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PC 2005/08/08Anaheim Planning Commission Agenda Monday, August 8, 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 12:30 P.M. • Workshop on Telecommunication Facilities • Staff update to Commission on various City developments and issues (As requested by Planning Commission) • Preliminary Plan Review for items on the August 8, 2005 agenda Recess To Afternoon Public Hearing Session . Reconvene To Public Hearing 2:30 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: plan ningcommission(Wanaheim.net H: \docs \clerical\agendas \080805.doc (08/08/05) Page 1 Anaheim Planning Commission Agenda - 2:30 P.M. Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission or public comments on agenda items with the exception of public hearing items. Consent Calendar: The items on the Consent Calendar will be acted on by one roll call vote. There will be no separate discussion of these items prior to the time of the voting on the motion unless members of the Planning Commission, staff or the public request the item to be discussed and /or removed from the Consent Calendar for separate action. Reports and Recommendations 1A.(a) CEQA Categorical Exemption —Class 21 (b) Conditional Use Permit No. 4090 (Tracking No. CUP2005- 05017) Agent: City of Anaheim, Community Preservation Division, 200 South Anaheim Boulevard, Suite 525, Anaheim CA 92805 Location: 1000 North Edward Court: (Anaheim Hockey Club) Project Planner: Qdadant @anaheim. net) Request to initiate consideration of the revocation or modification of Conditional Use Permit No. 4090 (to permit two indoor roller hockey Q. S. 132 rinks with accessory retail and concession sales in conjunction with an industrial park). IB.(a) CEQA Negative Declaration (Previously- Approved) (b) Conditional Use Permit No. 2002 -04622 (Tracking No. CUP2005- 05011) Agent: Gary Frazier, Acacia Housing Advisors, 6445 Joshua Tree Avenue, Orange, CA 92867 Location: 2748 West Lincoln Avenue: Project Planner: (Lincoln Inn) (dsee @anaheim.net) Request for a retroactive extension of time to comply with conditions of Q S. 20 approval to convert an existing 117 -unit motel to an 84 -unit "affordable" senior citizen's apartment complex- 1 C. (a) CEQA Negative Declaration (Previously- Approved) (b) Conditional Use Permit No. 2003 -04814 (Tracking No. CUP2005- 05005) Agent: Steve Sheldon, Law Office of Steve Sheldon, 660 Newport Center Drive, Suite 950, Newport Beach, CA 92660 Location: 631 South Brookhurst Street: (Orange Central Korean Church) Project Planner: (mnewland @anaheim. net) Request for a retroactive extension of time to comply with conditions of approval for a previously- approved church within an office building. Q. S. 34 H: \docs \clerical \agendas \080805.doc (08/08/05) Page 2 ID. Receiving and approving the Minutes from the Planning Commission Request for Meeting of July 25, 2005 (Motion) continuance to August 22, 2005 7E. Receiving and approving the Minutes from the Planning Commission Request for Meeting of July 27, 2005 (Motion) continuance to August 22, 2005 H: \docs \clerical \agendas \080805.doc (08/08/05) Page 3 2a. CEQA Categorical Exemption —Class 7 2b. Conditional Use Permit No. 2005 -05000 Owner: American Investments /Chino LLC, 312 Broadway, Suite 204, Long Beach, CA 92651 Agent: Serena Elliot, Southern Cal Real Estate, 15901 Red Hill Avenue, Suite 204, Tustin, CA 92780 Location: 440 South Anaheim Hills Road. Property is approximately 10.6 acres, located north and east of the northeast of Nohl Ranch Road and Anaheim Hills Road. Request to permit a retail market (fresh vegetables and fruit) within an existing commercial shopping center. Continued from the July 25, 2005, Planning Commission meeting. Conditional Use Permit Resolution No. 3a. CEQA Exemption Sections 16061(b)(31 and 15301 3b. Zoning Code Amendment No. 2005.00043 City Initiated: City of Anaheim Police Department, Attn: Captain Joe Reiss, 425 South Harbor Boulevard, Anaheim, CA 92805 Location: Citywide. Request to amend Title 4 (Business Regulations) and Title 18 (Zoning) of the Anaheim Municipal Code to establish a definition, permitted locations and regulations for "smoking lounges ". Zoning Code Amendment Resolution No. H: \docs \clerical \agendas \080805.doc Project Planner: (mnewland @anaheim. net) Q.S. 192 Project Planner: (ethien@anaheim. net) Q.S. 108 (08/08/05) Page 4 4a. CEQA Negative Declaration Request for a 4b. Zoning Code Amendment No. 2005.00040 continuance to September 7, 2005 City Initiated: 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. Continued from the June 27, and July 25, 2005, Planning Commission meetings. Zoning Code Amendment Resolution No. Project Planner: a pramirez @anaheim. net) Sa. CEQA Negative Declaration (Previously - Approved) 5b. Conditional Use Permit No. 2001.04347 (Tracking No. CUP2005- 05009) Owner: Stephen B. Wong, White Star Business Park, 1020 North Batavia Street, Suite B, Orange, CA 92867 -5529 Agent: Richard Johnson, AAA Electra 99, 2821 East White Star Avenue, # D, Anaheim, CA 92806 Location: 2861 East White Star Avenue — Unit D. Property is approximately 2.1 acres located at the northeast corner of Blue Gum Street and White Star Avenue. Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation Project Planner: (approved on August 11, 2003 to expire June 19, 2005) to retain a (dherrick @anaheim.net) cooperative art museum, gallery and meeting hall- Q.S. 132 Conditional Use Permit Resolution No. H: \docs \clerical \agendas \080805.doc (08/08/05) Page 5 6a. CEQA Categorical Exemption - Class 1 6b. Conditional Use Permit No. 2004 -04852 (TRACKING NO. CUP2005- 05003) 6c. Determination Of Public Convenience Or Necessity No. 2005 -00021 Request for a continuance to August 22, 2005 Owner: Cedar Mountain, LLC, 110 East Walnut Avenue, Fullerton, CA 92835 Agent: Leon Alexander, Briggs and Alexander, 558 South Harbor Boulevard, Anaheim, CA 92805 Location: 2916 West Lincoln Avenue. Property is approximately 0.7 -acre, having a frontage of 89 feet on the south side of Lincoln Avenue and is located 315 feet east of the centerline of Laxore Street (El Calor Restaurant). Conditional Use Permit No. 2004 -04852 - Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 26, 2004 to expire July 26, 2005) to retain a previously- approved nightclub. Determination of Public Convenience or Necessity No. 2005 -00021 - To permit sales of alcoholic beverages for on- premises consumption within a previously- approved nightclub. Project Planner: Conditional Use Permit Resolution No. (avazquez @anaheim.net) Determination of Public Convenience or Necessity Resolution No. Q.S. 13 7a. CEQA Categorical Exemption — Class 1 7b. Variance No 1229 (Tracking No. VAR2005- 04659) Owner: Gregory Parkin, 2500 West Orangethorpe Avenue # V, Fullerton, CA 92833 Agent: Jim Parkin, Covered Wagon Motel, 823 South Beach Boulevard, Anaheim, CA 92804 Location: 823 South Beach Boulevard. Property is approximately 1.3 acres, having a frontage of 192 feet on the west side of Beach Boulevard and is located 975 feet north of the centerline of Ball Road. Request for reinstatement of this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on May 5, Project Planner: 2003 to expire July 25, 2005) to retain a 70 -unit motel and restaurant. (dsee @anaheim.net) (Covered Wagon Motel). Q.S. 10 Variance Resolution No. H: \docs \clerical\agendas \080805.doc (08/08/05) Page 6 8a. CEQA Negative Declaration 8b. Conditional Use Permit No. 2005 -05002 Owner: Randall J. Smith, 1621 South Euclid Street, Anaheim, CA 92802 Agent: Rob Perez, 19752 Mac Arthur Boulevard, Irvine, CA 92612 Location: 1621 South Euclid Street. Property is approximately 5 acres, having a frontage of 170 feet on the west side of Euclid Street and is located 355 feet south of the centerline of Cris Avenue. Request to permit telecommunications antennas on an existing SCE electrical transmission tower with accessory ground- mounted equipment. Conditional Use Permit Resolution No. Project Planner: (kwong @anaheim.net) Q.S. 50 Adjourn To Monday, August 22, 2005 at 1:00 P.M. for Preliminary Plan Review. H: \docs \clerical \agendas \080805.doc (08/08/05) Page 7 �3�:ilily[aei�N7►N1�1����1►[r I hereby certify that a complete copy of this agenda was posted at: 9:30 a.m. August 4, 2005 (TIME) (DATE) LOCATION: COUNCIL CHAMBER DISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: (Original Signed by Danielle Masciel) 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. H: \docs \clerical \agendas \080805.doc (08/08/05) Page 8 SCHEDULE 2005 August 22 11 September 7 (Wed) 11 11 September 19 11 October 3 October 17 October 31 November 14 November 28 December 12 II December 28 (Wed) II H: \docs \clerical \agendas \080805.doc (08/08/05) Page 9 ITEM NO. 1A MP PVENU� app sPg P • ' ' ' ✓ RG168.6gJ R SUP ' P V PR 4g0 OF' SP 94 -1 DA 1 IND. BLDG. 44 I SP 941 OP 3 1 t15) R RCI� 40492 UP 1 GUP 3g51 I C�P 156 Q_ O V ,Q �P SP 94 -1 U� NORTH AMERICAN I I I ry - [ 049E: k n�Cgrv- TPMNO. 99 -169 OY DA 1 ._ SP 94-1 RCL 70 -71-46 A D -71- 1 T -CUP 2005 -05017 DA 1 RCL 70 47 (21) RCL 87 -88-47 CUP 3453 RCL 68-69 -92 ADJ 0170 RCL 70 -71 -46 RCL70- 71-46(1) T -CUP 2005 -05017 TPM NO. 99 -169 CUP 1631 INDUSTRIAL PARK SP 94 -1 VAR 3857 IND. FIRM DA 5 SMF D. RCL 70 -71 -47 (21) L MIS RCL 68-69 -92 RCL 70-71 -06 (1) CUP 1831 TPM NO. 99-169 VAR 3857 SMALL IND. SP 94-1 DA5 FIRMS SP 94 -1 DA 1 CUP 2003 -04811 IND. BLDG. SP 94 -1 OY DA 1 ._ >N RCL 70-714i RCL 70 -71-46 SP 94 -1 T -CUP 2005 -05017 DA 1 CUP4090 RCL 87 -88-47 CUP 3453 (Res of Intent to ML) ADJ 0170 RCL 70 -71 -46 T -CUP 2005 -05017 (CUP 3005) INDUSTRIAL PARK (CUP 3455) IND. FIRM RIVERSIDE FREEWAY FRONTERA ST T(0) RCL 65 ^ 66 -64 c p RM-4 Conditional Use Permit No. 4090 TRACKING NO- CUP2005 -05017 Requested By: CITY OF ANAHEIM COMMUNITY PRESERVATION DIVISION RCL 70- 71-47 (21) RCL 68 -69 -92 RCL 70 -71 -46(1) O CUP 2006 Q CUP 1831 ♦ VAR 3857 Q �O ♦ SMALL IN N OL♦ ♦ FIRMS Q FR �V ♦ S DA5 SP 94 -1 ZOiVF ♦ IND. BL[ DA1 RCL 70 -71 -46 CUP 4090 RCL 70 -71 -47 (39) CUP 3453 ADJ 0170 AMS SP 94 -1 DA 1 Subject Property Date: August 8, 2005 Scale: 1"=200' Q.S. No. 132 REQUEST TO INITIATE CONSIDERATION OF THE REVOCATION OR MODIFICATION OF CONDITIONAL USE PERMIT NO. 4090 (TO PERMIT TWO INDOOR ROLLER HOCKEY RINKS WITH ACCESSORY RETAIL AND CONCESSION SALES TO BE IN CONJUNCTION WITH AN INDUSTRIAL PARK). 1000 North Edward Court - Anaheim Hockey Club D 1956 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -A 1 -A. REPORTS AND RECOMMENDATIONS a. CEQA CATEGORICAL EXEMPTION —CLASS 21 (Motion) b. CONDITIONAL USE PERMIT NO. 4090 -REQUEST TO INITIATE REVOCATION OR MODIFICATION PROCEEDINGS (Motion) (Tracking No. CUP2005- 05017) SITE LOCATION AND DESCRIPTION (1) This irregularly- shaped, 421 -acre property is located at the terminus of Edward Court, with a frontage of 44 feet on Edward Court, 480 feet southeast of the Centerline of La Palma Avenue (1000 N. Edward Court — Anaheim Hockey Club). REQUEST: (2) This is a City- initiated request (Community Preservation) to consider initiating the revocation or modification of Conditional Use Permit No. 4090 (to permit two indoor roller hockey rinks with accessory retail and concession sales in an industrial park) under authority of Code Section 18.60200. BACKGROUND (3) This property is developed with a roller hockey facility within an industrial park, is zoned SP94 -1, Development Area 1 (Northeast Area Specific Plan — Industrial Area). The Anaheim General Plan designates this property and all surrounding properties for Industrial land uses. (4) Conditional Use Permit No. 4090 (to construct two indoor roller hockey rinks with accessory retail and concession sales in an industrial park) was approved by the Planning Commission on April 12, 1999. Since the approval of this permit, the industrial park has been developed and subdivided into individual parcels with this property under separate ownership from the rest of the industrial park. ENVIRONMENTAL IMPACT ANALYSIS: (5) 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. SR- CUP4090 REV -MOD 8- 8-05.dm Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -A DISCUSSION: (6) Community Preservation staff has submitted a memorandum indicating Code violations on the property relating to landscape maintenance. Initially, the landscaping was poorly maintained with overgrown weeds. However, recent inspections indicate that most of the groundcover is dead, and the landscape area which is visible to the Riverside Freeway is barren with dirt and very little vegetation. The memorandum indicates that multiple attempts have been made to contact the property owner over the span of ten months with no response or action to correct the Code violations. (7) Section 18.60200 of the Zoning Code describes the process for modifying or revoking a permit. The process requires a motion of the Planning Commission to initiate the proceedings. The item is then advertised for public hearing with notice provided to the applicanttpermit 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: (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 Page 2 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -A preserve the integrity and character of the zoning district or to secure the general purposes of the