PC 2011/06/06City of Anaheim
Planning Commission
Agenda
Monday, June 6, 2011
Council Chamber, City Hall
200 South Anaheim Boulevard
Anaheim, California
Chairman: Stephen Faessel
Chairman Pro-Tempore: Peter Agarwal
Commissioners: Todd Ament, Joseph Karaki, Harry Persaud
Victoria Ramirez, John Seymour
Call To Order -5:00 p.m.
Pledge Of Allegiance
Public Comments
Consent Calendar
Public Hearing Items
Commission Updates
Discussion
Adjournment
For record keeping purposes, if you wish to make a statement regarding any item on the
agenda, please complete a speaker card in advance and submit it to the secretary.
A copy of the staff report may be obtained at the City of Anaheim Planning Department,
200 South Anaheim Boulevard, Anaheim, CA 92805. A copy of the staff report is also
available on the City of Anaheim website www.anaheim.net/planningon Thursday,
June2, 2011, after 5:00 p.m. Any writings or documents provided to a majority of the
Planning Commission regarding any item on this agenda (other than writings legally
exempt from public disclosure) will be made available for public inspection in the
Planning Department located at City Hall, 200 S. Anaheim Boulevard, Anaheim,
California, during regular business hours.
You may leave a message for the Planning Commission using the following
planningcommission@anaheim.net
e-mail address:
APPEAL OF PLANNING COMMISSION ACTIONS
Any action taken by the Planning Commission this date regarding Reclassifications,
Conditional Use Permits, Variances, Public Convenience or Necessity Determinations,
10 days
Tentative Tract and Parcel Maps will be final after Planning Commission action
unless a timely appeal is filed duringthat 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.
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 raisedat 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.
AnaheimPlanning Commission Agenda -5:00 P.M.
Public Comments:
This is an opportunity for members of the public to speak on any item under the jurisdiction of
the Anaheim City Planning Commission or public comments on agenda items with the
exception of public hearing items.
Consent Calendar:
The items on the Consent Calendar willbe 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.
06/06/11
Page 2of 6
Public Hearina Items
ITEM NO. 2
CONDITIONAL USE PERMIT NO. 2010 -05537
VARIANCE NO. 2011 -04843
PUBLIC CONVENIENCE OR NECESSITY NO. 2010 -00074
Request for continuance
to July 6, 2011
(DEV2010- 00177)
Location: 1168 South State College Boulevard
The applicant proposes to establish a nightclub in an
Project Planner:
existing commercial building, to include a Type 48 (Public
David See
Premise) ABC license, sale and consumption of alcoholic
dseeaanaheim.net
beverages, public dancing, cover charge, and live
entertainment with less parking than required by Code.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class 1
(Existing Facilities).
Continued from the January 19, January 31, February 28,
March 28, April 11, and May 9, 2011 Planning Commission
meetings.
06/06/11
Page 3 of 6
ITEM NO. 3
VARIANCE NO. 2011 -04856
(DEV2011- 00051)
Location: 2446 West Orange Avenue
The applicant proposes to construct a freestanding canopy
in conjunction with an existing church facility with a side
yard setback less than required by Code.
Environmental Determination: The proposed action is
Categorically Exempt from the requirement to prepare
additional environmental documentation per California
Environmental Quality Act (CEQA) Guidelines - Class
(Existing Facilities).
Resolution No.
Project Planner:
Scott Koehm
skoehm(cDanaheim. net
Adjourn to Monday, June 20, 2011 at 5:00 p.m.
06/06/11
Page 4 of 6
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
4:30 p.m.June 1, 2011_
(TIME)(DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK
SIGNED:
ANAHEIM CITY PLANNING COMMISSION
The City of Anaheim wishes to make all of its public meetings and hearingsaccessible to
all members of the public. The City prohibits discrimination on the basis of race, color, or
national origin in any program or activity receiving Federal financial assistance.
If requested, the agenda and backup materials will be made available in appropriate
alternative formats to persons with a disability, as required by Section 202 of the
Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132), and the federal rules and
regulations adopted in implementation thereof.
Any person who requires a disability-related modification or accommodation, including
auxiliary aids or services, in order to participate in the public meeting may request such
modification, accommodation, aid or service by contacting the Planning Department either
in person at 200 South Anaheim Boulevard, Anaheim, California, or by telephone at
(714) 765-5139, no later than 10:00 a.m. one business day preceding the scheduled
meeting.
La ciudad de Anaheim desea hacer todas sus reuniones y audiencias públicas accesibles a
todos los miembros del público. La Ciudad prohíbe la discriminación por motivos de raza ,
color u origen nacional en cualquier programa o actividad que reciba asistencia financiera
federal.
Si se solicita, la agenda y los materiales de copia estarán disponible en formatos
alternativos apropiados a las personas con una discapacidad, según lo requiere la Sección
202 del Acta de Americanos con Discapacidades de 1990 (42 U.S.C. Sec. 12132), las
normas federales y reglamentos adoptados en aplicación del mismo.
