to the Building Division of the Planning Department that school impact fees have been paid consistent with State statutes prior to issuance of building permits. (24) Staff has reviewed the Initial Study for the proposed project, a copy of which has been provided to the Planning Commission and is available for review in the Planning Department, and finds that with the incorporation of mitigation measures set forth in Mitigation Monitoring Program No. 131, no significant environmental impacts would result from the proposed project not already analyzed under FEIR No. 330 that could not be adequately mitigated and, therefore, recommends that a Mitigated Negative Declaration be approved upon a finding by the Planning Commission that the Mitigated Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed Mitigated Negative Declaration together with any comments received during the public review process and further finding on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. Page 7 Staff Report to the Planning Commission June 27, 2005 Item No. 4 FINDINGS: (25) The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory to include in all motions approving, or recommending approval of a tract map, a specific finding that the proposed Subdivision together with its design and improvement is consistent with the City's General Plan. Further, the law requires that the Commission make any of the following findings when denying or recommending denial of a tract map: 1. That the proposed map is not consistent with applicable General and Specific Plans. 2. That the design or improvement of the proposed subdivision is not consistent with applicable General and Specific Plans. 3. That the site is not physically suitable for the type of development. 4. That the site is not physically suitable for the proposed density of development. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the type of improvements is likely to cause serious public health problems. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. RECOMMENDATION: (26) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission take the following actions: (a) By motion recommend that the City Council, as lead agency for the project, based upon its independent review and analysis of the Initial Study prepared for the Proposed Actions, pursuant to CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, unless additional information or contrary information is received during the public hearing, find and determine, based upon said Initial Study and the evidence received at the public hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Actions, together with Mitigation Monitoring Program No. 131, are adequate to serve as the required environmental documentation for the Proposed Actions and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared. Page 8 Staff Report to the Planning Commission June 27, 2005 Item No. 4 (b) By motion approve Tentative Tract Map No. 16826, to establish a 1 -lot, 266 -unit airspace attached residential condominium subdivision. (c) By resolution based on the findings contained therein, recommend to the City Council that the applicant has demonstrated eligibility to enter into this Development Agreement; that the Agreement meets the criteria set forth in the PTMU Overlay and the standardized development agreement language adopted in conjunction with Resolution No. 2004 -179; and, that Development Agreement No. 2005 -00006 be approved and entered into by the City of Anaheim with Newport Federal. Page 9 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION RECOMMENDING CITY COUNCIL APPROVAL OF DEVELOPMENT AGREEMENT NO. 2005 -00006 BY AND BETWEEN THE CITY OF ANAHEIM AND NEWPORT FEDERAL, AND MAKING CERTAIN FINDINGS RELATED THERETO (2045 SOUTH STATE COLLEGE BOULEVARD) WHEREAS, Article 2.5 of Chapter 4 of Division 1 of Title 7 (commencing with Section 65864) of the Government Code of the State of California (hereinafter the "Statute ") authorizes a city to enter into a development agreement with any person having a legal or equitable interest in real property for the development of the property as provided in said Statute; and WHEREAS, upon request of an applicant, cities are required to establish procedures and requirements by resolution or ordinance for the consideration of development agreements; and WHEREAS, the City of Anaheim (hereinafter the "City ") heretofore on November 23, 1982, enacted Ordinance No. 4377 (hereinafter the "Enabling Ordinance ") which makes the City subject to the Statute; and WHEREAS, pursuant to subdivision (c) of Section 65865 of the Statute, the City heretofore on November 23, 1982, adopted Resolution No. 82R -565 (hereinafter the "Procedures Resolution ") establishing procedures and requirements for the consideration of development agreements upon receipt of an application by the City; and WHEREAS, on May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004 -00419 setting forth the City's vision for development of the City of Anaheim ( "General Plan Amendment "), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ( "FEIR No. 330 "), in conjunction with its consideration and approval of the General Plan Amendment, amendment of the City's zoning code, and a series of related actions; and WHEREAS, the General Plan Amendment sets forth a vision for development of Mixed Uses, Office High, Office Low, Industrial and Institutional land uses within an approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway (Interstate 5) on the west, and the Southern California Edison Company Easement on the north ( "hereinafter referred to as The Platinum Triangle "); and WHEREAS, in order to carry out the goals and policies of the General Plan for The Platinum Triangle, on August 17, 2004, the City Council adopted Resolution No. 2004 -177, approving The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle; and WHEREAS, to further implement the goals and policies of the General Plan for The Platinum Triangle and pursuant to the procedures set forth in Chapter 18.76 of the Anaheim Municipal Code, on August 24, 2004, the City Council adopted Ordinance No. 5378 amending Title 18 of the Anaheim Municipal Code to establish zoning and development standards for the Platinum Triangle Mixed -Use (PTMU) Overlay Zone (the "PTMU Overlay Zone ") and Ordinance No. 5936, amending the zoning map to reclassify approximately three hundred and seventy -five acres within The Platinum Triangle into the PTMU Overlay Zone as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality well- designed development projects that could be stand -alone projects or that combine residential with non- residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area; and WHEREAS, the PTMU Overlay Zone requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim to implement all development Cr1PC2005 -0 -1- PC2005- in the Katella, Gene Autry and Gateway Districts of the PTMU Overlay Zone, except as otherwise exempt under the Code; and WHEREAS, on August 17, 2004, the City Council adopted Resolution No. 2004 -179, approving the form of the Standard Development Agreement for the PTMU Overlay Zone; and WHEREAS, in connection with adoption of The Platinum Triangle Master Land Use Plan, the PTMU Overlay Zone, and the form of the Standard Development Agreement for The Platinum Triangle, the City Council by resolution, as lead agency for the proposed actions, determined that FEIR No. 330 and the associated Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, were in compliance with CEQA and the state and City CEQA guidelines and were adequate to serve as the required environmental documentation for said actions based upon findings set forth in said motion; and WHEREAS, on March 29, 2005, pursuant to the Statute, the Enabling Ordinance, and the Procedures Resolution (hereinafter collectively referred to as the "Development Agreement Law "), Newport Federal, ( "Applicant'), submitted an application to the Planning Department for approval of Development Agreement No. 2005 -00006 (the "Application "), which included a proposed development agreement (hereinafter referred to as the "Development Agreement ") prepared in conformance with the Standard Development Agreement for The Platinum Triangle to vest certain project entitlements and address the implementation of the Gateway Centre Condominium Project; and WHEREAS, the Development Agreement pertains to 3.8 acres of real property in the City of Anaheim and proposed development, owned by the Applicant, commonly known as 2045 South State College Boulevard (the "Property "), which is located in The Platinum Triangle and zoned PTMU Overlay (Gateway District), and more particularly shown and described on Exhibit "A ", which is attached hereto and incorporated herein by this reference; and WHEREAS, the Applicant desires to develop the Property in accordance with the provisions of the Development Agreement by developing a multiple family residential project consisting of 266 residential dwelling units and a 612 space parking structure, as more particularly set forth in Final Site Plan No. 2005 -00003 and Tentative Tract Map No 16826 (hereinafter collectively referred to as the "Project "); and WHEREAS, on June 9, 2005, the Planning Director approved Final Site Plan No. 2005- 00003 to provide for the development of the Gateway Centre Condominium Project, contingent upon the approval of Tentative Tract Map No. 16826 and Development Agreement No. 2005 - 00006, by the Planning Commission and City Council; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 13, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said Development Agreement and Tentative Tract Map No 16826 and to investigate and make findings and recommendations in connection therewith and said public hearing was continued to the June 27, 2005, Planning Commission meeting; and WHEREAS, the Applicant has demonstrated that the Project meets the eligibility requirements of the Procedures Resolution to enter into the Development Agreement by showing that, upon completion, the Project will result in the construction of 266 dwelling units and a 612 space parking structure within a period of not more than five (5) years; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of and based upon all of the evidence and reports offered at said hearing, does find and determine that the Development Agreement meets the following standards set forth in the Procedures Resolution: That the Project is consistent with the City's existing General Plan in that it is in conformance with the General Plan Mixed Use land use designation and with the goals, policies and objectives for The Platinum Triangle as set forth in the General Plan- -2- PC2005- 2. That the Project is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district because the Project is in compliance with the PTMU Overlay Zone requirements as set forth in Final Site Plan No. 2005 - 00003, which was approved by the Planning Director on June 9, 2005, and Tentative Tract Map No. 16826, which was approved by the Planning Commission on June 27, 2005. 3. That the Project is compatible with the orderly development of property in the surrounding area in that it is in conformance with and implements The Platinum Triangle Master Land Use Plan and the PTMU Overlay Zone requirements. 4. That the Project is not otherwise detrimental to the health and safety of the citizens of the City of Anaheim. 5. That the Development Agreement constitutes a lawful, present exercise of the City's police power and authority under the Statute, the Enabling Ordinance and the Procedures Resolution. 6. That the Development Agreement is entered into pursuant to and in compliance with its charter powers and the requirements of Section 65867 of the Statute, the Enabling Ordinance and the Procedures Resolution. 7. That *' indicated their presence at said public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract Map No. 16826; and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ( "CEQA "), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FOR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation Monitoring Program No. 131, are adequate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the applicant's compliance with each and all of the conditions set forth in Development Agreement No. 2005 -00006 and Tentative Tract Map No. 16826. 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. NOW, THEREFORE, BE IT RESOLVED that based upon the aforesaid findings and determinations, the Anaheim Planning Commission does hereby recommend to the City Council the approval of the Application and the Development Agreement. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. ATTEST: CHAIRMAN, ANAHEIM PLANNING COMMISSION SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2005- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 27, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VACANT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2005. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -4- PC2005- June 27, 2005 John Stanek Integral Partners, LLC. 160 Newport Center Drive, Suite 240 Newport Beach, CA 92660 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of June 27, 2005. 4a. 4b. 4c. Owner: Bradley Redelsperger, Stadium Land Partners, LLC. c/o Newport Federal 4425 Jamboree Road, Suite 250, Newport Beach, CA 92660 Agent: John Stanek, Integral Partners, LLC., 160 Newport Center Drive, Suite 240, Newport Beach, CA 92660 Location: 2045 South State College Boulevard. Property is 3.8 acres, having a frontage of 292 feet on the west side of State College Boulevard located 337 feet north of the centerline of Orangewood Avenue. Tentative Tract Map No. 16826 - to establish a 1 -lot, 266 -unit airspace attached residential condominium subdivision. Development Agreement No. 2005 - 00006 between the City of Anaheim and Newport Federal, to provide for the development of the Gateway Centre Condominium Project. The Planning Commission's role is to look at the land use aspects of the Agreements, specifically whether the eligibility criteria has been met, whether the Agreements are consistent with the General Plan and whether the project implemented by the agreements is compatible with the development of the surrounding area. The City Council will consider whether to approve the Agreements. ACTION: * ** offered a motion, seconded by Commissioner ** and MOTION CARRIED (One Commission vacancy), that the Anaheim Planning Commission has reviewed the Development Agreement in conjunction with the proposed Tentative Tract Map No. TTM 16826; and did find and determine, by motion, pursuant to the provisions of the California Environmental Quality Act ("CEQA"), based upon its independent review and consideration of an Initial Study conducted pursuant to CEQA for the Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, and the evidence received at the public hearing, that FEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with the Updated and Modified Mitigation Monitoring Program No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Proposed Development Agreement and the Proposed Project, together with Mitigation Monitoring Program No. 131, are adequate to serve as the required environmental documentation for this Development Agreement and satisfy all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement and Tentative Tract Map. Commissioner ** offered a motion, seconded by Commissioner ** and MOTION CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed tentative map, including its design and improvements, is consistent with the Anaheim General Plan, and does therefore approve Tentative Tract Map No. 16826, to establish a 1 -lot, 266 -unit airspace attached residential condominium subdivision subject to the following conditions 1 . That prior to final map approval, the City Engineer and City Attorney shall approve and the property owner shall record a maintenance covenant providing for the continued operation and maintenance of the new internal Connector Street as a private street until such time as the City accepts the offer of dedication. 2. That prior to final map approval, storm drain improvement plans for State College Boulevard and Orangewood Avenue shall be submitted to the Subdivision Section and bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney's Office prior to issuance of a building permit. The improvements shall be constructed prior to final building and zoning inspections. 3. That prior to final map approval, the property owner shall irrevocably offer to dedicate an easement to the City of Anaheim for road, public utilities and other public purposes 72 -feet from the centerline of State College Boulevard and the internal Connector Street, as shown on exhibits approved in conjunction with this Development Agreement, on file in the Planning Department. 4. That prior to final map approval, the property owner shall acquire necessary dedications from Southern California Edison or the adjacent property owner for the other part of the Connector Street outside the tract boundary to be irrevocably offered for dedication to the City of Anaheim for an easement for road, public utilities and other public purposes. 5. That prior to final map approval, 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, including compliance with an approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map, including regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 6. That prior to issuance of the first building permit, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 7. That prior to final map approval, vehicular access rights to State College Boulevard, except at street intersections, shall be released and relinquished to the City of Anaheim. 8. That prior to final map approval, the property owner shall furnish a Subdivision Agreement to the City of Anaheim, in a form to be approved by the City Attorney's Office, agreeing to complete the public improvements required as conditions of the map at the legal property owner's expense. Said agreement shall be submitted to and approved by the City of Anaheim and shall than be recorded concurrently with the final map. All public improvements shall be constructed within one year of recordation of the final map. 9. That prior to the issuance of a grading permit, the property owner shall submit to the Public Works Department, Development Services Division for review and approval a Water Quality Management Plan that- 0 Addresses Site Design Best Management Practices (BMP's) 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 BMP's as defined in the Drainage Area Management Pian- o Incorporates Treatment Control BMP's as defined in the DAMP. o Describes the long -term operation and maintenance requirements for the Treatment Control BMP's. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMP's, and describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMP's. 10. That prior to issuance of certificate of occupancy, the property owner shall: • Demonstrate that all structural BMP's described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. o Demonstrate that the applicant is prepared to implement all non - structural BMP's described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. o Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMP's. 11. That prior to grading plan approval, the property owner shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NO[) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan ( SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 12. That prior to final map approval, all units shall be assigned street addresses by the Building Division. Street names for any new public or private street shall be reviewed and approved by the Building Division. 13. That prior to final map approval, the property owner shall provide the City of Anaheim with proof of abandonment (quitclaim deed or resolution) of the existing Southern California Edison easement that runs along the northern boundary of the project in the location of the proposed connector street. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission EXC- TTM16826.doc RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92805 (Space Above Line For Recorder's Use) DEVELOPMENT AGREEMENT NO. 2005 -00006 BETWEEN THE CITY OF ANAHEIM AND NEWPORT FEDERAL 539/016909 -0015 58569202 a0623/05 TABLE OF CONTENTS Section 1. 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 Section 2. Section 3. Section 4. TERM..... BINDING COVENANTS. EFFECT OF AGREEMENT..... Page 7 E E Section 5. PROJECT LAND USES ......................................................... ..............................8 Section 6. PERMITTED BUILDINGS .................................................... ..............................9 6.1 Description of Permitted Buildings ........................................ ..............................9 6.2 Parking Areas .......................................................................... ..............................9 Section 7. DENSITY OF PERMITTED BUILDINGS ........................... ..............................9 Section 8. ENFORCEMENT ................................................................... ..............................9 Section 9. PUBLIC IMPROVEMENTS AND SERVICES .................... ..............................9 9.1 Public Park ............................................................................. .............................10 9.2 Utilities (Water, Electrical, Gas, Sewer, and Drainage) ........ .............................10 539/016909 -0015 58569202 a0623/05 -1' Page 539/016909 -0015 58569202 a0623/05 -11- 9.2.1 Water Service ................................................. .............................10 9.2.2 Storm and Sewer Drains .............................. ............................... 11 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities .............11 9.4 Traffic Circulation Improvements ....................................... ............................... 11 Section 10. REIMBURSEMENT PROVISION ....................................... .............................11 Section 11. DEDICATIONS AND EXACTIONS ................................... .............................11 Section 12. FEES, TAXES, AND ASSESSMENTS ................................ .............................12 12.1 Fees, Taxes and Assessments ................................................ .............................12 12.2 Platinum Triangle Interim Development Fees ....................... .............................12 12.2.1 Electrical Utilities Undergrounding Fee ........ .............................12 12.2.2 Fire Facilities Fee ........................................... .............................12 12.2.3 General Plan and Environmental Processing Fee .......................12 12.2.4 Library Facilities Fee ..................................... .............................12 12.2.5 Park Fee ......................................................... .............................12 12.2.6 Police Facilities Fee ..................................... ............................... 12 12.2.7 Public Works Supplemental Sewer, Storm Drain and Beautification Fees ......................................... .............................12 12.2.8 Traffic Impact Fee .......................................... .............................12 12.3 Excluded Development Fees ................................................ ............................... 13 12.3.1 Water Utilities Fees ........................................ .............................13 12.3.2 Electrical Utilities Fees .................................. .............................13 12.3.3 City Processing Fees .................................... ............................... 13 12.4 Platinum Triangle Infrastructure and/or Maintenance Assessment District.................................................................................... .............................13 12.5 Accounting of Funds ............................................................ ............................... 13 12.6 Imposition of Increased Fees Taxes or Assessments ............. .............................13 Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS ...... .............................13 Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES ...........................14 Section 15. TIMING OF DEVELOPMENT ............................................ .............................14 Section 16. EXISTING USES .................................................................. .............................14 Section 17. FUTURE APPROVALS ........................................................ .............................14 17.1 Basis for Denying or Conditional Granting Future Approvals ...........................14 17.2 Standard of Review ................................................................ .............................14 17.3 Future Amendments to Final Site Plan .................................. .............................14 Section 18. AMENDMENT ...................................................................... .............................15 18.1 Initiation of Amendment ........................................................ .............................15 18.2 Procedure ............................................................................... .............................15 18.3 Consent .................................................................................. .............................15 539/016909 -0015 58569202 a0623/05 -11- Page 18.4 Amendments ........................................................................ ............................... 15 18.5 Effect of Amendment to Development Agreement ............... .............................15 Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY .................. 15 19.1 Non - Cancellation of Rights ................................................. ............................... 15 Section 20. BENEFITS TO CITY ............................................................ .............................16 Section 21. BENEFITS TO OWNER ....................................................... .............................16 Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE .....................16 Section 23. RESERVED AUTHORITY ................................................... .............................17 23.1 State and Federal Laws and Regulations ............................... .............................17 23.2 Building Codes ....................................................................... .............................17 23.3 Public Health and Safety ........................................................ .............................17 Section 24. CANCELLATION ................................................................. .............................17 24.1 Initiation of Cancellation ....................................................... .............................17 24.2 Procedure ............................................................................... .............................17 24.3 Consent of Both Parties ......................................................... .............................17 Section 25. PERIODIC REVIEW ............................................................. .............................17 25.1 Time for Review .................................................................... .............................17 25.2 OWNER'S Submission .......................................................... .............................18 25.3 Findings .................................................................................. .............................18 25.4 Initiation of Review by City Council ................................... ............................... 18 Section 26. EVENTS OF DEFAULT ....................................................... .............................18 26.1 Defaults by OWNER ............................................................. .............................18 26.2 Specific Performance Remedy ............................................. ............................... 19 26.3 Liquidated Damages Remedy ................................................ .............................19 Section 27. MODIFICATION OR TERMINATION ............................... .............................19 27.1 Notice to OWNER ................................................................. .............................20 27.2 Public Hearing ..................................................................... ............................... 20 27.3 Decision ................................................................................. .............................20 27.4 Implementation ...................................................................... .............................20 27.5 Schedule for Compliance ....................................................... .............................20 Section 28. ASSIGNMENT ...................................................................... .............................20 28.1 Right to Assign ...................................................................... .............................20 28.2 Release Upon Transfer ........................................................... .............................21 Section 29. NO CONFLICTING ENACTMENTS .................................. .............................21 539/016909 -0015 58569202 a0623/05 -111- Page Section 30. GENERAL ............................................................................. .............................22 30.1 Force Majeure ........................................................................ .............................22 30.2 Construction of Development Agreement ............................. .............................22 30.3 Severability ............................................................................ .............................22 30.4 Cumulative Remedies ............................................................ .............................22 30.5 Hold Harmless Agreement ..................................................... .............................22 30.6 Cooperation in the Event of Legal Challenge ........................ .............................23 30.7 Public Agency Coordination .................................................. .............................23 30.8 Initiative Measures ................................................................. .............................23 30.9 Attorneys' Fees ...................................................................... .............................24 30.10 No Waiver .............................................................................. .............................24 30.11 Authority to Execute .............................................................. .............................24 30.12 Notice ..................................................................................... .............................24 30.12.1 To OWNER ................................................... .............................24 30.12.2 To CITY ......................................................... .............................24 30.13 Captions ................................................................................. .............................25 30.14 Consent .................................................................................. .............................25 30.15 Further Actions and Instruments ............................................ .............................25 30.16 Subsequent Amendment to Authorizing Statute .................... .............................26 30.17 Governing Law ...................................................................... .............................26 30.18 Effect on Title ........................................................................ .............................26 30.19 Mortgagee Protection ............................................................. .............................26 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure ............................26 30.21 Bankruptcy ............................................................................. .............................26 30.22 Disaffirmance ......................................................................... .............................27 30.23 No Third Party Beneficiaries ................................................. .............................27 30.24 Project as a Private Undertaking ............................................ .............................27 30.25 Restrictions ............................................................................ .............................27 30.26 Recitals ................................................................................... .............................28 30.27 Recording ............................................................................... .............................28 30.28 Title Report ............................................................................ .............................28 30.29 Entire Agreement ................................................................... .............................28 30.30 Successors and Assigns .......................................................... .............................28 30.31 OWNER's Title of Property .................................................. .............................28 30.32 Exhibits .................................................................................. .............................28 539/016909 -0015 58569202 a0623/05 -iv- DEVELOPMENT AGREEMENT NO. 2005 -00006 BETWEEN THE CITY OF ANAHEIM AND NEWPORT FEDERAL This Development Agreement is entered into this day of 2005, by and between the City of Anaheim, a charter city and municipal corporation, duly organized and existing under the Constitution and laws of the State of California (hereinafter "CITY ") and Newport Federal (hereinafter "OWNER"), pursuant to the authority set forth in Article 2.5 of Chapter 4 of Division 1 of Title 7, Sections 65864 through 65869.5 of the California Government Code (the "Development Agreement Statute "). RECITALS This Development Agreement is predicated upon the following facts: A. To strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic risk of development, the Legislature of the State of California adopted the Development Agreement Statute, Sections 65864, et seq., of the Government Code. The Development Agreement Statute authorizes CITY to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property in order to, among other things: encourage and provide for the development of public facilities in order to support development projects; provide certainty in the approval of development projects in order to avoid the waste of resources and the escalation in project costs and encourage investment in and commitment to comprehensive planning which will make maximum efficient utilization of resources at the least economic cost to the public; provide assurance to the applicants of development projects (1) that they may proceed with their projects in accordance with existing policies, rules and regulations, subject to the conditions of approval of such projects and provisions of such development agreements, and (2) encourage private participation in comprehensive planning and reduce the private and public economic costs of development. B. These Recitals refer to and utilize certain capitalized terms which are defined in this Development Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. C. On May 25, 2004, the Anaheim City Council approved General Plan Amendment No. 2004 -00419 setting forth the City's vision for development of the City of Anaheim (the "General Plan Amendment "), and certified Final Environmental Impact Report No. 330, adopting Findings of Fact and a Statement of Overriding Considerations, and associated Mitigation Monitoring Plans ( "FEIR No. 330 "), in conjunction with its consideration and approval of the General Plan Amendment, amendment of CITY's zoning code, and a series of related actions. D. CITY desires that the approximately 820 -acre area generally bounded by the Santa Ana River on the east, the Anaheim City limits on the south, the Santa Ana Freeway 539/016909 -0015 58569202 a0623/05 -1- (Interstate 5) on the west, and the Southern California Edison Company Easement on the north (hereinafter called "The Platinum Triangle Area ") be developed as a combination of high quality industrial, office, commercial and residential uses, as envisioned in the General Plan Amendment. E. In order to carry out the goals and policies of the General Plan for The Platinum Triangle, on May 25, 2004, 2004, the City Council approved The Platinum Triangle Master Land Use Plan, setting forth the new vision for The Platinum Triangle. F. To further implement the goals and policies of the General Plan for The Platinum Triangle, the City Council has established The Platinum Triangle Mixed -Use (PTMU) Overlay Zone (hereinafter the "PTMU Overlay Zone ") consisting of approximately three hundred and seventy -five acres within The Platinum Triangle as depicted in The Platinum Triangle Master Land Use Plan to provide opportunities for high quality well- designed development projects that could be stand -alone projects or combine residential with non - residential uses including office, retail, business services, personal services, public spaces and uses, and other community amenities within the area. G. OWNER represents that it owns in fee approximately 3.85 acres of real property located at 2045 S. State College Blvd., in the City, County of Orange (hereinafter "County "), State of California (hereinafter collectively called the "Property ") in The Platinum Triangle and zoned PTMU Overlay and more particularly shown and described on Exhibit "A" attached hereto and made a part hereof by this reference. H. OWNER desires to develop the Property in accordance with the provisions of this Development Agreement by developing a 266 -unit condominium project, on five stories over basement level parking, at a net density of 69 units per acre. A mix of one, two, and three bedroom residential units will range in size from 908 to 1,499 square feet. Ground level units will also have slightly elevated (approximately 18 inches) from the ground to ensure resident privacy from adjacent sidewalks. Certain units will have stoops and stairways allowing residents to enter directly from the street. Internally oriented podium level residential units will have larger private patios, while the remainder of externally oriented units on this level will have balconies. All residential units on the top three levels will have balconies. There are no commercial uses planned for this site. A total of 612 parking stalls are planned on both ground (guest and resident) and basement (resident only) levels. Both guest and resident parking areas will be controlled by a series of gates to ensure privacy and availability of parking spaces all as more particularly set forth in the Final Site Plan (hereinafter collectively called the "Project "). I. CITY desires to accomplish the goals and objectives set forth in the CITY's General Plan and the objectives for the PTMU Overlay Zone as set forth in subsection 18.20.010.020 of the Anaheim Municipal Code, and finds that the Project will accomplish said goals and objectives. J. The City Council, as duly recommended by the Planning Commission, adopted Ordinance No. 5936 on August 24, 2004, reclassifying the property in The Platinum Triangle, including the Property, into the PTMU Overlay Zone. DAG2005 00006.DOC -2- K. Pursuant to the Final Site Plan, OWNER will submit tentative maps and /or vesting tentative maps, if required. OWNER further anticipates the submission of detailed construction plans and other documentation required by CITY in order for the OWNER to obtain its building permits. L. As consideration for the benefits gained from the vested rights acquired pursuant to the Development Agreement Statute, to conform with the requirements of the PTMU Overlay Zone, and to comply with the applicable mitigation measures imposed by Mitigation Monitoring Program No. 106 and Mitigation Monitoring Program No. 131 for the Project, CITY is requiring that OWNER construct and install a number of public improvements, including off -site traffic circulation improvements, and provide other public benefits. M. In order to avoid any misunderstandings or disputes which may arise from time to time between OWNER and CITY concerning the proposed development of the Project and to assure each party of the intention of the other as to the processing of any land use entitlements which now or hereafter may be required for such development, the parties believe it is desirable to set forth their intentions and understandings in this Development Agreement. In order for both CITY and OWNER to achieve their respective