zoning ordinance and the General Plan. (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 meeting, the Commission take the following actions: (a) By motion, determine that this action is Categorically Exempt under CEQA Guidelines Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies). (b) By motion, initiate revocation or modification proceedings for Conditional Use Permit No. 4090 as authorized by Section 18.60200 of the Anaheim Municipal Code. Page 3 Item No. 1 -A MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: JULY 20, 2005 TO: JUDY DADANT, SENIOR PLANNER FROM: MATTHEW D. LETTERIELLO, COMMUNITY PRESERVATION OFFICER SUBJECT: REQUEST FOR MODIFICATION OR REVOCATION OF CONDITIONAL USE PERMIT #4090 PROPERTY LOCATED AT 1000 -1010 NO. EDWARD COURT PROPERTY OWNERS MICHAEL & LYNDA A. HEARN On September 8, 2004, Community Preservation staff received a request for service concerning the poor landscaping /maintenance on the south side of the above location, which abuts the westbound 91 freeway. On September 15, 2004, I went to the location to inspect the property. I found the landscaping was in poor condition. The ground cover was dead or dying and there were weeds and overgrown vegetation. On September 16, 2004, 1 sent a Courtesy Notice to the property owners of record, Michael and Lynda Hearn. The notice advised them of the violations of the Anaheim Municipal Code existing on their property and gave them twenty days to correct or abate them. On September 28, 2004, the Courtesy Notice was returned with a new address for the Hearns. I resent the notice. On October 21, 2004, I went to the location to inspect the property. I found the landscaping was in poor condition. The ground cover was dead or dying and there were weeds and overgrown vegetation. I took photographs (copies attached). On October 22, 2004, I sent a Civil Notice of Violation to the Hearns that advised them of the violations of the Anaheim Municipal Code existing on their property and gave them until November 14, 2004 to correct or abate them. On November 29, 2004, I went to the location to inspect the property. I found the landscaping was in poor condition. The ground cover was dead or dying and there were weeds and overgrown vegetation. I took photographs (copies attached). On November 30, 2004, a Civil Citation was sent to the Hearns that advised them of the violations of the Anaheim Municipal Code existing on their property and gave them until December 29, 2004 to corrector abate them. They were also fined $100.00. On December 30, 2004, I went to the location to inspect the property. I found the landscaping was in poor condition. The ground cover was dead or dying and there were weeds and overgrown vegetation. There had been some re- growth of vegetation, but this was most likely due to the heavy rains. I took photographs (copies attached). On January 5, 2005, a Civil Citation was sent to the Hearns that advised them of the violations of the Anaheim Municipal Code existing on their property and gave them until February 3, 2005 to correct or abate them. They were also fined $200.00. On January 10, 2005, I spoke on the telephone with Ken Murchison of the Anaheim Hockey Club. He said Mr. Hearn had spoken with him about taking care of the landscaping. We discussed in detail what was needed to comply. I also advised Mr. Murchison that I was dealing with him as a courtesy and that Mr. Hearn was the one who would be ultimately be held responsible if the landscaping was not fully restored. Due to the heavy rains, I gave him an additional thirty days to comply. On February 14, 2005, I went to the location to inspect the property. I found the overgrown vegetation had been removed, but the landscaping was still in poor condition. Nearly all of the ground cover was dead or dying. I took photographs (copies attached). On February 15, 2005, a Civil Citation was sent to the Hearns that advised them of the violations of the Anaheim Municipal Code existing on their property and gave them until March 15, 2005 to correct or abate them. They were also fined $500.00. On March 23, 2005, 1 went to the location to inspect the property. I found the landscaping was still in poor condition. Nearly all of the ground cover was dead or dying. The planter areas on the south sides of the buildings were barren dirt, except for the trees. I took photographs (copies attached). On April 1, 2005, a Final Notice of Violation & Order to Comply was sent to the Hearns that advised them of the violations of the Anaheim Municipal Code existing on their property and gave them twenty days to correct or abate them. On June 1, 2005, I went to the location to inspect the property. I found the landscaping was still in poor condition. Nearly all of the ground cover was dead or dying. The planter areas on the south sides of the buildings were barren dirt, except for the trees. I took photographs (copies attached). The Hearns have not contacted me. Due to their refusal to correct the landscaping issues, I request they be brought in before Planning Commission for possible modification or revocation of their Conditional Use Permit #4090. MnL 1000 n edwazd ct cup memo.doe Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http:/ /insider / planning /code _ enf /cod_V i ewPicsPage .asp ?200409 15 1515489620 Page 3 of 3 Item No. 1 -A O 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I090 Follow -up Insp 30 -day Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http:// insider / planning /code _ enf /cod_V iewPi csPage.asp ?2004 1 021 1 648 1 3295 0 Page 2 of 3 Item No. 1 -A 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I200 Civil Notice 30 day Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http:/ /insider /planning /code _ enf /cod_ V iewPicsPage .asp ?200412301307417650 Page 4 of 6 Item No. 1 -A 0 r. 7 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I250 Civil Cite 30 Comp Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http:/ /insider /planning /code _ eTif /cod ViewPicsPage .asp ?200412301307417650 Page 5 of 6 Item No. 1 -A 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I250 Civil Cite 30 Comp Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http: // insider /planning/ code_enf /cod_V iewPicsPage. asp ?200412301310275000 Page 2 of 4 Item No. 1 -A 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I200 Civil Notice 30 day Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http: // insider /planning /code _ enf /cod_V iewPicsPage.asp ?200412301310275000 Pace 4 of 4 Item No. 1 -A FQ T to 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I200 Civil Notice 30 day Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http: / /insider /planning/ code_enf /cod_V iewPi csPage. asp ?2005 02 14093 05 142 10 Page 1 of 6 Item No. 1 -A 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I200 Civil Notice 30 day Fallow -up Tidemark Case COD2004 -203 80 City of Anaheim Code Enforcement Department http: // insider /planning /code _ enf /cod_V iewPicsPage .asp ?2005 021 409305 142 10 Page 3 of 6 Item No. 1 -A m w s : 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I200 Civil Notice 30 day Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http: // insider , /planning /code _ enf /cod_V iewPiesPage. asp Pal,C � ol'6 Item No. 1 -A 2 m 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I200 Civil Notice 30 day Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http: // insider / planning /code _ enf /cod_V iewPic -Page .asp ?200502140930514210 Page 6 of 6 Item No. 1 -A 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I200 Civil Notice 30 day Follow -up Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department Page 1 of 3 http:/ /insider /planning/code enf /cod_ViewPiesPage .asp ?200503231400374270 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A 1090 Fallow -up Insp 30 -day Tidemark Case COD2004 -20380 City of Anaheim Code Enforcement Department http: % /insider /planning/ code_enf /cod_ViewPicsPage.asp ? 200503231400374270 Page 3 of 3 Item No. 1 -A 6/30/2005 Case: COD2004 -20380 Addr: 1000 N EDWARD CT Name: HEARN MICHAEL A I090 Follow -up Insp 30 -day ITEM NO. 1A (Res RCL 59-60-62200) RCL 65 -66 -117 RCL 65 -66 -117 ? CUP 1577 RCL 56 -57-41 RCL 56 -57 -41 W A VAR 1796 VAR 1796 VAR 2232 68 DU 68 DU z w FAI MANOR F- RETIREMENT CENTER O I w ' of U Q RCL 64 -65 -06 C -G W • RCL 56 -57 -15 RCL 59$$2 0 C -G U) C -G C -G Z0- z Z CUP 2695 CUP 495 RCL 56 -57-41 U RCL 56 -57-41 RCL -41 W O CUP 918 VAR 11 S CUP 2220 CUP 910 CUP 3690 = O S.S. & CONY. MKT. LINCOLN -DALE VAR 3702 RESTAURANT AUTO LU j PLAZA SHOPPING CTR. SMALL SHOPS > SMALL SHOPS CAR WASH O LIQUOR STORE U) co LINCOLN AVENUE I � 670' _I_ 125'4--1 VAR 2812 I C4; OCT G (MHP) CUP C-G C-G 6364 -100 RCL 2002 N577 OCT OCT GUP4111 6081 -107 CUP FARMER BOYS 71- 72-080 -53 T 8 59 CUP29W GUP2765 2004-09830 MOBILE GUP2033 i p m� CUP340 ANAHEIM CUP1292 HOME CUP246 VAR 2043 O BOB S NATIONAL PARK A GO W BURGERS INN BUDDH ST U N W oo W RCL636480 HOME TEMPLE HOME PARK C8 N FoofD Ni U OCT 6081 -12 RS -A- RCL 6667 -30 ¢ tr NoW SHOPS Z 43,000 T -CUP 2005 RM-4 W (MHP) 56 011 RCL 86 -87 -32 Z }� a UQ-Z _ -4 > UP 2648 TLUP2003- RCL 56 -57 -62 E E W O 84 -85 -23 Q VAR 7870 043 VAR 3654 0 U) FL 1 DU C HARBOR IM-0 W TLUP2w1 VILLAGE Z 3 4-85-23 J -04310 APTS. ma 23459 CUP 1043 111 DU t N VA W RCL 3) -28 (CUP356) CUP 2033 LINCOLN ¢ M -3 CUP 35 MOTEL 16691 WESTERN SKIES 04 -00123 MOBILEHOME ESTATES SEVEN - 1004-04893 04 -04856 ELEVEN DU TRAVEL TRAILER PARK RS -A- RM-4 43,000 L 81 -82 -18 . 1 D U_ ' 16 DU 16 DU T(MHP) RCL 87 -88-43 T RCL 88 -89-49 CUP 3059 VACANT VAR 3772 CARBON CREEK CHANNEL RS -2 VAR 1978 RS -2 1 U EACH 1 DU EACH T SOUTHERN CAI TOLAAVE TO LA AVE EDISON EASI /—\ Conditional Use Permit No. 2002 -04622 Subject Property TRACKING NO. CUP2005 -05011 Date August 8, 2005 Scale V=200' Requested By GARY FRAZIER Q.S. No. 20 PETITIONER REQUESTS A ONE YEAR RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL TO CONVERT AN EXISTING 117 -UNIT MOTEL TO AN 84 -UNIT "AFFORDABLE" SENIOR CITIZEN'S APARTMENT COMPLEX. 2748 West Lincoln Avenue 1961 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -13 1 -B. REPORTS AND RECOMMENDATIONS a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2002 -04622 - REQUEST FOR A TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL (Motion) (TRACKING NO. CUP2005- 05011) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 1.7 -acre property has a frontage of 125 feet on the south side of Lincoln Avenue, a maximum depth of 590 feet and is located 670 feet east of the centerline of Dale Avenue (2748 West Lincoln Avenue - Lincoln Inn). REQUEST (2) The petitioner requests a one -year retroactive extension of time to comply with conditions of approval under the authority of Code Section No. 18.60.170 to convert an existing 117 - unit motel (Lincoln Inn) to an 84 -unit "affordable" senior citizen's apartment complex (Cherry Orchard) with a density bonus and waivers- BACKGROUND (3) This property is developed with a 117 -unit, 3 -story motel and is zoned C -G (General Commercial). The Anaheim General Plan Land Use Map designates this property for Low Medium Density Residential land uses. This property is also located within the Merged Redevelopment Project Area. (4) Conditional Use Permit No. 2002 -04622 (to convert an existing 117 -unit motel (Lincoln Inn) to an 84 -unit "affordable" senior citizen's apartment complex (Cherry Orchard) with a density bonus and waivers of minimum number of parking spaces, minimum landscaped setback abutting an arterial highway, minimum building site area per unit, minimum floor area per unit and maximum density bonus) was approved by the City Council on January 14, 2003, following approval by Planning Commission on November 18, 2002. On January 12, 2004, the Commission approved a one year extension of time to comply with conditions (to expire on January 14, 2005). (5) Resolution No. 2003R -9, adopted on January 14, 2003, in connection with Conditional Use Permit No. 2002 -04622 contains the following condition of approval: "33. 