Cualquier persona que requiera una modificación relativa a la discapacidad, incluyendo
medios auxiliares o servicios, con el fin de participar en la reunión pública podrá solicitar
dicha modificación, ayuda o servicio poniéndose en contacto con la Oficina de Secretaria
de la Ciudad ya sea en persona en el 200 S Anaheim Boulevard, Anaheim, California, o
por teléfono al (714) 765-5139, antes de las 10:00 de la mañana un día habil antes de la
reunión programada.
06/06/11
Page 5of 6
S C H E D U L E
2011
June 20
July 6
(Wed)
July 18
August 1
August 15
August 29
September 12
September 26
October 10
October 24
November 7
November 21
December 5
December 19
06/06/11
Page 6of 6
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City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net
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[DRAFT]ATTACHMENT NO. 2
RESOLUTION NO. PC2011-***
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
DETERMINING THAT A CLASS 1 CATEGORICAL EXEMPTION
IS THE APPROPRIATE ENVIRONMENTAL DETERMINATION
AND APPROVINGVARIANCE NO. 2011-04856
(DEV2011-00051)
(2446 WEST ORANGE AVENUE)
WHEREAS, the Anaheim Planning Commissiondid receive a verified Petition for
Variance for certain real property situated in the City of Anaheim, County of Orange, State of
California shown on Exhibit “A”, attached hereto andincorporated herein by this reference; and
WHEREAS, the petitioner requestsa variance from the side yard setback to construct
a canopyin the Transition(T)zone and the Anaheim General Plan designates this property for Low
Density residential land uses;and
WHEREAS, the Planning Commissiondid hold a public hearing at the Civic Center in
the City of Anaheim onJune 6,2011,at 5:00p.m.,notice of said public hearing having been duly
given as required by law and in accordance with the provisions of the Anaheim Municipal Code,
Chapter 18.60 “Procedures”, to hear and consider evidence for and against said proposed variance
and to investigate and make findings and recommendations in connection therewith; and
WHEREAS, said Planning Commission, after due inspection, investigation and study
made by itself and in its behalf, and after due consideration of all evidence and reports offered at said
hearing, does find and determine the following facts:
1.That the applicant requests to deviate fromthe following to construct a canopy:
SECTION NO. 18.14.100.010Minimum sideyard setback (10feet
required;5-foot, 3-inches to 5 foot, 6-
inches proposed)
2.The requested varianceis hereby approvedbecause there are special circumstances
applicable to the propertypertaining toitsnarrow lot width,legal nonconforming setbacks,and
positioning of the church and residence on the property.This property is 133 feet wide which is
narrow for a “T” (Transition)zonedproperty. There are other Transition zone properties in the area
with greater lot widths.
3.Strictapplication of the Code woulddeprive the property of privileges enjoyed by
other propertiesunder the identical zoning classification in the vicinity.
WHEREAS, the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1(Existing Facilities)as defined in the State CEQA Guidelines,
and is therefore, exempt from the requirement to prepare additional environmental documentation.
-1-PC2011-***
BE IT FURTHER RESOLVED that the Anaheim City Planning Commissiondoes
hereby approveVariance No. 2011-04856subject to the conditions of approval described in Exhibit
“B” attached hereto and incorporated by this reference, which are hereby found to be a necessary
prerequisite to the proposed use of the subject property in order to preserve the health, safety and
general welfare of the Citizens of the City of Anaheim. Extensions for further time to complete
conditions of approval may be granted in accordance with Section 18.60.170 of the Anaheim
Municipal Code. Timing for compliance with conditions of approval may be amended by the
Planning Director upon a showing of good cause provided (i) equivalent timing is established that
satisfies the original intent and purpose of the condition (s), (ii) the modification complies with the
Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward
establishment of the use or approved development.
BE IT FURTHER RESOLVED, that this Varianceis approved without limitations on
the duration of the use.Amendments, modifications and revocations of this permit may be processed
in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City-
Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code.
BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does
hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's
compliance with each and all of the conditions hereinabove set forth. Should any such condition, or
any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent
jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that approval of thisapplication constitutes approval
of the proposed request only to the extent that itcomplies with the Anaheim Municipal Zoning Code
and any other applicable City, State and Federal regulations. Approval does not include any action or
findingsas to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the
final invoiceor 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 6, 2011.
CHAIRMAN, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-2-PC2011-***
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby
certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning
Commissionheld onJune 6,2011, by the following vote of the members thereof:
AYES:COMMISSIONERS:
NOES:COMMISSIONERS:
ABSENT:COMMISSIONERS:
th
IN WITNESS WHEREOF, I have hereunto set my hand this 6day ofJune,2011.
SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION
-3-PC2011-***
-4-PC2011-***
EXHIBIT “B”
VARIANCE NO. 2011-04856
(DEV2011-00051)
REVIEW SIGNED OFF
NO.CONDITIONS OF APPROVAL
BYBY
GENERAL
1The property shall be developed substantially Planning
in accordance with plans and specifications
submitted to the City of Anaheim by the
applicant and which plans are on file with the
Planning Department marked Exhibit No. 1
through 2(Site Plan, Elevation and Floor
Plans) and as conditioned herein.
-5-PC2011-***
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JUSTIFICATION FOR VARIANCE
Under Sections 18.74.060 of the Anaheim Municipal Code requirements, I/we
hereby submit justification for variance for proposed canopylocation and
description as follows:
CanopyLocation: East of canopy - Existing Structure/Building
West of canopy - Existing Fence (along Webster Avenue
North of canopy - Existing covered parking garage
South of canopy - Open parking
CanopyDescription: Proposed canopyis rectangular area with 4 composite
structural steel columns supporting gable roof with its sides
open(inverted V shaperoofwith central single ridge & two
sides slopping along North and South direction.)
Rectangular area measures 60’x26’ at ground level and
60’x29’ @ 13’-3”above ground level. Canopyis open on all
4 sides without any wall or enclosed partition.Roof projects
1’-6” beyond column line along Webster Avenue.
Gayatri Consciousness Center (GCC) located at 2446 W. Orange Ave. Anaheim
CA-92804, is a spiritual center that facilitates prayers, lectures, yoga and
meditation including activities for children andsenior citizens. The center thrives
to server everyone in community regardless of their faith and religious belief.
Individualsfrom neighborhood and faraway places come to enjoy all services,
provided absolutely free. This is the place where everybody is heartily welcome &
encouraged to visit again and again to become more familiar with natural healing
power throughyoga and routine physical exercises.
The current existing building structure does not provide ideal conditions for
outdoor activities like open air meditation, yoga practice and warm-up exercises.
Therefore it is absolutely necessary to have outdoor space with roof on the top,
in place of existing nonfunctional freestanding wooden trellis patio. GCC will
become fullyfunctional with the addition of such usable space. Participantscan
totally enjoy covered yet open-air facility without any direct sun light. It will also
provide place for children to play & gather instead of wondering around in the
parking lot.
Since there is existing open trellis patio, which was originally designed as
outdoor activity space, we are following the same concept, utilizing the same
location for the new canopy, and it is right approach as you wouldsee from site
plan that there is no possibilities to construct proposed canopyat any other
location on site. The proposed canopystructure size is just good enough to meet
our requirements and will remain functional and usable for years to come.
Looking at immediate surroundingsof proposed canopylocationdescribed
earlier (See above-canopylocation), there is no possibilities of
extending/expanding canopyon 3 sides, except side facing Webster Avenueand
more over,the canopyis oriented in such a way that itsroof slopes upward from
side & then downwards as we walk from north towards south along Webster
Avenue. Architecturally,it is our best effort to give feeling of openness to the
canopy structure as viewed directly from street. In other words,the canopyis
transparent, so to speakin nature without adding any obstruction or bulkiness for
the viewers.
Thought there is no properties in vicinity which has the same characteristic as
our building due to its unique feature and function, but the common thing among
the surrounding building is the height. Maximum height of proposed canopy-roof
ridge is 16’-6”above the curb level, which is less than the surrounding buildings,
there by the proposed canopyconstruction will environmentally blend with
harmony to the surrounding same height structures.
Proposed canopyis directly approachable from its sides & from inside existing
building as there is existing fence along Webster Avenue. The fence will
practically stop anybody directly going out on the street and therefore can’t
create excess pedestrian traffic along Webster Avenuesidewalk. The safety of
public & passing by vehicle is at most important factor which has been taken care
by careful planning and designing.
As you wouldnotice from plot plan, due to unusual inward turn of publicside walk
along WebsterAvenuethe plotproperty line is apparently coming close to
existing building rendering practically very little usable areafor development, and
in particular for public purpose building such area is not adequate and unable to
serve its purpose after strictly complying city open space requirement. In order to
create just adequate size usable covered area, the proposed canopyneeds
approval with deficient open space along Webster avenue, The roof overhangs
1’-6” beyond column face, there by the deficiencyof open space from column
faceat street level is 4’-6”, ironically this deficiency is felt only at two lowest
corner of roof, as roof slop upwards and then again downwards as explained
earlier. The orientation of canopyminimizes effect of the deficient open space.
The lowest point of the roof is 13’-3” above curb level, which is high enough
without causing any obstruction or hindrance of any kind.
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City of Anaheim
PLANNING DEPARTMENT
There is no new correspondence
regarding this item.
200 S. Anaheim Blvd.
Suite #162
Anaheim, CA 92805
Tel: (714) 765-5139
Fax: (714) 765-5280
www.anaheim.net