objectives, it is imperative that each be as certain as possible that OWNER will develop and that CITY will permit OWNER to develop the Project and public improvements as approved by CITY within the time periods provided in this Development Agreement. N. CITY, as a charter city, has enacted Ordinance No. 4377 on November 23, 1982, which makes CITY subject to the Development Agreement Statute. Pursuant to Section 65865 of the Development Agreement Statute, CITY adopted Resolution No. 82R -565 (the "Procedures Resolution ") on November 23, 1982. The Procedures Resolution establishes procedures and requirements for the consideration of development agreements upon receipt of an application. O. On March 29, 2005, as required by Section 1.0 of the Procedures Resolution, OWNER submitted to the Planning Department an application for approval of a development agreement (hereinafter called the "Application "). The Application included a proposed development agreement (the "Proposed Development Agreement "). P. On May 19, 2005, as required by Section 65867 of the Development Agreement Statute and Section 2.1 of the Procedures Resolution, the Planning Director gave public notice of the City Planning Commission's intention to consider a recommendation to the City Council regarding adoption of a development agreement. Q. On June 27, 2005, as required by Section 65867 of the Development Agreement Statute and Section 2.2 of the Procedures Resolution, the City Planning Commission held a public hearing on the Application. R. On that date, the City Planning Commission, after considering an Initial Study conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined that FEIR No 330 previously certified by the City Council for the Amended General Plan and related projects, together with Mitigation Monitoring DAG2005 00006.DOC -3- Plan No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Development Agreement and the Project, together with Mitigation Monitoring Program No. 131, are adequate to serve as the required environmental documentation for this Development Agreement and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. S. The Planning Commission further found that the Development Agreement meets the following standards set forth in Section 2.3 of the Procedures Resolution, to wit, that the Proposed Project: (a) is consistent with the CITY's existing General Plan, (b) is compatible with the uses authorized in and the regulations prescribed for the applicable zoning district, (c) is compatible with the orderly development of property in the surrounding area and (d) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY. Based upon the aforesaid findings, the City Planning Commission recommended that the City Council approve the Application and this Development Agreement pursuant to Resolution No. PC 2005 - T. On , 20 , as required by Section 65867 of the Development Agreement Statute and Section 3.1 of the Procedures Resolution, the City Clerk caused public notice to be given of the City Council's intention to consider adoption of a development agreement. U. On July 26, 2005, as required by Section 65867 of the Development Agreement Statute and Section 3.2 of the Procedures Resolution, the City Council held a public hearing on the Application. V. On that date, the City Council after considering an Initial Study conducted pursuant to CEQA for this Development Agreement, and the requirements of CEQA, including Section 21166 of the California Public Resources Code and Section 15162 of the CEQA Guidelines, found and determined that FEIR No. 330 previously certified by the City Council for the Amended General Plan and related projects, together with Mitigation Monitoring Plan No. 106 for The Platinum Triangle, and a Mitigated Negative Declaration for the Development Agreement and the Project, together with Mitigation Monitoring Program No. 131, are adequate to serve as the required environmental documentation for this Development Agreement and satisfies all of the requirements of CEQA, and that no further environmental documentation need be prepared for this Development Agreement. W. On August 8, 2005, the City Council found and determined that this Development Agreement: (i) is consistent with the CITY's existing General Plan; (ii) is not otherwise detrimental to the health, safety and general welfare of the citizens of CITY; (iii) is entered into pursuant to and constitutes a present exercise of the CITY's police power; and (iv) is entered into pursuant to and in compliance with the requirements of Section 65867 of the Development Agreement Statute and the Procedures Resolution. X. In preparing and adopting the General Plan and in granting the Development Approvals, CITY considered the health, safety and general welfare of the residents of CITY and prepared in this regard an extensive environmental impact report and other studies. Without limiting the generality of the foregoing, in preparing and adopting the General Plan and in DAG2005 00006.DOC -4- granting the Development Approvals, the City Council carefully considered and determined the projected needs (taking into consideration the planned development of the Project and all other areas within the CITY) for water service, sewer service, storm drains, electrical facilities, traffic /circulation infrastructure, police and fire services, paramedic and similar improvements, facilities and services within The Platinum Triangle, and the appropriateness of the density and intensity of the development comprising the Project and the needs of the CITY and surrounding areas for other infrastructure. Y. On August 8, 2005, the City Council adopted the Authorizing Ordinance authorizing the execution of this Development Agreement. NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Statute, as it applies to CITY, and pursuant to the Enabling Ordinance, the Procedures Resolution and the CITY's inherent powers as a charter city, and pursuant to the mutual promises and covenants herein contained, the parties hereto agree as follows: Section 1. DEFINITIONS. The following words and phrases are used as defined terms throughout this Development Agreement, and each defined term shall have the meaning set forth below. 1.1 Assessment District "Assessment District" for purposes of this Development Agreement means a special district, assessment district or benefit area existing pursuant to State law or the charter powers of the CITY for purposes of financing the cost of public improvements, facilities, services and/or public facilities fees within a distinct geographic area of the CITY. 1.2 Authorizing Ordinance The "Authorizing Ordinance" means Ordinance No. approving this Development Agreement. 1.3 CITY The "CITY" means the City of Anaheim, a charter city and municipal corporation, duly organized and existing under its charter and the Constitution and laws of the State of California. 1.4 Development "Development" means the improvement of the Property for purposes of effecting the structures, improvements and facilities comprising the Project, including, without limitation: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property; the construction of structures and buildings and the installation of landscaping. 1.5 Development Agreement Date The "Development Agreement Date" means the later of (i) the date of recordation in the office of the County Recorder of this Development Agreement, or a memorandum thereof, or (ii) the effective date of the Authorizing Ordinance. 1.6 Development Agreement Statute The "Development Agreement Statute" means Sections 65864 through 65869.5 of the California Government Code as it exists on the Development Agreement Date. DAG2005 00006.DOC -5- 1.7 Development Approvals "Development Approvals" means the Final Site Plan and all site specific plans, maps, permits and other entitlements to use of every kind and nature contemplated by the Final Site Plan which are approved or granted by CITY in connection with development of the Property, including, but not limited to: site plans, tentative and final subdivision maps, vesting tentative maps, variances, conditional use permits and grading, building and other similar permits. To the extent any of such site specific plans, maps, permits and other entitlements to use are amended from time to time, "Development Approvals" shall include, if OWNER and CITY agree in writing, such matters as so amended. If this Development Agreement is required by law to be amended in order for "Development Approvals" to include any such amendments, "Development Approvals" shall not include such amendments unless and until this Development Agreement is so amended. 1.8 Enabling Ordinance The "Enabling Ordinance" means Ordinance No. 4377 enacted by the CITY on November 23, 1982. 1.9 Existing Land Use Regulations "Existing Land Use Regulations" mean the ordinances and regulations adopted by the City of Anaheim in effect on the Effective Date, including the adopting ordinances and regulations that govern the permitted uses of land, the density and intensity of use, and the design, improvement, construction standards and specifications applicable to the development of the Property, including, but not limited to, the General Plan, the Zoning Code, The Platinum Triangle Master Land Use Plan, Mitigation Monitoring Plan No. 106 , Mitigation Monitoring Program No. 131, and all other ordinances of the City establishing subdivision standards, park regulations, impact or development fees and building and improvement standards, but only to the extent the Zoning Ordinance and such other regulations are not inconsistent with this Development Agreement. Existing Land Use Regulations do not include non -land use regulations, which includes taxes. 1.10 Final Site Plan The "Final Site Plan" means the Project as described in this Development Agreement and conditions with respect thereto, as set forth as Exhibit `B" attached hereto and made a part hereof by this reference. 1.11 Gross Floor Area/GFA "Gross Floor Area" or "GFA" means the gross floor area of any of the Permitted Buildings. 1.12 Interim Development Fees "Interim Development Fees" are the fees imposed within The Platinum Triangle pending adoption of permanent fee programs by the City as set forth in Paragraph 12.2 of this Agreement. 1.13 Mortgage "Mortgage" means a mortgage, deed of trust or sale and leaseback arrangement or other transaction in which the Property, or a portion thereof or an interest therein, is pledged as security. 1.14 Mortgagee "Mortgagee" means the holder of the beneficial interest under a Mortgage, or the owner of the Property, or interest therein, under a Mortgage. 1.15 Owner "Owner" is Newport Federal, and any person or entity with which or into which Newport Federal may merge, and any person or entity who may acquire substantially all of the assets of Newport Federal, and any person or entity who receives any of the rights or DAG2005 00006.DOC -6- obligations of Newport Federal under this Development Agreement in accordance with the provisions of Section 28 (Assignment) of this Development Agreement. 1.16 Parking Areas The "Parking Areas" means all parking structure(s), and/or all surface parking servicing the Project. 1.17 Permitted Buildings "Permitted Buildings" include 266 for -sale condominium homes, on five stories over basement level parking, and the Parking Areas as identified in Section 6 of this Development Agreement and as further set forth in the Final Site Plan. This Development Agreement establishes maximum and minimum characteristics for each of the Permitted Buildings, as set forth in the Final Site Plan. 1.18 Platinum Triangle Area "The Platinum Triangle" means that portion of the City of Anaheim generally bounded on the east by the Santa Ana River, on the south by the Anaheim city limits, on the west by the Santa Ana Freeway, and on the north by the Southern California Edison Easement. 1.19 Procedures Resolution The "Procedures Resolution" is Resolution No. 82R -565 adopted by CITY pursuant to Section 65865 of the Development Agreement Statute. 1.20 Project The "Project' means the development project contemplated by the Development Plan with respect to the Property, including but not limited to on -site and off -site improvements, as such development project is further defined, enhanced or modified pursuant to the provisions of this Development Agreement. 1.21 Property. The "Property" means that certain real property shown and described on Exhibit "A" to this Development Agreement. 1.22 Support Commercial Uses "Support Commercial Uses" are commercial \retail uses which may include retail uses, banking or financial offices, food service, restaurants, service establishments and other similar uses in keeping with the nature of the Project and the required uses needed to support the occupants of office buildings, other office development, sports and entertainment venues and residential development in The Platinum Triangle. 1.23 Term. "Term" is defined in Section 2 of this Development Agreement. Section 2. TERM. 2.1 The term (hereinafter called "Term ") of this Development Agreement shall be that period of time during which this Development Agreement shall be in effect and bind the parties hereto. The Term shall commence on the Development Agreement Date and shall extend for a period of five (5) years thereafter, terminating at the end of the day on the fifth anniversary of the Development Agreement Date, subject to the periodic review and modification or termination provisions defined in Section 25 and Section 27, respectively, of this Development Agreement, and further subject to a reasonable extension for completion of the Project in accordance with the Timing of Development schedule set forth in Section 15 of this Development Agreement. DAG2005 00006.DOC -7- 2.2 This Development Agreement shall terminate and be of no force and effect upon the occurrence of the entry of a final judgment or issuance of a final order, after all appeals have been exhausted, directed to CITY as a result of any lawsuit filed against CITY to set aside, withdraw or abrogate the approval of the City Council of this Development Agreement or if termination occurs pursuant to the provisions of the Procedures Resolution and such termination is so intended thereby. 2.3 If not already terminated by reason of any other provision in this Development Agreement, or for any other reason, this Development Agreement shall automatically terminate and be of no further force and effect upon completion of the Project pursuant to the terms of this Development Agreement and any further amendments thereto and the issuance of all occupancy permits and acceptance by CITY of all dedications and improvements as required by the development of the Project. Section 3. BINDING COVENANTS. The provisions of this Development Agreement to the extent permitted by law shall constitute covenants which shall run with the Property for the benefit thereof, and the benefits of this Development Agreement shall bind and inure to the benefit of the parties and all successors in interest to the parties hereto. Section 4. EFFECT OF AGREEMENT. As a material part of the consideration of this Development Agreement, unless otherwise provided herein, the parties agree that the Existing Land Use Regulations shall be applicable to development of the Project. In connection with all subsequent discretionary actions by CITY required to implement the Final Site Plan and any discretionary actions which CITY takes or has the right to take under this Development Agreement relating to the Project, including any review, approval, renewal, conditional approval or denial, CITY, shall exercise its discretion or take action in a manner which complies and is consistent with the Final Site Plan, the Existing Land Use Regulations (as the same may be modified in accordance with this Development Agreement) and such other standards, terms and conditions expressly contained in this Development Agreement. CITY shall accept and timely process, in the normal manner for processing such matters as may then be applicable, all applications for further approvals with respect to the Project called for or required under this Development Agreement, including, any necessary site plan, tentative map, vesting tentative map, final map and any grading, construction or other permits filed by OWNER in accordance with the Development Approvals. Section 5. PROJECT LAND USES. The Property shall be used for such uses as may be permitted by the Development Approvals and the Existing Land Use Regulations. The duration of this Development Agreement, the density and intensity of use, developable GFA, footprint square footage, the maximum height and size of proposed buildings and structures, lot sizes, set back requirements, zoning, public improvements, and the provisions for reservation or dedication of land for public purposes shall be those set forth in the Development Approvals, the Existing Land Use DAG2005 00006.DOC _g_ Regulations and this Development Agreement pursuant to Section 65865.2 of the Development Agreement Statute. Section 6. PERMITTED BUILDINGS. 6.1 Description of Permitted Buildings The Permitted Buildings to be located on the Property shall be as set forth on the Final Site Plan. The Project shall be constructed substantially in conformance with the Final Site Plan. 6.2 Parking Areas The Parking Areas shall be constructed so that there will be sufficient parking spaces available within the Property as depicted and substantially in conformance with the Final Site Plan. Prior to commencement of construction of the first Permitted Building, OWNER shall restrict the use of the Parking Areas to, and shall record a covenant against the Property in a form approved by the City Attorney stating that the use of the Parking Areas shall be limited to tenants, visitors, patrons, invitees and other users of the Permitted Buildings. Said covenant shall also provide that the Parking Areas shall not be used to provide public parking for patrons of Angel Stadium of Anaheim, The Grove of Anaheim or the Arrowhead Pond of Anaheim without the prior written approval of the City Traffic and Transportation Manager and the Executive Director of Convention /Sports and Entertainment, which approval shall be at CITY's sole discretion. Section 7. DENSITY OF PERMITTED BUILDINGS. The Permitted Buildings shall be between the minimum and maximum sizes, and shall not exceed the maximum heights and maximum footprints set forth on the Final Site Plan. Section 8. ENFORCEMENT. Unless this Development Agreement is terminated or cancelled pursuant to the provisions of this Development Agreement, this Development Agreement or any amendment hereto, shall be enforceable by any party hereto notwithstanding any change hereafter in any applicable general plan, specific plan, zoning ordinance, subdivision ordinance or building ordinance adopted by CITY which alters or amends the rules, regulations or policies of Development of the Project as provided in this Development Agreement pursuant to Section 65865.4 of the Development Agreement Statute; provided, however, that the limitations of this Section shall not apply to changes mandated by State or Federal laws or other permissible changes or new regulations as more particularly set forth in Section 23 of this Development Agreement. Section 9. PUBLIC IMPROVEMENTS AND SERVICES. In addition to performing any other obligations heretofore imposed as conditions of approval set forth in Exhibit "C," as material consideration for the CITY's entering into this Development Agreement, OWNER shall undertake the construction and installation of the following public improvements required to support the Project and to enhance area -wide traffic circulation and emergency police and fire protection service within the time periods as set forth below and in conformance with the Existing Land Use Regulations. CITY shall cooperate with OWNER for the purpose of coordinating all public improvements constructed under the Development Approvals or this Development Agreement to existing or newly constructed public DAG2005 00006.DOC -9- improvements, whether located within or outside of the Property. OWNER shall be responsible for and use good faith efforts to acquire any right(s) -of -way necessary to construct the public facility improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement or any Development Approvals. Should it become necessary due to OWNER's failure or inability to acquire said right(s) -of -way within four months after OWNER begins its efforts to so acquire said right(s) -of -way, CITY shall negotiate the purchase of the necessary right(s) -of -way to construct the public improvements as required by, or otherwise necessary to comply with the conditions of, this Development Agreement and, if necessary in accordance with the procedures established by State law, and the limitations hereinafter set forth in this section, CITY may use its powers of eminent domain to condemn said required right(s) -of way. OWNER agrees to pay for all costs associated with said acquisition and condemnation proceedings. If the CITY cannot make the proper findings or if for some other reason under the condemnation laws CITY is prevented from acquiring the necessary right(s) -of -way to enable OWNER to construct the public improvements required by, or otherwise necessary to comply with the conditions of, this Development Agreement, then the parties agree to amend this Development Agreement to modify OWNER's obligations accordingly. Any such required modification shall involve the substitution of other considerations or obligations by OWNER (of similar value) as are negotiated in good faith between the parties hereto. Nothing contained in this Section shall be deemed to constitute a determination or resolution of necessity by CITY to initiate condemnation proceedings. 9.1 Public Park If the Property is eight (8) or more acres OWNER shall be required to dedicate, improve and maintain a minimum size of 44 square feet for each residential unit for public park purposes as set forth in the Final Site Plan. The value of the parkland dedication will be credited against overall park in lieu fees paid for the project. Consistent with existing Code requirements and policies, no credit will be given for improvements. 9.2 Utilities (Water, Electrical, Gas, Sewer, and Drainage) OWNER shall construct the public improvements necessary for the provision of requisite water, electrical, gas, sewer and drainage requirements for Project as more fully set forth in the Development Approvals. OWNER shall construct and relocate utilities as may be required to provide services to the Permitted Buildings on the Property or that are displaced by the construction of the Permitted Buildings. As OWNER submits detailed construction plans in order to obtain building permits for a Permitted Building and/or the size and nature of the Project varies, the utilities that OWNER will construct or relocate may be revised accordingly by the CITY. 9.2.1 Water Service OWNER will provide engineering studies to size the water mains for ultimate development within the Project. Said engineering studies will be conducted prior to rendering of water service or signature approval of the final water improvement plans, whichever occurs first. The studies shall be subject to the approval of the General Manager, Public Utilities Department or authorized designee. The water system may be constructed incrementally, provided that said incremental phasing is adequate to provide municipal demands and fire flow protection for the proposed development phasing. OWNER will conform with Rule 15D of the Water Utility's Rates, Rules and Regulations which provides for, in part, a fee based on GFA and the advancement of additional funds to construct the upgraded water facilities. OWNER shall be entitled to reimbursement in accordance with the DAG2005 00006.DOC -10- terms of Rule 15D for the advancement of additional funds to construct the upgraded water facilities. 9.2.2 Storm and Sewer Drains Prior to final building and zoning inspections for each Permitted Building, OWNER will construct sewers and storm drains to serve the ultimate development of the Property as provided by areawide engineering studies to be conducted prior to issuance of any building permits for the first Permitted Building and updated prior to the issuance of any building permits for each subsequent Permitted Building. All studies shall be subject to the approval of the City Engineer. OWNER will construct improvements identified in said studies. The systems may be constructed incrementally provided that said incremental phasing is adequate to provide capacity for the proposed development phasing. 9.3 Timing, Phasing and Sequence of Public Improvements and Facilities The timing, phasing and sequence of the construction of public improvements and facilities or the payment of fees therefor shall be constructed or paid in accordance with the timing, phasing and sequence set forth in this Development Agreement and the Final Site Plan 9.4 Traffic Circulation Improvements In order to assist CITY in providing for area - wide traffic circulation as required by this Project, OWNER shall cause to be made the traffic circulation improvements identified for the Project as Mitigation Monitoring Program No. 106 for the Project as shown on the Final Site Plan. Section 10. REIMBURSEMENT PROVISION. In the event OWNER is required to construct public improvements which are supplemental to the requirements of the Project for the benefit of other properties, CITY will work with OWNER to establish mechanisms for proportional reimbursement from owners of the benefited properties. Section 11. DEDICATIONS AND EXACTIONS. Prior to issuance of the first building permit for the Project, OWNER shall irrevocably offer for dedication the rights -of -way, including connector streets and Market Street, if applicable, and other areas as more fully set forth in the Final Site Plan for the uses set forth in the Final Site Plan. These dedications shall be in fee or as an easement at the discretion of CITY, and upon completion and acceptance by CITY of the associated improvements in compliance with the specifications as approved by CITY, CITY shall accept OWNER'S offer of dedication, but no later than the time the ultimate improvements to the connector street have been made and accepted by the CITY. Prior to the issuance of the first building permit for the Project, OWNER shall further deposit with the CITY the Connector Street Cost Estimate in amount set forth in Exhibit "G." Nothing contained in this Development Agreement, however, shall be deemed to preclude CITY from exercising the power of eminent domain with respect to the Property or the Project, or any part thereof. DAG2005 00006.DOC -11- Section 12. FEES_ TAXES_ AND ASSESSMENTS 12.1 Fees, Taxes and Assessments OWNER shall be responsible for the payment of fees in the amount and at the times set forth in the Existing Land Use Regulations, as said amounts and timing may be modified in accordance with this Development Agreement. 12.2 Platinum Triangle Interim Development Fees CITY anticipates that a number of fees will be adopted to pay the costs attributable to new development in The Platinum Triangle. The Interim Development Fees constitute amounts estimated by the applicable Departments to be the approximate fair share of costs attributable to the Project. If an identified fee has been adopted prior to issuance of the first building permit for the Project, the OWNER shall pay the fee. If an identified fee has not been adopted at the time of issuance of said building permit, the OWNER shall pay the applicable Platinum Triangle Interim Development Fees set forth in attached Exhibit "D." If the OWNER has paid a Platinum Triangle Interim Development Fee, and upon subsequent adoption of a corresponding fee it is determined that the OWNER has paid an amount greater than the amount payable pursuant to the adopted fee, the excess amount paid as an Interim Development Fee shall be refunded to the OWNER. CITY shall not be obligated to adopt any of the identified fees. If any such identified fee is not adopted, the parties agree that the Interim Development Fee is adequate to address the impacts of the Project. 12.2.1 Electrical Utilities Undergrounding Fee OWNER will pay an Electrical Utilities Undergrounding Fee as set forth in Exhibit "D -1." 12.2.2 Fire Facilities Fee OWNER will pay a Fire Facilities Fee as set forth in Exhibit "D -2." 12.2.3 General Plan and Environmental Processing Fee OWNER will pay a processing FEE attributable to the cost of creating and establishing the Master Land Use Plan and the PTMU Overlay Zone for The Platinum Triangle, as well as the costs of associated environmental documentation, as said additional costs are set forth in Exhibit "D -3." 12.2.4 Library Facilities Fee OWNER will pay a Library Facilities Fee as set forth in Exhibit "D -4." 12.2.5 Park Fee OWNER will pay the Park Fee as set forth on Exhibit "D -5." and, if the Property is eight or more acres in size, OWNER will dedicate, develop and maintain a minipark substantially in conformance with the Final Site Plan. 12.2.6 Police Facilities Fee OWNER will pay the Police Facilities Fee to defray the costs of capital facilities and equipment as set forth in Exhibit "D -6." 12.2.7 Public Works Supplemental Sewer, Storm Drain and Beautification Fees. OWNER will pay Public Works Fees for supplemental sewer impacts, storm drain impacts, and arterial highway beautification/aesthetics as set forth in Exhibit "D -7." 12.2.8 Traffic Impact Fee OWNER will pay the Supplemental Traffic Impact Fee for improvements required to provide acceptable traffic service levels in and through the area's Master Plan of Arterial Highways system as set forth in Exhibit "D -8." DAG2005 00006.DOC -12- 12.3 Excluded Development Fees Fees Excluded from Existing Land Use Regulations. The following fees shall not be included among the fees which would otherwise fall within the definition of Existing Land Use Regulations: 12.3.1 Water Utilities Fees OWNER will pay all applicable fees in accordance with the Water Utilities Rates, Rules and Regulations in effect at the time of application for service including Rule 15D which provides for, in part, a fee based on GFA to construct the necessary water facility improvements within The Platinum Triangle. 12.3.2 Electrical Utilities Fees OWNER will pay all fees in accordance with the Electrical Utilities Rates, Rules and Regulations in effect at the time of application for service. 12.3.3 City Processing Fees OWNER shall pay all standard City -wide processing fees for building permits, zoning review, and other similar fees associated with the Development of the Project which are in existence at the time of approval of this Development Agreement at the rate in existence at the time said fees are normally required to be paid to CITY. 12.4 Platinum Triangle Infrastructure and /or Maintenance Assessment District Prior to the date a building or grading permit is issued relating to implementation of the Final Site Plan, or within a period of ninety (90) days from the date of execution of this Development Agreement, whichever occurs first, OWNER shall execute and record an unsubordinated covenant in a form approved by the City Attorney's Office wherein OWNER agrees not to contest the formation of any assessment district(s) which may be formed to finance Platinum Triangle infrastructure and/or maintenance, which district(s) could include the Property. The covenant shall not preclude OWNER from contesting (i) the determination of benefit of such improvements to the Property, (ii) the properties included in said district or area, (iii) the manner in which said fee is determined or (iv) the manner in which said improvement costs are spread. 12.5 Accounting of Funds CITY will comply with applicable requirements of Government Code Section 65865 relating to accounting of funds. 12.6 Imposition of Increased Fees Taxes or Assessments Except as expressly set forth or reserved in this Development Agreement, CITY shall not, without the prior written consent of OWNER, impose any additional fee, tax or assessment on the Project or any portion thereof as a condition to the implementation of the Project or any portion thereof, except such fees, taxes and assessments as are described in or required by this Development Agreement, including the Existing Land Use Regulations or the Development Approvals. The rates of such fees, taxes and assessments shall be the rates in existence at the time said fees, taxes and assessments are normally required to be paid to CITY. Nothing contained herein shall be construed to prohibit CITY from imposing fees, taxes or assessments on the Property which are unrelated to the implementation of the project. Section 13. COVENANTS, CONDITIONS AND RESTRICTIONS. In consideration for CITY entering into this Development Agreement and other consideration set forth in this Agreement, OWNER agrees to record unsubordinated covenants, DAG2005 00006.DOC -13- conditions and restrictions (CC &Rs) applicable to the Property in a form and content satisfactory to the Planning Director and the City Attorney incorporating the requirements and obligations set forth in Exhibit "E" to this Agreement, entitled the "Development Requirements and Maintenance Obligations." Section 14. NEXUS/REASONABLE RELATIONSHIP CHALLENGES. OWNER consents to, and waives any right it may have now or in the future to challenge the legal validity of the conditions, requirements, policies or programs required by existing land use regulations or this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. Section 15. TIMING OF DEVELOPMENT Timing of Development shall be as set forth in the Final Site Plan. Section 16. EXISTING USES. CITY and OWNER agree that those existing legally established uses on the Property may be retained until the Project is implemented. When those existing uses are demolished, no credit for any such demolished square footage for which Interim Development Fees have not been paid will be given OWNER against Interim Development Fees due on a square footage basis as provided for in this Development Agreement. OWNER will pay the full Interim Development Fees for Permitted Buildings constructed pursuant to the Final Site Plan. Section 17. FUTURE APPROVALS. 17.1 Basis for Denying or Conditional Granting Future Approvals Before OWNER can begin grading on the Property or other development of the Property, OWNER must secure several additional permits and/or approvals from CITY. The parties agree that to the extent said Development Approvals are ministerial in nature, CITY shall not, through the enactment or enforcement of any subsequent ordinances, rules, regulations, initiatives, policies, requirements, guidelines, or other constraints, withhold such approvals as a means of blocking construction or of imposing conditions on the Project which were not imposed during an earlier approval period unless CITY has been ordered to do so by a court of competent jurisdiction. Notwithstanding the previous sentence, CITY and OWNER will use their best efforts to ensure each other that all applications for and approvals of grading permits, building permits or other developmental approvals necessary for OWNER to develop the Project in accordance with the Final Site Plan are sought and processed in a timely manner. 17.2 Standard of Review The rules, regulations and policies that apply to any additional Development Approvals which OWNER must secure prior to the Development of the Property shall be the Existing Land Use Regulations, as defined in this Development Agreement. 17.3 Future Amendments to Final Site Plan Future amendments to all or a portion of the Final Site Plan which increase the intensity or density of the Development of the Property, or change the permitted uses of the Property, and are not among those described in Section 18.4 of DAG2005 00006.DOC -14- this Development Agreement may subject the portion or portions of the Project being amended or affected by the amendment to any change in the CITY's General Plan, zoning designations and rules applicable to the Property and further environmental review and possible mitigation of adverse impacts under CEQA in effect at the time of such amendment. Any such amendment to the Final Site Plan shall be processed concurrently with the processing of an amendment to this Development Agreement. It is the desire and intent of both parties, except as set forth herein, that any such future amendment of the Final Site Plan will not alter, affect, impair or otherwise impact the rights, duties and obligations of the parties under this Development Agreement with respect to the unamended portions of the Final Site Plan. Section 18. AMENDMENT. 18.1 Initiation of Amendment Either party may propose an amendment to this Development Agreement. 18.2 Procedure Except as set forth in Section 18.4 below, the procedure for proposing and adopting an amendment to this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution. 18.3 Consent Except as provided in Section 25 of this Development Agreement, any amendment to this Development Agreement shall require the consent of both parties. No amendment of this Development Agreement or any provision hereof shall be effective unless set forth in writing and signed by duly authorized representatives of each party hereto. 18.4 Amendments Subject to the foregoing provisions of this Section, the parties acknowledge that refinements and further development of the Project may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Development Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Development of the Project and with respect to those items covered in general terms under this Development Agreement. If and when the parties find that changes or adjustments are necessary or appropriate to further the intended purposes of this Development Agreement, they may, unless otherwise required by law, effectuate such changes or adjustments as specified in the Development Approvals. 18.5 Effect of Amendment to Development Agreement The parties agree that except as expressly set forth in any such amendment, an amendment to this Development Agreement will not alter, affect, impair, modify, waive or otherwise impact any other rights, duties or obligations of either party under this Development Agreement. Section 19. RESOLUTION OF INTENT AND USES FOR THE PROPERTY. 19.1 Non - Cancellation of Rights Subject defeasance pursuant to Sections 25, 26 or 27 of this Development Agreement, the Final Site Plan and other Development Approvals as provided for in this Development Agreement shall be final and the rights once granted thereby shall be vested in the Property upon recordation of this Development Agreement. DAG2005 00006.DOC -15- Section 20. BENEFITS TO CITY. The direct and indirect benefits CITY (including, without limitation, the existing and future anticipated residents of CITY) expects to receive pursuant to this Development Agreement include, but are not limited to, the following: The participation of OWNER in the accelerated, coordinated and more economic construction, funding and dedication to the public, as provided in this Development Agreement, of certain of the vitally needed on -site and area -wide public improvements and facilities, and assurances that the entire Project will be developed as set forth in the Final Site Plan and this Development Agreement in order to encourage development of The Platinum Triangle; and The considerations set forth in Sections 9 and 10 of this Development Agreement. Section 21. BENEFITS TO OWNER OWNER has expended and will continue to expend large amounts of time and money on the planning and infrastructure construction for the Project. OWNER asserts that OWNER would not make any additional expenditures, or the advanced expenditures required by this Development Agreement, without this Development Agreement and that any additional expenditures which OWNER makes after the Development Agreement Date will be made in reliance upon this Development Agreement. Without limiting the generality of the foregoing, this Development Agreement provides for the completion of public improvements and facilities prior to the time when they would be justified economically in connection with the phasing of the Project, and of a size which would be justified only by the magnitude of the Project provided for by the Final Site Plan and this Development Agreement. The benefit to OWNER under this Development Agreement consists of the assurance that OWNER will preserve the right to develop the Property as planned and as set forth in the Final Site Plan and this Development Agreement. The parties acknowledge that the public benefits to be provided by OWNER to CITY pursuant to this Development Agreement are in consideration for and reliance upon assurances that the Property can be developed in accordance with the Final Site Plan and this Development Agreement. Section 22. UNDERTAKINGS AND ASSURANCES CONTEMPLATED AND PROMOTED BY DEVELOPMENT AGREEMENT STATUTE. The mutual undertakings and assurances described above and provided for in this Development Agreement are for the benefit of CITY and OWNER and promote the comprehensive planning, private and public cooperation and participation in the provision of public facilities, and the effective and efficient development of infrastructure and facilities supporting development which was contemplated and promoted by the Development Agreement Statute. CITY agrees that it will not take any actions which are intended to circumvent this Development Agreement; provided, however, that any action of the electorate shall not be deemed an action for purposes of this section. DAG2005 00006.DOC -16- Section 23. RESERVED AUTHORITY 23.1 State and Federal Laws and Regulations In the event that the State or Federal laws or regulations enacted after this Development Agreement has been entered into, prevent or preclude compliance with one or more provisions of the Development Agreement, such provisions of the Development Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations, provided, however, that this Development Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, CITY shall not adopt or undertake any rule, regulation or policy which is inconsistent with this Development Agreement until CITY makes a finding that such rule, regulation or policy is reasonably necessary to comply with such State and Federal laws or regulations. 