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, 6, 7, 8, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28 and 31, herein - mentioned, shall be complied with." SR- 2005 -05011 ds Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -13 DISCUSSION: (6) Gary Frazier of Acacia Housing Advisors has submitted the attached letter, dated July 6, 2005, requesting a one year retroactive time extension to comply with conditions of approval for Conditional Use Permit No. 2002 - 04622. The last time extension for this entitlement was approved on January 12, 2004, and the permit expired on January 14, 2005. The applicant is requesting a one year retroactive extension of time. The Code requires the application for an extension of time to be submitted within 180 days of the date of expiration (prior to July 14, 2005). This request for the time extension was received on July 6, 2005. This is the second request for a time extension to comply with conditions of approval, and Code allows the granting of a maximum of two time extensions subject to the findings contained in Code Section No. 18.60.170 of the Zoning Code. The applicant requests that the time extension be granted to allow time to obtain the necessary financing to proceed with the conversion of the motel, including potential participation by the Anaheim Redevelopment Agency. (7) On June 8, 2004, the City Council adopted Resolution No. 2004R -95 and Ordinance No. 5920 which approved a comprehensive update of the Anaheim General Plan and an amendment of Title 18 Zoning Code in its entirety. Contained in Ordinance No. 5920 of the Zoning Code Update was Section 5c "Exemptions" which provided projects approved prior to June 8, 2004, an exemption from the new Zoning Code regulations provided the project was granted an extension of time by the approval authority. Therefore, staff is recommending approval of the requested retroactive time extension, for a period of one year, to expire on January 14, 2006. (8) An inspection by the Community Preservation staff indicates there are no existing code violations relative to the property. ENVIRONMENTAL REVIEW: (9) Staff has reviewed the request for a retroactive extension of time to comply with conditions of approval to convert an existing 117 -unit motel to an 84 -unit "affordable" senior citizen's apartment complex with a density bonus and with waivers, and the previously- approved Negative Declaration and finds there are no changes to the originally- approved conditional use permit and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Negative Declaration serve as the required environmental documentation for this request- FINDINGS (10) Zoning Code Section No. 18.60.170 specifies that the petitioner shall, within one year after receiving approval (or within any greater or lesser time limit specified in the Resolution of Approval) comply with all conditions imposed with time limits. In addition, subsection 18.60.170.020 specifies that before granting any request for an extension of time, the Commission must make a finding of fact that the evidence presented shows that all of the following conditions exist: (a) The extension of time will not extend the approval beyond two (2) extensions, with each extension not to exceed one (1) year, or any greater or lesser time increment specified in the original resolution. Page 2 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -13 (b) The approved project remains consistent with the General Plan and the zone district designation for the property. (c) Either no code amendments have occurred that would cause the approval to be inconsistent with this title, or the petitioner has (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such code amendments and (ii) agreed to modify the project to conform to such code amendments. (d) 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 Enforcement Division. Cost of inspection is established pursuant to subsection .030 of Section 101 389 of the Anaheim Municipal Code, and shall be paid by the applicant prior to consideration of the extension application by the approval authority. (e) No additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for the original approval of the project- 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 Planning Commission take the following actions: (a) By motion, determine that the previously approved Negative Declaration is adequate to serve as the environmental documentation for this request. (b) By motion, aoorove a one -year retroactive extension of time (to expire on January 14, 2006) based on the following: (i) That this is the second request for an extension of time to comply would not extend the entitlement of use beyond the two extensions authorized by the Code; and that the property has been properly maintained. (ii) That there have been no changes to the Anaheim General Plan and Zoning Code that would affect this project. No additional information or changed circumstances are present which would contradict the facts used to support the required findings for approval of this Conditional Use Permit. (iii) That the 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 Enforcement Division. Page 3 July 6, 2005 Mr. Dave See HAND DELIVERED City of Anaheim Planning Division 200 S. Anaheim Blvd., First Floor Anaheim, CA 92805 Re: Cherry Orchard Senior Apartments Conditional Use Permit No. 2002 -04622 Planning Commission Resolution No. PC2002 -169 City Council Resolution No. 20038 -9 Dear Dave: This is to request the second one -year extension of time to satisfy the conditions of the referenced CUP. We did not apply for this extension before the expiration of the prior extension because, at that time, we no longer had a contract to purchase the property. Last week, we signed a new contract to purchase the property. This extension is critical to our application for private interim financing to purchase the property. Financial assistance from the Anaheim Redevelopment Agency would be necessary to implement the CUP. The Agency's prior commitment to the project has expired. Enclosed is a check for the processing fee and eight sets of property photographs. Please let me know if you have any questions. Sincerely, ` a Frazier Principal cc: Jimmy E. Gaston, Anaheim Supportive Housing for Senior Adults, Inc. CUP NO. 2002- 0 4622 6445 Joshua Tree Avenue e Orange, California 92867 -2460 • Tel: (714) 282 -8388 • Fax: (714) 282 -8688 i Attachment - R&R 7 -B Item No. 1 -B Staff Report to the Planning Commission November 18, 2002 Item No. 4 4a. CEQA NEGATIVE DECLARATION (Motion) 4b. WAIVER OF CODE REQUIREMENT (READVERTISED) (Motion) 4c. CONDITIONAL USE PERMIT NO. 2002 -04622 (READVERTISED) (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 1.7 -acre property has a frontage of 125 feet on the south side of Lincoln Avenue, a maximum depth of 590 feet and is located 670 feet east of the centerline of Dale Avenue (2748 West Lincoln Avenue). REQUEST: (2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section Nos. 18.44.050.305 and 18.94.020 to convert an existing 117 -unit motel (Lincoln Inn) to an 84 -unit "affordable" senior citizen's apartment complex (Cherry Orchard) with a density bonus and with waivers of the following: (a) SECTION NO.18.01.200 (b) SECTION NOS. 18.06.050.0131 AND 18.94.031.010 (c) SECTION NO. 18.34.063.011 (d) SECTION NO. 18.94.031.020 Minimum age restriction for senior citizens' apartment complex. (DELETED) Minimum number of parking spaces (102 required; 92 proposed and recommended by the City Traffic and Transportation Manager) Minimum landscaped setback abutting an arterial highway 20 feet required; 10 feet existing). Minimum building site area per dwelling unit (1200 square feet required; 881 square feet proposed) (e) SECTIONS NOS. 18.94.032.030 Minimum floor area per dwelling unit AND 18.94.032.031 (400 square feet required for studio /one 18.94.032.033 bedroom units and 700 square feet required for two- bedroom units; 325 to 467 square feet for studios and 600 to 759 square feet for two bedrooms proposed) (f) SECTION NO. 18.94.035.020 Minimum width of pedestrian accessways (DELETED) (g) SECTION NO. 18.94.035.020 sr1101 cw.doc Maximum density bonus ( percent density bonus [15 additional units] and two incentives allowed; 35 percent density bonus [22 additional units] and two incentives requested). Page 1 Staff Report to the Planning Commission November 18, 2002 Item No. 4 BACKGROUND (3) This request was continued from the November 4, 2002, Planning Commission to allow advertisement of a waiver pertaining to the required landscaped setback along Lincoln Avenue (waiver [c]). (4) This property is developed with a 117 -unit, 3 -story motel and has been zoned CL (Commercial, Limited) since 1966. The Anaheim General Plan Land Use Map designates this property for General Commercial land uses. This property is also located within the West Anaheim Commercial Corridors Redevelopment Project Area. (5) Surrounding land uses are as follows: Direction Land Use Zoning General Plan Designation North across Lincoln Avenue Small Shops CL General Commercial East RM -1200 Medium Density Apartments Residential South Vacant and Carbon RS- A- 43,000 Creek Channel Flood Control Channel West Motel and Trailer Park i RS -A- 43,000 (MHP) General Commercial PREVIOUS ZONING ACTIONS: (6) The following zoning action has occurred for this property: Conditional Use Permit No. 1043 (to permit a 129 -unit, 3 -story motel with waiver of maximum structural height) was approved by the City Council on September 3, 1968, following Commission approval on July 15, 1968. On November 22, 1999, the Commission considered revocation or modification proceedings at the request of the Code Enforcement Division and the Police Department. The Commission added conditions of approval including a length of stay limitation and approved the permit for six months to expire on May 22, 2000. The petitioner appealed the Commission's decision to the City Council pertaining to the length of stay limitation. On January 25, 2000, the Council upheld the Commission decision and approved the permit to expire on July 25, 2000. On March 7, 2000, the Council denied the applicant's request for rehearing. On March 21, 2000, the City Council directed staff to place on Commission's agenda the initiation of a public hearing for this motel in order to determine compliance with conditions of approval and to consider modifying conditions including the 30 -day in 90 -day occupancy limitation. The action was one of a number of recommendations formulated for City Council consideration by the City's Motel Task Force. On May 22, 2000, the Commission reinstated and approved this permit to expire January 15, 2001, with amended conditions of approval. On January 17, 2001, the Commission denied the request to reinstate this permit and no further action was taken by City Council. On February 27, 2001, following an appeal by the applicant, City Council appointed a hearing officer to hear the appeal of the Commission's decision. On April 26, 2001 and June 6, 2001, a public hearing was held before the hearing officer and on August 1, 2001, the hearing officer recommended that City Council deny the appeal and uphold the Commission's decision to deny the reinstatement of this permit. On August 21, Page 2 Staff Report to the Planning Commission November 18, 2002 Item No. 4 2001, the City Council on appeal, denied the request for reinstatement of this permit and upheld the decision of the Commission as recommended by the hearing officer. This motel is therefore, currently operating without benefit of a conditional use permit. DEVELOPMENT PROPOSAL: (7) The petitioner requests approval to convert an existing 117 -unit, 3 -story motel into an 84- unit affordable senior citizen's apartment complex. The site plan (Exhibit No. 1) indicates the following characteristics: Development Proposed Project Code Requirements for Senior Standards Citizen's Apartments Site Area 1.7 acres 74,052 sq.ft. N/A Dwelling Units 84 units (49 du /ac.) 62 units max per RM -1200 standards (36 du /ac.); 77 units with a 25% density bonus Average Land Area 881 square feet per unit 1,200 sq.ft. min. per RM -1200 per unit standards; 961 sq.ft. with 25% density bonus Average 285 square feet per unit 200 square feet per unit min. Recreation /Leisure 24,000 square feet total (16,800 square feet required) Area per unit (including indoor common recreation leisure area Indoor Common 1,600 square feet 1,000 square feet min. required Recreation (8) The site plan further shows the project contains two separate buildings with parking along the east property line and within carports adjacent to the buildings. Minimal new construction and exterior modifications are proposed to include two new elevator shafts, an addition to the indoor recreation area, accommodating storage units within the carports, enhancements to the north elevation (facing Lincoln Avenue) and west elevation (facing the courtyards and common outdoor open spaces) and all structures within the outdoor leisure area (gazebos, trellises, etc.). Plans show interior modifications to the existing motel buildings to convert the existing units into a senior citizen's apartment project. (9) The floor plans of building one (Exhibit No. 2) indicate the main entrance to the complex (adjacent to Lincoln Avenue) contains a lobby /lounge, offices, mailroom and restrooms. The first floor plan for building one also indicates enclosed storage areas, carports, 6 studio units, an indoor recreation center and outdoor recreation areas. The second and third floor plans of building one are identical with 15 studio units, 5 two- bedroom units, an indoor common leisure area, laundry room, elevator shaft and storage area on each floor. (10) The floor plans of building two (Exhibit No. 3) indicate the first floor consists of 6 studio units, laundry room, 2 two- bedroom units, carports and enclosed storage areas. The second and third floor plans of building two are identical with 11 studio units, 1 one - bedroom unit and 3 two- bedroom units, one laundry room, private storage rooms, an elevator shaft and an indoor common area room on each floor. The floor plans for both buildings indicate elevator access within 150 feet of the farthest living unit in compliance with Code. Although the floor plans are not clear, the petitioner indicates that trash chutes would be provided on each floor of living units within the laundry rooms. Page 3 Staff Report to the Planning Commission November 18, 2002 Item No. 4 (11) The living unit floor plans (Exhibit No. 4) indicate all studio units contain a kitchen, bathroom, living area; all one bedroom units contain a kitchen, bathroom, living area, bedroom and closet/storage room; all two bedroom units contain a kitchen, living room, bedrooms and storage closet. This project consists of 64 studio units, 2 one - bedroom units and 18 two- bedroom units for a total of 84 units. Code requires that within senior citizen's apartment projects, studio units maintain a minimum unit size of 400 square feet, one bedroom 550 square feet, and two- bedroom units 700 square feet. The following chart indicates the size of each unit within the complex: (12) Plans indicate the retention of a one -way semi - circular vehicular access to the property connected by two driveways from Lincoln Avenue. The easterly driveway also provides access to the open parking spaces along the east property line, carports adjacent to the east building elevation and two additional spaces located near the main entrance. A total of 92 parking spaces are provided for residents and guests (66 open parking spaces and 26 spaces within carports). Code requires a minimum of 102 parking spaces based on one space for each bachelor or one - bedroom unit and two spaces for each two- bedroom unit (64 studio units + 2 one - bedroom units + 18 two- bedroom units = 102 parking spaces). Plans indicate the existing security gates would be removed to provide unrestricted vehicle access to the property. Page 4 Staff Report to the Planning Commission November 18, 2002 Item No. 4 (13) Elevation drawings of the north elevation of building one (Exhibit No. 5) show that this elevation (facing Lincoln Avenue) would incorporate decorative wrought iron window treatments, an arch element at the main entrance and create depth with stucco columns. The east and west elevations of building one (Exhibit No. 6) indicate decorative elevator shafts, stucco columns to support the addition to the recreation room, wrought iron railings along all walkways and a gazebo along the west elevation (facing the courtyard) and no enhancement or changes to the east elevation (facing the parking area and apartments). Elevation drawings of the east and west elevations of building two (Exhibit No. 7) show a decorative elevator shaft, wrought iron railing along pedestrian walkways, a trellis treatment and a decorative archway enhancement along the west elevation (facing the court yard) and no enhancements or changes to the east elevation (facing the parking area and apartments). Elevation drawings for the south side of building one and the north and south sides of building two were not submitted. (14) The landscape plan (Exhibit No. 8) indicates an existing 10 foot wide landscaped setback adjacent to Lincoln Avenue consisting of 3 flowering Cherry trees and Juniper groundcover. Code requires a 20 foot landscaped setback adjacent to Lincoln Avenue with a total of 6 trees based on 1 tree per 20 feet of street frontage. Plans indicate extensive landscaping throughout the common outdoor leisure area and Italian Cypress trees along the west property line adjacent to a motel and trailer park. The plan shows groundcover, Birch and Flowering Cherry trees to be planted within the proposed outdoor leisure area, located between the two existing buildings and the west property line. (15) Plans indicate an approximate total of 24.000 square feet of leisure area throughout the project with about 20,000 square feet of outdoor common area and a 4,000 square foot indoor common recreation room. The floor plan for the recreation room shows a small Page 5 View of existing front setback area adjacent to Lincoln Avenue and freestanding sign. Staff Report to the Planning Commission November 18, 2002 Item No. 4 "tech center" but no other details regarding the floor plan have been provided. Plans show an extensive outdoor common recreation area to be located between the two buildings consisting of gazeboes, spas, barbeques, trellis covered patios and walkways, horseshoe and shuffle board courts and hardscape treatment (patio and walking path). Code requires a minimum of 200 square feet of usable recreational - leisure area for each dwelling unit provided by private and /or common leisure area. Code further requires that a senior citizen's apartment project with more than 20 dwelling units provide 50 square feet of the amount required per unit for common space designed for a specific leisure activity. Code also requires that multi - purpose recreation rooms have a minimum floor area of 1,000 square feet. (16) Sign plans were not submitted with this request. Code permits one (two if flanking the driveway) 20 square foot identification signs for multiple - family residential complexes. Site inspections and building permit records indicate an existing freestanding changeable copy sign along Lincoln Avenue. The applicant has indicated that they intend to remove the sign and staff has conditioned its removal. (17) Private storage areas are provided within the carports of buildings one and two, adjacent to the main lobby, at the south side of building one, and on all three floors of the complex. The proposed storage space is 100 cubic feet per unit in compliance with Code requirements. (18) The attached letter of operation indicates that this project is an adaptive reuse of an existing 117 -unit motel to an 84 -unit senior citizen's "affordable" apartment complex. The `// complex would operate with two resident managers and would offer counseling and other senior - related activities that would be scheduled Monday through Friday 8 a.m. to 5 p.m., Saturday 8 a.m. to 1 p.m. and some activity would occur in the evening, not lasting past 10 p.m. ENVIRONMENTAL IMPACT ANALYSIS: (19) 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 Planning 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. GROWTH MANAGEMENT ELEMENT ANALYSIS (20) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION Page 6 Staff Report to the Planning Commission November 18, 2002 Item No. 4 (21) Code permits senior citizen's apartment projects in the CL Zone subject to the approval of a Conditional Use Permit and compliance with Code Chapters 18.34 (RM -1200) and 18.94 (Criteria and Standards for Senior Citizen's Apartment Projects). The request for a density bonus and incentives further requires compliance with Code Chapter 18.99 (Density Bonus). (22) Waiver (a) pertaining to minimum age requirement for seniors has been deleted. (23) Waiver (b) pertains to minimum number of required parking spaces. Plans indicate a total of 92 parking spaces and Code requires a minimum of 102 spaces, as described in paragraph no. 12. The Traffic and Transportation Manager has reviewed and approved a parking letter submitted by the applicant and has determined that the proposed 92 parking spaces (ninety percent of the required number of spaces) is adequate for the proposed development. Therefore, staff recommends approval of this waiver. (24) Waiver (c) pertains to minimum landscaped setback abutting an arterial highway. Plans indicate an existing 10 foot wide landscaped planter along Lincoln Avenue planted with 3 Flowering Cherry trees and Juniper ground cover. Plans further indicate 4 parking spaces and a semi - circular, one -way vehicular drive and drop -off area located in the required landscape setback adjacent to Lincoln Avenue. Code requires a minimum 20 -foot wide landscaped setback along Lincoln Avenue planted with 6 trees (one tree per 20 linear feet of frontage). Code does permit "vehicular access ways" as a permitted encroachment; however, Code does not permit parking spaces or drop -off areas within the required landscape setback. Commission should note that the existing landscape setback of 10 -feet meets the requirements of the CL (Commercial Limited) Zone; however, when constructing a senior citizen's apartment project within a non - residential zone, the project needs to comply with the site development standards of the RM -1200 zone (20 feet of landscaping) unless specifically stated within Chapter 19.94 (Criteria and Standards for Senior Citizen's Apartment Projects). The applicant has stated that the drop -off area is vital to the project, as it will coordinate transportation for the senior citizen residents. Though the 10 -foot planter area, circular drop -off driveway and parking spaces were approved with the permit to operate a motel in the CL Zone, staff feels that this opportunity to increase the landscape setback along Lincoln Avenue to comply with the RM -1200 Code requirement would improve the overall design of the property and promote the Lincoln Avenue Corridor Master Plan. As an alternative, staff would recommend that the westerly driveway be closed that twenty feet of landscaping be provided (replacing the loss of 4 parking spaces elsewhere on the site) and that one or two of the remaining parking spaces closest to the main entry be reserved for passenger drop - off /pick -up. Therefore, staff recommends approval of this waiver in part, as it pertains to the alternative drop -off area described above, but deleting the other parking spaces proposed within this setback. (25) Waiver (d) pertains to minimum site area per dwelling unit. Plans indicate 881 square feet per unit. Code requires a minimum of 1200 square feet per dwelling unit; (961 square feet with a 25 percent density bonus). The submitted justification of waiver statement indicates the project proposes a reduction in the existing population occupying the property (currently the motel has 250 occupants). Staff feels that this request is unprecedented and does not support the waiver as requested; Code only provides for a maximum 25 percent density bonus or 15 units above the permitted density. Staff feels that the proposed number of units within the project should be reduced to comply with the Code required minimum site area per dwelling unit based on a density bonus of 25 percent for a total of 77 units. Page 7 Staff Report to the Planning Commission November 18, 2002 Item No. 4 Therefore, staff recommends approval of this waiver, in part, to be consistent with a density bonus of 25 percent or 961 square feet of site area per unit. (26) Waiver (e) pertains to minimum floor area per dwelling unit. Plans indicate studio units ranging in size from 325 square feet to 467 square feet and two- bedroom units from 600 square feet to 759 square feet. Code requires a minimum of 400 square feet for each studio unit and 700 square feet for each two- bedroom unit. The submitted justification of waiver (attached) states that there are numerous successful examples of senior citizen's apartments involving studios that are similar in size to this proposal and that ample recreation room is provided within common areas of the development. The reuse of the existing building for senior citizen's apartments poses constraints in attempting to allocate floor area in a way that recognizes existing building infrastructure and access points. Therefore, given these unique constraints, staff recommends approval of this waiver as one of the permitted `additional incentives ". (27) Waiver (f) pertaining to minimum pedestrian accessways has been deleted. (28) Waiver (g) pertains to maximum density bonus. Plans indicate a total of 84 units. Code allows 62 units plus 15 additional units if the project complies with the density bonus ordinance for a total of 77 allowable units. Code allows a 25 percent density bonus and plans indicate 84 units, which reflects a density bonus of 35 percent. The submitted justification of waiver statement indicates that there are currently 117 units that are occupied by families for a total of 250 residents and that the project is reducing the overall density. Staff is concerned that this justification is not relevant as the existing units are permitted as motel units and not living units. Staff feels that the waiver is not justified and that the number of units should be reflective of the 25 percent density bonus. Staff recommends denial of the waiver. (29) The Commission may wish to note that this project would be in compliance with the affordability requirements set forth in Code Section 18.99.030.020 and therefore would qualify for a density bonus and incentives. Code permits these incentives as Code waivers provided the deviation from the particular standard does not exceed 25 percent. Based on the affordability criteria, the project would be eligible for up to two incentives. This would provide justification for two of the above - mentioned waivers as selected by the Planning Commission. (30) The petitioner has submitted the Code - required information pertaining to the accessibility to services, including food markets, retail stores, medical offices and a bank readily available on Lincoln Avenue. Public transportation is also available with bus lines on Lincoln Avenue. (31) Plans do not indicate specific materials for the decorative hardscape features, trellises, gazebos, or other amenities shown on plans to promote community gathering within the complex. Staff recommends that final plans be submitted to the Zoning Division for review indicating specific