23.2 Building Codes This Development Agreement shall not prevent CITY from applying new rules, regulations and policies contained in model codes, including, but not limited to, the Anaheim Building Code as adopted in Title 15, Section 15.02. 23.3 Public Health and Safety This Development Agreement shall not prevent CITY from adopting new rules, regulations and policies, including amendments or modifications to model codes described in Section 23.2 of this Development Agreement, which directly result from findings by CITY that failure to adopt such rules, regulations or policies would result in a condition injurious or detrimental to the public health and safety. Notwithstanding the foregoing, CITY shall not adopt any such rules, regulations or policies which prevent or preclude compliance with one or more provisions of this Development Agreement until CITY makes a finding that such rules, regulations or policies are reasonably necessary to correct or avoid such injurious or detrimental condition. Section 24. CANCELLATION. 24.1 Initiation of Cancellation Either party may propose cancellation of this Development Agreement. 24.2 Procedure The procedure for proposing a cancellation of and canceling this Development Agreement shall be the same as the procedure required for entering into this Development Agreement in the first instance. Such procedures are set forth in Sections 2, 3 and 5 of the Procedures Resolution and Section 65868 of the Government Code. 24.3 Consent of Both Parties Any cancellation of this Development Agreement shall require the mutual consent of both parties. Section 25. PERIODIC REVIEW. 25.1 Time for Review CITY shall, at least every twelve (12) months after the Development Agreement Date, review the extent of good faith compliance by OWNER with the terms of this Development Agreement. OWNER'S failure to comply with the timing schedules set forth in the Final Site Plan shall constitute rebuttable evidence of OWNER's lack of good faith compliance with this Development Agreement. Such periodic review shall determine DAG2005 00006.DOC -17- compliance with the terms of this Development Agreement pursuant to California Government Code Section 65865.1 and other successor laws and regulations. 25.2 OWNER's Submission Each year, not less than forty-five (45) days nor more than sixty (60) days prior to the anniversary of the Development Agreement Date, OWNER shall submit evidence to the City Council of its good faith compliance with the terms and conditions of this Development Agreement. OWNER shall notify the City Council in writing that such evidence is being submitted to CITY pursuant to the requirements of Section 6.2 of the Procedures Resolution. OWNER shall pay to CITY a reasonable processing fee in an amount as CITY may reasonably establish from time to time on each occasion that OWNER submits its evidence for a periodic review. 25.3 Findings Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine, on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non - compliance and if the actions required to cure such non- compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such end. If during the cure period, OWNER fails to cure such noncompliance or is not making reasonable good faith progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 25.4 Initiation of Review by City Council In addition to the periodic review set forth in this Development Agreement, the City Council may at any time initiate a review of this Development Agreement upon the giving of written notice thereof to OWNER. Within thirty (30) days following receipt of such notice, OWNER shall submit evidence to the City Council of OWNER's good faith compliance with this Development Agreement and such review and determination shall proceed in the manner as otherwise provided in this Development Agreement. Section 26. EVENTS OF DEFAULT. 26.1 Defaults by OWNER Within forty-five (45) days after the submission of OWNER's evidence, the City Council shall determine on the basis of substantial evidence, whether or not OWNER has, for the period under review, complied in good faith with the terms and conditions of this Development Agreement. If the City Council finds that OWNER has so complied, the review for that period shall be deemed concluded. If the City Council finds and determines, on the basis of substantial evidence, that OWNER has not complied in good faith with the terms and conditions of this Development Agreement for the period under review, OWNER shall be given at least sixty (60) days to cure such non - compliance and if the actions required to cure such non - compliance take more than sixty (60) days, then CITY shall give OWNER additional time provided that OWNER is making reasonable progress towards such DAG2005 00006.DOC -18- end. If during the cure period OWNER fails to cure such non - compliance or is not making reasonable progress towards such end, then the City Council may, at its discretion, proceed to modify or terminate this Development Agreement or establish a time schedule for compliance in accordance with the procedures set forth in Section 27 of this Development Agreement. 26.2 Specific Performance Remedy Due to the size, nature and scope of the Project, it will not be practical or possible to restore the Property to its pre - existing condition once implementation of this Development Agreement has begun. After such implementation, OWNER may be foreclosed from other choices it may have had to utilize the Property and provide for other benefits. OWNER has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Development Agreement and will be investing even more significant time in implementing the Project in reliance upon the terms of this Development Agreement, and it is not possible to determine sum of the money which would adequately compensate OWNER for such efforts. For the above reasons, CITY and OWNER agree that damages would not be an adequate remedy if CITY fails to carry out its obligations under this Development Agreement. Therefore, specific performance of this Development Agreement is the only remedy which would compensate OWNER if CITY fails to carry out its obligations under this Development Agreement, and CITY hereby agrees that OWNER shall be entitled to specific performance in the event of a default by CITY hereunder. CITY and OWNER acknowledge that, if OWNER fails to carry out its obligations under this Development Agreement, CITY shall have the right to refuse to issue any permits or other approvals which OWNER would otherwise have been entitled to pursuant to this Development Agreement. If CITY issues a permit or other approval pursuant to this Development Agreement in reliance upon a specified condition being satisfied by OWNER in the future, and if OWNER then fails to satisfy such condition, CITY shall be entitled to specific performance for the sole purpose of causing OWNER to satisfy such condition. The CITY's right to specific performance shall be limited to those circumstances set forth above, and CITY shall have no right to seek specific performance to cause OWNER to otherwise proceed with the Development of the Project in any manner. 26.3 Liquidated Damages Remedy The parties hereto agree that this Development Agreement creates an obligation and duty upon OWNER to undertake and complete development of the Project within the time and manner specified herein. In the event OWNER breaches this Development Agreement by failing to undertake and complete development of the Project within the time and manner specified herein, the parties further agree that CITY will suffer actual damages as a result thereof, the amount of which is uncertain and would be impractical or extremely difficult to fix; therefore, OWNER agrees to pay CITY, in the event of any such breach by OWNER, the sum of One Hundred Thousand Dollars ($100,000) as liquidated and actual damages which sum shall be in addition to any other remedies available to CITY as a result of such breach pursuant to this Section 26. Section 27. MODIFICATION OR TERMINATION. If pursuant to Section 26.1 of this Development Agreement, CITY elects to modify or terminate this Development Agreement or establish a revised time schedule for compliance as herein provided, then CITY shall proceed as set forth in this Section. DAG2005 00006.DOC -19- 27.1 Notice to OWNER CITY shall give notice to OWNER of City Council's intention to proceed to modify or terminate this Development Agreement or establish a time schedule for compliance within ten (10) days of making the CITY's findings. 27.2 Public Hearing. The City Council shall set and give notice of a public hearing on modification, termination or a time schedule for compliance to be held within forty-days after the City Council gives notice to OWNER. 27.3 Decision The City Council shall announce its findings and decisions on whether this Development Agreement is to be terminated, how this Development Agreement is to be modified or the provisions of the Development Agreement with which OWNER must comply and a time schedule therefore not than ten (10) days following completion of the public hearing. 27.4 Implementation Modifying or terminating this Development Agreement shall be accomplished by CITY enacting an ordinance. The ordinance shall recite the reasons which, in the opinion of the CITY, make the modification or termination of this Development Agreement necessary. Not later then ten (10) days following the adoption of the ordinance, one copy thereof shall be forwarded to OWNER. This Development Agreement shall be terminated or this Development Agreement as modified shall become effective on the effective date of the ordinance terminating or modifying this Development Agreement. 27.5 Schedule for Compliance Setting a reasonable time schedule for compliance with this Development Agreement may be accomplished by CITY enacting a resolution. The resolution shall recite the reasons which, in the opinion of CITY, make it advisable to set a schedule for compliance and why the time schedule is reasonable. Not later than ten (10) days following adoption of the resolution, one copy thereof shall be forwarded to OWNER. Compliance with any time schedule so established as an alternative to modification or termination shall be subject to periodic review as provided in this Development Agreement and lack of good faith compliance by OWNER with the time schedule shall be basis for termination or modification of this Development Agreement. Section 28. ASSIGNMENT. 28.1 Right to Assign OWNER shall have the right to sell, mortgage, hypothecate, assign or transfer this Development Agreement, and any and all of its rights, duties and obligations hereunder, to any person, partnership, joint venture, firm or corporation at any time during the term of this Development Agreement, provided that any such sale, mortgage, hypothecation, assignment or transfer must be pursuant to a sale, assignment or other transfer of the interest of OWNER in the Property, or a portion thereof. In the event of any such sale, mortgage, hypothecation, assignment or transfer, (a) OWNER shall notify CITY of such event and the name of the transferee, together with the corresponding entitlements being transferred to such transferee and (b) the agreement between OWNER and such transferee shall provide that either OWNER or the transferee or both shall be liable for the performance of all obligations of OWNER pursuant to this Development Agreement and the Development Approvals. Such transferee and /or OWNER shall notify CITY in writing which entity shall be liable for the performance of such obligations, and upon the express written assumption of any or all of the obligations of OWNER under this Development Agreement by such assignee, transferee or DAG2005 00006.DOC -20- purchaser shall, without any act of or concurrence by CITY, relieve OWNER of its legal duty to perform said obligations under this Development Agreement with respect to the Property or portion thereof, so transferred, except to the extent OWNER is not in default under the terms of this Development Agreement. 28.2 Release Upon Transfer It is understood and agreed by the parties that the Property may be subdivided following the Development Agreement Date. One or more of such subdivided parcels may be sold, mortgaged, hypothecated, assigned or transferred to persons for development by them in accordance with the provisions of this Development Agreement. Effective upon such sale, mortgage, hypothecation, assignment or transfer, the obligations of OWNER shall become several and not joint, except as to OWNER's obligations set forth in Section 10 of this Development Agreement. Upon the sale, transfer, or assignment of OWNER's rights and interests under this Development Agreement as permitted pursuant to the Section 28.1 above, OWNER shall be released from its obligations under this Development Agreement with respect to the Property, or portion thereof so transferred, provided that (a) OWNER is not then in default under this Development Agreement, (b) OWNER has provided to CITY the notice of such transfer specified in Section 28.1 above, (c) the transferee executes and delivers to CITY a written agreement in which (i) the name and address of the transferee is set forth and (ii) the transferee expressly and unconditionally assumes all the obligations of OWNER under this Development Agreement and the Development Approvals with respect to the property, or portion thereof, so transferred and (d) the transferee provides CITY with security equivalent to any security provided by OWNER to secure performance of its obligations under this Development Agreement or the Development Approvals. Non - compliance by any such transferee with the terms and conditions of this Development Agreement shall not be deemed a default hereunder or grounds for termination hereof or constitute cause for CITY to initiate enforcement action against other persons then owning or holding interest in the Property or any portion thereof and not themselves in default hereunder. Upon completion of any phase of development of the Project as determined by CITY, CITY may release that completed phase from any further obligations under this Development Agreement. The provisions of this Section shall be self - executing and shall not require the execution or recordation of any further document or instrument. Any and all successors, assigns and transferees of OWNER shall have all of the same rights, benefits and obligations of OWNER as used in this Development Agreement and the term "OWNER" as used in this Development Agreement shall refer to any such successors, assigns and transferees unless expressly provided herein to the contrary. Section 29. NO CONFLICTING ENACTMENTS. By entering into this Development Agreement and relying thereupon, OWNER is obtaining vested rights to proceed with the Project in accordance with the terms and conditions of this Development Agreement, and in accordance with, and to the extent of, the Development Approvals. By entering into this Development Agreement and relying thereupon, CITY is securing certain public benefits which enhance the public health, safety and general welfare. CITY therefore agrees that except as provided in Section 23 of this Development Agreement, neither the City Council nor any other agency of CITY shall enact a rule, regulation, ordinance or other measure which relates to the rate, timing or sequencing of the Development or construction of all or any part of the Project and which is inconsistent or in conflict with this Development Agreement. DAG2005 00006.DOC -21- Section 30. GENERAL 30.1 Force Maieure The Tenn of this Development Agreement and the time within which OWNER shall be required to perform any act under this Development Agreement shall be extended by a period of time equal to the number of days during which performance of such act is delayed unavoidably by strikes, lock -outs, Acts of God, failure or inability to secure materials or labor by reason of priority or similar regulations or order of any governmental or regulatory body, initiative or referenda, moratoria, enemy action, civil disturbances, fire, unavoidable casualties, or any other cause beyond the reasonable control of OWNER. 30.2 Construction of Development Agreement The language in all parts of this Development Agreement shall in all cases, be construed as a whole and in accordance with its fair meaning. The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience only and shall not be considered or referred to in resolving questions of constructions. This Development Agreement shall be governed by the laws of the State of California. The parties understand and agree that this Development Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of CITY, and in particular, the CITY's police powers. In this regard, the parties understand and agree that this Development Agreement shall not be deemed to constitute the surrender or abnegation of the CITY's governmental powers over the Property. 30.3 Severability If any provision of this Development Agreement shall be adjudged to be invalid, void or unenforceable, such provision shall in no way affect, impair or invalidate any other provision hereof, unless such judgment affects a material part of this Development Agreement, the parties hereby agree that they would have entered into the remaining portions of this Development Agreement not adjudged to be invalid, void or illegal. In the event that all or any portion of this Development Agreement is found to be unenforceable, this Development Agreement or that portion which is found to be unenforceable shall be deemed to be a statement of intention by the parties; and the parties further agree that in such event they shall take all steps necessary to comply with such public hearings and /or notice requirements as may be necessary in order to make valid this Development Agreement or that portion which is found to be unenforceable. Notwithstanding any other provisions of this Development Agreement, in the event that any material provision of this Development Agreement is found to be unenforceable, void or voidable, OWNER or CITY may terminate this Development Agreement in accordance with the provisions of the Development Agreement Statute and the Procedures Resolution. 30.4 Cumulative Remedies In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation, including suits for declaratory relief, specific performance, relief in the nature of mandamus and actions for damages. All of the remedies described above shall be cumulative and not exclusive of one another, and the exercise of any one or more of the remedies shall not constitute a waiver or election with respect to any other available remedy. 30.5 Hold Harmless Agreement OWNER and CITY hereby mutually agree to, and shall hold each other, each other's elective and appointive councils, boards, commissions, DAG2005 00006.DOC _22_ officers, partners, agents, representatives and employees harmless from any liability for damage or claims for damage for personal injury, including death, and from claims for property damage which may arise from the activities of the other's or the other's contractors', subcontractors', agents', or employees' which relate to the Project whether such activities be by OWNER or CITY, or by any of the OWNER's or the CITY's contractors, subcontractors, or by any one or more persons indirectly employed by, or acting as agent for OWNER any of the OWNER's or the CITY's contractors or subcontractors. OWNER and CITY agree to and shall defend the other and the other's elective and appointive councils, boards, commissioners, officers, partners, agents, representatives and employees from any suits or actions at law or in equity for damage caused or alleged to have been caused by reason of the aforementioned activities which relate to the Project. 30.6 Cooperation in the Event of Legal Challenge In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Development Agreement and/or the Development Approvals, the parties hereby agree to cooperate fully with each other in defending said action and the validity of each provision of this Development Agreement, however, OWNER shall be liable for all legal expenses and costs incurred in defending any such action. OWNER shall be entitled to choose legal counsel to defend against any such legal action and shall pay any attorneys' fees awarded against CITY or OWNER, or both, resulting from any such legal action. OWNER shall be entitled to any award of attorneys' fees arising out of any such legal action. 30.7 Public Agency Coordination CITY and OWNER shall cooperate and use their respective best efforts in coordinating the implementation of the Development Approvals with other public agencies, if any, having jurisdiction over the Property or the Project. 30.8 Initiative Measures Both CITY and OWNER intend that this Development Agreement is a legally binding contract which will supersede any initiative, measure, moratorium, referendum, statute, ordinance or other limitation (whether relating to the rate, timing or sequencing of the Development or construction of all or any part of the Project and whether enacted by initiative or otherwise) affecting parcel or subdivision maps (whether tentative, vesting tentative or final), building permits, occupancy certificates or other entitlements to use approved, issued or granted within the CITY, or portions of the CITY, shall apply to the Project to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation is inconsistent or in conflict with this Development Agreement. Should an initiative, measure, moratorium, referendum, statute, ordinance, or other limitation be enacted by the citizens of CITY which would preclude construction of all or any part of the Project, and to the extent such initiative, measure, moratorium, referendum, statute, ordinance or other limitation be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Development Agreement, OWNER shall have no recourse against CITY pursuant to the Development Agreement, but shall retain all other rights, claims and causes of action under this Development Agreement not so invalidated and any and all other rights, claims and causes of action as law or in equity which OWNER may have independent of this Development Agreement with respect to the project. The foregoing shall not be deemed to limit OWNER's right to appeal any such determination that such initiative, measure, referendum, statute, ordinance or other limitation invalidates or prevails over all or any part of this Development Agreement. CITY agrees to cooperate with OWNER in all reasonable manners in DAG2005 00006.DOC -23- order to keep this Development Agreement in full force and effect, provided OWNER shall reimburse CITY for its out -of- pocket expenses incurred directly in connection with such cooperation and CITY shall not be obligated to institute a lawsuit or other court proceedings in this connection. 30.9 Attorneys' Fees In the event of any dispute between the parties involving the covenants or conditions contained in this Development Agreement, the prevailing party shall be entitled to recover reasonable expenses, attorneys fees and costs. 30.10 No Waiver No delay or omission by either party in exercising any right or power accruing upon non - compliance or failure to perform by the other party under any of the provisions of this Development Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either party of any of the covenants or conditions to be performed by the other party shall not be construed as a waiver of any succeeding breach of non- performance of the same or other covenants and conditions hereof. 30.11 Authority to Execute The person executing this Development Agreement on behalf of OWNER warrants and represents that he /she has the authority to execute this Development Agreement on behalf of his/her partnership and represents that he /she has the authority to bind OWNER to the performance of OWNER's obligations hereunder. 30.12 Notice. 30.12.1 To OWNER Any notice required or permitted to be given by CITY to OWNER under or pursuant to this Development Agreement shall be deemed sufficiently given if in writing and delivered personally to an officer of OWNER or mailed with postage thereon fully prepaid, registered or certified mail, return receipt requested, addressed to OWNER as follows: Newport Federal 4425 Jamboree #250 Newport Beach, California 92660 or such changed address as OWNER shall designate in writing to CITY. With copies to: Integral Partners, LLC 160 Newport Center Drive, Suite 240 Newport Beach, CA 92660 Attention: John Stanek or such changed address as OWNER shall designate in writing to CITY. 30.12.2 To CITY Any notice required or permitted to be given to CITY under or pursuant to this Development Agreement shall be made and given in writing, if by mail addressed to: DAG2005 00006.DOC -24- City Council City of Anaheim c/o City Clerk P.O. Box 3222 Anaheim, California 92803 or such changed address as CITY shall designate in writing to OWNER: With copies to: City Manager City of Anaheim P.O. Box 3222 Anaheim, California 92803 City Attorney City of Anaheim P.O. Box 3222 Anaheim, California 92803 and if personally delivered to the City Clerk, at the Anaheim Civic Center, 200 S. Anaheim. Blvd., Anaheim, California, together with copies marked for the City Manager and the City Attorney or, if so addressed and mailed, with postage thereon fully prepaid, registered or certified mail, return receipt requested, to the City Council in care of the City Clerk at the above address with copies likewise so mailed to the City Manager and the City Attorney, respectively and also in care of the City Clerk at the same address. The provisions of this Section shall be deemed permissive only and shall not detract from the validity of any notice given in a manner which would be legally effective in the absence of this Section. 30.13 Captions The captions of the paragraphs and subparagraphs of this Development Agreement are for convenience and reference only and shall in no way define, explain, modify, construe, limit, amplify or aid in the interpretation, construction or meaning of any of the provisions of this Development Agreement. 30.14 Consent Any consent required by the parries in carrying out the terns of this Development agreement shall not unreasonably be withheld. 30.15 Further Actions and Instruments Each of the parties shall cooperate with and provide reasonable to the other to the extent contemplated hereunder in the performance of all obligations under this Development Agreement and the satisfaction of the conditions of this Development Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Development Agreement to carry out the intent and to fulfill the provisions of this Development Agreement or to evidence or consummate the transactions contemplated by this Development Agreement. DAG2005 00006.DOC -25- 30.16 Subsequent Amendment to Authorizing Statute This Development Agreement has been entered into in reliance upon the provisions of the Development Agreement Statute in effect as of the Development Agreement Date. Accordingly, subject to Section 23.1 above, to the extent that subsequent amendments to the Government Code would affect the provisions of this Development Agreement, such amendments shall not be applicable to this Development Agreement unless necessary for this Development Agreement to be enforceable or unless this Development Agreement is modified pursuant to the provisions set forth in this Development Agreement and Government Code Section 65868 as in effect on the Development Agreement Date. 30.17 Governing Law This Development Agreement, including, without limitation, its existence, validity, construction and operation, and the rights of each of the parties shall be determined in accordance with the laws of the State of California. 30.18 Effect on Title OWNER and CITY agree that this Development Agreement shall not continue as an encumbrance against any portion of the Property as to which this Development Agreement has terminated. 30.19 Mortgagee Protection Entering into or a breach of this Development Agreement shall not defeat, render invalid, diminish, or impair the lien of Mortgagees having a mortgage on any portion of the Property made in good faith and for value, unless otherwise required by law. No Mortgagee shall have an obligation or duty under this Development Agreement to perform OWNER's obligations, or to guarantee such performance prior to any foreclosure or deed in lieu thereof. 30.20 Notice of Default to Mortgagee, Right of Mortgagee to Cure If the City Clerk timely receives notice from a Mortgagee requesting a copy of any notice of default given to OWNER under the terms of this Development Agreement, CITY shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to OWNER. The Mortgagee shall have the right, but not the obligation, for a period up to ninety (90) days after the receipt of such notice from CITY to cure or remedy, or to commence to cure or remedy the default unless a further extension of time to cure is granted in writing by CITY. If the default is of a nature which can only be remedied or cured by such Mortgagee upon obtaining possession, such Mortgagee shall seek to obtain possession with diligence and continually through foreclosure, a receiver or otherwise, and shall thereafter remedy or cure the default or non- compliance within thirty (30) days after obtaining possession. If any such default or non- compliance cannot, with diligence, be remedied or cured within such thirty (30) day period, then such Mortgagee shall have such additional time as may be reasonably necessary to remedy or cure such default or non - compliance if such Mortgagee commences cure during such thirty (30) day period, and thereafter diligently pursues and completes such cure. 30.21 Bankruptcy Notwithstanding the foregoing provisions of Section 30.20 of this Development Agreement, if any Mortgagee is prohibited from commencing or pursues and prosecuting foreclosure or other appropriate proceedings in the nature thereof by any process or injunction issued by any court or by reason of any action by any court having jurisdiction of any bankruptcy or insolvency proceeding involving CITY, the times specified in this Section for DAG2005 00006.DOC -26- commencing or prosecuting foreclosure or other proceedings shall be extended for the period of the prohibition. 30.22 Disaffirmance 30.22.1 CITY agrees that in the event of termination of this Agreement by reason of any default by CITY, or by reason of the disaffirmance hereof by a receiver, liquidator or trustee for OWNER or its property, CITY, if requested by any Mortgagee, shall enter into a new Development Agreement for the Project with the most senior Mortgagee requesting such new agreement, for the remainder of the Term, effective as of the date of such termination, upon the terms, provisions, covenants and agreements as herein contained to the extent and subject to the law then in effect, and subject to the rights, if any, of any parties then in possession of any part of the Property, provided: 30.22.2 The Mortgagee shall make written request upon CITY for the new Development Agreement for the Project within thirty (30) days after the date of termination; 30.22.3 The Mortgagee shall pay to CITY at the time of the execution and delivery of the new Development Agreement for the Project expenses, including reasonable attorneys' fees, to which CITY shall have been subjected by reason of OWNER's default; and 30.22.4 The Mortgagee shall perform and observe all covenants herein contained on OWNER's part to be performed, and shall further remedy any other conditions which OWNER under the terminated agreement was obligated to perform under its terms, to the extent the same are curable or may be performed by the Mortgagee. 30.22.5 Nothing herein contained shall require any Mortgagee to enter into a new agreement pursuant to Section 30.22.1 above, nor to cure any default of OWNER referred to above. 30.23 No Third Party Beneficiaries This Development Agreement and all provisions hereof is made and entered into for the sole protection and benefit of CITY, OWNER and their successors and assigns. No other person shall have right of action based upon any provision in this Development Agreement. 30.24 Proiect as a Private Undertaking It is specifically understood and agreed by and between the parties hereto that the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Development Agreement. No partnership, join venture or other association of any kind is formed by this Development Agreement. The only relationship between CITY and OWNER is that of a government entity regulating the development of private property and the owner of such private property. 30.25 Restrictions Property OWNER shall place in any agreements to sell or convey any interest in the Property or any portion thereof, provisions making the terms of this Development Agreement binding on any successors in interest of OWNER and express provision DAG2005 00006.DOC -27- for OWNER or CITY, acting separately or jointly, to enforce the provisions of this Development Agreement and to recover attorneys' fees and costs for such enforcement. 30.26 Recitals The recitals in this Development Agreement constitute part of this Development Agreement and each party shall be entitled to rely on the truth and accuracy of each recital as an inducement to enter into this Development Agreement. 30.27 Recording The City Clerk shall cause a copy of this Development Agreement to be executed by CITY and recorded in the Official Records of Orange County no later than ten (10) days after CITY approves this Development Agreement. 30.28 Title Report CITY is required to sign this Development Agreement only after OWNER has provided CITY with a satisfactory preliminary title report evidencing and showing OWNER's legal and equitable ownership interest in the Property, current within six (6) months, unencumbered except for the exceptions (hereinafter the "Permitted Exceptions ") set in the preliminary title report for the Property dated November 5, 2003, attached hereto as Exhibit "F" (the "Preliminary Title Report"). Any instrument of monetary encumbrance such as a deed of trust or a mortgage entered into subsequent to the date of the Preliminary Title Report and prior to the Development Agreement Date, shall contain language expressly subordinating such instruments of monetary encumbrance to the provisions of this Development Agreement. OWNER shall present evidence, satisfactory to CITY, of OWNER'S legal title to Property, subject only to the Permitted Exceptions and any such subordinated instruments of monetary encumbrance, at the time of recordation of this Agreement, or a memorandum thereof. 30.29 Entire Agreement This Development Agreement, constitutes the entire agreement between the parties with respect to the subject matter of this Development Agreement, and this Development Agreement supersedes all previous negotiations, discussions and agreements between the parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 30.30 Successors and Assigns The burdens of the Development Agreement shall be binding upon, and the benefits of the Development Agreement inure to all successors in interest and assigns of the parties to the Development Agreement. 30.31 OWNER'S Title of Property Neither party hereto shall be bound by any provision of this Agreement unless and until OWNER shall record this Development Agreement or a memorandum thereof, in the office of the County Recorder of the County sufficient to cause this Agreement and the obligations contained herein to attach to and encumber OWNER'S fee title to Property. 30.32 Exhibits All exhibits, including attachments thereto, are incorporated in this Development Agreement in their entirety by this reference. IN WITNESS WHEREOF, CITY and OWNER have executed this Development Agreement as of the date and year first above written. DAG2005 00006.DOC -28- "CITY" • ./U CITY OF ANAHEIM, a By: _ municipal corporation Title: IC Mayor ATTEST: SHERYLLSCHROEDER City Clerk JACK L. WHITE, City Attorney DAG2005 00006.DOC -29- STATE OF CALIFORNIA ) ss COUNTY OF ) On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] STATE OF CALIFORNIA ) ss COUNTY OF ) On before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] DAG2005 00006.DOC -30- STATE OF CALIFORNIA ) ss COUNTY OF ) On personally appeared before me, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. Notary Public [SEAL] DAG2005 00006.DOC -31- EXIHBIT "A" LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1: PARCEL 3 OF PARCEL MAP NO. 81 -265, AS SHOWN ON A MAP FILED IN BOOK 177, PAGES 30 AND 31 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL 2: PARCEL A OF THAT CERTAIN LOT LINE ADJUSTMENT PLAT NO. 123, AS DESCRIBED IN PARCEL 1 AND 2 OF SAID LOT LINE ADJUSTMENT, RECORDED JANUARY 7, 1985 AS INSTRUMENT NO. 85- 004456, OFFICIAL RECORDS, ORANGE COUNTY, CALIFORNIA. APN: 232 - 081 -16 AND 232 - 081 -21. 539/016909 -0015 58569202 a0623/05 —32— EXHIBIT `B" FINAL SITE PLAN Development Agreement No. 2005 -00006 Gateway Centre — Anaheim ESP 2005- 00003— List of Exhibits June 13, 2005 FII ARCHITECTS PLANS — KTGY Exhibit No. 1 Sheet A -0 Color Renderin Exhibit No. 2 Sheet A -1 Conceptual Site Plan Exhibit No. 3 Sheet A -2 Ground Floor Plan Exhibit No. 4 Sheet A -3 Podium Floor Plan Exhibit No. 5 Sheet A -4 Third Level Floor Plan Exhibit No. 6 Sheet A -5 Fourth Level Floor Plan Exhibit No. 7 Sheet A -6 Fifth Level Floor Plan Exhibit No. 8 Sheet A -7 Roof Plan Exhibit No. 9 Sheet A -9 Building Elevations State College Blvd. Street A Elevation Partial COLOR Exhibit No. 10 Sheet A -10 Building Elevations West Elevation & South Elevation Partial (COLOR) Exhibit No. 11 Sheet A -11 Unit Plans 1& 2 Exhibit No. 12 Sheet A -12 Unit Plans 3 & 4 Exhibit No. 13 Sheet A -15 Detailed Lobby Plan/Elevation PARKING STRUCTURE PLANS — PARKITECTS Exhibit No. 14 Sheet A13 Total Ground Level Parking Plan Exhibit No. 15 Sheet A14 Conceptual Basement Level Parkin Plan .E DEPARTMENT ACCESS PLAN —Schirmer Engineering Corp. Sheet F 1 Fire Department Access Exhibit No. 16 Plan LANDSCAPE PLANS —MJS Design Group Exhibit No. 17 Sheet L -1.0 Landscape Concept Plan COLOR Exhibit No. 18 Sheet L -1.1 Recreation Enlargement Plan COLOR 539/016909 -0015 58569202 a0623/05 -33- Exhibit No. 19 Sheet L -1.2 Courtyard Exhibit (COLOR) Exhibit No. 20 Sheet L -1.3 Landscape Sections Exhibit (COLOR) Exhibit No. 21 Sheet L -2.0 Landscape Lighting Plan Exhibit No. 22 Sheet L -2.1 Lighting Fixture Plan Exhibit No. 23 Sheet L -3.0 Exterior Sign Plan SET OF PHOTOGRAPHS Exhibit No. 24 Sheet 1 Set of Photographs of Exhibit No. 27 Sheet 1 Current Site Exhibit No. 25 Set of Photographs of Exhibit No. 29 Plant Palette GRADING PLANS — PENCO ENGINEERING Exhibit No. 26 Sheet 1 TTM 16826 Exhibit No. 27 Sheet 1 TTM 16826 Conceptual Grading Plans *All exhibits in this table are incorporated into Development Agreement No. 2005- 00006; however, the noted exhibits (reduced in size) are attached for ease of reference. Full size sheets of all exhibits are provided in the Final Site Plan No. 2005 -00003 on file in the Planning Department. 539/016909 -0015 58569202 a0623/05 Colors and materials Exhibit No. 28 board Project Description Exhibit No. 29 *All exhibits in this table are incorporated into Development Agreement No. 2005- 00006; however, the noted exhibits (reduced in size) are attached for ease of reference. Full size sheets of all exhibits are provided in the Final Site Plan No. 2005 -00003 on file in the Planning Department. 