recreational and leisure area amenities to ensure the development of a high quality project. (32) The Community Development Department has submitted the attached memorandums indicating that the project is consistent with the West Anaheim Commercial Corridor Redevelopment Project Area, which designates this property for residential land uses. The petitioner has met with the Community Development Department and discussed Page 8 Staff Report to the Planning Commission November 18, 2002 Item No. 4 affordability criteria. The petitioner will continue to work with Community Development staff to ensure that all development criteria and affordability requirements are met. (33) In accordance with Code, an architectural consultant for the Community Development Department has reviewed the submitted plans and provided the attached comments. The comments indicate that it appears that the design is "headed in the right direction by reducing the number of units and adding substantially to the common interior and site amenities" and provided observations that, if considered, could enhance the livability and aesthetics of this "much needed rehabilitation." Some of these comments include: • Eliminating the circular driveway and increase landscaping along Lincoln Avenue. • Relocating the common rooms so they can take advantage of courtyard views. • Laundry rooms should have sitting areas, windows, folding tables and service sinks. • Consider enlarging the kitchen facilities for one and two bedroom units. • Elevation facing Lincoln Avenue should include projections and window enhancements. (34) The Commission may wish to note that the applicant conducted community meetings on Monday, October 14, 2002, and again on Saturday, October 19, 2002. Staff has received telephone inquiries from neighbors who expressed support for the reuse of the property. Staff has also met with WAND (West Anaheim Neighborhood Development Group) who has expressed concern in regards to the size and number of apartment units and the existing condition of the motel infrastructure. (35) Staff is supportive of the proposal to reuse the existing motel for senior citizen's apartment living as it is consistent with the surrounding zoning and land uses and further is in compliance with the West Anaheim Master Plan. Staff recognizes the proposed improvements including fagade changes, courtyards and infrastructure improvements (replacement of all kitchenettes, bathrooms, air conditioners, windows and doors); however, staff is not supportive of the requested waivers, namely maximum density bonus and minimum floor area per unit. Staff feels that the project should be redesigned to reduce the number of units by combining more of the existing motel units for larger senior apartments, increasing the landscape setback along Lincoln Avenue and eliminating waivers where possible. Staff also recommends incorporation of improvements suggested by the Community Development Departments architectural consultant as outlined in paragraph no. 33 above. (36) The Senior Citizen's Apartment Ordinance (Code Section 18.94.031.030) requires that projects comply with the following age and occupancy limitations: (a) That not more than two (2) persons, at least one (1) of whom must be a senior citizen, shall reside in, or be permitted to reside in, any bachelor unit or one (1) bedroom unit; (b) That not more than three (3) persons, at least one (1) of whom must be a senior citizen, shall reside in, or be permitted to reside in any two (2) bedroom unit; and (c) That all occupants and residents of any dwelling unit who are not senior citizens, other than the spouse or cohabitant of, or a person who resides with and provides Page 9 Staff Report to the Planning Commission November 18, 2002 Item No. 4 primary physical or economic support to, the resident senior citizen, shall be at least 45 years of age except that temporary residency by a person less than 45 years of age for a cumulative period of sixty (60) days in any calendar year shall be permitted. FINDINGS: (37) 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 Planning 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. (38) Section 18.06.080 of the parking ordinance sets forth the following findings which are required to be made before the parking waivers are approved by the Planning Commission or City Council. (a) That the conditional use permit, 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 (b) That the conditional use permit, 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 conditional use permit, 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 conditional use permit, 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 conditional use permit, 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. Page 10 Staff Report to the Planning Commission November 18, 2002 Item No. 4 Unless conditions to the contrary are expressly imposed upon the granting of any conditional use permit pursuant to this Section by the Planning Commission or City Council, the granting of any such conditional use permit 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 variance. 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 conditional use permit which shall subject said conditional use permit to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code. (39) 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 that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and 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 proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; (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 under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. (40) Prior to approving any density bonus or request for additional incentives, the Commission shall determine a factual basis exists to make the following findings, as applicable. These findings shall be in addition to any findings made with respect to any variance granted to an applicant: (a) That the applicant had proposed the construction of an eligible housing development; (b) If one or more additional incentives are granted, that the applicant has demonstrated that each additional incentive granted to the applicant is necessary to make the proposed housing project economically feasible to provide for affordable housing costs; (c) If no additional incentive is granted, that no additional incentives are necessary to make the proposed housing project economically feasible to provide for affordable housing costs; Page 11 Staff Report to the Planning Commission November 18, 2002 Item No. 4 (d) That the density bonus and each additional incentive granted, if any, further the City's affordable housing goals as set forth in the Housing Element of the City's General Plan; (e) That each additional incentive granted, if any, shall not, on balance, be detrimental to the public health, safety and welfare, and shall not cause injury to property in the immediate vicinity of the eligible housing project; and (f) If one or more incentives are granted in lieu of a density bonus and additional incentive(s), that such incentive or incentives is equivalent in financial value to a density bonus by an independent appraisal of the applicant's property. (41) The Senior Citizen's Apartment Ordinance (Code Section 18.94.031.030), further requires that the developer of a senior citizen's apartment project provide evidence as to the location of the site in relation to the proximity and accessibility to necessary services, including grocery stores, transit stops, medical facilities and banks. The petitioner has prepared a vicinity map showing the location of these services. The Ordinance further requires that prior to approval of a conditional use permit, the Commission shall make mandatory findings that the evidence presented shows that said project is reasonably accessible to the services identified above. RECOMMENDATION: (42) 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, that the Planning Commission, by motion, continue this request to the January 13, 2002, Planning Commission meeting in order to redesign to address concerns with regard to number of units, landscaping along the Lincoln Avenue frontage, and suggestions made by the Community Development Department's architectural consultants as outlined in paragraph no. 33 above. (43) Should the Commission wish to take action on this request, staff recommends the following: (a) By motion, approve the CEQA Negative Declaration. (b) By motion, approve waiver (b) minimum number of parking spaces, (c) in part, pertaining to minimum landscape setback abutting an arterial highway, (d) in part, pertaining to minimum site area per dwelling unit and (e) pertaining to minimum floor area per dwelling unit, and (g) maximum density bonus; and deny waivers (a) minimum age restriction for senior citizen's apartment complex and (f) minimum width of pedestrian accessways based on the following: (i) Waiver (b) pertaining to minimum number of parking spaces (102 spaces required; 92 spaces proposed) should be approved based on the recommendation by the City Traffic and Transportation Manager that the proposal for 92 spaces is adequate to serve the project. Page 12 Staff Report to the Planning Commission November 18, 2002 Item No. 4 (ii) Waiver (c) pertaining to minimum landscaped setback, (d) pertaining to minimum building site area per dwelling unit, (e) pertaining to minimum floor area per dwelling unit should be approved based on the constraints of adaptively reusing the existing structures and that waiver (d) is a function of the 25 percent density bonus. (iii) That waiver (g) pertaining to maximum density bonus should be denied because the applicant has not demonstrated that there are special circumstances applicable to this property that require a 35% density bonus. (iv) Waivers (a) pertaining to minimum age restriction for a senior citizen's apartment complex and (f) pertaining to minimum width of pedestrian accessways should be denied because they have been deleted. (c) By resolution, approve Conditional Use Permit No. 2002- 04622 (to construct an 84- unit "affordable" senior citizen's apartment complex with a density bonus) in part, limiting the number of dwelling units to 77 based on the following: (i) That as recommended, the proposed complex would not adversely affect the adjoining existing residential neighborhood or the growth and development of the surrounding area and would provide a significant affordable housing opportunities for Anaheim residents. (ii) That as recommended, the size and shape of the site for the proposed use is adequate to allow the full development of this senior citizen's apartment complex, and that this development would be constructed with amenities comparable to other senior citizen's apartment complexes approved along Lincoln Avenue; and would provide livable affordable units for senior citizens. THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT IS APPROVED. That final plans shall be submitted to the Zoning Division for review and approval indicating the following aspects of this project: (a) landscape plan, including provisions for minimum 24 -inch box size trees at one tree per twenty (20) feet of street frontage adjacent to Lincoln Avenue, (b) all wall and/or freestanding signage within the complex, (c) building light fixtures, (d) mechanical equipment, including roof - mounted and ground- mounted, (no window- mounted equipment permitted), (e) pedestrian gates, (f) perimeter fencing height, materials, and location, (g) driveway treatments and other paving enhancements, (h) detailed elevation plans for all sides of the buildings and detailed common recreational area amenity (including indoor recreation room) and improvement plans, including decorative hardscape features, patios, benches, tables, community BBQ, and/or other amenities which would promote community gathering areas within the complex. 2. That the total number of management units permitted shall be subject to review and approval by the Executive Director of Community Development and shall be shown on plans submitted for building permits. 3. That the rental of the all units within the project shall be subject to the provisions set forth in Code Section No. 18.94.39, relating to age and occupancy. Page 13 Staff Report to the Planning Commission November 18, 2002 Item No. 4 4. That the term of affordability shall be for a minimum period of 30 years. If public financing is secured and such financing requires a longer affordability term, that affordability shall be enforced. 5. That the Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units. 6. That the developer shall submit a written agreement to the Housing Division /Authority agreeing to comply with all reporting requirements under the Affordable Housing Development Program. 7. That any proposed ground or roof - mounted mechanical equipment shall be subject to the requirements of Anaheim Municipal Code. Said information shall be specifically shown on plans submitted for building permits. 8. 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 for existing and proposed devices (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. 9. That the property will be served with underground utilities per the electrical rates, rules and regulations and the City of Anaheim underground. 10. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 11. That any required relocation of City electrical facilities shall be at the developer's expense. Landscape and /or hardscape screening of all pad- mounted equipment shall be required and shall be shown on plans submitted for building permits. 12. That not more than two (2) persons, at least one (1) of whom must be a senior citizen aged fifty -five (55) or older shall reside in, or be permitted to reside in any bachelor or one (1) bedroom unit; and that not more than three (3) persons, at least one (1) of whom must be a senior citizen, shall reside in, or be permitted to reside in any two (2) bedroom unit; and that all occupants and residents of any dwelling unit who are not senior citizens other than the spouse or cohabitant of, or a person who resides with and provides primary physical or economic support to the resident senior citizen, shall be at least forty five (45) years of age except that temporary residency by a person less than forty five (45) years of age for a cumulative period of sixty (60) days in any calendar year shall be permitted; and that an unsubordinated covenant in a form approved by the City Attorney so- limiting such occupancy shall be recorded with the Office of the Orange County Recorder by the legal owner of the property. A copy of said recorded covenant shall then be submitted to the Zoning Division. 13. That as 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 Lincoln Avenue. The size, type and number of trees shall be provided in accordance with the Lincoln Avenue Corridor Master Plan and to the satisfaction of the Urban Forestry Division of the Community Services Department. Said information shall be specifically shown on plans submitted for building permits. 14. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses. Page 14 Staff Report to the Planning Commission November 18, 2002 Item No. 4 15. That gates shall not be retained or installed across any 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. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. 16. 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, 601, 602 and 604 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. 17. That since this project has a landscaping area exceeding 2,500 square feet, a separate irrigation meter shall be installed in compliance with Chapter 10.19 of the Anaheim Municipal Code and Ordinance No. 5349 regarding water conservation. Said information shall be specifically on plans submitted for building permits. 18. 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. 19. That an on -site trash truck turn around area shall be provided per Engineering Standard Detail No. 610 and shown on plans as required by the Department of Public Works, Streets and Sanitation Division. Said area shall be specifically shown on plans submitted for building permits. 20. 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. 21. That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be specifically shown on plans submitted for building permits. 22. That the developer /owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval in determining the adequacy of the existing water system to meet the project's water requirements. 23. That trash storage areas shall be provided and maintained in locations acceptable to the Public Works Department, Streets and Sanitation Division and in accordance with approved plans on file with said Department. 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. 24. 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. 25. That the legal 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 Page 15 Staff Report to the Planning Commission November 18, 2002 Item No. 4 Compliance or Conditional Certificate of Compliance shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 26. That the developer shall submit satisfactory evidence (a noise study) to the Building Division showing that the complex is in conformance with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 27. That any remaining driveway shall be reconstructed with ten (10) foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on plans submitted for building permits. 28. That the existing freestanding sign adjacent to Lincoln Avenue shall be removed. Said information shall be specifically shown on plans submitted for building permits. 29. That parking spaces shall be unassigned and available on a first come -first served basis. 30. That the design modifications as outlined by the Community Development Department's Architectural consultant shall be shown specifically on plans submitted for building permits. Said modifications shall include the following: • Eliminating the circular driveway and increase landscaping along Lincoln Avenue. • Relocating the common rooms so they can take advantage of courtyard views. • Laundry rooms should have sitting areas, windows, folding tables and service sinks. • Consider enlarging the kitchen facilities for one and two bedroom units. • Elevation facing Lincoln Avenue should include projections and window enhancements. 31. The affordability requirements in this section are based on an 84 -unit senior housing project. Should the density be increased or decreased, the affordability requirements will be adjusted to reflect the changes in the density for the project as approved by the Executive Director of Community Development. Prior to the issuance of building permits, the legal property owner shall enter into an unsubordinated, recorded Affordable Housing Agreement (the "Agreement ") in a form satisfactory to the Executive Director of the Community Development Department. Such Agreement with the City of Anaheim shall comply with California Government Code Section 65915, and Chapters 18.94 and 18.99 of the Anaheim Municipal Code. The Agreement shall require the following minimum affordability for the Cherry Orchard Senior Housing Project: a. Twelve percent (12 %) of the total permitted units (8 units) shall be designated as Affordable Units for very, very low- income households with monthly rents at 1/12 of 30 percent of 35 percent of Orange County median- income, based on a 1- person family size for 0- bedroom units, a 2- person family size for 1- bedroom units, and a 3- person family size for 2- bedroom units to comply with City Density Bonus Ordinance. An additional 7 percent of the units (6 units) shall be designated as Affordable Units for very, very low- income households with monthly rents at 1/12 of 30 percent of 35 percent of Orange County median - income. b. Twenty -five (25 %) percent of the total units constructed (21 units) shall be designated as Affordable Units for very, very low- income households with monthly rents at 1/12 of 30 percent of 35 percent of Orange County median - income, and 24 percent of the total units constructed (20 units) shall be designated as Affordable Units for very low- income households with monthly rents Page 16 Staff Report to the Planning Commission November 18, 2002 Item No. 4 at 1(12 of 30 percent of 50 percent of Orange County median - income, to comply with Senior Ordinance. Rents shall be calculated based on a 1- person family size for 0- bedroom units, a 2- person household size for a 1- bedroom units, and a 3- person household size for 2- bedroom units. Such Agreement shall include appropriate rental controls as specified by the City, and the duration of the Agreement shall be for a period of 30 years. If public financing is secured and such financing requires a greater level of affordability (i.e., additional units) and a longer affordability term, it shall be enforced. The total number of manager units permitted for the subject Senior Citizen's Apartments shall be subject to review and approval by the Executive Director of Community Development. The Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units. Developer agrees to comply with all reporting requirements under the Affordable Housing Development program. After the Agreement has been recorded, a copy shall be provided to the Zoning Division and Community Development Department. 32. 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 through 6, and as conditioned herein. 33. 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, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28, 30 and 31, 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. 34. That prior to final building and zoning inspections, Condition Nos. 32 and 33, above - mentioned, shall be complied with. 35. 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. Page 17 ATTACHMEN" jfjfR ITEM K10. 1 -B RESOLUTION NO. 20038 -9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM GRANTING CONDITIONAL USE PERMIT NO. 2002 - 04621 WHEREAS, the City Planning Commission of the City of Anaheim did receive an application for a conditional use pern with a waiver of certain provisions of the Anaheim Municipal Code to convert an existing 117 -unit motel to an 84 -unit 'affordable' senior citizens' apartment complex with a density bonus upon certain real property located within the City of Anaheim, County of Orange, State of California, legally described as: THE WEST 125.00 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 4 SOUTH, RANGE 11 WEST, IN THE RANCHO LOS COYOTES, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 51, PAGE 11 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THEREFROM THE NORTH 66 FEET, AS CONVEYED TO THE STATE OF CALIFORNIA BY DEED RECORDED IN BOOK 4031, PAGE 152, OFFICIAL RECORDS; Mirl WHEREAS, the City Planning Commission did hold a public hearing upon said application at the City Hall in the City of Anaheim, notices of which public hearing were duly given as required by law and the provisions of Title 18, Chapter 18.03 of the Anaheim Municipal Code; and WHEREAS, said Commission, after due inspection, investigation and studies made by itself and in its behalf and after due consideration of all evidence and reports offered at said hearing, did adopt its Resolution No. PC2002 -169 granting Conditional Use Permit No. 2002 - 04622;and WHEREAS, thereafter, within the time prescribed by law, an interested party or the City Council, on its own motion, caused the review of said Planning Commission action at a duly noticed public hearing; and WHEREAS, at the time and place fixed for said public hearing, the City Council did duly hold and conduct such hearing and did give all persons interested therein an opportunity to be heard and did receive evidence and reports; and WHEREAS, the City Council finds, after careful consideration of the recommendations of the City Planning Commission and all evidence and reports offered at said hearing, that: 1. The proposed use is properly one for which a conditional use permit is authorized by the Anaheim Municipal Code. 2. The proposed use will not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. 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 nor to the peace, health, safety and general welfare. 4. 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. 5. The granting of the 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. WHEREAS, the City Council does further find with regard to the hereinafter specified proposed waiver(s) of Anaheim Municipal Code requirements, other than the proposed waiver of off - street parking requirements, as follows: 1. 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 special circumstances shown in (1) above, strict application of the zoning code deprives the property of privileges enjoyed by other property under identical zoning classifications in the vicinity; and WHEREAS, the City Council does further find and determine with regard to the proposed waiver of certain off -street parking requirements that: 1. That the variance, 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 2. That the variance, 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 3. That the variance, 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 the Anaheim Municipal Code); and 4. That the variance, under the conditions imposed, if any, will not increase traffic congestion within the off - street parking areas or lots provided for such use; and -2- 5. That the variance, 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that Conditional Use Permit No. 2002 -04622 be, and the same is hereby, granted on the hereinabove described real property with a waiver of the following provisions of the Anaheim Municipal Code: Sections 18.06.050.013.0131 - Minimum number of parking spaces. 18.06.080 18.44.050.305 and 18.94.036.010 Sections 18.34.063.011 18.44.050.305 and 18.94.033.010 Section 18.34.061.010 18.44.050.305 and 18.94.031.020 Sections 18.44.050.305 18.94.032.030.031 - and 18.94.032.030.033 Sections 18.99.030.020(i) (102 spaces required; 92 spaces proposed and concurred with by the City Traffic and Transportation Manager) Minimum landscaped setback abutting an arterial highway. (20 -foot average with 15 -foot minimum required along a major arterial highway; 10 feet of landscaping and a driveway with parking spaces existing and proposed in the front setback along Lincoln Avenue) Minimum building site area per dwelling unit. (1,200 sq.ft. required; 881 sq.ft. proposed) Minimum floor area per dwelling unit. (400 sq.ft. for studio units and 700 sq.ft. for two - bedroom units required; 325 to 396 sq.ft. proposed for 60 studio units and 600 to 667 sq.ft. proposed for 16 two - bedroom units) Maximum density bonus. 