539/016909 -0015 58569202 a0623/05 EXHIBIT "C" Development Agreement Nos. DAG 2005 -00006 Conditions of Approval — Tentative Tract Map 16826 1. That prior to final map approval, the City Engineer and City Attorney shall approve and OWNER shall record a maintenance covenant providing for the continued operation and maintenance of the new internal Connector Street as a private street until such time as the City accepts the offer of dedication. 2. That prior to final map approval, storm drain improvement plans for State College Boulevard and Orangewood Avenue shall be submitted to the Subdivision Section and bonds shall be posted in an amount approved by the City Engineer and in a form approved by the City Attorney's Office prior to issuance of a building permit. The improvements shall be constructed prior to final building and zoning inspections. 3. That prior to final map approval, OWNER shall irrevocably offer to dedicate an easement to the City of Anaheim for road, public utilities and other public purposes 72 -feet from the centerline of State College Boulevard and the internal Connector Street, as shown on exhibits approved in conjunction with this Development Agreement, on file in the Planning Department. 4. That prior to final map approval, OWNER shall acquire necessary dedications from Southern California Edison or the adjacent property owner for the other part of the Connector Street outside the tract boundary to be irrevocably offered for dedication to the City of Anaheim for an easement for road, public utilities and other public purposes. 5. That prior to final map approval, 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, including compliance with an approved Water Quality Management Plan, and a maintenance exhibit. The covenant shall be recorded concurrently with the final map, including regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 6. That prior to issuance of the first building permit, the final map shall be submitted to and approved by the City of Anaheim and the Orange County Surveyor and then shall be recorded in the Office of the Orange County Recorder (Subdivision Map Act, Section 66499.40). 7. That prior to final map approval, vehicular access rights to State College Boulevard except at street intersections shall be released and relinquished to the CITY. 539/016909 -0015 58569202 a0623/05 —35— 8. That prior to final map approval, OWNER shall furnish a Subdivision Agreement to the CITY, in a form to be approved by the City Attorney's Office, agreeing to complete the public improvements required as conditions of the map at the legal property owner's expense. Said agreement shall be submitted to and approved by the City of Anaheim and shall than be recorded concurrently with the final map. All public improvements shall be constructed within one year of recordation of the final map. 9. That prior to issuance of a grading permit, OWNER 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 (BMP's) 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 BMP's as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMP's as defined in the DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMP's. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMP's, and describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMP's. 10. That prior to issuance of certificate of occupancy, OWNER: • Demonstrate that all structural BMP's 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 BMP's described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. o Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMP's. 11. Prior to grading plan approval, OWNER shall demonstrate that coverage has been obtained under California's General Permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. The applicant shall prepare and implement a Stormwater Pollution Prevention Plan ( S)APPP). A copy of the current SWPPP shall be kept at the project site and be available for City review on request. 12. That prior to final map approval, all units shall be assigned street addresses by the Building Division. Street names for any new public or private street shall be reviewed and approved by the Building Division. 539/016909 -0015 58569202 a0623/05 13. That prior to final map approval, OWNER shall provide CITY with proof of abandonment (quitclaim deed or resolution) of the existing Southern California Edison easement that runs along the northern boundary of the project in the location of the proposed connector street. Conditions of Approval — Development Agreement No. DAG 2005 -00006 14. That prior to issuance of the grading permits associated with the project, OWNER shall submit street improvement plans for State College Boulevard and the proposed Connector Streets to the Development Services Division of the Public Works Department and post a bond prior to issuance of a building permit to the City for the installation and improvements of all dedicated connector streets, State College Boulevard street widening, private streets, sidewalks, lighting and landscaping as required by FSP2005- 00003, TTM 16826, and MMP 131 referenced herein. All improvements shall be completed prior to final building and zoning inspections. 15. That prior to issuance of the grading permits associated with the project, OWNER shall submit storm drain improvement plans for State College Boulevard and Orangewood Avenue to the Development Services Division of the Public Works Department and post a bond to the City for the installation of improvements prior to issuance a building permit as required by FSP2005- 00003, TIM 16826, and MMP 131 referenced herein. All improvements shall be completed prior to final building and zoning inspections. 16. That prior to final building and zoning inspections, OWNER shall construct a storm drain line in State College Boulevard and Orangewood Avenue to the upstream end of the existing 51" storm drain. Prior to issuance of building permits, OWNER shall prepare a detailed Hydrology Study and Hydraulic calculations and construction drawings for the complete storm drain. Costs associated with the design and construction of the storm drain line may be used to offset the storm drain impact fees. If the developer's costs exceed the required storm drain impact fees, the developer may request creation of a reimbursement agreement to provide for the reimbursement of the constructed storm drain line at such time as the adjacent properties develop and connect to the storm drain line. 17. That OWNER shall construct within his property said connector street to 26 feet (curb to curb), 5 foot sidewalk and 5 foot landscape parkway prior to first occupancy associated with the project to allow for two -way traffic (13 -foot wide) lanes. The northern boundary of said connector street shall be an asphalt berm until such time as the property to the north is developed and full improvements are made. 18. That at such time as said connector street is extended through to Gene Autry Way, or upon development of the property immediately north and adjacent to the subject property, OWNER shall cause said connector to be restriped to provide a free left -tum lane into the project as required by the City Engineer. 19. That prior to issuance of building permits, OWNER shall remove the existing utility towers and lines, and any other associated equipment with the existing Southern 539/016909 -0015 58569202 a0623/05 California Edison easement that runs along the northern boundary of the property in the location of the proposed connector street. 20. That OWNER shall provide two loading spaces to serve the property. One loading space shall be provided on the proposed connector street along the northern boundary of the site, and the other loading space shall be provided within the parking area adjacent to the fire lane easement on the adjacent property to the south. OWNER shall acquire an easement for use of this area (outside the fire lane) for loading and unloading on weekends and holidays, so as not to interfere with the parking availability for the office building to the south. 21. That prior to issuance of the first building permit associated with the project, OWNER shall post a bond for the installation of all water supply improvements, including all off site improvements and fire hydrants and the abandonment/removal of any existing water lines, as required by FSP2005- 00003, TIM 16826, and MMP 131 referenced herein. All improvements shall be completed prior to occupancy on each parcel. 22. That prior to issuance of the first building permit associated with the project, OWNER shall post a bond for all traffic related street improvements, including but not limited to traffic signals, directional signage, striping, and median islands as required by FSP2005- 00003, TIM 16826, and MMP 131 referenced herein. All improvements shall be completed prior to occupancy. The traffic signal at the intersection of State College Boulevard and the proposed connector street shall be designed prior to issuance of a grading permit and be installed at its ultimate location and be operational prior to occupancy of the first building constructed within the project. 23. That prior to issuance of the first building permit associated with the project, OWNER shall post a bond for all required sewer improvements /upgrades, including the removal of any abandoned lines and/or off site improvements, as required by FSP2005- 00003, TIM 16826, and MMP 131 referenced herein. All improvements shall be completed prior to occupancy. 24. That prior to issuance of the first building permit associated with the project, OWNER shall submit water improvement plans for the entire project to the Public Utilities Department, Water Engineering Division, for review and approval. The plan shall identify the location of large water meters with easements, fire lines, and backflow devices for each parcel. 25. That OWNER shall irrevocably offer to dedicate to the CITY an easement for all domestic above - ground water meters in addition to providing a 5 -foot wide clearance around the water meter pads and a 20 -foot wide access easement along the water lines /or water laterals from the street to the water meter pads for maintenance. 26. That OWNER shall install a minimum of two water connections from the project to the public water main. OWNER shall ensure a minimum clearance of ten feet is maintained between the water line and the sewer and the curb and any other underground utilities. 539/016909 -0015 58569202 a0623/05 27. That a private water system with separate water service for fire protection and domestic water shall be provided. 28. 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. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division above ground and outside of the street setback area in a manner fully screened from all public streets and alleys. Said information shall be specifically shown on plans submitted for approval by the Water Engineering Division of the Public Utilities Department. 29. That all existing water services and fire lines shall conform to current Water Utility Standards. 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 by OWNER. If the existing services are no longer needed, they shall be abandoned by OWNER. 30. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Public Utilities Department. 31. That prior to submitting the water improvement plans; OWNER shall submit a water system master plan, including a hydraulic distribution network analysis, to the Water Engineering Division of the Public Utilities Department for review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 32. That prior to application for water meters, fire lines or submitting the water improvement plans for approval, OWNER shall submit to the Water Engineering Division of the Public Utilities Department, an estimate of the maximum fire flow rate and maximum day and peak hour 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 completed in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules, and Regulations. 33. That prior to issuance of the first building permit associated with the project, all units shall be assigned street addresses. Street names for any new public or private street (if requested by OWNER or required by the CITY) shall be submitted to and approved by the Building Division. 34. That prior to structural framing on each parcel, fire hydrants shall be installed and charged as required and approved by the Fire Department. 539/016909 -0015 58569202 a0623/05 35. That an all- weather access road as approved by the Fire Department shall be provided during project construction. 36. That because this project has a landscaping area exceeding 2,500 square feet, 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. 37. That the proposed development shall operate in accordance with the written solid waste management plan signed by OWNER. Modifications to the solid waste management plan shall only occur if mutually agreed upon by both OWNER and the City of Anaheim Director of Public Works. 38. That all above - ground utility devices shall be located on private property and outside any required setback area. Said information shall be specifically shown on plans submitted for building permits. 39. That any required relocation of City electrical facilities shall be at OWNER'S expense. Landscape and /or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. 40. That the property shall be served with underground utilities per the Electrical Rates, Rules, and Regulations, and the City of Anaheim Underground Policy. 41. That OWNER 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. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 42. That closed circuit television (CCTV) security cameras shall be installed to monitor the parking structure and the mailrooms to the satisfaction of the Anaheim Police Department. CCTV cameras shall be strategically located throughout the parking structure, covering all areas, especially all pedestrian and vehicular access points. Said information shall be specifically shown on plans submitted for building permits. 43. That each individual building and unit shall be clearly marked with its appropriate building number and address. These numbers shall be positioned so they are easily viewed from vehicular and pedestrian pathways throughout the complex. Main building numbers shall be a minimum of 12 inches in height. Main building numbers and address numbers shall be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 44. That 4 -foot high address numbers shall be displayed flat on the roof of each building in a contrasting color to the roof material. The numbers shall not be visible from view of the street or adjacent properties. Said information shall be specifically shown on plans submitted for Police Department, Community Services Division approval. 539/016909 -0015 58569202 a0623/05 45. That pedestrian and vehicular access control shall be required to prevent unwanted entry. A digital keypad entry system shall be included to facilitate quick response by emergency personnel. The system's entry code shall be provided to the Anaheim Police Department Communications Bureau and the Anaheim Fire Department. 46. That all levels of the parking structure, including circulation areas, aisles, passageways, recesses, and grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide adequate illumination to make clearly visible the presence of any person on or about the premises during the hours of darkness and provide a safe, secure environment for all persons, property, and vehicles on -site. Said information shall be specifically shown on plans submitted for building permits. 47. That prior to the issuance of the first building permit, OWNER shall finalize the abandonment of any existing public utilities easements to the satisfaction of the Development Services Division of the Public Works Department. 48. That all air conditioning facilities and other roof and ground - mounted equipment shall be properly shielded from view. Said information shall be specifically shown on plans submitted for building permits. 49. 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. Said information shall be specifically shown on plans submitted for building permits. 50. That OWNER shall provide satellite or other cable /transmission television wiring (concealed from outside the building) to each unit and shall not allow individual television service involving the installation of individual dish receivers /transmitters on the exterior of the building. 51. That OWNER shall be responsible for compliance with all mitigation measures within the assigned time frames and any direct costs associated with the attached Mitigation Monitoring Plan No. 131 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. 52. That gates shall not be installed across any driveway or private street in a manner which may adversely affect vehicular traffic on the adjacent public street. Installation of any gates shall conform to the Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to the issuance of the first building permit. 53. That prior to issuance of building permits, plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 402, 436, 470, 471, 472, 473 and 475 539/016909 -0015 58569202 a0623/05 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 54. That prior to issuance of building permits, plans shall be submitted to the City Traffic and Transportation Manager indicating how the vehicular security gates and vehicle turn- around lanes shall function. Any proposed security gates shall meet the minimum requirements as required by the Fire Department. 55. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. 56. That prior to issuance of building permits, plans shall be submitted to the City Traffic and Transportation Manager for review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for signs or wall/fence locations. Said information shall be specifically shown on plans submitted for building permits. 57. That all vehicular ramps and grades shall conform to Engineering Standard Plan No. 402, and be approved by the City Traffic and Transportation Manager. 58. That assigned parking spaces shall be provided for each residential unit. Said information shall be specifically shown on plans submitted for building permits. 59. That visitor parking spaces shall be posted, "No Overnight Parking, Except by Permission of the Management." Said information shall be specifically shown on plans submitted for building permits. 60. 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 Nos. 1 through 29, and as conditioned herein. 61. That the OWNER is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this entitlement. 62. That prior to issuance of the first building permit associated with the project, OWNER shall undertake and implement the maintenance of certain landscaping, private streets and private utilities, and the performance of other obligations, as set forth herein. Prior to the first final building and zoning inspection, OWNER shall execute and record with the Orange County Recorder an unsubordinated covenant to run with the land, satisfactory to the Planning Director and the City Attorney, creating maintenance obligations to maintain the areas and facilities (collectively referred to hereinafter as the "Maintenance Areas and Facilities ") as indicated below: 539/016909 -0015 58569202 a0623/05 • Private Street, including sidewalks, landscaping, street lighting, signage, striping and all other appurtenances to the private street. • Private sewer lines, grease interceptor, and clean outs. • Private storm drain lines, area drains, inlets, and catch basins. • Internal landscape areas, courtyards, common areas. • Internal hardscape. • Parkway landscaping. • Parkway hardscape. • Onsite fountains and art elements. • Enclosed parking structures with mail facilities, rubbish collection areas, and bicycle storage areas. • Recreational amenity areas including pools & spas, barbecue areas, clubhouse meeting room(s) and workout room. • Public restrooms. • Site lighting systems. • Trash collection and facilities. • Squeal -free surface in parking structure. • Maintenance of on -site signs and awnings. The obligations described above and depicted in the Maintenance Exhibit shall collectively be referred to as the "Maintenance Obligations." OWNER shall be responsible for the maintenance of the Maintenance Areas and Facilities and performance of the Maintenance Obligations, including any additional obligations, which may be specified herein. The Covenant may provide any of the Maintenance Obligations may be assumed by a duly formed Platinum Triangle Infrastructure and/or Maintenance Assessment District subject to CITY'S written approval. The covenant set forth herein constitutes a general scheme for the development, protection and maintenance of the Property. Said covenant is for the benefit of the Property and shall bind all successor owners thereof. Such covenant shall be a burden upon, and a benefit to, not only OWNER but also its successors and assigns. Such covenant is intended to be and shall be declared to be running with the land or equitable servitudes upon the land, as the case may be. 539/016909 -0015 58569202 a0623/05 The Covenant shall provide that amendment of any provision thereof, which may negatively impact performance of the Maintenance Obligations, shall require prior written consent of the City. Termination of this Covenant is not a release of Declarant with regard to Declarant's independent obligations in connection with development and approval of the Project or with regard to obligations and liabilities incurred prior to such termination. 539/016909 -0015 58569202 a0623/05 EXIIIBIT "D" PLATINUM TRIANGLE INTERIM DEVELOPMENT FEES 539/016909 -0015 58569202 a0623/05 -45- EXHIBIT "D -1" ELECTRIC UTILITIES UNDERGROUNDING FEE Residential Uses $11.42 per unit 266 units x $11.42 = $3,037.72 The Anaheim Master Land Use Plan and the Underground Conversion Program envision that the public utilities along Katella Avenue, between the State College Boulevard and Anaheim Way will need to be undergrounded. The City -owned facilities will be undergrounded using City funds, pursuant to the Rule No. 20 of the City of Anaheim Rates, Rules & Regulations Some of the facilities along Katella Avenue are owned by Southern California Edison (SCE). Moneys available to underground City -owned facilities may not be used to underground SCE facilities. The interim fee will collect the funds necessary to underground the SCE lines, and thereby significantly improve the appearance of The Platinum Triangle. The cost to underground the SCE lines is estimated at $104, 775. These funds will collected by imposing an interim fee on the Mixed -used residential units planned in The Platinum Triangle. The formula for calculating the fee is the following: Cost to Underground SCE lines = Per -Unit Fee Number of mixed -use residential units The Per -Unit fee is calculated at: $104,775 = $11.42 per Unit 9,175 Units 539/016909 -0015 58569202 a0623/05 -46- EXIMIT "D -2" FIRE FACILITIES FEE Residential Uses $350.00 per unit Commercial /Office Uses $ 0.20 per square foot 266 units x $350.00 = $93,100.00 The purpose of establishing a Fire Protection Fee is to finance improvements and additions to facilities and equipment to support fire protection and paramedic services made necessary by new development and expansion of and additions to existing development within The Platinum Triangle. Development will generate additional need for protection and paramedic services in The Platinum Triangle. There is a need in The Platinum Triangle for expansion of fire protection and paramedic services and for new and expanded development to contribute its fair share towards the costs of additional and improved facilities and equipment. There is a reasonable relationship between the need for the described fire protection and paramedic facilities and equipment and the impacts of the types of development proposed for The Platinum Triangle, for which the corresponding Fire Protection Fee described above is charged. There is also a reasonable relationship between the use of the fee and the type of development for which the fee is charged, in that these fire protection and paramedic facilities and equipment provide support for fire protection and paramedic services and accommodate additional demand generated by development. The cost estimates set forth below are reasonable cost estimates for adding to fire protection and paramedic facilities and equipment in The Platinum Triangle. The Fire Protection Fees collected pursuant to this agreement shall be used to finance only the additional facilities described, which additional facilities are needed to augment existing fire protection and paramedic facilities and equipment serving The Platinum Triangle, to offset the impacts of new development and expansion of and additions to existing development within The Platinum Triangle. FIRE FACILITIES AND EQUIPMENT Fire truck company with equipment Fire engine company with equipment Fire station $1,000,000 $ 750,000 $3,500,000 TOTAL $5,250,000 539/016909 -0015 58569202 a0623/05 -47- EXIMIT "D -3" GENERAL PLAN AND ENVIRONMENTAL PROCESSING FEE Residential Uses: $8.00 per unit Commercial /Office Uses: $0.01 per square foot 266 units x $8.00 = $2,128.00 The General Plan and Environmental Processing Fee is based on the following: Intent: Recover partial costs incurred to develop the Mixed -Use Overlay designation for the Platinum Triangle, including the preparation of the Environmental Impact Report Contract Costs Incurred: $146,000 New Development Allowed in Platinum Triangle: 7,044,300 sq.ft. of non - residential uses 9,175 residential units (assume average unit size of 800 sq.ft. = 7,340,000 sq.ft.) 7,044,300 7,340,000 14,384,300 total square feet $146,000/14,384,300 = $.01 per square foot 7,340,000 x $.01 = $73,400 $73,400/9175 = $8 per dwelling unit Planning Entitlement Fee 539/016909 -0015 58569202 a0623/05 -48- EXHIBIT "D -4" LIBRARY FEES Residential Uses $144.39 per unit 266 units x $144.39 = $38,407.74 The amount of the Library fee is based upon the current fee structure for East Santa Ana Canyon residential development for single family residential uses. The 2004 fee for such residential uses is $317.67, based upon an estimated 3.3 persons per dwelling. Using an estimate of 1.5 persons per unit in The Platinum Triangle, the proposed interim developer fee for The Platinum Triangle is $144.39 per unit. 539/016909 -0015 58569202 a0623/05 -49- Notes: * Memorandum by Keyser - Marsten dated December 29, 2004 and updated January 15, 2004 by James Rabe of Keyser Marsten, available in the Parks Division office. * * As approved by the City Council in Resolution No. 2004R -128, dated June 15, 2004. * ** The square foot figure for required recreational space per dwelling unit in The Platinum Triangle is lower than the figure used elsewhere in the City, as set forth in Section 17.08. The lower figure is recommended because of the type of residential projects anticipated for The Platinum Triangle. The mixed use type of neighborhoods proposed require smaller human scale parks within a walking distance of 2.5 to 5 minutes of each dwelling unit. 539/016909 -0015 58569202 a0623/05 —50— EXIMIT "D -5" PLATINUM TRIANGLE PARK FEES Residential Uses $7055.74 per unit 266 units x $7,055.74 = $1,876,826.84 Park fees are established by implementing various values identified for The Platinum Triangle into the Park Dedication fee formula, as established by Anaheim Municipal Code, Chapters 17.08 and 17.34, which is as follows: (Land Acquisition Costs + Land Development Costs) x 2 x DU density proposed =fee 1,000 Land acquisition costs are estimated by Keyser - Marsten to be $50 /sq. ft. of property purchased (for industrial properties, including goodwill and relocation costs *). This equals $2,178,000/ac. Land Development costs have been established by the City Council at $173,913.33/ac. ** City Park Acreage Standard of 2 acres /1,000 population was incorporated in the formula set forth in Chapters 17.08 and 17.34, as approved by City Council. Estimated dwelling unit density of 1.5 persons /unit for both the single family attached and apartment complexes as estimated in Final Environmental Irnpact Report, No. 330, Table 4.3 -1, for the City of Anaheim's General Plan and Zoning Code Update. Using the above figures the park fee is $7,055.74 per unit. ($2,178,000 + $173,913.33) x 2 x 1.5 = $7,055.74 per unit 1,000 Parkland dedication will be required for each 8 acre or larger parcel proposed for residential development. The City's Platinum Triangle consultant, EDAW, has recommended that each dwelling unit for parcels of 8 acres or larger dedicate 44 sq. ft. of public parkland per each dwelling unit proposed. * ** The value of the parkland dedication will be credited against overall park in lieu fees paid for the project. Consistent with existing zoning and policies, no credit will be given for improvements. As an example, if a subdivision were required to dedicate a. 5 acre park, credit would be given against the Land Acquisition value, established above, of $2,178,000 per acre. Accordingly the Developer would be entitled to a credit of $1,089,000 for the dedication. 539/016909 -0015 58569202 a0623/05 —51— EXIMIT "D -6" POLICE FACILITIES FEE Residential Uses $31.62 per unit Office Uses $ .10 per square foot Commercial Uses $ .21 per square foot 266 units x $31.62 = $8,410.92 The Revenue and Cost Specialists Consulting firm is still in the process of establishing fee guidelines for The Platinum Triangle area. During the interim the foregoing formula will be applicable to offset the equipment cost for police services in The Platinum Triangle area. The interim fee will be replaced with a one -time capital facilities fee which will be applicable to the Project. 539/016909 -0015 58569202 a0623/05 —52— EXHIBIT "D -7" PUBLIC WORKS SUPPLEMENTAL FEES SUPPLEMENTAL SEWER IMPACT FEE All Land Uses $430.00 per 1,000 gross square foot Gross Floor Building Area developed between 0.4 and 1.0 Floor Area Ratio (FAR) $430.00 x 305.034 = $131,164.62 ARTERIAL HIGHWAY BEAUTIFICATION /AESTHETIC IMPACTS FEE All Land Uses 12,500.00 per gross acre $12,500 x 3.85 = $48,125.00 SUPPLEMENTAL STORM DRAIN IMPACT FEE (Drainage District 27)* Residential Uses $24,500.00 per net acre Non - Residential Uses (inc. condominiums) $35,000.00 per net acre Not Applicable *Drainage District Maps are available in the Public Works Department. 539/016909 -0015 58569202 a0623/05 —53— EXHIBIT "D -8" TRAFFIC FEE Residential Uses $871.00 per unit Condominiums $643.00 per unit Office Uses $3,384.00 per 1,000 square foot Commercial Uses $10,552.00 per 1,000 square foot 266 units x $643.00 = $171,038.00 The Supplemental Traffic Fee is based upon the following: PLATINUM TRIANGLE TRAFFIC IMPACT FEE CALCULATION 1 Anaheim Traffic Analysis Model, PBQ &D, hourly trip rate between 3 & 7 pm weekdays in Platinum 2 Anaheim Traffic Analysis Model, PBQ &D, average trip length during PM peak hour in Platinum Triangle. 3 PM trip rate multiplied by average length, then divided by OCTA standard 1,700 vehicles per hour per lane. 4 Construction plus right -of -way (no landscaping, derived from State College/Lincoln project data below $ 1,582,195 construction of SECollege/Lincoln intersection widening. PM PEAK AVERAGE CAPACITY COSTPER IMPACT LANDUSE UNIT TRIPRATE 1 LENGTH(MI) 2 CONSUMED 3 LANEMILE 4 FEE/UNIT 5 Residential dwelling 0.49 1.67 0.00048086 $ 2,818,092 $ 871 Office tsf 1.36 1.67 0.00133330 $ 2,818,092 $ 3,384 Commercial tsf 3.89 1.67 0.00382504 $ 2,818,092 $ 10,552 1 Anaheim Traffic Analysis Model, PBQ &D, hourly trip rate between 3 & 7 pm weekdays in Platinum 2 Anaheim Traffic Analysis Model, PBQ &D, average trip length during PM peak hour in Platinum Triangle. 3 PM trip rate multiplied by average length, then divided by OCTA standard 1,700 vehicles per hour per lane. 4 Construction plus right -of -way (no landscaping, derived from State College/Lincoln project data below $ 1,582,195 construction of SECollege/Lincoln intersection widening. $4087 linear feet (10 of project length. $ 387.13 per If (no landscape costs included) $ 2,044,039 const cost/mile $ 774,053 row cost/mile Impact Fee is excluse of Citywide Traffic and Transportation Improvement Fee, which also is due. 539/016909 -0015 58569202 a0623/05 -54- EYCHMIT "`E" DEVELOPMENT REQUIREMENTS AND MAINTENANCE OBLIGATIONS As a condition of approval of Development Agreement No.2005- 00006, the City requires OWNER to undertake and implement the maintenance of certain landscaping, private streets and private utilities, and the performance of other obligations, as set forth herein. Prior to the earlier of either the sale of the first residential lot or the issuance of the temporary or permanent "Certificate of Occupancy" for the first residential dwelling unit in Tract Map No. 16826, OWNER shall execute and record with the Orange County Recorder a declaration of covenants, conditions and restrictions ( "CC &Rs ") satisfactory to the Planning Director and the City Attorney creating maintenance obligations for an incorporated association ( "Association ") to establish a financial mechanism or financial mechanisms to maintain those areas and facilities (collectively referred to hereinafter as the "Common Area ") depicted on Attachment No. 1 attached hereto. Such Area shall include those items indicated within Condition No. 62 of Exhibit C to this Development Agreement: The obligations described above and depicted in the Maintenance Exhibit shall collectively be referred to as the "Maintenance Obligations." Until such time as the Association is formed, the CC &Rs are recorded, the Common Area is conveyed in fee to the Association, and the Association has assumed responsibility to maintain the Common Area and perform the Maintenance Obligations, OWNER shall be responsible for the maintenance of the Common Area and performance of the Maintenance Obligations, including any additional obligations which may be specified herein. Reconveyance of all or part of the Common Area or any property interest therein to a party other than the Association shall require (i) the prior written consent of the City, (ii) appurtenant easements over the Common Area for the benefit of each and every lot in the Property and (iii) that the reconveyance expressly affirm that the provisions of Civil Code Section 1367 relating to lien rights to enforce delinquent assessments and the CC &Rs shall remain applicable. The CC &Rs may provide any of the Maintenance Obligations may be assumed by a duly formed Platinum Triangle Infrastructure and /or Maintenance Assessment District subject to CITY'S written approval. The covenants and restrictions set forth herein constitute a general scheme for the development, protection and maintenance of the Property for the benefit of all owners. Said covenants and restrictions are for the benefit of the Property and shall bind all owners thereof. Such covenants and restrictions shall be a burden upon, and a benefit to, not only the OWNER but also its successors and assigns. All of such covenants and restrictions are intended to be and shall be declared in the CC &Rs to be covenants running with the land or equitable servitudes upon the land, as the case may be. The CC &R's shall provide that termination of the CC &R's or amendment of any provision which may negatively impact performance of the Maintenance Obligations shall require prior written consent of the City. Termination of this Declaration is not a release of Declarant with regard to Declarant's independent obligations in connection with development and approval of the Project or with regard to obligations and liabilities incurred prior to such termination. 539/016909 -0015 58569202 a0623/05 —55— EXHIBIT "F" PRELIMINARY TITLE REPORT 539/016909 -0015 58569202 a0623/05 -56- EXHIBIT "G" CONNECTOR STREET COST ESTIMATE [To Be Determined] 539/016909 -0015 58569202 a0623/05 -57- Attachment - Item No. 4 To: Sheri Vander Dussen, Planning Director From: John P. Ramirez, Associate Planner Date: June 9, 2005 RE: FINAL SITE PLAN REVIEW NO. 2005-00003 GATEWAY CENTRE CONDOMINIUMS (2045 South State College Boulevard) The Platinum Triangle Mixed Use (PIMU) Overlay Zone (Chapter 18.20 of the Anaheim Municipal Code) requires an approved Final Site Plan and a Development Agreement between the property owner and the City of Anaheim for all development that implements the PTMU Overlay Zone in the Katella District, except as otherwise exempt under the Code. A Final Site Plan Application is required to be submitted to the Planning Department for review and approval by the Planning Director as to conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. The approved Final Site Plan is then attached as an exhibit to the Development Agreement. The Agreement is submitted to the Planning Commission and City Council for review at a noticed public hearing. The project applicant (Integral Partners) has submitted Final Site Plan No. 2005 -00003 to the Planning Department to provide for the development of the Gateway Centre Condominiums (a 5 -story, 266 -unit "podium - style" condominium project) in the PTMU Overlay Zone, Gateway District. The project site encompasses approximately 3.80 acres on the west side of State College Boulevard north of Orangewood Avenue and is partially developed with an overflow parking area for an adjacent office building. The tentative tract map (TIM No. 16826) and development agreement (DAG2005- 00006) applications are agendized for a Planning Commission June 9, 2005 Attachment - Item No. 4 Final Site Plan Review No. 2005 -00003 Page 2 of 2 public hearing on June 13, 2005, with an anticipated City Council public hearing date of July 26, 2005. Staff has reviewed the submitted Final Site Plan application, including the exhibits listed on Attachment `A' to this memo which are on file and available for review in the Planning Department and Attachment `B', Development Intensities for the Gateway District. Staff has determined that the Final Site Plan application is in conformance with the provisions of the PTMU Overlay Zone and The Platinum Triangle Master Land Use Plan. Therefore, staff recommends that the Planning Director, by signature below, approve Final Site Plan No. 2005- 00003. Approval of Final Site Plan No. 2005 -00003 is contingent upon the approval of Tentative Tract Map No. 16826 and Development Agreement No. 2005 -00006 by the Planning Commission and the City Council. Approved by: Sheri Vander Dussen, Planning Director Date Attachment - Item No. 4 ATTACHMENT "B" Development Intensities for the Katella, Gene Autry and Gateway Districts Amendment to the Gateway District - Residential (Gateway Centre, PC Date 6/13/05) Residential (Dwelling Units) District PTMU Overlay Table 20 -D Approved by Previous Entitlements Proposed by FSP 2005 -00005 Existing' Approved Remaining New Construction Demolition Remaining Katella 4,250 0 1,075 3,175 0 0 3,175 Gene Autry 1,000 0 0 1,000 0 0 1,000 Gateway 1,750 0 352 1,398 266 0 1,132 Total 7,000 0 0 5,573 0 0 5,307 District PTMU Overlay Table 20 -D Approved by Existing' Office (Square Feet) Previous Entitlements Approved 2 Remainin Proposed New Construction by FSP 2005 -00003 Demolition Remainin 3 Katella 775,000 385,160 4,156 - 44,100 419,840 0 0 419,840 Gene Autry 100,000 0 0 0 100,000 0 0 100,000 Gateway 530,000 408,000 0 0 122,000 0 0 122,000 Total 1,405,000 793,160 97,596 0 641,840 0 0 641,840 District PTMU Overlay Table 20 -D Commercial (Square Feet) Approved by Previous Entitlements Existing' Approved Remaining Pro New Construction 3osed by FSP2005 -00003 Demolition Remaining Katella 544,300 524,300 15,844 4,156 0 0 4,156 Gene Autry 50,000 5,230 0 44,770 0 0 44,770 Gateway 50,000 1,330 0 48,670 0 0 48,670 Total 644,300 530,860 0 97,596 0 0 97,596 1 Existing at time of EIR No. 330 was circulated (March 18, 2004) Z Approved is net approved (amount proposed minus amount demolished) 3 Following approval of FSP No. 2005 -00003 ° Negative number indicates demoliton Appendices Appendix I Mitigation Monitoring Program No. 131 50 Gateway Centre Initial Study City of Anaheim Appendices This page left blank intentionally. The Planning Center May 2005 MITIGATION MONITORING PROGRAM NO. 131 FOR GATEWAY CENTRE RESIDENTIAL DEVELOPMENT CEQA Action Mitigated Negative Declaration Proiect Description The project applicant proposes development of a 5- story, 266 -unit condominium project with attendant driveways, sidewalks and landscaping, on a 3.85 -acre site. The development would be constructed in the "podium" style, with residential units situated above a subterranean parking structure. Four different single - family condominium floor plans are proposed. The unit mix is comprised of: 39 one - bedroom /one -bath units approximately 908 square feet in size (Plan 1), 176 two - master - bedroom /two -bath units approximately 1,164 square feet in size (Plan 2),15 three- bedroom/three -bath units approximately 1,404 square feet in size (Plan 3), and 30 three- bedroom /two- and -a- half -bath units approximately 1,499 square feet in size (Plan 4). The average unit area is 1,220 square feet. Building setbacks would be 10 feet from a planned connector street (Street 'A' as shown on the site plan) on the north and 13 feet from State College Boulevard on the east. Motor vehicle access to the site would be provided on a planned but not yet constructed street, designated "Street 'A "' on the conceptual site plan, which would border the proposed project site on the north. Covered parking stalls would be provided at ground level and in a subterranean parking garage. Pedestrian access into the development would be provided via State College Boulevard. Site amenities would include a recreation building, swimming pool and spa on the second level of the structure. Proiect Location The proposed project site is located at 2045 South State College Boulevard, within The Platinum Triangle planning area of the City of Anaheim. The proposed project site fronts onto the west side of State College Boulevard north of Orangewood Avenue and south of Gene Autry Way, as shown on previous Figures 2 and 3. The site consists of two contiguous parcels: APN 232 - 081 -21 and APN 232 - 081 -16. The proposed project would be bounded on the north by a proposed connector street (Street "A "). The proposed project site is located west of Angel Stadium of Anaheim, southwesterly of the Amtrak/Metrolink Station and rail line, west of the Orange Freeway (1 -57), and northeast of the Santa Ana Freeway (1 -5). Terms and Definitions Property Owner /Developer — Any owner or developer of real property within the Gateway Centre Residential Development.. 