18.99.040 (25% density bonus [15 additional units] and two incentives and 18.99.050 allowed; 35% density bonus [22 additional units] and two incentives proposed) subject to the following conditions: 1. That final plans shall be submitted to the Zoning Division for review and approval indicating the following aspects of this project: (a) Landscaping plan, including provisions for minimum twenty four (24) inch box sized trees adjacent to Lincoln Avenue at a ratio of one (1) tree per twenty (20) feet of street frontage. (b) All wall and/or freestanding signage within the apartment complex. (c) Building light fixtures. (d) Mechanical equipment, both roof - mounted and ground- mounted (no window- mounted equipment shall be permitted). (e) Pedestrian gates. (f) Perimeter fencing, including height, material and location. (g) Driveway treatment and other paving enhancements. -3- (h) Detailed elevation plans for all sides of the buildings. (i) Detailed common recreational area amenities (including an indoor recreation room) and improvement plans, including decorative hardscape features, patios, benches, tables, community barbecue, and/or other amenities that would promote community gathering areas within the complex. 2. That the total number of 'manager units' permitted in this apartment complex shall be shown on the plans submitted for building permits and shall be subject to review and approval by the Executive Director of the Community Development Department. 3. That the rental of the all units within this senior citizens' apartment complex shall be subject to the provisions set forth in Section 18.94.39 (Age and Occupancy Restrictions) of the Anaheim Municipal Code. 4. That the terms of affordability shall be for a minimum period of thirty (30) years. If public financing is secured and such financing requires a longer affordability term, that affordability shall be enforced. r 5. That the Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units. 6. That the developer shall submit a written agreement to the Housing Division/Authority agreeing to comply with all the reporting requirements of the City of Anaheim Affordable Housing Development Program. 7. That any proposed ground or roof - mounted mechanical equipment shall be subject to the requirements of Anaheim Municipal Code. Said information shall be specifically shown on the plans submitted for building permits. 8. That the locations for future above - ground utility devices including, but not limited to, electrical transformers, water back flow devices, gas, communications and cable devices, etc., shall be shown on the plans submitted for building permits. Such plans shall also identify the specific screening treatment of each device for both existing and proposed devices (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. 9. That this property shall be served with underground utilities in compliance with the City of Anaheim Electrical Rates, Rules and Regulations and the Underground Policy. 10. That the legal owner of subject property shall provide the City of Anaheim with a public utilities easement across the property to be determined as electrical design is completed. 11. That any required relocation of city electrical facilities shall be at the developer's expense. Landscape and /or hardscape screening of all pad- mounted equipment shall be required and shall be shown on the plans submitted for building permits. 12. That not more than two (2) persons, at least one (1) of whom shall be a senior citizen aged �L sixty two (62) or older, shall reside in or be permitted to reside in any bachelor /studio or one (1) bedroom unit; and that not more than three (3) persons, at least one (1) of whom shall be a senior citizen, shall reside in or be permitted to reside in any two (2) bedroom unit; and that all occupants and residents of any dwelling unit who are not senior citizens other than the spouse or cohabitant of, or a person who resides with and provides primary physical or economic support to the resident senior citizen to the extent permitted by law, shall be at least forty five (45) years of age except that temporary residency by a person less than forty five (45) years of age for a cumulative period of sixty (60) days during any calendar year shall be permitted; and that an un- subordinated covenant in a form approved by the City Attorney so- limiting such occupancy shall be recorded with the Office of the Orange County Recorder by the legal owner of the property. A copy of the recorded covenant shall then be submitted to the Zoning Division. 13. That as 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 Lincoln Avenue. The size, type and number of trees shall be provided in accordance with the Lincoln Avenue Corridor Master Plan and to the satisfaction of the Urban Forestry Division. Said information shall be specifically shown on the plans submitted for building permits. 14. That no required parking area shall be fenced or otherwise enclosed for storage or other outdoor uses. 15. That gates shall not be retained or installed across any 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. 609 and shall be subject to the review and approval of the City Traffic and Transportation Manager. Said information shall be specifically shown on the plans submitted for building permits. 16. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 402, 436, 601, 602 and 604 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. 17. That this project has a landscaping area exceeding two thousand five hundred (2,500) square feet and, therefore, a separate irrigation meter shall be installed in compliance with Chapter 10.19 "Landscape Water Efficiency" of the Anaheim Municipal. Code and Ordinance No. 5349 regarding water conservation. Said information shall be specifically on the plans submitted for building permits. 18. 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 cost to upgrade or to abandon any water service or fire line. Said information shall be specifically shown on the plans submitted for building permits. 19. That an on -site trash truck turn around area shall be provided in accordance with Engineering Standard Detail No. 610 and shall be shown on plans as required by the Department of -5- Public Works, Streets and Sanitation Division. Said area shall be specifically shown on the plans submitted for building permits. 20. 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 Public Utilities Department. 21. That a private water system with separate water service for fire protection and domestic water shall be provided. Said information shall be specifically shown on the plans submitted for building pemnits. 22. That the developer /owner shall provide a detailed water usage analysis and building plans for Public Utilities Water Engineering review and approval to determine the adequacy of the existing water system to meet this project's water requirements. 23. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and'Sanitation Division, and in accordance with approved plans on file with said Department. The tyalls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as minimum one (1) gallon sized clinging vines planted on maximum three (3) foot centers or tall shrubbery. Said information shall be specifically shown on the plans submitted for building permits. 24. 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. 25. That the legal 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 or Conditional Certificate of Compliance will then be approved by the City Engineer and recorded in the Office of the Orange County Recorder. 26. That the developer shall submit satisfactory evidence (a noise study) to the Building Division showing that the proposed apartment complex will conform with Council Policy Number 542 "Sound Attenuation in Residential Projects" and with Noise Insulation Standards specified in the California Administrative Code, Title 25. 27. That any remaining driveway(s) along Lincoln Avenue shall be reconstructed with ten (10) - foot radius curb returns as required by the City Engineer in conformance with Engineering Standard No. 137. Said information shall be specifically shown on the plans submitted for building permits. 28. That the existing freestanding sign adjacent to Lincoln Avenue shall be removed. Said information shall be specifically shown on the plans submitted for building permits. 29. That all parking spaces shall be unassigned and available on a'first come /first served' basis. 30. Proposed Condition No. 30 was deleted at the public hearing. 31. The affordability requirements for this proposal are based on an eighty four (84) unit seniors' housing project. Should the density be increased or decreased, the affordability requirements will be adjusted to reflect the changes in the density for the project, as approved by the Executive Director of the Community Development Department. That prior to issuance of a building permit, the legal property owner shall enter into an un- subordinated, recorded Affordable Housing Agreement ( "Agreement ") in a form satisfactory to the Executive Director of the Community Development Department. Such Agreement with the City of Anaheim shall comply with California Government Code Section 65915, and Chapters 18.94 (Criteria and Standards for Senior Citizens' Apartment Projects) and 18.99 (Density Bonus) of the Anaheim Municipal Code. The Agreement shall require the following minimum affordability for this seniors' housing project (proposed Cherry Orchard Senior Apartments): (a) Twelve percent (12 %) of the total permitted units (eight (8) units) shall be designated as Affordable Units for very, very low- income households with monthly rents at one - twelfth (1/12) of thirty percent (30 %) of thirty five percent (35 %) of the Orange County median- income, based on a one (1)- person family size for 0- bedroom units, a two (2)- person family size for one (1)- bedroom units, and a three (3)- person family §ize for two (2)- bedroom units to comply with the City of Anaheim Density Bonus Ordinance (Chapter 18.99). An additional seven percent (7 %) of the units (six (6) units) shall be designated as Affordable Units for very, very low- income households with monthly rents at one - twelfth (1/12) of thirty percent (30 %) of thirty five percent (35 %) of the Orange County median income. (b) Twenty five percent (25 %) of the total units constructed (twenty one (21) units) shall be designated as Affordable Units for very, very low- income households with monthly rents at one - twelfth (1/12) of thirty percent (30 %) of thirty five percent (35 %) of the Orange County median income, and twenty four percent (24 %) of the total units constructed (twenty (20) units) shall be designated as Affordable Units for very low income households with monthly rents at one - twelfth (1/12) of thirty percent (30 %) of fifty percent (50 %) of Orange County median income, to comply with the City of Anaheim Seniors Ordinance (Chapter 18.94). Rents shall be calculated based on one (1)- person family size for 0- bedroom units, two (2)- person household size for one (1)- bedroom units, and three (3)- person household size for two (2)- bedroom units. Such Agreement shall include appropriate rental controls as specified by the city, and the duration of the Agreement shall be for a period of thirty (30) years. If public financing is secured and such financing requires a greater level of affordability (i.e., additional units) and a longer affordability term, it shall be enforced. The total number of 'manager units' permitted for the subject Senior Citizen's Apartments shall be subject to review and approval by the Executive Director of the Community Development Department. The Anaheim Housing Authority shall be afforded a first right of refusal in referring eligible tenants to affordable units. Developer agrees to comply with all reporting requirements under the Affordable Housing Development program. After the Agreement has been recorded, a copy shall be provided to the Zoning Division and Community Development Department. 32. 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 through 8, and as conditioned herein. -7- 33. 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, 6, 7, 8, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27, 28 and 31, 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. 34. That prior to final building and zoning inspections, Condition No. 32, above - mentioned, shall be complied with. 35. 