2. Environmental Equivalent/Timing —Any Mitigation Measure and timing thereof, subject to the approval of the City, which will have the same or superior result and will have the same or superior effect on the environment. The Planning Department, in conjunction with any appropriate agencies or City departments, shall determine the adequacy of any proposed "environmental equivalent/timing" and, if determined necessary, may refer said determination to the Planning Commission. Any costs associated with the information required in order to make a determination of environmental equivalency /timing shall be borne by the property owner /developer. Staff time for reviews will be charged on a time and materials basis at the rate in the City's adopted fee schedule. 3. Timing —This is the point where a mitigation measure must be monitored for compliance. In the case where multiple action items are indicated, it is the first point where compliance associated with the mitigation measure must be monitored. Once the initial action item has been complied with, no additional monitoring pursuant to the Mitigation Monitoring Program will occur because routine City practices and procedures will ensure that the intent of the measure has been complied with. For example, if the timing is "to be shown on approved building plans" subsequent to issuance of the building permit consistent with the approved plans will be final building and zoning inspections pursuant to the building permit to ensure compliance. 5/19/05 Page 1 Of 8 4. Responsibility for Monitoring — Shall mean that compliance with the subject mitigation measure(s) shall be reviewed and determined adequate by all departments listed for each mitigation measure. 5. Ongoing Mitigation Measures —The mitigation measures that are designated to occur on an ongoing basis as part of this mitigation monitoring program will be monitored in the form of an annual letterfrom the property owner /developer in January of each year stating how compliance with the subject measures(s) has been achieved. When compliance with a measure has been demonstrated for a period of one year, monitoring of the measure will be deemed to be satisfied and no further monitoring will occur. For measures that are to be monitored "Ongoing During Construction," the annual letter will review those measures only while construction is occurring. Monitoring will be discontinued after construction is completed. 6. Building Permit— For purposes of this mitigation monitoring program, a building permit shall be defined as any permit issued for construction of a new building or structural expansion or modification of any existing building but shall not include any permits required for interior tenant improvements or minor additions to an existing structure or building. 5/19/05 Mitigation Monitoring Program 131 for Gateway Centre Residential Development Page 2 Of 8 Measure Responsible for No. Timing Measure Monitoring Completion AIR QUALITY AQ -1 Prior to the The property owner /developer shall use zero - Volatile Organic Compounds (VOC)- Public Works approval of each content architectural coatings during the construction of the proposed project to the Department, building permit maximum extent feasible. This measure would reduce VOC (ROC) emissions by Engineering Division 95 percent over convention architectural coatings. The following are websites that provide lists of manufacturers of zero -VOC- content coatings: • http: / /www.agmd.gov/ business /brochures /zerovoc.html • http: / /www.delta- institute .org /publications /paints.pdf • http: //www.cleanaircounts .org /factsheets /FS %20PDF/ Low %20VOC %20Pai nt. pdf HAZARDS AND HAZARDOUS MATERIALS HM -1 Prior to the Prior to the issuance of grading permits for the proposed project, a focused Public Works issuance of subsurface investigation shall be conducted on the proposed project site to assess Department, grading permit the likelihood that soils beneath the site have been impacted by petroleum Engineering Division hydrocarbons and related constituents. The investigation shall include a soil gas survey and soil matrix sampling and analysis for gasoline, diesel fuel, heavier end petroleum hydrocarbons, and volatile organic compounds (VOCs) including MTBE. In the event that impacted soil is encountered, the soil shall be handled in accordance with applicable regulations (including off -site disposal if necessary). HM -2 Prior to the The above - referenced subsurface investigation shall be submitted to the City of Public Works issuance of Anaheim Public Works Agency Engineering Division prior to issuance of a grading Department, grading permit permit. Construction plans indicating compliance with all measures recommended Engineering Division by the soil study shall be submitted for review and approval by the City of Anaheim Public Works Agency, Engineering Division. HM -3 Prior to the Prior to issuance of grading permits, soil samples shall be collected, tested, and Public Works issuance of analyzed for lead contamination. The design consultant shall conduct the lead Department, grading permit investigation during the early stage of design. If lead contamination is found, the Engineering Division results /conclusions shall be included in the PS &E package and the Resident Engineer's File by the design consultant, and submitted to the Public Works Department, Engineering Division. 5/19/05 Mitigation Monitoring Program 131 for Gateway Centre Residential Development Page 3 Of 8 Measure No. Timing Measure Responsible for Monitoring Completion HM -4 Prior to the Any soil adjacent to existing highways to be disturbed during construction, if it is to Public Works issuance of be reused, shall be tested for the presence of lead. If the total lead concentration is Department, grading permit less than or equal to 350 milligrams per kilogram (mg /kg) (350 ppm), the soil may Engineering Division be reused under the following circumstances. If the soluble lead concentration is less than or equal to 0.5 mg /liter (0.00007 ounces /gallon) (using deionized water as a buffer) and the pH is greater than or equal to 5.0, the soil can be reused with the following restrictions: • It must be placed 1.5 meters (five feet) above the high water -table mark, and • It must be covered with 0.3 meter (one foot) of non - hazardous soil. If the soluble lead concentration is less than 50 mg /liter (0.007 ounces/ gallon) (using deionized water as a buffer) and the pH is greater than or equal to 5.0, the soil can be reused with the following restrictions: • It must be placed 1.5 meters (five feet) above the high water -table mark, and • It must be covered with pavement. If the lead- contaminated soil does not meet these restrictions it cannot be reused and must be disposed of at a Class I disposal site. HM -5 Prior to the Prior to issuance of grading permits, soil samples shall be collected, tested, and Public Works issuance of analyzed for the presence of asbestos contamination. The design consultant shall Department, grading permit conduct the asbestos soil contamination investigation during the early stage of Engineering Division design. If asbestos soil contamination is found, the results /conclusions shall be included in the PS &E package and the Resident Engineer's File by the design consultant and submitted to the Public Works Department, Engineering Division. Sample collection procedures shall be based upon the Asbestos Hazard Emergency Response Act (AHERA) protocols and Environmental Protection Agency (EPA) guidelines. Surveys shall be conducted following modified AHERA, Occupational Safety and Health Administration (OSHA) Asbestos Construction Standard, 29 CFR 926.1101, and applicable regulations under the Federal National Emission Standard for Hazardous Air Pollutants ( NESHAP). State and local regulations shall be incorporated where applicable. An EPA /AHERA - certified inspector shall collect samples and complete a chain of custody form. Laboratories accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) shall analyze samples using Polarized Light Microscopy (FILM) visual area estimation (VAE). Materials containing less than 10% asbestos by PLM -VAE may be analyzed by FILM point counting. Classification and determination of asbestos - containing material (ACM) are to be based upon all current regulatory information including NESHAP clarifications and multi - layered systems as published in the Federal Register. 5/19/05 Mitigation Monitoring Program 131 for Gateway Centre Residential Development Page 4 Of 8 Measure Responsible for No. Timing Measure Monitoring Completion HM -6 Prior to the Prior to issuance of grading or demolition permit, a health and safety plan shall be Public Works issuance of developed and submitted to the Public Works Department, Engineering Division to Department, grading or guide all construction activities. A certified industrial hygienist shall prepare the plan Engineering Division demolition permit based on evaluations of the proposed construction activities and the potential hazards identified in the ESA. The plan shall contain specific procedures for encountering both expected and unexpected contaminants. The plan shall prescribe safe work practices, contaminant monitoring, personal protective equipment, emergency response procedures, and safety training requirements for the protection of construction workers and third parties. The health and safety plan shall meet the requirements of 29 CFR 1910 and all other applicable Federal, State, and local regulations and requirements. HM -7 Prior to the The property owner /developer shall include a note on all grading plans indicating Public Works issuance of that abandoned tanks that are not registered may be present within the project Department, grading permit limits and that the contractor must be prepared to encounter these types of tanks Engineering Division during construction. Removal of underground storage tanks, if present, may also be required. All procedures for removing tanks, including sampling procedures, shall be in accordance with all applicable Federal, State, and local regulations. HM -8 Prior to the Prior to issuance of grading permit, a contingency plan shall be in place to address Public Works issuance of events such as the discovery of unidentified underground storage tanks, hazardous Department, grading permit materials, petroleum hydrocarbons, or any other type of hazardous materials during Engineering Division construction. This contingency plan shall address underground storage tank decommissioning, field screening and material testing methods, mitigation and contaminant management requirements, and health and safety requirements for construction workers. If an unexpected release of hazardous substances is found in reportable quantities, the National Response Center shall be notified and clean -up coordinated with environmental agencies HM -9 Prior to issuance The property owner /developer shall indicate on all grading plans that dust Public Works of grading permit suppression methods shall be utilized during all phases of the site preparation and Department, construction process. Engineering Division HM -10 Prior to issuance Prior to the issuance building permits, the Planning Department, Planning Division Planning of building permit shall review the proposed project to evaluate its compliance with the State of Department, California Department of Transportation, Division of Aeronautics' California Airport Planning Division Land Use Planning Handbook. 5/19/05 Mitigation Monitoring Program 131 for Gateway Centre Residential Development Page 5 Of 8 Measure Responsible for No. Timing Measure Monitoring Completion HYDROLOGY AND WATER QUALITY HY -1 Prior to the Prior to the approval of landscape plans or issuance of the first building permit, Planning approval of whichever occurs first, the Project Applicant shall submit landscaping plans to the Department, landscape plans City of Anaheim Planning Department in compliance with Chapter 10.19 of the Planning Division or issuance of Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. the first building Said plans shall use efficient irrigation systems, including low -flow sprinkler heads, permit, drip irrigation, and automatic systems that use moisture sensors and automatic rain whichever occurs shut -off devices and shall be implemented prior to final building and zoning first inspections. • Use of low -flow fittings, fixtures, and equipment, including low -flush toilets and urinals, • Use of self - closing valves on drinking fountains, • Use of efficient irrigation systems such as drip irrigation and automatic systems that use moisture sensors, • Use of irrigation systems primarily at night when evaporation rates are lowest, • Use of low -flow sprinkler heads in the irrigation system, and • Use of water - conservation landscape plant materials wherever feasible. HY -2 Prior to issuance The following conservation measures, where applicable, shall be included on the Planning of building permit construction plans prior to the issuance of each building permit: Department, • Use of low -flow fittings, fixtures, and equipment, including low -flush toilets and Building Division urinals, • Use of self - closing valves on drinking fountains, • Use of efficient irrigation systems such as drip irrigation and automatic systems that use moisture sensors, • Use of irrigation systems primarily at night when evaporation rates are lowest, • Use of low -flow sprinkler heads in the irrigation system, and • Use of water - conservation landscape plant materials wherever feasible. HY -3 Prior to issuance A detailed drainage analysis shall be required to determine whether any project Public Works of building permit design features (construction of landscape berms or other barriers) would retard or Department, take storm runoff outside the limits of the public right -of -ways. Measures shall be Engineering Division required to avoid any flooding effects on downstream properties. Applicable storm drain improvements shall be required per the Public Works Department, Engineering Division and the Orange County Flood Control District. 5/19/05 Mitigation Monitoring Program 131 for Gateway Centre Residential Development Page 6 Of 8 Measure Responsible for No. Timing Measure Monitoring Completion NOISE N -1 Prior to issuance Because project residences would be exposed to noise levels in excess of the Planning of building permit City's exterior noise standard of 65 dBA CNEL, a detailed acoustic study and Department, mitigation is required to ensure that project residences comply with the City's Planning Division interior noise standard of 45 dBA CNEL. TRANSPORTATION /TRAFFIC T -1 Prior to issuance Prior to issuance of a certificate of occupancy for the proposed project, the project Public Works of a certificate of applicant shall install, or shall bond for the installation of, a traffic signal at the Department, Traffic occupancy future intersection of State College Boulevard and Market Street. and Transportation Division UTILITIES AND PUBLIC SERVICE U -1 Prior to The property owner /developer shall be required to install sanitary sewer facilities as Public Works acceptance for required by the City Engineer to mitigate the impacts of the proposed development Department, maintenance of based upon the applicable sewer deficiency study prior to acceptance for Engineering Division public improve- maintenance of public improvements by the City or final building and zoning ments by the City inspection for the building /structure, whichever occurs first. Additionally, the or final building property owner /developer shall participate in the Infrastructure Improvement (Fee) and zoning Program, if adopted for the project area, as determined by the City Engineer, which inspection for the could include fees, credits, reimbursements, construction, or a combination thereof. building /structure , whichever occurs first U -2 Prior to issuance The property owner /developer shall identify the off -site location for material export Public Works of building permit from the project and options for disposal of excess material. The property Department, owner /developer shall offer recyclable building materials, such as asphalt or Sanitation Division concrete, for sale or removal by private firms or public agencies for use in construction of other projects, if all cannot be reused on the project site. U -3 Prior to final Prior to the issuance of each building permit and to be implemented prior to final Public Works building and building and zoning inspections, the property owner /developer shall submit project Department, zoning plans to the Streets and Sanitation Division of the Public Works Department for Sanitation Division inspections review and approval to ensure that the plans comply with AB939, the Solid Waste Reduction Act of 1989, and the County of Orange and City of Anaheim Solid Waste Management Plans as administered by the City of Anaheim. Implementation of said Plan shall remain in full effect as required by the Streets and Sanitation Division and shall include the following Plan components: • Detailing the locations and design of on -site recycling facilities • Providing on -site recycling receptacles to encourage recycling 5/19/05 Mitigation Monitoring Program 131 for Gateway Centre Residential Development Page 7 Of 8 Measure No. Timing Measure Responsible for Monitoring Completion U -3 . Participating in the City of Anaheim's Recycle Anaheim program cont. Providing trash compactors for non - recyclable materials whenever feasible to reduce the total volume of solid waste and number of trips required for collection • Prohibiting curbside pick -up • Ensuring hazardous materials disposal complies with federal, State, and City regulations U -4 Prior to issuance The following practices shall be implemented by the property owner /developer Public Works of each building during the project operation, if feasible: Department, permit, to be . Recovery of materials, such as aluminum and cardboard Sanitation Division implemented prior to final • Collection of office paper for recycling building and . Collection of polystyrene (foam) cups for recycling zoning inspections • Collection of glass, plastics, kitchen grease, laser printer toner cartridges, oil, batteries, and scrap metal for recycling or recovery. 5/19/05 Mitigation Monitoring Program 131 for Gateway Centre Residential Development Page 8 Of 8 Item No. 4 ATTACHMENT "A" PROJECT DESCRIPTION— GATEWAY CENTRE CONDOMDaFJMS The Gateway Centre Condominium project is located in the Gateway District of the Mixed - Use Overlay Zone within the City of Anaheim's Platinum Triangle area. The 3.85 acre site is bounded on the north by industrial uses, on the east by State College Boulevard, and on the south and west by parking lots for adjacent office uses. Vehicular access to the project site is planned via a proposed east -west Connector Street (Street "A "), which runs parallel to the northerly property boundary. Street "A" is planned to connect on the west to a planned north -south Connector Street and to State College Boulevard on the east. While no parking is planned along Street "A," a curb cut will be provided for a truck loading area to accommodate resident's moving needs and large deliveries. Regional vehicular access to the project site is provided from the east by the Orange Freeway (SR -57) and from the south by the Interstate 5 Freeway. A total of 612 parking stalls are planned on both ground (guest and resident) and basement (resident only) levels. Both guest and resident parking areas will be controlled by a series of gates to ensure privacy and availability of parking spaces. The project consists of 266 for -sale condominium homes, on five stories over basement level parking, at a density of 70 units per acre. A mix of one, two, and three bedroom residential units will range in size from 908 to 1,499 square feet. Ground level residential units will "wrap" the entire ground level parking area on all four sides of the building, each planned with a private patio. Ground level units will also be slightly elevated (approximately 18 inches) from the ground to ensure resident privacy from adjacent sidewalks. Units located along Street "A," will have stoops and stairways allowing residents to enter directly from the street. Internally oriented podium level residential units will have larger private patios, while the remainder of externally oriented units on this level will have balconies. All residential units on the top three levels will have balconies. There are no commercial uses planned for this site. A primary pedestrian gated entry is planned off of State College Boulevard that will access the building's two -story main lobby area. Secondary pedestrian access is also planned to the south that will access the building's podium recreational and living level. Five elevators are provided throughout the building, allowing convenient pedestrian access to residential units, parking areas, recreational amenities, and street level sidewalks. Recreational amenities, as well as the Homeowner Common Facilities building, will be located on the podium level (second story). Recreational amenities include a pool and spa, cabanas, restrooms, showers, and an outdoor kitchen/dining area. Passive recreational areas are also planned throughout the podium level of the building. The Homeowner Common Facilities building may include a multi - purpose room, fitness center, business center, game room, and lounge. Landscaping will occur at the ground level in the form of shrubs and trees in planter boxes and sidewalk grates. Walls will be provided along the south and west boundaries of the site and shall have external niches to accommodate tree and vine plantings. The niches are intended to soften the interface of the project with the adjacent parking related uses. Item No. 4 SrrE Sum ARY SITE GROSS AREA: 3.85 ACRES TOTAL DWELLING UNITS: 266 DENSITY: 70 DU /ACRE UNIT MIX SUMMARY Item No. 4 ANAHEIM CITY SCHOOL DISTRICT OPERATIONS CENTER 1411 South Anaheim Boulevard, Anaheim, CA 92805 Tel 714-517-7549 e Fax 714 - 517 -8768 DEPUTY SUPERINTENDENT ADMINISTRATIVE SERVICES Paul Burkart May 26, 2005 John P. Ramirez Associate Planner City of Anaheim Planning Department 200 S. Anaheim Blvd. P.O. Box 3222 Anaheim, CA 92803 ANAHEIM CITY SCHOOL DISTRICT �qv zoos R�cF j V tIFF,! r �'r . 7i1 Re: Response to Mitigated Negative Declaration for Gateway Centre Residential Development Dear Mr. Ramirez: The Anaheim City School District (District) appreciates the opportunity to provide the following comments regarding the Mitigated Negative Declaration (MND) for the Gateway Centre Residential Development Project (Project). The paragraph at the bottom of page 99 correctly states that the Project is within the attendance boundaries of Revere Elementary School. However,. Table 5.13 -1 on page 99, as well as the paragraph above Table 5.13 -1, states that the Project is within the Guinn Elementary School attendance boundary. In the interest of consistency, the District asks that all references to the current attendance boundary be changed to Revere Elementary School. The above statements notwithstanding, the MND does correctly state that the District does not know at this time which school students generated from the project will eventually attend. Additionally, the assertion on page 100 of the MND that "the generation factors used... are based on the number of students expected to be generated from a single - family residential development..." is incorrect. The District's current student generation rate of 0.397 is a blended number including all residential unit types, including single - family detached, single family attached, and multi - family unit types. As for a realistic student generation rate for the Project, the District acknowledges the fact that this type of residential construction is unique in comparison to the type of housing that currently exists in the City and will likely have a different (i.e., lower) student generation rate. However, the District is not inclined to assume that Mr. John P. Ramirez May 26, 2005 Page 2 of 2 Item No. 4 waterfront development in Long Beach will necessarily be comparable to the Project in terms of buyer profile. Finally, while the current school fee is in fact $2.24 per square foot, the District wishes to stress that builders will be required to pay the maximum developer fee allowed by law in place at the time building permits are obtained. Thank you again for giving the District the opportunity to submit the preceding comments. If you have any questions or need clarification, please call me at (714) 517 -7549. Sincerely, Tom Rizzuti Facilities Planner Cc: Paul Burkart Gordon Itow S TIanning and DevelopmentWATXAnahaim, City oWanning DepA5 -25 -05 Response to MND Gateway Cenlra.doc Item No. 4 STATE OF CALIFORNIA— BUSINESS. TRANSPORTATION AND HOUSLUG AGENCY ARNOLD SCHW ARZENEGGER, Governor DEPARTMENT OF TRANSPORTATION District 12 3337 Michelson Drive, Suite 380 Irvine, CA 92612 -8894 Tel: (949) 724 -2267 Fax:(949)724 -2592 FAX & MAIL June 8, 2005 Mr. John Ramirez City of Anaheim, Planning Department 200 South Anaheim Boulevard Anaheim, California 92805 \131 <, I� TSI 2 r: JUN 2605 ^ Flex your power! RECEIVED j� e energy efficient! PLANNINCsl 0EPARIMEHI File: IGR/Cte SCH #: 2005051130 Log #: 1557 SR #: PCH Subject: Gateway Center Condominiums, Tentative Tract Map # 16826, The Platinum Triangle Dear Mr. Ramirez, Thank you for the opportunity to review and comment on the Notice of Intent to Adopt a Mitigation Negative Declaration for the Gateway Center Condominiums, The Platinum Triangle. The proposed project is a 5- story, 266 -unit condominium project, located on 2045 State College Boulevard in the City of Anaheim. The nearest state routes to the project site are I- 5 and SR -57. Caltrans District 12 status is a reviewing agency on this project. Due to severe traffic congestion on I -5 and SR -57, Caltrans is concerned with the intensification of land use in the project vicinity and how it may impact the state facilities. Please revise the project traffic study to include the following: 1. Traffic Impact Analysis is required for the SR -57 NB loop on ramps at: Katella - Pre development condition AM and PM peak hour volumes, Post development condition AM and PM peak hour volumes Orangewood - Pre development condition AM and PM peak hour volumes, Post development condition AM and PM peals hour volumes 2. Provide a copy of LOS calculations sheet and assumptions not sununary tables for: Katella at SR -57 SB tangent on — ramp (AM & PM Peak hour volumes) NB loop on — ramp (AM & PM Peak hour volumes) SB tangent off — ramp (AM & PM Peak hour volumes) NB tangent off — amp (AM & PM Peak hour volumes) Orangewood at SR -57 SB tangent on — ramp (AM & PM Peak hour volumes) NB loop on — ramp (AM & PM Peak hour volumes) SB tangent off — ramp (AM & PM Peak hour volumes) NB tangent off — amp (AM & PM Peak hour volumes) "Caltrans improves mobility across California" Item No. 4 3. Provide Queuing analysis (PM Peak) for the off ramp sections for Katella and Orangewood and the reason why Orangewood road segment was not analyzed. 4. All calculations shall be based on Highway Capacity Manual methodologies (HCM), not Intersection Capacity Utilization (ICU) methodology. The computation of the new generated traffic shall be done using the Institute of Transportation Engineering (ITE) data. Please provide detailed information on how the new generated traffic is distributed. Caltrans cannot verify the new generated traffic calculations with Anaheim Traffic Analysis Model (ATAM). The new generated traffic may impact the City of Orange facilities, coordination with the City is recommended. 5. Future Traffic Impacts of the project shall be for year 2025, not year 2007. 6. An additional study for off -ramp storage capacity shall be conducted at State College NB and SB off -ramps using ITE data to check the effect of the proposed project. Please continue to keep us informed of this project and any future developments, which could potentially impact the transportation facilities. If you have any questions or need to contact us, please do not hesitate to call Maryam Molavi at (949) 724 -2267. Sincerely, �VW l Ch / R OBERT F. J SEPH, f IGR/Community Planning Branch C: Terry Roberts, Office of Planning and Research Terri Pencovic, Caltrans HQ IGR/Community Planning Gale McIntyre, Deputy District Director Isaac Alonso Rice, Traffic Operations, North °Callrans iinproves mobility across California" ITEM NO. 1 -A w z z BLOSSOM UN T O�P� RCL 75 -76 -32 (Res. of Int. to RS -7200) RS -2 RCL 2005 -00163 O Q� RM-4 VAR 2005 -04653 R 67 - 6& - 85 TPM 32 0 CUP 10 8 � 15 DU CANT VACANT OQ �" 1 DU U EACH / 26 ' �� 133 - 889'to the centerlirre _ greet �— BURTON ST BURTON ST N ofA er M 775T-76T32 RS-2 FULLERTON CITY LIMITS N rvm RCL- 1 D EACH in (Res of Intent to RS -7200) RCL 56 -57- 1 :] r ANA HEIM CITY, LIMITS RIVERSIDE FREEWAY (SR -91) RS -2 1 DU EACH =: ROSEWOOD AVE RS -2 1 DU EACH RS-2 p 1 DU EACH O O 2 RS-2 RS-2 = J 1 DU EACH 1 DU EACH N U a Gen :5 PINEWOOD AVE MERONA PL ° N V Reclassification No. 2005 -00163 Subject Property Variance No. 2005 -04653 Date: June 27, 2005 Tentative Parcel Map No. 2005 -132 Scale: 1"=200' Requested By: EVART C. FOUNTAIN Q.S. No. 91 RECLASSIFICATION NO. 2005 -00163 - REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE T (TRANSITION) ZONE TO THE RS -2 (RESIDENTIAL, SINGLE - FAMILY) ZONE, OR LESS INTENSE ZONE. VARIANCE NO. 2005 -04653 - REQUESTS WAIVERS OF: (A) MINIMUM LOT WIDTH (B) MINIMUM LOT AREA TO CONSTRUCT FOUR SINGLE - FAMILY RESIDENCES. TENTATIVE PARCEL MAP NO. 2005 -132 - REQUEST TO ESTABLISH A4 -LOT, 4 -UNIT DETACHED SINGLE FAMILY SUBDIVISION. 1400 East Burton Street 1869 Staff Report to the Planning Commission June 27, 2005 Item No. 5 5a. CEQA NEGATIVE DECLARATION (Motion for Continuance) 5b. RECLASSIFICATION NO. 2005 -00163 5c. VARIANCE NO. 2005 -04653 5d. TENTATIVE PARCEL MAP NO. 2005 -132 5e. WAIVER OF COUNCIL POLICY NO. 542 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped property consists of two parcels. Parcel 1 is an irregularly- shaped parcel having a frontage of 133 feet on the south side of Burton Street, a maximum depth of 129 feet and is located 889 feet west of the centerline of Acacia Street. Parcel 2 is an irregularly- shaped parcel having a frontage of 26 feet on the south side of Burton Street, a maximum depth of 129 feet and is located 1022 feet west of the centerline of Acacia Street (1400 East Burton Street). REQUEST: (2) The petitioner requests approval of the following: (a) Reclassification No. 2005 -00163 — to reclassify this property from the T (Transition) zone to the RS -2 (Residential, Single - Family) zone, or less intense zone. (b) Variance No. 2005 -04653 — waivers minimum lot width and minimum lot area (c) Tentative Parcel Map No. 2005 -132 — to establish a 4 -lot, 4 -unit detached single - family residential subdivision. (d) Waiver of Council Policy No. 542 — request to waive Council Policy No. 542 pertaining to sound attenuation for residential projects- BACKGROUND (3) This property is currently vacant resulting from the SR -91 (Riverside) freeway improvements and is zoned T. The City of Anaheim General Plan designates this property for Low Density Residential land uses. Surrounding General Plan land use designations are Low Density Residential in all directions. The applicant states the property was developed with a single - family residence surrounded by other single - family homes and apartments prior to the freeway widening. (4) The applicant, Alan Nguyen, has submitted the attached letter dated June 21, 2005, requesting a continuance to the July 25, 2005, Commission meeting to allow time to submit revised building elevations and to address staff comments- RECOMMENDATION (5) That the Commission, by motion, continue this item to the July 25, 2005, Planning Commission meeting. CONT- RCL2005- 00163CDF 062705.doc Page 1 Attachment - Item No. 5 June 21, 2005 Ms. Cheryl Flores City of Anaheim Planning Department 200 S. Anaheim Boulevard, Suite 162 Anaheim, California 92805 Tel: (714) 765 -5017 Fax: (714) 765 -5280 RE: LETTER OF CONTINUATION 6127/05 Planning Commission Hearings 1400 E. & 13302 W. BURTON STREET ANAHEIM, CA 92805 PARCEL #: 073- 344 -03 & 073 - 344 -17 ZONING: T Dear Ms. Flores: After a careful review of all the recommendations by the staffs in the Interdepartmental Committee Meeting on June 9, 2005, it is not feasible to continue with the scheduled Planning Commission Hearings on June 27, 2005. I am writing to request for a delay of the hearings until July 25, 2005. Hopefully, this will give me enough time to work on the major issues, specifically: - Redesigning of the building elevations - Redesigning of the building tnnnvranl v t al lo:v thr'.�,+ f_ -_. -_ - - -- - -o - - r- a -r• -J b k.) awusn ariu parKing - Resolving the ownership issue, specifically the northern (front) property line in lieu of the Cal Tran Relinquishment. Thank you for your time and consideration. I am looking forward to hearing from you soon. Best regards, / Alan Nguyen 15401 .N monaAoenne. Lawndale CA 90260 Cell• (310) 720-9307 Finaik Haagian . g@aoZcom t d SttiL- 9L9 -OTE uele d64 :Di SO le unr ITEM NO. 1 -A 0ON Pv SP 94-1 RC 61-62-439 SP 94 -1 RCL 61 -62 -69 (63) C. BREWER i CUP 3046(63) CO. 62 69 11oo -65559 l"rol RCL F \ R S COL SP g4.1 RC GUP655511\ L \Np. SMA co? 1 655 CUP6� 62 -69 hot SP 94 -1 RCL 61 -62 -69 (67) RCU CUP 15 CUP S � R '36 V� 5 S� SP 9 6R OV E ST 9L A SP g4555 P \RM CUP G� 322 kUPQ 648 2 pbl UP T.0 CUKWG Cj w rn P� SP 9 691791 61,62' V PR��p 11 G B CE \N p P. SP 9 �qol RCL 61 6\ SP g4.45 VPR 40 O m \ m� SP 94-A 2 CUP � SP g4 69 1 301 RCIC 3238 SP 94 -1 CUP 2819 SP 94 -1 RCL 61 -62 -69 (92) CUP 3401 CUP 2819 RCL 61 Conditional Use Permit No. 4161 Subject Property TRACKING NO. CUP2005 -04991 Date: June 27, 2005 Scale: 1"=200' Requested By: ROBERT L. SEIGMANN TRUST Q.S. No. 149 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO ATIME LIMITATION (APPROVED ON NOVEMBER 8, 1999 TO EXPIRE DECEMBER 31, 2004) TO RETAIN AN OFF -SITE AUTOMOBILE STORAGE AND EMPLOYEE PARKING LOT FOR AN EXISTING AUTOMOBILE AUCTION FACILITY. 1260 North Grove Street 1870 Date of Aerial Photo: May 2002 [e=lf �GTiF.1l�F� �tf i � G1`f GYi TRACKING NO. CUP2005 -04991 Subject Property Date: June 27, 2005 Scale: 1"=200' Requested By: ROBERT L. SEIGMANN TRUST Q.S. No. 149 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TO ATIME LIMITATION (APPROVED ON NOVEMBER 8, 1999 TO EXPIRE DECEMBER 31, 2004) TO RETAIN AN OFF -SITE AUTOMOBILE STORAGE AND EMPLOYEE PARKING LOT FOR AN EXISTING AUTOMOBILE AUCTION FACILITY. 1260 North Grove Street 1870 Staff Report to the Planning Commission June 27, 2005 Item No. 6 6a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) 6b. CONDITIONAL USE PERMIT NO.4161 (Resolution) (Tracking No. CUP2005- 04991) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped 0.95 -acre property has a frontage of 136 feet on the east side of Grove Street, a maximum depth of 322 feet and is located 575 feet south of the centerline of Miraloma Avenue (1260 North Grove Street). REQUEST: (2) The applicant requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on November 8, 1999, to expire on December 31, 2004) to retain an off -site automobile storage and employee parking lot for an existing automobile auction facility under authority of Code Section 18.120.070.050.0502. BACKGROUND: (3) This property is developed with a parking lot, is zoned SP94 -1, DA -2 (Northeast Area Specific Plan, Development Area 2, Expanded Industrial Area) and is located within the Alpha Northeast Project of the Merged Anaheim Redevelopment Area. The Anaheim General Plan designates this property and surrounding properties for Industrial land uses. (4) Conditional Use Permit No. 4161(to establish an off -site automobile storage lot for an existing automobile auction facility, was approved by the Commission on November 8, 1999, to expire in five (5) years, on December 31, 2004. Resolution No. PC99 -194, approving Conditional Use Permit No. 4161, contains the following condition of approval: "1. That subject use permit shall expire on December 31, 2004" DISCUSSION: (5) The applicant and property owner, Gregory R. Siegmann, has submitted a request to retain the off -site automobile storage lot for an existing automobile auction facility. In conjunction with the reinstatement, the applicant requests that Condition No. 1 of Resolution No. PC99 - 194 be amended to allow the permit to be reinstated without a time limit. The applicant intends to continue renting to his tenant, California Auto Dealer Exchange (CADE), located at the southeast corner of Orangethorpe and Tustin Avenues, on a month- to- month basis. The applicant has further indicated that if the current tenant were to vacate the site, the applicant intends to lease the site to a similar auto storage facility. However, Condition No- 4 of Resolution No. PC99 -194 requires that this use operate as an accessory use to the CADE facility. Therefore, any use of this property as an independent auto storage facility would require an amendment to the original conditional use permit. (6) In order to demonstrate that the findings required for the reinstatement of this use have been satisfied, the applicant has submitted the attached "Justification for Reinstatement' which indicates that no aspect of the operation has changed since the original approval of the conditional use permit, that the physical property has remained the same, and that all conditions of approval pertaining to Conditional Use Permit No. 4161 have been satisfied. (7) The Community Preservation Division has submitted the attached memorandum dated June 20, 2005, regarding the current status of the property. The memorandum documents that the applicant is complying with all of the conditions of approval adopted in connection Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 6 (8) With regard to the time limitation, the applicant has been operating the property in compliance with conditions of approval, and therefore, deletion of the time limit is appropriate. Moreover, as conditioned under the original permit, this use can only operate in conjunction with the CADE faculty. As such, any change in this operational restriction would require approval by the Commission. Therefore, staff recommends that the Commission reinstate this permit without a time limit. ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed the proposal to reinstate Conditional Use Permit No. 4161 and finds no significant adverse environmental impacts resulting from any changes to the existing project. Therefore, staff recommends that the previously- approved Negative Declaration in connection with Conditional Use Permit No. 4161 serve as the required environmental documentation for this request upon a finding by the Commission that the Negative 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 (a copy of which is Page 2 with the original approval and that the property is being properly maintained. In addition, Community Preservation records indicate that there are no outstanding complaints pertaining to this property. Staff Report to the Planning Commission June 27, 2005 Item No. 6 available for review in the Planning Department) and any comments received that there is no substantial evidence that the project will have a significant effect on the environment- FINDINGS (10) Before the Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) 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; (c) 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; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit underthe conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. (11) Subsection 18.60.180.030 of the Zoning Code requires that before the Commission grants reinstatement of the approval by extension of any time limitations for an additional period or periods of time, or such time limitation is deleted or modified, the applicant must present evidence to establish the following findings: (a) The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist; (b) The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved; (c) The permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the health and safety; and (d) With regard only to any deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that the periodic review of the use is no longer necessary and /or that it can be determined that, due to changed circumstances, the use is consistent with the City's long -term plans for the area. RECOMMENDATION: (12) Staff recommends that, unless additional or contrary information is received during the hearing, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission aoorove the request for reinstatement without a time limit by adopting the attached resolution including the findings and conditions contained therein. Page 3 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO- 4161, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC99 -194, ADOPTED THEREWITH (1260 NORTH GROVE STREET) WHEREAS, on November 8, 1999, the Anaheim Planning Commission, by Resolution NO.PC99 -194, approved Conditional Use Permit No. 4161 to establish an off -site automobile storage lot at 1260 North Grove Street for an existing automotive auction facility at 1320 North Tustin Avenue (California Auto Dealers Exchange); and WHEREAS, said Resolution No. PC99 -194 includes the following condition of approval: That the subject use permit shall expire on December 31, 2004" . WHEREAS, this property is currently developed with an automotive storage parking lot, the underlying zoning is Development Area 2 "Expanded Industrial Area" of the Northeast Area Specific Plan No- 94-1 -, the Anaheim General Plan designates this property for General Industrial land uses; and WHEREAS, the applicant has requested reinstatement of this conditional use permit and deletion of Condition No. 1 of Resolution No. PC99 -194 pertaining to a time limitation to retain an automobile storage lot for an existing automotive auction facility pursuant to Code Section 18.60 of the Anaheim Municipal Code; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 27, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts 1 - That the existing automotive storage parking lot is one for which a conditional use permit is authorized by the Zoning Code. 2. That the request to retain the automobile storage parking lot will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the facts necessary to support each and every required showing for the original approval exist; and that the size and shape of the site for the automotive storage parking lot is adequate to allow continuation of the use in a manner not detrimental to the particular area nor to the health and safety. 4. That this conditional use permit is being exercised in substantially the same manner and in conformance with all conditions and stipulations originally approved by the Planning Commission and that there are no outstanding site maintenance of Code - related issues for the property. 5. That this conditional use permit is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public health and safety. 6. That with regard to the request to delete the time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that the periodic review of the use is no longer necessary. CR \PC2005 -0 -1- PC2005- 7. That * * ** indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to reinstate this permit and to delete the time limitation to retain an automotive storage parking lot for an existing automobile auction facility; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 4161 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the previously approved Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant reinstatement of Conditional Use Permit No-4161, incorporating conditions of approval contained in Resolution NO.PC99 -194, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the Citizens of the City of Anaheim 1 - That no customers or dealers and no sales or auction activities shall be permitted on this property. 2. That no Special Event Permits shall be permitted for this property. 3. That this automobile storage facility shall be accessory to the primary business, California Auto Dealers Exchange (C.A.D.E.) located at 1320 North Tustin Avenue; and that only automobiles shall be stored on this property. 4. That any gates shall be closed at all times to screen the vehicle storage area, except during the actual ingress and /or egress of vehicles. 5. That the chain -link fence shall be maintained and screened with PVC slats. Said slats shall be maintained in good condition. 6. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 7. That all trees planted on -site shall be replaced in a timely manner in the event that they are removed, damaged, diseased and /or dead. 8. That auto maintenance and repair shall not be permitted, nor shall there be any retail sales or display. 9. That full time twenty four (24) hour security shall be provided on-site- 10 That a maximum of two hundred four (204) vehicles shall be stored on -site, completed screened from any off -site view. 11. That no vehicle transporter trucks (tow trucks excluded) shall be used to transport vehicles to this storage lot. 12. That the subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2 and as conditioned herein. 13. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement- -2- PC2005- BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION /_\N1M&Ii SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 27, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 2005. IN WITNESS WHEREOF, I have hereunto set my hand this day of SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -3- PC2005- 05 -io -2005 08:03am Frcm- T -584 P. 003/004 F -488 0 PETITIONER'S STATEMENT 41 Attachment - Item No. 6 JUSTIFICATION FOR REINSTATEMENT Section 18.60.160 of the Anaheim Municipal Code requires that requests for reinstatements or renewals of a time - limited permit shall be made in writing no later than six (6) months after the expiration date of the permit sought to be reinstated or renewed and must be accompanied by an application form and the required fling fee. 1. In order to reinstate or renew a permit, the facts necessary to support each and every finding for the original approval of the entitlement as set forth in the following excerpts from the Anaheim Zoning Code still exist 18.66.060 (Relative to Conditional Use Permits) Before the approval authority, or City Council on appeal, may approve a conditional use permit, it must make a finding of fact, by resolution, that the evidence presented shows that all of the following conditions is required: .031 That the proposed use is property one for which a conditional use permit Is authorized by this code, or is an unlisted use as defined In subsection ,030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); .032 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; .033 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, .034 That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and .035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. 1 B.74.060 (Relative to Variances) Before any variance may be granted by the approval authority, or City Council on appeal, it shall be shown: .0201 That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; .0202 That because of special circumstances shown in .0201, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zonng classification in the vicinity. 2. Said permit or variance Is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved; 3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land uses, nor to the public peace, health, safety and general welfare; and 4. With regard only to any deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area and that the periodic review of the use in no longer necessary and/or that it can be determined that, due to changed circumstances, the use is consistent with the City's long -term plans for the area. In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer the following questions fully and as complete as possible. Attach additional sheets if additional -apace Is needed. Has any physical aspect of the property for which this use permit or variance been granted changed significantly since the issuance of this use permit or variance? Yes El NoO CUP No, -4161 (over) CASE NO, 05 -10 -2005 00:04am From- T -504 P.004/004 F -488» • • Attachment - Item No. 6 Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance? Yes [] No Q Has any as ect of the nature of the operation changed since the issuance of this use permit or variance? Yes Q No Are the conditions of approval pertaining to the use permit or variance being complied with? Yes X❑ No ❑ If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? YesC .. Explt . . i Tfje applicant for this request Is: X[] Property Owner []Authorized Agent The Siegmann Family Trust Name of Property Owner or Authorized Agent (Please Print) Q T4 Sirl VO 6�A /\ A ,,, .. c rgnat a of 7rty Owner or Au torized Agent ^�O _O�� Date emun appiiwtion.doC W13/04 CUP NQ. - 41 6 1 ; RESOLUTION NO. PC99 -194 0 Attachment - Item No. 6 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4161 BE GRANTED, IN PART, FOR FOUR (4) YEARS TO EXPIRE DECEMBER 31, 2004 WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL NO. 6, IN THE CITY OF ANAHEIM, AS SHOWN ON A MAP RECORDED IN BOOK 69, PAGES 18 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on November 8, 1999 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed use is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.110.070.050.0544 to establish an off -site automobile storage lot for an existing automobile auction facility with waiver of the following: Sections 18.06.040.010 - Off - street Parking and loading requirements 18.06.040.020 and 18.110.070.110 2. That this property is located in Development Area 2 "Expanded Industrial Area' of the Northeast Area Specific Plan No. 94 -1. 3. That the waiver of off street parking and loading requirements is hereby denied on the basis that it was deleted following public notification. 4. That the proposed use, as granted, will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 5. That the size and shape of the site for the proposed use is adequate to allow the full development of the proposal in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 6. That subject to the limitations set forth in the applicant's letter of operation and the conditions imposed herein, the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 7. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 8. That this use, as conditioned, will not have a detrimental impact on the surrounding land uses; and that the outdoor automobile storage will be screened from Grove Street by an 8 -foot high block wall and landscaping. CR3803pk.doc -1- PC99 -194 0 • Attachment - Item No. 6 9. That the size and shape of the property is adequate to allow full development of this proposal in a manner which is not detrimental to the surrounding land uses provided that all of the conditions of approval are complied with. 10. That the Community Development Department has determined that approval of this automobile storage facility on a limited time basis is compatible with the goals of the Alpha Northeast Redevelopment Area. 11. That no one indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal to establish an off -site automobile storage lot at 1260 North Grove Street for an existing automobile auction facility at 1320 North Tustin Avenue (California Auto Dealers Exchange) with waiver of off - street parking and loading requirements on a 0.95 acre irregularly- shaped property having a frontage of 136 feet on the east side of Grove Street, a maximum depth of 292 feet and being located 575 feet south of the centerline of Miraloma Avenue; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning conditions hereby ions which grant be Petition cessary prerequisi prerequisite proposed use of the followin property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the subject use permit shall expire on December 31, 2004. 2. (a) That no customers or dealers shall be permitted on this property; and (b) That no sales or auction activities shall be permitted on this property. 3. That no Special Event Permits shall be permitted at this property. 4. (a) That this automobile storage facility shall be accessory to the primary business, California Auto Dealers Exchange (C.A.D.E.) located at 1320 North Tustin Avenue. (b) That only automobiles shall be stored on this property. 5. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in Grove Street. Installation of any gates shall conform to Engineering Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 6. That any gates shall be closed at all times to screen the vehicle storage area, except during the actual ingress and /or egress of vehicles. 7. That PVC slats shall be interwoven into the chainlink fencing along the north and east property lines where any existing slats are missing or in disrepair. All slats shall be maintained in good condition at all times. The color of the slats shall match or be complimentary to the color of the block wall. 8. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. C R3803P K. DOC -2- PC99 -194 G 4 Attachment - Item No. 6 9. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the most current versions of Engineering Standard Plan Nos. 436 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 10. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 11. That the locations for any future above - ground utility devices including, but not.limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted to the Zoning Division. Said plans shall also identify the specific screening treatment of each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to review and approval by the appropriate city departments. 12. That no signs shall be permitted. 13. That a valid business license shall be obtained from the City Business License Division of the Finance Department. 14. That three (3) foot high street address numbers shall be displayed on an area of the lot not used for the parking of vehicles, as determined by the Community Services Division of the Anaheim Police Department. The numbers shall not be visible to the public street. 15. That the on -site maintenance of automobiles and /or trucks shall not be permitted. 16. That the developer shall submit a Water Quality Management Plan (WQMP) specifically identifying the best management practices that will be used on -site to control predictable pollutants from storm water runoff. The WQMP shall be submitted to the Public Works Department, Development Services Division, for review and approval. 17. That full time twenty four (24) hour security shall be provided on -site. 18. That a maximum of two hundred four (204) vehicles shall be stored on -site, completed screened from any off -site view. 19. That the legal owner of this property shall provide the City of Anaheim with a public utilities easement to be determined as the electrical design is completed. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 20. That any required relocation of city electrical facilities shall be at the developer's expense. 21. That no vehicle transporter trucks (tow trucks excluded) shall be used to transport vehicles to this storage lot. 22. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1, and 2, and as conditioned herein. 23. That a photometric plan shall be submitted for review and approval by the Zoning Division and the Community Services Division of the Anaheim Police Department. 24. That the vines proposed for the decorative block wall adjacent to Grove Street shall be of a non - deciduous variety. 25. That prior to commencement of the activity authorized by this resolution or within a period of three (3) months from the date of this resolution, whichever occurs first, Condition Nos. 5, 7, 9, 13, 14, CR3803PK. DOC -3- PC99 -194 0 Attachment - Item No. 6 16, 19, 22, 23 and 24, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 27. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of November 8, 1999. John Koos CHAIRPERSON PRO TEMPORE, ATTEST: ANAHEIM CITY PLANNING COMMISSION (Original signed by via, ;a,ita Solorio) SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Margarita Solorio, 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 November 8, 1999, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BRISTOL, KOOS, NAPOLES, VANDERBILT, ARNOLD NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOYDSTUN IN WITNESS WHEREOF, I have hereunto set my hand this day of ' 1999. _ - ��.•�� �.� r:i_. sarita Soloriol SECRETARY, ANAHEIM CITY PLANNING COMMISSION C R3803 PK. DOC -4- PC99 -194 Attachment - Item No. 6 MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: June 20, 2005 TO: Della Herrick, Associate Planner FROM: Marti De La Cueva, Community Preservation Officer SUBJECT: CUP Reinstatement at 1260 N. Grove St. I conducted an inspection at the above - referenced location and observed everything to be in compliance of CUP2005- 04991. No violations were observed, however, I discovered that C.A.D.E., the business that leases the property, did not have a current business license for the automobile storage. A Courtesy Notice was issued on June 9, 2005. As of June 20, 2005, a current business license has been obtained. The case has been closed. If you have any questions regarding this matter, please feel free to contact me at extension 4484. ITEM NO. 1 -A MEDICAL OFFICE BUILDING C -G RCL 58 -59-65 CUP 998 VAR 669 CONVALESCENT HOSPITAL DAYRCARE CUP 1194 - U VAR 166 K LA PALMA AVENUE 224 286 1 C -6 x.38 — O.G -64'38 aC� 850 60-81 CL 63 -6436 N R P Zp06 - 04990 CF PCE a�FF B�p6. CUP 701 co GU V 8E0 ss SIQORE P�NOaG FKCNANNF g oNoR E GAR IHIIIU1IR1a RS -2 RCL 89 -90 -C CUP 1660 ADJ 0070 VAR 4035 1 DU EAQH RS- 10,000 CUP 3699 VAR 1830 rw IDrw Conditional Use Permit No- 2005 -04990 -N� N- po G - o � Subject Property Date June 27, 2005 Scale 1"=200' Requested By RICHARD WHITNEY Q -S- No- 61 REQUEST TO CONSTRUCT A NEW AMBULATORY SURGERY CENTER WITH WAIVERS OF (A) MINIMUM FRONT YARD SETBACK (B) MINIMUM NUMBER OF PARKING SPACES 1006 West La Palma Avenue 1871 RS.10,0 E7 W P' PUMP P ND 3T2 1 VPDU�i. 6 RG �U VN P�TUMN UR 12 DU VAR 4272 VAR 1304 RM 4 6 DU vwc iayi VAR 1591 F RCL 52 -53 -15 \ R RCL RM -4 6 DU VAR 68111 9 RCL -13 RM -0 RM -4 I 1 5D U56 _. RM-0 RCL 52 -53-15 Z I B RCL 555613 RCL 51 -52 -11 20 DU MOBILE HOME APTS T PARK U RM-4 8DU CUP 3697 sou I j RM-4 CUP 1057 RM-0 I I IRC e RM -0 � CUP 566 RCL 64-6505 APTS aN VAR 147 APTS LEISURE APTS 3 D ttN 8UD GOURT 26 DU 1 DU RCL 55561 3 NURSING F. RM -4 F. CENTER 0_' RM-4 WR 7 RCL 646565 6DU LU W M -4 RCL 55%46 RCL 55 -5613 APTS APA 8GG Cn RGU7P4419 8 LU (if 8 D F, CUP 1194 RCL 6263 -58 —RM 4 3 Cn RCL 555613, P {194 CU 1194 (7 RCL 686169 W GUP419 pSVC CAL D U RCL 55%%6 1 D K J GUIDANCE 1 DU CENTFR ry RCL 5968 2J�' RCL92 -9368 RCL 767168 m DI MEDICAL RM4 VAR 85 O RCL 596612 m OFFICES'- 10 DU 10 DU DAYRCARE CUP 1194 - U VAR 166 K LA PALMA AVENUE 224 286 1 C -6 x.38 — O.G -64'38 aC� 850 60-81 CL 63 -6436 N R P Zp06 - 04990 CF PCE a�FF B�p6. CUP 701 co GU V 8E0 ss SIQORE P�NOaG FKCNANNF g oNoR E GAR IHIIIU1IR1a RS -2 RCL 89 -90 -C CUP 1660 ADJ 0070 VAR 4035 1 DU EAQH RS- 10,000 CUP 3699 VAR 1830 rw IDrw Conditional Use Permit No- 2005 -04990 -N� N- po G - o � Subject Property Date June 27, 2005 Scale 1"=200' Requested By RICHARD WHITNEY Q -S- No- 61 REQUEST TO CONSTRUCT A NEW AMBULATORY SURGERY CENTER WITH WAIVERS OF (A) MINIMUM FRONT YARD SETBACK (B) MINIMUM NUMBER OF PARKING SPACES 1006 West La Palma Avenue 1871 RS.10,0 E7 W P' PUMP P ND 3T2 1 VPDU�i. 6 RG �U VN P�TUMN UR 12 DU VAR 4272 VAR 1304 RM 4 6 DU RM-4 F RCL 52 -53 -15 \ R RCL 6 DU VAR 68111 , I RC RM -0 RM -4 I RCL 82 -63-22 _. 46 DU RCL 52 -53-15 Z I B RCL 51 -52 -11 MOBILE HOME PARK U RM-4 26 RESIDENTS sou I j I I IRC e RM -0 � FGL I RCL S. APTS aN I [GL5 22 DU ttN I GL6 1 DU U I I K Date of Aerial Photo: May 2002 Conditional Use Permit No. 2005 -04990 Requested By: RICHARD WHITNEY REQUEST TO CONSTRUCT A NEW AMBULATORY SURGERY CENTER WITH WAIVERS OF: (A) MINIMUM FRONT YARD SETBACK (B) MINIMUM NUMBER OF PARKING SPACES 1006 West La Palma Avenue Subject Property Date: June 27, 2005 Scale: 1" = 200' Q.S. No. 61 1871 Staff Report to the Planning Commission June 27, 2005 Item No. 7 7a. CEQA NEGATIVE DECLARATION (Motion) 7b. CONDITIONAL USE PERMIT NO. 2005 -04990 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 0.55 -acre property has a frontage of 286 feet on the south side of La Palma Avenue, a maximum depth of 129 feet, and is located 224 feet east of the centerline of West Street (1006 West La Palma Avenue). REQUEST: (2) The applicant requests approval of a conditional use permit under authority of Code Section 18.08.030.040.0402 to permit an ambulatory surgery center with waivers of the following: (a) SECTION NO. 18.06.060.010.0102 Minimum front yard setback (15 feet required along La Palma Avenue; 12 to 27 feet proposed) (b) SECTION NO. 18.42.040.010 BACKGROUND: Minimum number of parking spaces (41 required based on a parking demand study; 29 provided) (3) This property is currently developed with a vacant office building and is zoned CG (General Commercial. The Anaheim General Plan designates this property and adjacent properties to the north and west for Office — Low land uses. A flood control channel abuts the property to the south and is designated for Water Uses. (4) Variance No. 834 (to construct administrative offices for a Boy's Center) was approved by the Planning Commission in 1957. DEVELOPMENT PROPOSAL (5) The applicant is requesting approval of a conditional use permit to construct an ambulatory surgery facility. The existing office building would be demolished . The site plan (Exhibit No. 1) indicates a new 1 -story 7,700 square foot medical building with a 12 to 27 -foot wide setback from La Palma Avenue, a 1 to 3 -foot wide rear yard setback, and a 30 -foot wide side yard setback (adjacent to the east property line). An emergency electrical generator is proposed on the east side of the building within an enclosed courtyard. (6) The floor plan (Exhibit No. 2) indicates a 7,700 square foot one -story medical building with offices, mechanical room, equipment/storage, lounge, restrooms, three operating rooms, a pre- operating room with four beds and a post- operating room with nine beds. (7) The elevation plan (Exhibit Nos. 3 and 4) indicates an 18- 1 /2foot high office building in a contemporary architectural style with a flat roof, articulated wall surfaces, smooth plaster walls, metal windows, and a metal canopy structure. sr -C UP2005- 04985] n .dm Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 7 (8) Vehicular access to the site would be provided by a proposed driveway along La Palma Avenue. The site plan indicates a total of 29 parking spaces available for this facility. Code requires land uses without a specified Code - required parking ratio to comply with requirements determined to be reasonably necessary by the City Traffic and Transportation Manager through a parking demand study. Based upon comparable medical businesses in the area, the City Traffic and Transportation Manager has determined that the proposed facility would require a minimum of 41 spaces during peak hours on weekdays. (9) The site plan indicates a monument sign within the front setback area along La Palma Avenue. The conceptual sign plan (Exhibit No. 8) indicates a 3 -1/2 foot high monument sign constructed of aggregate concrete and steel letters to match the architecture of the building. Code permits an 8 -foot high monument sign with a maximum sign area of 55 square feet. The plan also shows wall signs on the north and west elevations with 4 to 6 -inch high letters and a logo. Code allows wall signs for advertising, provided that the total area of any such sign shall not exceed ten percent (10 %) of the area of the face of the building to which such sign is attached. Code further provides that the letter height shall not exceed 24- inches for a 1 to 3 story building. Staff is recommending a condition of approval that detailed sign plans be submitted to the Planning Services Division for review and approval prior to the issuance of sign permits. (10) The applicant has submitted a letter of operation indicating the proposed use would be for a facility devoted to outpatient surgery procedures. The hours of operation would be 6 a.m. to 6 p.m., Monday through Friday, with a total of 18 employees per shift. ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed 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- EVALUATION (12) Code permits an ambulatory surgery facility in the CG zone subject to the approval of a conditional use permit. (13) Waiver (a) pertains to minimum front yard setback. Code requires a setback of 15 feet from La Palma Avenue and 12 to 27 feet is proposed. The applicant has submitted the attached justification of waiver form stating that the waiver is being requested due to the physical constraints and irregular shape of the existing property. Staff concurs with this justification based upon the irregular shape and narrow depth of the property. Moreover, the overall average of the front setback exceeds the Code required 15 feet. Therefore, staff recommends approval of this waiver request. sr -C UP2005- 04985] n .dm Page 2 Staff Report to the Planning Commission June 27, 2005 Item No. 7 (14) Waiver (b) pertains to minimum number of parking spaces. The proposed ambulatory surgery center requires a parking demand study to determine the required number of spaces. The applicant submitted a study dated February 28, 2005, prepared by Katz, Okitsu & Associates, Traffic Engineers and Transportation Planners. The study was conducted at three sites that offered comparable medical services in similar commercial zones, with adjustments for operational characteristics and building sizes. The maximum parking demand per this analysis would be 41 stalls during peak weekday hours. The site plan indicates 29 parking stalls would be provided, resulting in a deficiency of 12 spaces. To address the deficiency, the applicant proposes to utilize off -site parking spaces and a shuttle service for employees. Staff recommends approval of this waiver request based upon the findings contained in the parking study. Staff further recommends a condition of approval requiring the applicant to submit a recorded reciprocal parking agreement between the subject medical center property and the off -site property prior to the issuance of building permits. (15) This proposed facility would be located in close proximity to an existing regional hospital (Anaheim Memorial Hospital) and would be an appropriate use for the area. The proposed use would not have an adverse affect on adjoining land uses and the size and shape of the site is adequate to allow the full development of a medical center facility of this size. Therefore, staff recommends approval of this conditional use permit request, subject to the findings and conditions of approval contained in the attached resolution- FINDINGS (16) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any code waiver is to prevent discrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any code waiver is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity. (17) Section 18.42.110.010 of the parking ordinance sets forth the following findings which are required to be made before a parking waiver is approved by the Planning Commission: (a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use; and sr -C UP2005- 04985] n .dm Page 3 Staff Report to the Planning Commission June 27, 2005 Item No. 7 (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use; and (c) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.06.010.020 of this Code); and (d) That the waiver, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for such use; and (e) That the waiver, under the conditions imposed, if any, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any parking waiver pursuant to this Section by the Planning Commission, the granting of any such waiver shall be deemed contingent upon operation of such use in conformance with the assumptions relating to the operation and intensity of the use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions as contained in the parking demand study shall be deemed a violation of the express conditions imposed upon said variance which shall subject said variance to termination or modification pursuant to the provisions of Section 18.60200 of this Code. (18) Before the Planning Commission grants any conditional use permit, it must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) That the proposed use is properly one for which a conditional use permit is authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); (b) 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; (c) That the size and shape of the site proposed for the use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area or to the health and safety; (d) That the traffic generated by the proposed use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area; and (e) That the granting of the conditional use permit underthe conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim. sr -C UP2005- 04985j n .dm Page 4 Staff Report to the Planning Commission June 27, 2005 Item No. 7 RECOMMENDATION: (19) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Commission approve the applicant's request by adopting the attached resolution including the findings and conditions of approval contained therein. sr -C UP2005- 04985] n .dm Page 5 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -04990 BE GRANTED (1006 WEST LA PALMAAVENUE) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as --- LEGAL DESCRIPTION - -- WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 27, 2005, at 2:00 p.m., notice of said hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed conditional use permit; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the proposed ambulatory surgery facility is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.010 with waivers of the following: (a) SECTION NO. 18.06.060.010.0102 Minimum front yard setback. (15 feet required along La Palma Avenue; 12 to 27 feet proposed) (b) SECTION NO. 18.42.040.010 Minimum number of parking spaces (41 required; 29 provided) 2. That the use of the property as an ambulatory surgery facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 3. That the size and shape of the site is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the peace, health, safety and general welfare. 4. That the traffic generated by the proposed use would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting of this conditional use permit, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 6. That * ** indicated their presence at said public hearing in opposition; and that * ** correspondence was received in opposition to the subject petition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to permit an ambulatory surgery center and finds no significant environmental impact and, therefore, recommends that a Negative Declaration be approved upon a finding by the Commission that the Negative Declaration reflects the independent judgment of the lead agency; and that it has considered the proposed 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. . Cr\PC2005 -0 -1- PC2005- NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: That the City of Anaheim Sewer Impact Mitigation fee for the Old Town Basin 8 Area shall be paid. 2. That the developer shall submit a cash payment in an amount determined by the City Engineer sufficient to fund required street widening improvements along La Palma Avenue. The cash payment shall be paid to the Public Works Department, Development Services Division. 3. That the property owner shall submit an application for a Subdivision Map Act Certificate of Compliance to the Public Works Department, Development Services Division. A Certificate of Compliance shall be approved by the City Engineer and recorded in the office of the County Recorder. 4. That a lot line adjustment shall be submitted to the Public Works Department, Development Services Division to merge the existing parcels into one legal lot. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of the County Recorder. 5. That prior to approval of a grading plan, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. 6. That prior to final building and zoning inspections, 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 Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 7. 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. 8. That gates shall not be installed across the driveway in a manner which may adversely affect vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering Standard Plan No. 475 and shall be subject to the review and approval of the City Traffic and Transportation Manager prior to issuance of a building permit. -2- PC2005- 9. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval in conformance with the Engineering Standard No. 115 pertaining to sight distance visibility for the sign orwalltfence locations. 10. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. No compact parking spaces shall be permitted. Subject property shall thereupon be developed and maintained in conformance with said plans. 11. That no required parking area shall be fenced or otherwise enclosed for storage uses. 12. That an on -site trash truck turn around area shall be provided per Engineering Standard Detail No. 476 and shown on plans as required by the Department of Public Works, Sanitation Division. Said information shall be specifically shown on plans submitted for building permits. 13. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted to the Public Works Department, Streets and Sanitation Division for review and approval. 14. That the locations for future above - ground utility devices including, but not limited to, electrical transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on plans submitted for building permits. Plans shall also identify the specific screening treatments of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.) and shall be subject to the review and approval of the appropriate City departments 15. That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 16. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 17. That since this project has landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and comply with City Ordinance No. 5349 and Chapter 10.19 of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 18. That the entire property shall be permanently maintained in an orderly fashion by providing regular landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of occurrence. 19. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and/or dead. 20. That if required by the Urban Forestry Division of the Community Services Department, street trees shall be installed, by the property owner, within the public right -of -way adjacent to La Palma Avenue. The size, type and number of trees shall be provided to the satisfaction of the Urban Forestry Division of the Community Services Department. 21. That all air conditioning apparatus and other roof and ground- mounted equipment shall be properly shielded from view from the public right -of -way. Such information shall be specifically shown on the plans submitted for building permits. 22. That final landscape and fencing plans shall be submitted to the Planning Services Division for review and approval. Said plans shall show minimum 24 -inch box size trees, shrubs, groundcover, and clinging vines to be planted in layers adjacent to La Palma Avenue and vines along any perimeter fencing. Any -3- PC2005- decision made by the staff regarding said plan may be appealed to the Planning Commission as a "Report and Recommendation" item. All trees shall be properly and professionally maintained by the property owner to ensure mature, healthy growth. Such information shall be specifically shown on the plans submitted for building permits. 23. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the windows of nearby residences. Said information shall be specifically shown on plans submitted for building permits. 24. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. Said storage areas shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of plant materials such as minimum 1- gallon size clinging vines planted on maximum 3 -foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 25. That final sign plans shall be submitted to the Planning Services Division for review and approval. The sign plans shall demonstrate compatibility with the design and materials of the medical building. Any decision by staff regarding the sign plan may be appealed to the Planning Commission as a "Reports and Recommendations" item. 26. That an unsubordinated restricted covenant providing for twelve (12) off -site parking spaces, approved by the City Traffic and Transportation Manager and Planning Services Division 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 Services Division, and that the covenant shall be referenced in all deeds transferring all or any part of the interest in the property. 27. That the granting of the parking waiver is contingent upon operation of the use in conformance with the assumptions and /or conclusions relating to the operation and intensity of use as contained in the parking demand study that formed the basis for approval of said waiver. Exceeding, violating, intensifying or otherwise deviating from any of said assumptions and /or conclusions, as contained in the parking demand study, shall be deemed a violation of the expressed conditions imposed upon said waiver which shall subject this permit to termination or modification pursuant to the provisions of Section 18.60200 of the Anaheim Municipal Code. 28. That the owner of the subject property shall submit a letter requesting termination of Variance No. 834 (to construct administrative offices for a Boy's Center) to the Planning Department. 29. That subject property shall be developed substantially in accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 6, and as conditioned herein. 30. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 7, 8, 9, 10, 12, 13, 14, 17, 21, 22, 23, 24, 25, 26 and 29, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. 31. That prior to final building and zoning inspections, Condition Nos. 6, 20, and 31, above - mentioned, shall be complied with. 32. 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- -4- PC2005- BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. AND BE IT FURTHER RESOLVED that the property owner /developer is responsible for paying all charges related to the processing of this discretionary case application within 7 days of the issuance of the final invoice, prior to the issuance of building permits or commencement of activity for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 27, 2005. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION r_\nIx.9i SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 27, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of 1 2005- SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -5- PC2005- ITEM NO. 1 -A mrc /8 18 „P p� / DU ,Y _____ I I 11 I I I I I I I p p l IJAR 2003N / � I � - ¢11 Oam IVARMGa! I I I I I I I I I 4 DU ❑1 1 1 ( ws9z II '' I I I I I I I —I I I--I I 1 I I� RM-44 R 1 -4 o N pl I 1 1 I I I I RCL 56 -57 -83 I I RCL 56 -57 -83 I I 8 DU I 1 I I I `� VAR 2001 -04439 VAR 2001 -04439 VAR 2001 -04426 I I VAR 2001-04426 VAR 2000 -04421 I I VAR 2000 -04421 ❑1 I 4DU I F 1 v Q I m W VAR 4409 VAR 4409 y l I I w I cO I> I 8 DU EACH j 1 8 DU EACH O r� I P�U I K I I I T xl I— 1 Q I ❑ I I— ��oug -1 O I o 1 8DU ITY WELL 1v� ��m I w l I I I I I I o �I 1 8 DU W j 01 1 4 DU IJAR� I x1 I I I aam � I 000� I I I I I I I I ���> I 4DU 1 I 0 I I »> I I I I I I I I DO) AUDRE DRIVE 1232' T T T -CUP 2000 -04223 CUP 2001 -04401 T CUP 4165 T -CUP 2005-04988 4165 T-CUP 2000 -04223 NURSERY CUP 4165 I NURSERY J y_ SOUTHERN CALIFORNIA EDISON COMPANY PROPERTY x U u RS -2 ❑ 1 DU EACH LASTER AVE LU x W U RS-2 W RS-2 1 DU EACH +211 1 DU EACH O K O RS -2 Z Z J KIMBERLY LN KIMBERLY PL RS -2 1 DU EACH 1 DU EACH m 1 DU EACH x vACArvr uxo r 2 m N �o TRENTON DR ° RS 2— Conditional Use Permit No- 4165 Subject Property TRACKING NO- CUP2005 -04988 Date: June 27, 2005 Scale: Graphic Requested By: SOUTHERN CALIFORNIA EDISON COMPANY Q -S- No- 66 REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON DECEMBER 6, 1999 TO EXPIRE DECEMBER 6, 2004) TO RETAIN TELECOMMUNICATION ANTENNAS ON AN EXISTING ELECTRICAL TRANSMISSION TOWER - 1200 -1400 West Audre Drive, 1650 South Ninth Street and 1651 South Walnut Street - Southern California Edison Easement 1872 Staff Report to the Planning Commission June 27, 2005 Item No. 8 8a CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion for Continuance) 8b. CONDITIONAL USE PERMIT NO.4165 (Tracking No. CUP2005- 04988) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped 5.0 -acre property is located on the south side of Audre Drive between Walnut Street and Ninth Street with a frontage of 1,232 feet on the south side of Audre drive, 175 feet on the west side of Walnut Street and 175 feet on the east side of Ninth Street (1200 — 1400 West Audre Drive, 1650 South Ninth Street and 1651 South WalnutStreet — Southern California Edison Easement). REQUEST: (2) The applicant requests reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on December 6, 1999 to expire on December 6, 2004) to retain telecommunication antennas on an existing electrical transmission tower under authority of Code Section Nos. 18.38.060 and 18.14.030.040.0402. BACKGROUND: (3) This property is developed with Edison transmission towers and a plant nursery. This property is zoned T (Transitional). The Anaheim General Plan designates this property for Open Space land uses. (4) The applicant has submitted a request to reinstate Conditional Use Permit No. 4165 to retain the telecommunication facility. In conjunction with the reinstatement, the applicant requests that Condition No. 1 of Resolution No. PC99 -200 be amended to allow the permit to be reinstated for the maximum time allowable. According to the applicant, this facility is an integral part of their wireless system and is needed to ensure adequate service area coverage for customers. (5) The petitioner has submitted the attached letter dated June 10, 2005, requesting a 90 -day continuance to the September 19, 2005, Commission meeting to allow time to address outstanding code violations on the subject property. RECOMMENDATION: (6) That the Planning Commission, by motion, continue this item to the September 19, 2005, Commission meeting, as requested by the petitioner. Srcup2005- 04988cont. Page 1 Attachment - Item No. 8 VelO—C1 10 June 2005 David See City of Anaheim — Planning Department 200 South Anaheim Boulevard Anaheim, CA 92803 Re: CUP 4165 Reinstatement — Continuance Request 1653 South Walnut Street, Anaheim Sprint PCS Site No. OG35XCI88 Disney Hotel Dear David: 4 Please accept this letter as a formal request for a 90 -day continuance of the 27 June 2005 Planning Commission item on the above listed CUP. As you know, the property was recently cited for lack of compliance with the City's landscape standards and refuse maintenance. Unfortunately, the complete resolve of these situations are taking much longer than originally anticipated. I was made aware of the code violation on the property just prior to filing for the reinstatement of the CUP. Since this time, I have seen to it that the site was subject to an "emergency landscape clean up" and have secured bids from local contractors to complete the work necessary to not only bring the site into compliance but to keep it there. As I mentioned earlier, the unfortunate aspect of this being that the time line for the work is much longer than either the City or I would prefer. This; is largely due to the fact that while an irrigation system was installed on the property, a dedicated water meter was not sought. In fact, originally, the nursery tenant on the property had been contracted to provide the water for the irrigation system and also to maintain the plant materials. At some point, the nursery decided to discontinue this arrangement and neither Sprint, Cingular nor SCE were advised of such. At this point, I have been told that establishing a dedicated meter will take upwards of 30 -45 days from the point of application. I estimate that we are approximately 21 days from application. From that point, I have been told the entire installation will take approximately two weeks. As you can see from the timing of my continuance request, it is my hope to NOT appear before the Planning Commission until the property is in compliance. 38077 Fitch Atinnu.- ,Mtte,2GQ,Irvoao @269 --.- -- r: { 9491 4,329 ax; �) t <',' '; Attachment - Item No. 8 In order to demonstrate that while the major work is delayed efforts have been made to clean up the site, please see the following pictures for both "Before" and "After" shots of the landscaped area. I have also included a two pictures taken on the "Before" day to establish that at the times of my site visits, there has not been a noticeable problem with refuse on the site. If additional information will be helpful, do not hesitate to contact me. Thank you for your consideration thus far. I look forward to working with you! Sincerely, \ � � V QQ t Terri Grise: u Land Use Manager VelociTel, Inc. for Sprint PCS Phone: (949) 929 -4829 Email: T.Grisenti(a,velocitel.net enclosure 18071 Fitch Avenue, Ste. 200, irvine, CA 92614 Ph: (949) 929 -4829 Fax: (213)947-1513 Attachment - Item No. 8 18071 Fit Avenue Ste. 200 Irvine CA 92614 Ph: (949( 809 -4999 Fax: _(2 131947-1518 Looking South to Site — Before Looking South to Site —After Attachment - Item No. 8 Refuse Free Landscape Area Refuse Free Equipmew Area Attachment - Item No. 8 Ve!©ciTel Supplemental Materials for Request to Continue CUP -4165 Reinstatement e m 1 8071 Fitch Aven Ste. 200, I rvine . CA 920;14 _ Ph_ 1949) 8094999 Fa L° 13 7.1518 Looking North to Site — Before Looking North to Site —After Attachment - Item No. 8 Looking West to Site—Before Looking West to the Site— ,Vier j Looking West to Site—Before Looking West to the Site— ,Vier ITEM NO. 1 -A i SP 92 -2 i i i CUP 3113 HEIM CONVENTION CUP 2288 CENTER i CUP 2130_ SP922 ANAHEIM HILTON ANAHEIM CONVENTION �!`� $TOWERS CENTER CONVENTION WAY 1]43 SP 92 -2 PR (PUBLIC RECREATION) RCL8 Bt40 CUP20 01 -0 4 329 CUP4065 CUP2245 RCL 666]81 SP 92 -2 RCL 66 -67-61 (44) CUP 3965 CUP 2130 VAR 3891 VAR 2985 S VAR 2962 COAST ANAHEIM HOTEL W ERLAND STAGE REST J I 499' SP 92 -2 RCL 666781 (22) CUP 1101 VAR 26685 VAR2361 S ESP %T4 CLARION HOTEL ; LU J L AGANT O m SP 92 -2 RCL6"74G (0) CUP3666 DAYS VAR 60] O INN [� VACANT Q Variance No. 2005 -04656 Subject Property Date: June 27, 2005 Scale: Graphic Requested By: AMH, LLC Q.S. No. 77 REQUESTS WAIVERS OF MINIMUM NUMBER OF PARKING SPACES (B) MINIMUM INTERIOR STRUCTURAL SETBACK TO CONSTRUCT A 25,000 SQUARE -FOOT BALLROOM ADDITION TO AN EXISTING HOTEL. 700 West Convention Way - Anaheim Marriott Hotel 1874 I EUGENE PL RCL 96 -92221 VAR 3663 RCL 61E2E WANT 61-62-6 FSP 2664 -6 W 68 cuP2634 CUP= RI HM 4 - F m V T 3242 3 66 CUP 1982 BI w RS2 (C1666 N W i DU EACH w (CUP 1.) HCIVJT SP AN VACANT KQ w LAMARK DR S 9T91 RCL90.91 -22 j112 RCL 89- 90.25 _____ `_— RCL P 3217 CUP 3 2943 A ANT VACANT ] RS2 i DU EACH F RS2 CUP CH ry /y Iwurcy rc Iii Variance No. 2005 -04656 Subject Property Date: June 27, 2005 Scale: Graphic Requested By: AMH, LLC Q.S. No. 77 REQUESTS WAIVERS OF MINIMUM NUMBER OF PARKING SPACES (B) MINIMUM INTERIOR STRUCTURAL SETBACK TO CONSTRUCT A 25,000 SQUARE -FOOT BALLROOM ADDITION TO AN EXISTING HOTEL. 700 West Convention Way - Anaheim Marriott Hotel 1874 I J 44: �AW qp 1 Date of Aerial Photo: May 2002 Variance No. 2005 -04656 Subject Property Date: June 27, 2005 Scale: Graphic Requested By: AMH, LLC Q.S. No. 77 REQUESTS WAIVERS OF (A) MINIMUM NUMBER OF PARKING SPACES (B) MINIMUM INTERIOR STRUCTURAL SETBACK TO CONSTRUCT A 25,000 SQUARE -FOOT BALLROOM ADDITION TO AN EXISTING HOTEL. 700 West Convention Way - Anaheim Marriott Hotel 1874 Staff Report to the Planning Commission June 27, 2005 Item No. 9 9a. CEQA ENVIRONMENTAL IMPACT REPORT NO. 313 (Previously- Certified) (Motion) 9b. VARIANCE NO. 2005 -04656 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 13.7 -acre property has a frontage of 1743 feet on the south side of Convention Way, with a maximum depth of approximately 603 feet, and is located approximately 499 feet west of the centerline of Harbor Boulevard (700 West Convention Way - Anaheim Marriott Hotel). REQUEST: (2) Applicant requests a waiver of the following to construct an approximately 25,000 square -foot ballroom addition to an existing hotel: (a) SECTION NO. 18.42.040 Minimum number of parking spaces (1 646 required; 1 337 proposed and recommended by the City Traffic and Transportation Manager) (b) SECTION NO. 18.116.070.090.0903 Minimum interior structural setback (10 foot wide fully landscaped setback required; 11 = 3 feet proposed) BACKGROUND: (3) This property is developed with the Anaheim Marriott Hotel and has been zoned SP92 -2 (Anaheim Resort Specific Plan No. 92 -2) since September 1994. The property is also designated for Commercial Recreation land uses by the City of Anaheim General Plan. The Anaheim General Plan designates properties to the north, east, and west for Commercial Recreation land uses, and properties to the south for Low Density and Medium Density Residential land uses. (4) Master Environmental Impact Report No. 313 (including Mitigation Monitoring Program No. 0085) was certified by the City Council on September 20, 1994, in conjunction with the adoption of the Anaheim Resort Specific Plan. On August 30, 1999, and on September 20, 2004, the Planning Commission determined that no substantial changes had occurred with respect to the circumstances under which Master EIR No. 313 was certified, and that there was no new available material information which was not known and could not have been known at the time Master EIR No. 313 was certified, thereby validating Master EIR No. 313 and the associated Mitigation Monitoring Program No. 0085 for continued use as the environmental documentation required by CEQA for projects within the Anaheim Resort Specific Plan Area. PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) Variance No. 2003 -04551 to retain two wall signs (with waivers of maximum sign area and permitted sign location) was approved by the Planning Commission on March 10, 2003. Swar4656jr.doc Page 1 Staff Report to the Planning Commission June 27, 2005 Item No. 9 (b) Conditional Use Permit No. 2001 -04445 (to permit a temporary tent for convention operations at the Anaheim Marriott with a waiver of minimum number of parking spaces to permit the use of a temporary tent for convention operations at the existing Anaheim Marriott Hotel through December 31, 2002, was approved by the Planning Commission on September 24, 2001. This permit is no longer in use; therefore staff has included a condition of approval requiring the applicant to terminate this entitlement. (c) Conditional Use Permit No. 2001 -04329 (to permit a temporary tent for convention operations at the Anaheim Marriott Hotel from February 28, 2001 through December 31, 2001, with a waiver of minimum number of parking spaces) was approved by the Planning Commission on February 26, 2001. This permit is no longer in use; therefore staff has included a condition of approval requiring the applicant to terminate this entitlement. (d) Special Circumstances Waiver No. 2000 -01 (to permit fourteen Special Event Permits to be issued during the 2000 calendar year to allow a temporary tent to be used for convention - related operations) was approved by the Zoning Administrator on January 27, 2000. On October 23, 2000, the Zoning Administrator subsequently modified the Special Circumstances Waiver to permit additional Special Event Permits to be issued to allow the temporary tent to be used from November 3, 2000 through February 28, 2001). (e) Conditional Use Permit No. 4065 (to permit a temporary tent to be used for convention - related operations from November 1, 1998 through April 30, 1999, with a waiver of the minimum number of parking spaces) was approved by the Planning Commission on September 28, 1998. This permit is no longer in use; therefore staff has included a condition of approval requiring the applicant to terminate this entitlement. (f) Special Circumstances Waiver No. 97 -01 (to permit a total of sixteen Special Event Permits to be issued during the 1997 calendar year to allow a temporary tent to be used for convention - related operations) was approved by the Zoning Administrator on February 27, 1997. (g) Special Circumstances Waiver No. 96 -06 (to permit a total of eight Special Event Permits to be issued during the 1996 calendar year to allow a temporary tent to be used for convention - related operations) was approved by the Zoning Administrator on April 25, 1996. (h) Conditional Use Permit No. 2245 (to permit a 16 -story, 150 -foot high, 300 -room hotel expansion with waiver of minimum number of parking spaces) was approved by the Planning Commission on September 9,1981 - (i) Conditional Use Permit No. 1834 (to permit an 18 —story hotel complex) was approved by the Planning Commission on June 5, 1978. Page 2 Staff Report to the Planning Commission June 27, 2005 Item No. 9 Convention `L Center FA -r Location of New Ballroom campus Aerial view of western portion of Marriott campus PROPOSAL: (6) The applicant proposes to construct an approximately 25,400 square foot ballroom /banquet facility with three additional breakout rooms (2,100 square feet total) and 5,800 square foot outdoor terrace at the northwesterly portion of the Anaheim Marriott campus, adjacent to the Convention Center and Convention Way. The expansion would provide adequate current and future potential capacity for events associated with the hotel and Convention Center activities. As reflected in the list of entitlements (above), the Anaheim Marriott has sought several entitlements for long -term temporary facilities to accommodate convention - related activities. The construction of this expansion would eliminate this need by providing permanent space for such facilities Page 3 F . 'Ai campus Aerial view of western portion of Marriott campus PROPOSAL: (6) The applicant proposes to construct an approximately 25,400 square foot ballroom /banquet facility with three additional breakout rooms (2,100 square feet total) and 5,800 square foot outdoor terrace at the northwesterly portion of the Anaheim Marriott campus, adjacent to the Convention Center and Convention Way. The expansion would provide adequate current and future potential capacity for events associated with the hotel and Convention Center activities. As reflected in the list of entitlements (above), the Anaheim Marriott has sought several entitlements for long -term temporary facilities to accommodate convention - related activities. The construction of this expansion would eliminate this need by providing permanent space for such facilities Page 3 Staff Report to the Planning Commission June 27, 2005 Item No. 9 to (7) The site plan (Exhibit No. 1) indicates the proposed ballroom would be located at the northwest portion of the property adjacent to Convention Way (see photo above). The site plan reflects the existing Anaheim Marriott campus contains a multi -story hotel tower attached to a four -story hotel, two pool areas, several accessory ballrooms and restaurants within a single -story portion of the complex, a five -story parking structure, and associated surface parking lot. (8) The site plan indicates the following proposed building setbacks: Direction Proposed Structural /Landscaped Code - Required Structural/ Landscaped Setbacks Setbacks North adjacent to 40 -55 feet / 20 feet 20 feet/ 20 feet Convention Wa East adjacent to NA NA Clarion Hotel South adjacent to NA NA residential West adjacent to 28.5 feet/ 1 -3 feet ** 10 feet/ 10 feet Convention Wa "Waiver requested in this application Page 4 Staff Report to the Planning Commission June 27, 2005 Item No. 9 (9) Vehicular access to the site is provided via five (5) existing driveways on Convention Way. Plans further indicate a total of 1,337 parking spaces proposed on site. Code requires a minimum of 1,646 spaces based on the following table: Use Square Feet/Room Code Standard Required Parkin Guest Rooms 1,031 rooms 0.8 spaces/Room 825 Meeting Rooms 78,945 sf 8 spaces /1000 sf of gfa 632 Restaurant 20 sf 8 spaces /1000 sf of qfa 160 Retail 2,933 sf 1 space /1000 sf of gfa 3 Em to ees 103 employees 025 space/employee 26 Total 1 646 The site plan further reflects the location of pedestrian accessways and building entrances to minimize conflict between pedestrian and vehicular traffic at times of peak activity. On -site pedestrian access coordinates with existing off -site crosswalks on Convention Way, and meanders within the setback realm to ensure a 90- degree path of travel for pedestrians crossing interior drive aisles, providing direct access into the ballroom main lobby from the Convention Center. Primary vehicle entry would provide approximately 1000 linear feet of queuing area for the existing parking structure (Marriott Way), with a new loading area to accommodate large vehicles (buses) to the east of the main ballroom entrance, and a completely separate hotel valet entrance to eliminate /minimize hotel and convention activity conflicts. The applicant has worked with the Traffic Engineering Division of the Public Works Department to provide for both vehicle and pedestrian safety. The City Traffic and Transportation Manager has reviewed this plan and has approved the proposed vehicle and pedestrian circulation pattern associated with the ballroom expansion. BIRD OPR PARADISI° AINING WALL & K4FFA= WA '(j. _1. 1 (D CRVEWAY OONVBNrION ng of proposed landscape plan along the westerly property line Page 5 Staff Report to the Planning Commission June 27, 2005 Item No. 9 (10) The enlarged site plan and section plan (colored) (Exhibit Nos. 2 and 14) reflect the new ballroom facility would be located at the northwest corner of the site near the Convention Center and adjacent to Convention Way. A three foot wide landscaped setback would be located along the drive aisle adjacent to Convention Way, providing a buffer on grade with the on -site drive aisle (see rendering above). The drive aisle along the entire frontage of the new ballroom would be treated with decoratively scored and colored concrete, with pedestrian areas treated with varied decoratively scored and colored concrete to clearly distinguish the pedestrian pathways. Decorative bollards would flank the drive aisle at the secondary entrance to the ballroom and the pedestrian path to the Convention Center. Palm trees and decorative bollard lighting would run the length of the drive aisle where it turns southwesterly toward the entrance to the parking structure. The drive aisle transitions from at grade along the north side of the ballroom to three to seven feet below grade as it moves toward the parking structure, providing greater relief along this property line. (11) The floor plans and cross - section plans (Exhibit Nos. 3, 4, and 5) indicate a single story (cathedral ceiling) ball room divisible into ten salons, a lobby, restaurant expansion, two restrooms, and a variety of support areas (storage /utilities) on the first floor. The primary entry to the new ballroom would be at the northeast corner of the building facing Convention Way (opposite the Hilton Hotel). The secondary entry would be set at a 45- degree angle at the northwest corner of the ballroom facing the Convention Center across Convention Way. This secondary access would provide more direct access for convention patrons with which the Marriott is involved. The south and west perimeter of the ballroom would also have second - floor activities. An outdoor plaza for gatherings associated with ballroom activity would be located along the westerly portion of the building opposite and facing the Convention Center. There would be two points of exterior access to the plaza as well as stairway and elevator access from the interior. The southern portion of the building's second floor operation would house mechanical /electrical equipment. The interior of the ballroom expansion would be integrated with the existing parking structure and existing hotel lobby — providing seamless access from the parking structure directly into the facility. (12) The elevation plans (Exhibit No. 6) indicate a one and two story structure varying from 14 feet, 4 inches to 38 feet in height. The north elevation (facing Convention Way) would contain a dual - colored exterior plaster finish to match the existing buildings, a curved and flat roof system, pre- finished silver metal trim and panels surrounding both entryways, and a blue green exterior glass running the full height of the building, further enhancing the main entryways and providing a continuity of detail with the Convention Center across the street. A secondary curved roof element above the outdoor plaza would be visible from the north elevation as well. The west elevation would incorporate the same architectural finishes as the north elevation, but with two curved walls at the ends of the second story outdoor plaza, breaking the wall plane on this elevation. The design and articulation of the new ballroom would create a modern ballroom facility with continuity /consistency with the existing buildings on site and in the vicinity. The elevations would be further enhanced with on -site landscaping within 10 -foot wide planter pots colored to match the adjacent pedestrian walkways crossing Convention Way. The existing parking structure has a smooth concrete exterior painted beige, with bougainvillea vine planters interspersed along the elevation. A large portion of the interior of the structure is visible from Convention Way and the Convention Center. No modifications to the existing exterior elevation of the parking structure are proposed. (13) The roof plan (Exhibit No. 7) indicates that all roof - mounted equipment would be entirely enclosed within the building — not visible from public view. The roof plan further reflects a colored gravel roof treatment that incorporates the Marriott logo design utilizing tan, grayish - blue, and lava colored gravel. The northerly portion of the roof would utilize the darker, lava - colored gravel, with the remainder utilizing the other two colors for the design and background. Page 6 Staff Report to the Planning Commission June 27, 2005 Item No. 9 Dark brown barrel standing seamed metal roofs would be placed above the lobby area (adjacent to the existing hotel tower) and a portion of the utility area adjacent to the parking structure. (14) The landscape plan (Exhibit No. 8) provides a subtropical planting scheme that includes a variety of trees including 24 -inch box Crape Myrtle trees and Date Palms, shrubs, flowering plants and ground cover incorporating a layered landscape design in conformance with the Tree Density Standards and Design Guidelines as set forth in the Anaheim Resort Specific Plan, with the exception of the requested landscape setback waiver. A double row of palms and shrubs would be installed along the north and west elevations of the building within the setback areas and immediately adjacent to the exterior building walls to soften the elevation plane and complement the elevation materials. A variety of ground cover would be planted within the setback area along Convention Way, and bougainvillea would clad the building walls on the west elevation near the outdoor plaza, further softening this elevation. A triple row of palms would be located along the westerly elevation, on each side of the drive aisle and against the building wall, to further create a layered landscape theme. The submitted landscape plan did not address the existing landscaped area adjacent to the existing parking structure along the westerly property line. The Code requires parking structures to have a minimum 10 -foot wide landscaped setback adjacent to the perimeter of the structure with a minimum of one (1) twenty -four inch box tree per ten lineal feet (300 feet/10 feet = 30 trees), as well as associated shrubs and ground cover. Staff observed five Mexican Fan Palms (approximately 40 feet in height), shrubs and ground cover in a portion of the area, with the remainder planted with grass. (15) No sign plans were submitted /proposed as part of this request. (16) The letter of operation indicates that the current hours of the facility would not change —the facility may operate 24 hours a day, seven days a week. The letter points out that primary operational hours would be 7 am to 12 am. The letter estimates the facility would require 53 full -time employees with a variety of shifts- EVALUATION (17) The Anaheim Resort Specific Plan permits the development of ballroom/banquet facilities as a permitted accessory use to hotels /motels subject to the Planning Commission's review and approval of a Final Site Plan prior to the issuance of a building permit. Since a variance is being requested, and all of the same plans that would be part of a Final Site Plan have been submitted as part of the variance application, the variance also serves as the Final Site Plan approval. With the exception of the waivers requested as a part of this variance application, the remaining components of the project comply with all provisions of the Anaheim Resort Specific Plan. (18) Waiver (a) pertains to the minimum number of parking spaces. Code requires a minimum of 1 646 spaces for the hotel, banquet hall and other accessory uses and plans indicate 1 337 proposed spaces. The applicant has submitted a parking analysis prepared by Kimley -Horn and Associates, Inc., dated May 2005, to substantiate the requested parking waiver. The City Traffic and Transportation Manager has reviewed the parking analysis and has determined that the proposed parking areas referenced in the study are sufficient for the hotel, ballroom and other accessory uses on the property. Based on the study, the projected parking demand at peak use would be 82% of the parking proposed on site (1,099 spaces of the proposed 1,337 spaces). The City Traffic and Transportation Manager has reviewed this study and has determined that subject to recommended conditions of approval, the actual supply of 1 337 spaces on the property is adequate for the proposed ballroom expansion and existing uses on Page 7 Staff Report to the Planning Commission June 27, 2005 Item No. 9 site. Based upon the City Traffic and Transportation Manager's analysis and recommendation, staff recommends approval of this waiver based on the following findings: "(a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. When the ballroom expansion is complete, the parking supply would be 1,337 parking spaces. The projected future peak demand for existing and proposed uses is forecasted to be 1,099 parking spaces, which constitutes 82% of the future on -site parking supply; therefore, all parking demand would be accommodated on site. (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The parking study indicates that all existing parking demand and future parking demand generated from the proposed project would not increase the demand or competition for on- street parking because the projected future peak demand for existing and proposed uses is forecasted to be 1,099 parking spaces, which constitutes 82% of the future on -site parking supply; therefore, all parking demand would be accommodated on site. Additionally, no public parking is allowed on Convention Way in the immediate vicinity of the Anaheim Marriott. (c) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The parking study indicates the proposed on -site parking area would be sufficient to accommodate the demand of parking generated by the existing and proposed on -site uses; and therefore, would not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the site. (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for such use. The western portion of Anaheim Marriott campus takes access from Convention Way via two driveways and has over 1,000 feet of on -site vehicle stacking for guests who self park within the existing parking structure. The proposed ballroom design indicates large queuing areas to facilitate smooth drop -off and pick -up operation as well as customer valet areas without creating traffic congestion. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Ingress and egress for the site is exclusive to the Anaheim Marriott and does not rely upon or encroach upon access on any adjacent properties. Adequate stacking for vehicles is provided on site, such that vehicles will not back up onto the public street system. The main entry into the parking structure is sufficiently separated from Page 8 Staff Report to the Planning Commission June 27, 2005 Item No. 9 Convention Way, so as to prevent any conflict with the flow of vehicular traffic associated with adjacent uses (The Convention Center and the Hilton Hotel)." (19) Waiver (b) pertains to the minimum interior landscaped setback. Code requires a minimum landscaped setback of 10 feet on all interior property lines. As indicated in the rendering on Page 5, proposed landscaping along the west property line (adjacent to Convention Way) would be 11 = 3 feet in width, not including the adjacent parkway (which is approximately 5 feet in width). This landscaped area, treated with Crape Myrtle Trees and Giant Birds of Paradise shrubs is located three to seven feet below the grade of Convention Way. As indicated in the attached Statement of Justification of Waiver form submitted by the applicant, the existing configuration and orientation of this interior property line is due to the condemnation of a portion of the applicant's property that occurred in October of 2000, to facilitate the expansion of the Anaheim Convention Center. As a further result of this taking, the parking structure servicing the site has an existing one -foot wide landscaped setback along this interior property line. Because of the property's location adjacent to the Convention Center, the site was re- configured along the westerly property line, a special circumstance affecting the property's size and shape, which did not apply to other identically zoned properties in the vicinity. Due to this unique circumstance, staff surveyed the adjacent properties to the north, northeast, and east (Hilton, Coast, and Clarion Hotels) and observed that each of these properties have interior landscape setbacks that vary from zero to six feet in width — not in compliance with the existing Code standard. Because the existing on site landscaping would be enhanced by the proposal, bringing the site into closer conformance with the Code, and that due to the special circumstance created from the reconfiguration of Convention Way, the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity; therefore, staff recommends approval of the requested waiver. View of west elevation of parking structure from Convention Way Page 9 Staff Report to the Planning Commission June 27, 2005 Item No. 9 (20) In evaluating the requested waiver for minimum landscaped setback, staff identified a large portion of the existing parking structure facing the Convention Center that is unarticulated, flat, and relatively unattractive. Along this approximately 300 -foot elevation, there are only five palm trees (on the left side of the photo below); and although there are bougainvillea vines along the elevation, it is otherwise plain in appearance. The Design Plan of the Anaheim Resort Specific Plan indicates parking structures within the Resort should include design elements that make them more attractive (varied colors /textures /materials, vertical elements, use of landscaping). The Code requires parking structures to have a minimum 10 -foot wide landscaped setback adjacent to the perimeter of the structure with a minimum of one, twenty - four inch box tree per ten lineal feet (300 feet/10 feet = 30 trees). Although this is an existing condition, staffs analysis of the waiver takes into account the cumulative impact of the entire property line on adjacent and surrounding properties. Because this portion of the property is highly sensitive and visible from the Convention Center, staff is recommending conditions of approval that would bring this portion of the property into greater conformance with the goals and objectives of the Anaheim Resort Specific Plan and the Zoning Code, as well as provide a consistent, balanced and updated look with the new ballroom and associated landscaping along the entire property line. Staff has included a condition of approval for this waiver requiring that a detailed elevation and landscape plan of the west elevation of the parking structure be submitted that includes the following elements: o The installation of a minimum of twenty -five (25) Phoenix Dactylifera or Washingtonia Robusta palm trees (for a total of thirty), with a minimum 20 -foot brown trunk height (BTH) within the landscaped area adjacent to the westerly elevation of the existing parking structure (see photo below). • The installation of bougainvillea vines at each vertical support of the parking structure. o The installation of a screen wall hedge along the existing wrought iron fence on the westerly property line. o The alternate use of color or materials on the exterior fagade in a manner consistent with the new ballroom. I I 4 0 � 44 View of landscaped area adjacent to the existing parking structure Page 10 Staff Report to the Planning Commission June 27, 2005 Item No. 9 ENVIRONMENTAL IMPACT ANALYSIS: (21) Staff has reviewed the proposal and the applicant's submitted Environmental Information Form (a copy of which is on file and available for public review in the Planning Department), and finds that the proposed project's environmental effects are within the parameters, assumptions and time frames analyzed in the previously - certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. Furthermore, based upon a review of the requested waivers and the supporting documentation, staff finds that said waivers will not result in any new significant environmental impacts. Staff has prepared Mitigation Monitoring Plan No. 069 for the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project (a copy of Mitigation Monitoring Plan No. 069 has been forwarded to the applicant's and is on file and available for public review in the Planning Department). FINDINGS: (22) Section 18.42.110 of the parking ordinance sets forth the following findings which are required to be made before a parking waiver is approved by the Planning Commission: (a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. (f) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. (g) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. (h) That the waiver, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for such use. (i) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Unless conditions to the contrary are expressly imposed upon the granting of any variance pursuant to this section, the granting of the variance shall be deemed contingent upon operation of the proposed use in conformance with the assumptions relating to the operation and intensity of the use as contained in the Parking Demand Study that formed the basis for approval of the variance. Exceeding, violating, intensifying or otherwise deviating from any of the assumptions as contained in the Parking Demand Study shall be deemed a violation of the express conditions imposed upon the variance, which shall subject the waiver to revocation or modification pursuant to the provisions of Section 18.60200 (City- Initiated Revocation or Modification of Permits). (23) When practical difficulties or unnecessary hardships result from strict enforcement of the Zoning Code, a modification may be granted for the purpose of assuring that no property, Page 11 Staff Report to the Planning Commission June 27, 2005 Item No. 9 because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of any variance is to prevent discrimination and none shall be approved which would have the effect of granting a special privilege not shared by other similar properties. Therefore, before any variance is granted by the Commission, it shall be shown: (a) That there are special circumstances applicable to the property such as size, shape, topography, location or surroundings, which do not apply to other identically zoned properties in the vicinity; and (b) That strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity- RECOMMENDATION (24) Staff recommends that, unless additional or contrary information is received during the meeting, and based upon the evidence submitted to the Planning Commission, including the evidence presented in this staff report, and oral and written evidence presented at the public hearing, the Planning Commission approve the applicant's request by adopting the attached resolution including the findings and conditions contained therein. Page 12 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2005 -04656 BE GRANTED (700 WEST CONVENTION WAY) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL 1 IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A PARCEL MAP FILED IN BOOK 153, PAGES 34 AND 35 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM THAT PORTION OF THE LAND CONVEYED TO THE CITY OF ANAHEIM BY THAT CERTAIN JUDGEMENT AND FINAL ORDER OF CONDEMNATION RECORDED MARCH 10, 2000 AS INSTRUMENT NO. 20000128022 WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on June 27, 2005, at 2:00 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. That the petitioner requests the following waivers to construct an approximately 25,000 square -foot ballroom addition to an existing hotel: (a) SECTION NO. 18.42.040 Minimum number of parking spaces (1 646 required; 1 337 proposed and recommended by the City Traffic and Transportation Manager) (b) SECTION NOS. 18.116.070.090.0903 Minimum interior structural setback (10 foot wide fully landscaped required;l = 3 feet proposed) 2. That the above - mentioned waiver (a) pertaining to the minimum number of parking spaces is hereby granted based on the parking analysis prepared by Kimley -Horn and Associates, Inc., dated May 2005, approved by the City Traffic and Transportation Manager determining that the proposed parking areas referenced in the study are sufficient for the hotel, ballroom and other accessory uses on the property. Based on the study, the projected parking demand at peak use would be 82% of the parking proposed on site (1,099 spaces of the proposed 1,337 spaces). The City Traffic and Transportation Manager has reviewed this study and has determined that subject to recommended conditions of approval, the actual supply of 1 337 spaces on the property is adequate for the proposed ballroom expansion and existing uses on site. Based upon the City Traffic and Transportation Manager's analysis and recommendation, this waiver is granted based on the following findings: "(a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street parking spaces to be provided for such use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of such use. cr\PC2005 -0.doc -1- PC2005- When the ballroom expansion is complete, the parking supply would be 1,337 parking spaces. The projected future peak demand for existing and proposed uses is forecasted to be 1,099 parking spaces, which constitutes 82% of the future on -site parking supply; therefore, all parking demand would be accommodated on site. (b) That the waiver, under the conditions imposed, if any, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The parking study indicates that all existing parking demand and future parking demand generated from the proposed project would not increase the demand or competition for on- street parking because the projected future peak demand for existing and proposed uses is forecasted to be 1,099 parking spaces, which constitutes 82% of the future on -site parking supply; therefore, all parking demand would be accommodated on site. Additionally, no public parking is allowed on Convention Way in the immediate vicinity of the Anaheim Marriott. (c) That the waiver, under the conditions imposed, if any, will not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the proposed use. The parking study indicates the proposed on -site parking area would be sufficient to accommodate the demand of parking generated by the existing and proposed on -site uses; and therefore, would not increase the demand for parking spaces upon adjacent private property in the immediate vicinity of the site. (d) That the waiver, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for such use. The western portion of Anaheim Marriott campus takes access from Convention Way via two driveways and has over 1,000 feet of on -site vehicle stacking for guests who self park within the existing parking structure. The proposed ballroom design indicates large queuing areas to facilitate smooth drop -off and pick -up operation as well as customer valet areas without creating traffic congestion. (e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or egress from adjacent properties upon the public streets in the immediate vicinity of the proposed use. Ingress and egress for the site is exclusive to the Anaheim Marriott and does not rely upon or encroach upon access on any adjacent properties. Adequate stacking fro vehicles is provided on site, such that vehicles will not back up onto the public street system. The main entry into the parking structure is sufficiently separated from Convention Way, so as to prevent any conflict with the flow of vehicular traffic associated with adjacent uses (The Convention Center and the Hilton Hotel)." 3. That waiver (b) pertaining to the minimum interior landscaped setback is hereby granted based upon the existing configuration and orientation of the westerly interior property line created as a result of the condemnation of a portion of the petitioner's property to facilitate the expansion of the Anaheim Convention Center. Because of the property's location adjacent to the Convention Center, the site was re- configured along the westerly property line, a special circumstance affecting the property's size and shape, which did not apply to other identically zoned properties in the vicinity and was not under control of the property owner; and -2- PC2005- 4. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity as observed by staffs survey of adjacent properties to the north, northeast, and east (Hilton, Coast, and Clarion Hotels) revealing that each of these properties have interior landscape setbacks that vary from zero to six feet in width — not in compliance with the Code (minimum of 10 feet required). Because the existing on site landscaping would be enhanced by the proposal (as conditioned) bringing the site into closer conformance with the Code, and due to the special circumstance created from the reconfiguration of Convention Way, the strict application of the Zoning Code deprives the property of privileges enjoyed by other properties under identical zoning classification in the vicinity; 5. That the requested variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 6. That " indicated their presence at the public hearing in opposition to the proposal; and that no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Planning Commission has determined that the proposed project's environmental effects are within the parameters, assumptions and time frames analyzed in the previously- certified Environmental Impact Report No. 313 for the Anaheim Resort Specific Plan. Furthermore, based upon a review of the requested conditional use permit and associated waivers, and the supporting documentation, Commission has determined that said request will not result in any new significant environmental impacts and any impacts will be addressed by Mitigation Monitoring Plan No. 069 for the proposed project incorporating those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby grant subject Petition for Variance, upon the following conditions which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the safety and general welfare of the Citizens of the City of Anaheim: 1. That the property owner /developer shall be responsible for compliance with all of the mitigation measures set forth in Mitigation Monitoring Plan No. 069 forthis project which incorporates those mitigation measures included in the Anaheim Resort Mitigation Monitoring Program No. 0085 that are applicable to the project, and for complying with the monitoring and reporting requirements established by the City in compliance with Section 21081.6 of the Public Resources Code. Furthermore, the property owner /developer shall be responsible for any direct costs associated with the monitoring and reporting requirements to ensure implementation of those mitigation measures identified in Mitigation Monitoring Plan No. 069, which is made a part of these conditions of approval by reference. 2. That a detailed elevation and landscape plan of the west elevation of the parking structure shall be submitted that includes the following elements: • The installation of a minimum of twenty -five (25) Phoenix Dactylifera or Washingtonia Robusta palm trees (for at total of thirty), with a minimum 20 -foot brown trunk height (BTH) within the landscaped area adjacent to the westerly elevation of the existing parking structure. o The installation of bougainvillea vines at each vertical support of the parking structure. o The installation of a screen wall hedge along the existing wrought iron fence on the west property line. o The alternate use of color or materials on the exterior fagade in a manner consistent with the new ballroom- -3- PC2005- 3. That prior to final building and zoning inspections, a licensed landscape architect shall provide a letter to the Planning Department certifying that all landscaping and irrigation systems have been installed in accordance with approved landscaping plans. 4. That any tree planted within the Setback Realm shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 5. That a licensed arborist shall be responsible for all tree trimming. 6. That the location, configuration and type of all lighting fixtures including ground- mounted lighting fixtures utilized to accent buildings, landscape elements, or to illuminate pedestrian areas, shall be shown on the plans submitted for building permits. 7. That address numbers shall be positioned so as to be readily readable from the street. Numbers should be illuminated during hours of darkness. Said information shall be specifically shown on plans submitted for building permits. 8. That rooftop address numbers for the police helicopter shall be provided a minimum size of 4' feet in height and 2' feet in width. Numbers should be painted in a contrasting color to the roofing material and shall not be visible from surrounding streets. Said information shall be specifically shown on plans submitted for building permits. 9. That all backflow equipment shall be located above ground outside of the street setback area in a manner fully screened from all public streets. Any backflow assemblies currently installed in a vault shall be brought up to current standards. Any other large water system equipment shall be installed to the satisfaction of the Water Engineering Division in either underground vaults or outside of the street setback areas in a manner fully screened from all public streets and alleys. Said information shall be shown on plans and approved by Water Engineering and Cross Connection Control Inspector before submittal for building permits. 10. That since this project has a common landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19 of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building permits- 11 - That all requests for new water services or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through Water Engineering Division of the Anaheim Public Utilities Department. 12. That all existing water services and fire lines shall conform to current Water Services Standards Specifications. Any water service and /or fire line that does not meet current standards shall be upgraded if continued use is necessary or abandoned if the existing service is no longer needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire line. 13. That prior to submitting water improvement plans; the developer shall submit a water system master plan, including a hydraulic distribution network analysis, for Public Utilities Water Engineering review and approval. The master plan shall demonstrate the adequacy of the proposed on -site water system to meet the project's water demands and fire protection requirements. 14. That water improvement plans shall be submitted to the Water Engineering Division for approval and a performance bond shall be posted in the amount approved by the City Engineer and City Attorney, with the City of Anaheim- -4- PC2005- 15. That prior to application for water meters, fire line or submitting the water improvement plans for approval, the developer /owner shall submit to the Public Utilities Water Engineering Division an estimate of the maximum fire 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 occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations. 16. That two separate connections to the public water main shall be required and that a minimum clearance of five (5) feet from the water main to the curb and gutter and a minimum clearance of ten (10) feet from the water main to the sewer line shall be maintained. Said information shall be specifically shown on plans submitted for Water Engineering Division approval. 17. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department Development Services Division for review and approval a Water Quality Management Plan that: • Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero discharge" areas, and conserving natural areas. • Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area Management Plan. • Incorporates Treatment Control BMPs as defined in the DAMP. • Describes the long -term operation and maintenance requirements for the Treatment Control BMPs. • Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment Control BMPs, and • Describes the mechanism for funding the long -term operation and maintenance of the Treatment Control BMPs. 18. That prior to issuance of certificate of occupancy, the applicant shall: • Demonstrate that all structural BMPs described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. • Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the Project WQMP • Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. • Submit for review and approval by the City an Operation and Maintenance Plan for all structural BMPs. 19. That plans shall be submitted to the City Traffic and Transportation Manager for his review and approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and 470 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 20. That trash storage areas shall be as indicated in the approved exhibits and in accordance with approved plans on file with the Streets and Sanitation Division. Such information shall be specifically shown on the plans submitted for building permits- 21 - That the backflow equipment shall be fully screened from the public right -of -way and adjacent properties. Any modifications to the approved exhibits shall require Planning Services Division and Water Engineering Division approval. Said information shall be specifically shown on plans submitted for building permits- -5- PC2005- 22. That all requests for new water service or fire lines, as well as any modifications, relocations, or abandonment of existing water services and fire lines, shall be coordinated through the Water Engineering Division of the Anaheim Public Utilities Department. 23. That all existing public water facilities shall be protected in place. The contractor performing this work shall be responsible for all costs as a result of any damage or repairs to existing water facilities. 24. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement (dimensions will vary with electrical design) along /across high voltage lines, low voltage lines crossing private property and around all pad mounted transformers, switches capacitors, etc. Said easement shall be submitted to the City of Anaheim prior to connection of electrical service. 25. That a written Solid Waste Management Plan to the Public Works Department for review and approval. The plan shall provide for on site trash truck access, and the construction of a double enclosure and depicting the trash route from the new ballroom to the refuse area. 26. That prior to the issuance of a grading permit, the City of Anaheim Storm Drain Impact and Improvement Fee for the South Central Area shall be paid. The fee is currently $23,342 per net acre for commercial development. 27. That the applicant shall submit a letter requesting termination of Conditional Use Permit No- 2001-04445 (to permit a temporary tent for convention operations at the Anaheim Marriott with a waiver of minimum number of parking spaces); Conditional Use Permit No. 2001 -04329 (to permit a temporary tent for convention operations at the Anaheim Marriott Hotel from February 28, 2001 through December 31, 2001, with a waiver of minimum number of parking spaces); and, Conditional Use Permit No. 4065 (to permit a temporary tent to be used for convention - related operations from November 1, 1998 through April 30, 1999, with a waiver of the minimum number of parking spaces). 28. That the property owner /developer shall comply with Condition Nos. 1, 2, 3, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 41 as set forth in Ordinance No. 5454 adopted by the City Council on September 27, 1994 in connection with the adoption of the Anaheim Resort Specific Plan No. 92 -2; said conditions being incorporated herein by reference as if set forth in their entirety. 29. That the subject property shall be developed substantially in accordance with the plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit Nos. 1 through 17, and as conditioned herein. 30. That prior to issuance of a building permit, or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 6, 7, 8, 9, 10, 13, 14, 15, 16, 19, 20, 21, 24, 25 and 27, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code- 31 - That prior to final building and zoning inspections, Condition Nos. 3, 18, and 28, above - mentioned, shall be complied with. 32. That approval of this application constitutes approval of the proposed request only to the extent that it complies with the Anaheim Municipal Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicants compliance with -6- PC2005- each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in delays in the issuance of required permits or the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of June 27, 2005. 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 SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, Eleanor Morris, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on June 27, 2005, by the following vote of the members thereof: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: IN WITNESS WHEREOF, I have hereunto set my hand this day of ' 2005. SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION -7- PC2005- Attachment - Item No. 9 - 4nM_ Amnon. ANAHEIM 700 West Convention Way, Anaheim CA 92802 714 -750 -8000 Wes Litzinger 20321 SW Birch Street Suite 201 Newport Beach, CA 92660 -1756 Wes, Listed below is the requested information regarding the pre -file application: Complete description: • Anew ballroom will be built adjacent to all the other ballrooms in the hotel. It will be approximately 25,400 square feet divisible into 10 breakout rooms. • 3 additional breakout rooms of varying sizes will be added for a total of approximately 2,100 square feet. • A roof top terrace of approximately 5,800 square feet will be constructed on a portion of the roof. Proposed use: Provide flexibility to have one group in house while another is setting up ortearing down. • The addition will enable the hotel to increase occupancy by 6 points. Currently, it is difficult to sell the hotel when the ballrooms are either being set -up or torn down before or after an in -house convention. • The additional meeting space will also make transitions from large city wide meetings where the convention center is blocked out due to set up or tear down. The space will be used for groups in the following ways: • Meetings — General Sessions and Breakouts • Exhibit space • Meals • Receptions Provide needed break -out meeting space for city wide conventions when Convention Center space is insufficient. • Case in point is NAMM. We met with them last month and they felt they would outgrow the Convention Center soon. The ballroom expansion would give this group more space to work with very close to the Convention Center. The expansion would keep this group in the city longer. • Meeting planners request more breakout space in the Convention Center. The new ballroom could meet some of their needs. When group demand is low, sell local catering functions such as: • Charitable events • Social events • Weddings • Fund Raisers VAR NO. 2005- 04656 Attachment - Item No. 9 Days and hours of operation: • Hours of operations will not change. • The new ballroom maybe used 7 days a week 24 hours a day. • Primary use will be 7:00 AM to 12:00 mid - night. Number of employees per shift: • The number of employees needed per shift is group dependent. We expect that the ballroom will generate 3.4 million in incremental catering sales and 4.5 million in incremental room sales, 1.2 million in other sales for a total of 9.1 million in total sales. These additional sales will compel hiring more employees. We estimate on an annual basis the need of an additional 53 full time equivalent employees to handle the additional workload. If you need anything else let me know. Sincerely, Stephen Montgomery Resident Manager VAR N0. 2005- 04656 Attachment - Item No. 9 SECTION 4 APPLICANT'S STATEMENT OF JUSTIFICATION FOR VARIANCE /CODE WAIVER (NOT REQUIRED FOR PARKING WAIVER) REQUEST FOR WAIVER OF CODE SECTION: M V (A separate statement is required for each Code waiver) PERTAINING TO: 111 1 m il" _Tp Lzr= Ste' d 6r Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the Zoning Administrator or Planning Commission, the following shall be shown: That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, which do not apply to other property under identical zoning classification in the vicinity; and 2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classification in the vicinity. In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully and as completely as possible. If you need additional space, you may attach additional pages. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or surroundings? A Yes _ No. If your answer is "Yes," describe the special circumstances: 5e& At f`jgc=t T7 2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the same zone as your property? A Yes — No If your answer is "yes," describe how the property is different: SEA 3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring properties located within the same zone? < Yes No If your answer if "yes," describe the special circumstances: 5V �P734ctFa~� 4. Were the special circumstances created by causes beyond the control of the property owner (or previous property owners)? )�- Yes —No EXPLAIN �"L i`FEC.[- E70. The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be ap loved whic t would have the effect of granting a special privilege not shared by other property in the same vicinity and zone w i is of erwise expressly authorized by zone regulations governing subject property. Use variances are not permitted. 7ZI0 S ignature of Property O r or Authorized Agent Date CONDITIONAL USE PERMIT/VARIANCE NO, VAR NO. 2005- 04656 Attachment - Item No. 9 Applicant's Statement of Justification for Variance /Code Waiver Attachment to Section 4 1. The interior setback abuts the private portion of Convention way and is on an angle from the Convention Center traffic circle, past the corner of our parking garage — on the property line after a roadway realignment - to the rear yard. Minimum program requirements for a ballroom (rectangular salons with public and service corridors) necessitate pushing the driveway for the parking garage into portions of the interior set back. 2. Most properties maintain interior setbacks common to adjacent interior setbacks and the properties are oriented to the street. The Marriott's interior setback abuts the Convention Center and is oriented to the street as well as the Convention Center. 3. The Hilton does not maintain minimum interior set backs with the Convention Center and the Convention Center does not maintain minimum interior setbacks with the Marriott. 4. In March of 2000 the City of Anaheim obtained .58 acres of the Marriott property, through eminent domain proceedings, for the purpose of realigning the private portion of Convention Way. The property was along the property line interior setback line in question. This involuntary acquisition prevents us from providing the entire interior setback required by code. VAR N®. 2005- 04656 Item No. 9 PARKING STUDY FOR THE ANAHEIM MARRIOTT MEETING ROOM EXPANSION PROJECT IN THE CITY OF ANAHEIM I Prepared for: The Anaheim Marriott Prepared by: Kimley -Horn and Associates, Inc. 2100 W. Orangewood Avenue, Suite 140 Orange, California 92868 May, 2005 VAR NO. 2005- 04656 Item No. 9 PARKING STUDY FOR ANAHEIM MARRIOTT MEETING ROOM EXPANSION PROJECT TABLE OF CONTENTS INTRODUCTION............................................................................................. ..............................1 CITY OF ANAHEIM PARKING REQUIREMENTS ...................................... ..............................1 Required Parking for Existing Site Uses ....................................................... ............................... 5 Required Parking for Proposed Project ......................................................... ............................... 5 OBSERVED PARKING DEMAND ................................................................ ............................... 5 FORECASTED PARKING DEMAND ............................................................ ............................... 8 Estimated Potential Peak Parking for Existing Uses ..................................... ............................... 8 Forecasted Parking Required for Proposed Expansion ................................. ............................... 9 REQUIRED FINDINGS ................................................................................... .............................14 LIST OF FIGURES Figure 1 — Anaheim Marriott Existing Site Plan ............................................... ............................... 3 Figure 2 — Anaheim Marriott Proposed Site Plan .............................................. ..............................4 Figure3 — Parking Areas .................................................................................. .............................10 LIST OF TABLES Table 1 — Summary of Existing and Proposed Uses .......................................... ..............................2 Table 2 — Required Parking for Existing Uses .................................................. ............................... 6 Table 3 — Required Parking for Proposed Uses ................................................ ............................... 7 Table 4 — Summary of Parking Data Collection — Monday ............................ ............................... l I Table 5 — Summary of Parking Data Collection — Tuesday .............................. .............................12 Table 6 — Estimated Parking Requirements for Existing and Proposed Expansion ....................... 13 VAR NQ. 2005 ® 0 4 6 5 6 Item No. 9 PARKING STUDY FOR THE ANAHEIM MARRIOTT MEETING ROOM EXPANSION PROJECT INTRODUCTION This report has been prepared to evaluate parking demand and address the need for a parking variance for the proposed Anaheim Marriott Hotel Meeting Room Expansion Project. The project site is located on the south side of Convention Way, immediately across from the Anaheim Convention Center. The Anaheim Marriott property is comprised of a variety of integrated hotel uses, including hotel rooms, on -site restaurant and coffee shop facilities, meeting room and ballroom facilities, a 5- story parking structure, and surface parking for valet and employees. The applicant proposes to expand the existing facility to provide additional meeting and ballroom space, and a small amount of additional restaurant / retail space. A copy of the existing site plan is provided on Figure 1, and the proposed site plan is shown on Figure 2. A summary of existing and proposed site uses is provided on Table 1. The Anaheim Marriott site currently provides a total of 1,508 parking spaces on site, with 898 spaces in the 5 -story parking structure, and 610 spaces in surface lots on the north, east, and south sides of the hotel and ballroom buildings. All parking in the structure is paid self -park parking, with a ticket and gate arm operation on entry, and a parking attendant taking payments at the exit. The surface parking is currently used for employee and valet parking. The Anaheim Marriott parking supply serves the Marriott site uses, and also, due to its proximity to the Anaheim Convention Center, often provides parking overflow options for attendees of Convention Center functions. With the proposed expansion, modifications throughout the surface and structure parking areas will be made, bringing the site parking total to 1,337 spaces. A parking variance will be needed for the proposed expansion. CITY OF ANAHEIM PARKING REQUIREMENTS The Anaheim Marriott project site contains a variety of hotel uses, as summarized previously on Table 1. The City of Anaheim parking requirements are contained in Chapter 18.42 of the City's Municipal Code, which specifies the City's off - street parking requirements for the various uses found. in a hotel facility. The City's parking code requirements for these uses are as follows: VAR N®. 2005- 04656 Anaheim Marriott Meeting Room Expansion - 1 - May, 2005 Parking Study Item No. 9 TABLE 1 ANAHEIM MARRIOTT SUMMARY OF EXISTING AND PROPOSED USES Use Unit Existing Units Proposed New Units Total Existing + Proposed Guest Rooms Room 1031 0 1031 Meeting Rooms KSF 51.887 27.058 78.945 Restaurant KSF 17.066 2.986 20.052 Retail KSF 2.136 0.797 2.933 VAR N0. 2005- 04656 Anaheim Marriott Expansion -2- May, 2005 Parking Study W 1 0 N O C� CJl i NOT TO SCAL E FIGURE 1 ANAHEIM MARRIOTT EXISTING SITE PLAN FILENAME: PROJECT# /FILENAME DATE CONVENTION WAY -- - -- - - -- - - - - - -- Kimley —Horn and Associates, Inc.l K fD 3 z 0 .7` C ]a :Z7 N d O G.11 1 4.51 m 6�) NOT TO FIGURE 2 ANAHEIM MARRIOTT PROPOSED SITE PLAN FILENAMES PROJECT# /FILENAME DATE Kimley —Horn and Associates, Inc, Item No. 9 Use (Within a Hotel) City of Anaheim Parking Requirement Hotel guest room 0.8 space per guest room Banquet / Meeting Room 8 spaces per 1,000 square feet (KSF) Restaurant' 8 spaces per KSF Take -out Restaurant 5.5 spaces per KSF Retail 1 per KSF Employee working in guest room area 0.25 space per employee Includes full- service, semi- enclosed, walk -up, and fast -food restaurants. Required Parking for Existing Site Uses A summary of the required parking for the existing hotel uses on the Anaheim Marriott site is provided on Table 2. As Table 2 shows, the existing uses within the Anaheim Marriott site require a total of 1,405 parking spaces, based on City of Anaheim parking code. The existing parking supply of 1,508 spaces is currently 103 spaces in excess of the code - required parking. Required Parking for Proposed Project The applicant wishes to modify the existing Anaheim Marriott site to provide an additional 27,058 square feet of meeting room and ballroom space, as well as a small amount of additional restaurant and retail space. The proposed expansion would result in the removal of some surface spaces and parking structure spaces, bringing the site parking total to 1,337 spaces. A summary of the proposed uses and the parking code requirement for the proposed site uses is provided on Table 3. The uses would require a total of 1,646 spaces, based on City of proposed parking Anaheim parking code. The proposed parking supply of 1,337 spaces would result in an overall parking shortfall of 309 spaces. In accordance with Section 18.42.100 of the Municipal Code, a parking variance wile required. OBSERVED PARKING DEMAND Parking demand for the Marriott was surveyed and field visits were conducted to measure the parking demand generated by the existing Anaheim Marriott site uses. Parking data was collected from 9:00 AM to 5:00 PM on Monday, March 14 and Tuesday, March 15, 2005. These two days were selected for data collection because the Marriott was hosting one of their largest conventions -- The Progressive Group Alliance Meeting -- on these two days. At the same time, activity at the Convention Center was light, so that the parking demand observed in the Marriott parking areas is assumed to be almost exclusively Marriott demand, with very little spillover parking from the Convention Center. VAR NO. 2005- 04656 Anaheim Marriott Meeting Room Expansion -5- May, 2005 Parking Study Item No. 9 TABLE 2 ANAHEIM MARRIOTT CODE - REQUIRED PARKING FOR EXISTING USES F7 Use Unit Existing Units Parking Code Required Parking Guest Rooms Room 1,031 0.8 825 Meeting Rooms KSF 51.887 8 415 Restaurant KSF 17.066 8 137 Retail KSF 2.136 1 2 Employees Emp 103 0.25 26 TOTAL 1,405 Existing Parking Supply 1,508 Parking Overage (Shortfall) 103 VAR NO. 2005-04656 Anaheim Marriott Expansion -6- May, 2005 Parking Study Item No. 9 5 TABLE 3 ANAHEIM MARRIOTT CODE - REQUIRED PARKING FOR PROPOSED EXPANSION Use Unit Existing + Proposed Units Parking Code Required Parking Guest Rooms Room 1,031 0.8 825 Meeting Rooms KSF 78.945 8 632 Restaurant KSF 20.052 8 160 Retail KSF 2.933 1 3 Employees Emp 103 0.25 26 TQTA 1,646 Proposed Parkin 1,337 Par �fa e (Shortfall) (309) VAR N0. 2005- 04656 Anaheim Marriott Expansion -7- May, 2005 Parking Study Item No. 9 At the time of the parking counts, 100% of the 51,887 square feet of the Marriott meeting room and ballroom space was used by the Progressive Group Alliance event, and 910 of the 1,031 hotel rooms (88.5 %) were reserved by the vendors and attendees and other hotel guests. At the same time, the Progressive Group Alliance event also booked Hall E (143,000 square feet of exhibit space) at the Convention Center for booth exhibits. For reporting purposes, the Marriott site parking was divided into parking areas, as shown on Figure 3. A summary of the parking counts by area is provided on Table 4 for Monday, and Table 5 for Tuesday. Review of these two tables shows that parking demand for the Marriott peaked at 502 cars on Monday between 1:00 and 2:00 PM, and at 634 cars, between 10:00 and 11:00 AM on Tuesday. The following observations can be made from review of the survey results: • Tables 4 and 5 indicate that the highest parking demand for both days occurred in the parking structure (Parking Area A), with a peak of 431 cars on Tuesday, between 10:00 and 11:00 AM, roughly 50% of the capacity of the structure. 48 spaces in the parking structure will be eliminated with the meeting room expansion project. • Parking Area B, the small surface lot in front of the parking structure is virtually unused, because it is chained off, and not made available for self -park and not used by valet. This parking area contains 35 parking spaces, and will be eliminated with the meeting room expansion project. • The parking demand in the parking area along the back of the site (Parking Area C) was consistently between 50 and 60 vehicles throughout both days, with the demand consisting primarily of delivery vehicles and vendor / participant loading and unloading activity. • The surface parking lot to the east of the hotel (Parking Area D) is currently used for employee and valet parking, and was consistently less than 40% utilized throughout the data collection period. FORECASTED PARKING DEMAND The following analysis effort will be conducted to estimate the potential peak parking demand to be generated by the existing Anaheim Marriott uses, and to forecast the future parking required for the proposed expansion, and finally to evaluate the adequacy of the proposed parking supply. Estimated Potential Peak Parking for Existing Uses First, it is noted that, while the Progressive Group Alliance event booked 100% of the Anaheim Marriott meeting space, the hotel rooms were not fully booked at the time of the parking counts. Of the total 1,031 rooms in the hotel, 910 rooms (88.5 %) were booked. Assuming an additional VAR NO. 2005- 04656 Anaheim Marriott Meeting Room Expansion -8- May, 2005 Parking Study Item No. 9 parking demand for the 121 vacant rooms, based on the City's parking code requirement of 0.8 space per room, an additional 97 spaces would be needed to account for the vacant rooms. Second, it is acknowledged that parking patterns can vary from event to event, depending on the nature of the group, the season, and other variable factors. The Urban Land Institute (ULI) Share Parking document indicates that in the month of March, hotel convention attendance is at 80% of peak activity (which typically occurs in May and June). Although the Marriott meeting space was 100% utilized, and a factor has already been applied to account for the vacant rooms, an additional 20% contingency factor has been added to the observed peak demand for a more conservative estimate. With these two adjustments taken into account, the estimated peak parking required to accommodate the existing Anaheim Marriott site uses is 858 parking spaces, as shown on Table 6. Forecasted Parking Required for Proposed Expansion The proposed new Anaheim Marriott uses (27,058 SF of meeting rooms, 2,986 SF of restaurant, and 797 SF of Business Center) will generate an additional parking demand above and beyond that generated by the existing site uses. Additional parking demand for these uses is forecasted by applying the City parking code, as shown on Table 6. The estimated additional parking required for the proposed expansion would be 241 spaces. When added to the estimated total 858 parking spaces needed for the existing uses, the total forecasted parking required for the proposed Anaheim Marriott expansion would be 1,099 spaces. The proposed parking supply of 1,337 spaces would exceed this projected peak parking demand by 238 spaces. Based on this analysis, it is concluded that observed and forecasted parking demands at the Anaheim Marriott justify the parking variance for 309 parking spaces. VAR NQ. 2005 04656 Anaheim Marriott Meeting Room Expansion -9- May, 2005 Parking Study of N 0 0 8 M I- J NOT TO SCALE �0 / C d� / l CONVENTION WAY -- - - -- � / c , ,� ;EA B AREA A M I � I I -S ANAHEIM MA.10TT ... —I— 1 1 1 I I I I AREA FIGURE 3 PARKING AREAS r r o AREA D ^ Ir- t 1�1 - -1x FILENAME PROJECT # /nLENAME DATE Kimley —Horn and Associates, Inc. '. Z O f0 Item No. 9 TABLE 4 SUMMARY OF ANAHEIM MARRIOTT PARKING DEMAND Monday, March 14, 2005 ' Parking Capacity and Observed Demand, by Parking Area Time of A B C D Total Day 898 1 % used 35 % used 161 % used 414 % used 1508 1 % used 9:00 AM 286 32% 2 6% 50 31% 128 31% 466 31% 10:00 AM 288 32% 2 6% 54 34% 132 32% 476 32% 11:00 AM 298 33% 3 9% 54 34% 134 32% 489 32% 12:00 PM 302 34% 2 6% 56 35% 133 32% 493 33% 1:00 PM 313 35% 0 0% 58 36% 133 32% 504 33% 2:00 PM 306 34% 0 0% 56 35% 140 34% 502 33% 3:00 PM 296 33% 0 0% 56 35% 144 35% 496 33% 4:00 PMJ 287 32% 0 0% 54 34% 139 1 34% 480 32% ' Parking data was collected during the two busiest days of the Progressive Group Alliance Conference, one of the largest events held at the Marriott Hotel and Conference Center. During this event, 88.5% of the hotel rooms were booked, 100% of the hotel meeting space was used, and 143,000 square feet of exhibit hall space was used at the Convention Center. VAR N®. 200 0 Anaheim Marriott Meeting Room Expansion 11 - May, 2005 Parking Study Item No. 9 ' Parking data was collected during the two busiest days of the Progressive Group Alliance Conference, one of the largest events held at the Marriott Hotel and Conference Center. During this event, 88.5% of the hotel rooms were booked, 100% of the hotel meeting space was used, and 143,000 square feet of exhibit hall space was used at the Convention Center. VAR N®. 2005- 04656 Anaheim Marriott Meeting Room Expansion -12- May, 2005 Parking Study TABLE 5 SUMMARY OF ANAHEIM MARRIOTT PARKING DEMAND Tuesday, March 15, 2005 ' Parking Capacity and Observed Demand, by Parking Area Time of A B C D Total Day 898 1 % used 35 % used 161 % used 414 % used 1508 %used 9:00 AM 419 47% 0 0% 58 36% 122 29% 599 40% 10:00 AM 431 48% 0 0% 60 37% 143 35% 634 42% 11:00 AM 426 47% 0 0% 60 37% 128 31% 614 41% 12:00 PM 420 47% 0 0% 59 37% 114 28% 593 39% 1:00 PM 416 46% 0 0% 57 35% 108 26% 581 39% 2:00 PM 414 46% 0 0% 57 35% 118 29% 589 39% 3:00 PMJ 414 1 46% 0 0% 56 35% 125 30% 595 39% 4:00 PMJ 411 1 46% 0 0% 1 56 1 35% 130 31% 597 40% ' Parking data was collected during the two busiest days of the Progressive Group Alliance Conference, one of the largest events held at the Marriott Hotel and Conference Center. During this event, 88.5% of the hotel rooms were booked, 100% of the hotel meeting space was used, and 143,000 square feet of exhibit hall space was used at the Convention Center. VAR N®. 2005- 04656 Anaheim Marriott Meeting Room Expansion -12- May, 2005 Parking Study Item No. 9 TABLE 6 ANAHEIM MARRIOTT ESTIMATED PARKING REQUIREMENTS FOR EXISTING USES AND PROPOSED EXPANSION Proposed New Parking Required Use Unit Units Code Parking Estimated Parking Demand for Existing Marriott uses Observed peak parking demand Guest Rooms (vacant at the time of data collection) Room 121 0.8 97 Total - Existing 858 Additional Parking Required for Proposed Expansion Meeting Rooms ��27.058 8 216 Retail 0.7971 1 1 Total - Proposed Expansion 241_ TOTAL Forecasted Peak Parking Demand V1,099 F�posed�Parking Supply 1,337 . I Forecasted Parking Overage (Shortfall) 238_ U0Q &�� �80� ^ � l,/� � �� ,~�^--- ,"o^" Anahe Marriott Expansion '{3. N1uy.2005 Parking Study Item No. 9 REQUIRED FINDINGS In accordance with the requirements of Section 18.42.110 of the City of Anaheim Municipal Code, the following findings have been made to document the adequacy of the proposed parking supply for the Anaheim Marriott Meeting Room Expansion Project: 1. The variance will not cause fewer off-street parking spaces to be provided for the proposed use than the number of such spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of such use. The Anaheim Marriott site currently provides a total of 1,508 parking spaces. Current peak parking demand is estimated to be 858 spaces (57% of current capacity) on a major event day at the Anaheim Marriott. This estimate includes a 20% contingency above and beyond the observed peak, and an adjustment to account for vacant hotel rooms at the time of the data collection. When the Meeting Room Expansion Project is complete, the parking supply will be 1,337 spaces. With the proposed project, peak parking demand is forecasted to be 1,099 spaces, 82% of the future parking supply. A parking surplus of over 238 spaces during peak Marriott events is forecasted. It is concluded that the parking supply will adequately accommodate the peak parking demand for the proposed Meeting Room Expansion Project. 2. The variance will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. The results of the parking observations indicate that the peak parking demand for the Anaheim Marriott is currently accommodated completely on -site with the existing parking supply, and will continue to be accommodated with the future parking supply. Public parking is not allowed on Convention Way, in the immediate vicinity of the Anaheim Marriott. 3. The variance will not increase the demand and competition far parking spaces upon adjacent private property in the immediate vicinity of the proposed use (which property is not expressly provided as parking for such use under an agreement in compliance with Section 18.42.050.030). The results of the parking observations indicate that the Anaheim Marriott will not depend on an off -site parking supply. In fact, the Anaheim Marriott parking areas often accommodate overflow parking from the Convention Center, in addition to accommodating the parking demands of the Marriott itself. VAR NO. 2005- 04656 Anaheim Marriott Meeting Room Expansion - 14 - Parking Study May, 2005 Item No. 9 4. The variance will not increase traffic congestion within the off - street parking areas or lots provided for such use. The Anaheim Marriott site takes access off Convention Way via numerous driveways. For drivers who self -park in the parking structure, over 1,000 feet of on -site stacking will be provided in advance of the ticket stand. For drivers who use the valet area, a large drop -off and pick -up area and porte- cochere area in front of the hotel lobby is provided. A separate area in front of the meeting and ballroom area provides significant queuing for taxi vehicles. 5. The variance will not impede vehicular ingress to or egress from adjacent properties upon the public street in. the immediate vicinity of the proposed use. Ingress and egress for the Anaheim Marriott is exclusive to the site, and does not rely on or encroach upon access or egress from any other property. Adequate stacking for vehicles is provided on site, such that vehicles will not back up onto the public street system. The main entry and exit to the parking structure is sufficiently separated from Convention Way, so as to not impede the flow of through vehicles on Convention Way destined for the Convention Center or the Hilton Hotel, on the opposite side of the street. VAR N 2005- 04656 Anaheim Marriott Meeting Room Expansion - 15 - May, 2005 Parking Study