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 City Council 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 conditions, 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 is approved and adopted by the City Council of the City of Anaheim this l4th day of January, 2003 MAYOR OFT CIT OF ANAHEIM ATTEST: 48030.1 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 2003R -9 was introduced and adopted at a regular meeting provided by law, of the Anaheim City Council held on the 14th day of January, 2003, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS: Pringle, Tait, McCracken and Hernandez NOES: MAYOR/COUNCIL MEMBERS: Chavez ABSENT: MAYOR/COUNCIL MEMBERS: None 2 4 1 (" CFfY CLERK <)F THE OF ANAHEIM (SEAL) ITEM NO. 1A GOP 37 C RL 9 &99 -i 1 VAR 433 CHURCH RCL 9 &99-1 RCL 6465 -]5 RCL 98 -99 CC -11 SCHOOL RCL 6384118(4) RCL 5 &5] -2 VAR 3610 VAR 22]8 S CUP 310 YN7 2240 VAR 433 L VAR 2296 VAR 433 PI77A MARKET SMALL SHOPS 1 ORANGE COUNTY LIMITS: ORANGE AVENUE ANAHEIM CITY LIMITS z GG (BCC) RCL 9 &9&11 1 Z RCL W& 11 RCL 6485-47 GG (BCC) 1 W RCL 57 -5 &20 RCL 57 -5 &20 RCL 648576 CUP2004T4M4 CUP20 T4844 TLUP 2000.04194 CUP2189 CUP 3744 CUP 1742 1 RMA CUP2073 GUP2491 IN NOUT BURGE 1 RCL 6]8&]3 RCL67 -68-73 CUP 18% RESTAURANT RESTAURANT C -G (BCC) VAR 1970 VAR 1970 PCN 2004- nn 7 5 RCL 98 -99 -11 1 RG03 -92 -10 65 DU RCL 64- 6S723L h _ VAR 4182 R LC 9&9911 ° RCL 64 -65-13a 1 80U RGL57-5 &20 v RCL 59-60 -70i 1 SMALL GUP2004T4T44 64 -65 -13 U GOMM SHOPS BANK OF N¢ THE )NEST ALBERTSON'S _ RM-4 - H COMMERCIAL SHOPS RCL 67 -66 -73 RCL U &9911 GG (BCC) LU E RCL6485A8 RCL 9 &9911 U Q RCL 64-65 -48 CUP 4077 RCL 64x548 LU VAR 1970 CUP 109 CUP 109 �' 65 DU VAR 3437 OFFICE ANO RETAIL N PARKING C - G C -G (BCC) CUP 2003 -04814 RCL 98 -99 -11 c� RCL 98 -99 -11 VAR 3437 RCL 64$5 -13 CLEARBROOK LN CUP 6 2 -0 PROF CUP 2251 T -CUP 2005 -05005 :D CUP 1734 600' _ C -G (BCC) VAR 852 Y RCL 98 -99 -11 VACANT 0 ANAHEIM CITY LIMITS RCL64 -65-46 O ORANGE COUNTY LIMITS RL s sat [p T (sae) 10U RCL]2 -]323 RCL ]2 -]3 -06 C- G(BCC) cua iazs �a RS -2 RCL 96 -99-11 vgCANT RCL 9 &9911 1 DU EACH RCL 72 -73-23 RCL MOTEL 06 75R76 z4- 1 CUP 1325 OFFICE MOTEL REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL FOR A PREVIOUSLY - APPROVED ESTABLISHMENT OF AN EXISTING CHURCH WITHIN AN OFFICE BUILDING- 631 South Brookhurst Street - Orange Central Korean Church 1960 NIO4E AVE cc ( RCL 69 -70 -26 } RCL 96 -99-11 RCL 9 &9911 0 T -CUP 2002 -04511 R GIF 326 -33 R$ -2 (N T -CUP 2001 -04344 CUP 3159 1 DU EACH 7 J CUP 2469 PARKING LOT 0- O MOTEL B RESTAURANT Q U 1 U •1 1 AREANO.4 5 T] C1 (LOCAL BUSINESS) LMEDICAILOFFICES RCL 2005 -00147 11 1 STONYBROOK DRIVE Conditional Use Permit No- 2003 -04814 Subject Property TRACKING NO- CUP2005 -05005 Date: August 8, 2005 Scale: 1"=200' Requested By: STEVE SHELDON Q -S- No- 34 REQUEST FOR A RETROACTIVE EXTENSION OF TIME TO COMPLY WITH CONDITIONS OF APPROVAL FOR A PREVIOUSLY - APPROVED ESTABLISHMENT OF AN EXISTING CHURCH WITHIN AN OFFICE BUILDING- 631 South Brookhurst Street - Orange Central Korean Church 1960 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -C 1 -C. REPORTS AND RECOMMENDATIONS a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) b. CONDITIONAL USE PERMIT NO. 2003 -04814 REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL (Motion) (TRACKING NO. CUP2005- 05005) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 1.6 -acre property has a frontage of 100 feet on the west side of Brookhurst Street, a maximum depth of 600 feet and is located 450 feet south of the centerline of Orange Avenue (631 South Brookhurst Street— Orange Central Korean Church). REQUEST: (2) Karen Sully, Sheldon Group, authorized agent for the property owner, has submitted the attached letter, dated June 12, 2005, requesting a retroactive extension of time to comply with the conditions of approval for a previously approved church within an office building under authority of Code Section 18.60.170. BACKGROUND: (3) Conditional Use Permit No. 2004 -04831 (to permit the establishment of an existing 4,300 square foot church within an office building) was approved by the Planning Commission on January 26, 2004. (4) This is the applicants first request for an extension of time to comply with conditions of approval for the conditional use permit. The applicant is requesting this time extension to allow more time to complete conditions relative to parking and trash enclosure. (5) The property is developed with a 32,325 square foot office building CG (Commercial, General). The Anaheim General Plan Land Use Element Map designates this property for Low - Medium Density Residential land uses- DISCUSSION (6) This entitlement was approved on January 26, 2004, and expired on January 26, 2005. The applicant is requesting a one year retroactive extension of time. The Code requires the application for an extension of time be submitted within 180 days of the date of expiration (prior to July 26, 2005). The request for the time extension was received on June 21, 2005. This is the first request for a time extension to comply with conditions of approval, and Code allows the granting of a maximum of two time extensions subject to the findings contained in Code Section No. 18.60.170 of the Zoning Code. The applicant has indicated that the time extension is being requested due to conditions of approval that are currently in process, but have not yet been completed. :y:aKn yz�r�ra�r.Y�c��.rm Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -C (7) On June 8, 2004, the City Council adopted Resolution No. 2004R -95 and Ordinance No. 5920 which approved a comprehensive update of the Anaheim General Plan and an amendment of Title 18 Zoning Code in its entirety. Contained in Ordinance No. 5920 of the Zoning Code Update was Section 5c "Exemptions" which provided projects approved prior to June 8, 2004, an exemption from the new Zoning Code regulations provided the project was granted an extension of time by the approval authority. (8) An inspection by Community Preservation staff on July 11, 2005, indicates there are no existing code violations relative to the property. ENVIRONMENTAL IMPACT ANALYSIS: (9) Staff has reviewed the request for an extension of time to comply with conditions of approval and the previously approved Negative Declaration and finds there are no changes to the originally- approved Conditional Use Permit No. 2003 -04814 and that the request will not result in any significant adverse environmental impacts. Therefore, staff recommends that the previously- approved Negative Declaration serve as the required environmental documentation for this request- FINDINGS (10) Zoning Code Section No. 18.60.170 specifies that the applicant shall, within one year after receiving approval (or within any greater or lesser time limit specified in the Resolution of Approval) comply with all conditions imposed with time limits. In addition, subsection 18.60.170.020 specifies that before granting any request for an extension of time to comply with conditions of approval, the Commission must make a finding of fact that the following findings exist: (a) That the extension of time will not extend the approval beyond two extensions of time, with each extension not to exceed one year, or any greater or lesser time increment specified in the original resolution of the conditional use permit. (b) That the approval remains consistent with the General Plan and the zone district designation for the property. (c) That either no Code amendments have occurred that would cause the approval to be inconsistent with this title, or the applicant has (i) submitted revised plans demonstrating that the approved project can be modified to bring it into conformance with such Code amendments and (ii) agreed to modify the project to conform to such Code amendments. (d) That the subject property has been 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 Community Preservation Division. (e) That no additional information or changed circumstances are present which contradict the facts necessary to support one or more of the required findings for approval of the project. Page 2 Staff Report to the Planning Commission August 8, 2005 Item No. 1 -C RECOMMENDATION: (11) 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 meeting, that the Commission take the following actions: (a) By motion, determine that the previously- approved Negative Declaration is adequate to serve as the appropriate environmental documentation for this project. (b) By motion, approve the request for a one -year retroactive extension of time to comply with conditions of approval to expire January 26, 2006, based on the following: (i) That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. (ii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iii) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2003 - 04814. Page 3 August 8, 2005 Steve Sheldon Law Office of Steve Sheldon 660 Newport Center Drive, Suite 950 Newport Beach, CA 92660 Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of August 8, 2005. 1. REPORTS AND RECOMMENDATIONS: C (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (b) CONDITIONAL USE PERMIT NO. 2003 -04814 (Tracking No. CUP2005- 05005) Agent: Karen Sully, Law Office of Steve Sheldon, 660 Newport Center Drive, Suite 950, Newport Beach, CA 92660 Location: 631 South Brookhurst Street Requests a one year retroactive extension of time to comply with conditions of approval for a previously approved establishment of a 4,300 square foot church within an existing office building with waivers of minimum setback, minimum parking lot landscaping, and minimum number of parking spaces. 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 Negative Declaration is adequate to serve as the required environmental documentation for subject request. Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION CARRIED, that the Anaheim Planning Commission does hereby approve the request for a one (1) year retroactive extension of time to expire on January 26, 2006, based on the following: (i) That this is the first request for a time extension and Code permits a maximum of two requests for extension of time to comply with conditions of approval. (ii) That the property has been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code violations affecting this property. (iii) That there is no information or changed circumstances which contradict the facts necessary to support one or more of the required findings for approval of Conditional Use Permit No. 2003 - 04814. Sincerely, Eleanor Morris, Senior Secretary Anaheim Planning Commission C U P2005 -05005 mn_ excerpt. doc 0 RESOLUTION NO. PC2004 -9 Attachment - R &R 1 -C A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2003 -04814 BE GRANTED 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 1 OF MAP 79 -231, IN THE CITY OF ANAHEIM, AS PER MAP FILED IN BOOK 141, PAGE(S) 32 AND 33 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 12, 2004 at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 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 that said public hearing was continued to the January 26, 2004 Planning Commission meeting in order to advertise a parking waiver; 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 18.44.050.130 to permit a 4,300 square foot church in a 32,325 square foot office building with waivers of the following: (a) Section 18.04.042.020 - Minimum setback for institutional uses adiacent to a residential zone boundary ( feet required; 5 feet existing and proposed adjacent to unincorporated single - family residential zoning to the west, and none to 1 -foot existing and proposed adjacent to RS -1200 (Residential, Multiple - Family) zoning to the northwest) (b) Sections 18.04.060.050 - Minimum parking lot landscaping 18.06.030.040 (maximum 10 adjacent parking spaces in a row required to and 18.44.066.030 be separated by four. minimum 5 -foot wide. landscaped breaks no landscaped breaks existing or proposed) (c) Sections 18.06.050.020.021.0212 - Minimum number of parking spaces 18.06.050.020.026.0266 ( 164 spaces required; 136 spaces proposed and concurred and 18.41.066.050 with by the City Traffic and Transportation Manager) 2. That waiver (a), minimum setback for institutional uses adjacent to a residential zone boundary, is hereby approved because the 4,300 sq.ft. church is proposed in an existing 32,325 sq.ft. office building with site improvements; that the church will occupy only a portion of the office building (13 %); that the adjoining RM -1200 development to the northwest includes carports with a 6 -foot high parapet block wall along 263 feet of the shared property line as shown on the approved site plan (Exhibit 1); and that strict application of the Zoning Code would deprive this property of privileges granted to other existing CL(BCC) (Commercial, Limited — Brookhurst Commercial Corridor Oerlay) zoned properties in the vicinity. cr \PC2004- 009.doc -1- PC2004 -9 0 0 3. That waiver (b), minimum parking lot landscaping, is hereby approved because the office building and parking lot configuration and improvements are existing uses; that the waiver pertains to only four required landscaped breaks and seven existing planters in the parking lot provide a total of 2,480 square feet of landscaping; that the parking lot cannot be seen from Brookhurst Street and, therefore, the aesthetic benefits of additional parking lot trees would not be realized when viewed from the street; that there is a substantial amount of existing mature and well- maintained landscaping within the parking lot, which exceeds the overall square footage Code requirement; and that special circumstances are applicable to the property since it is already developed with an office building and only a portion of it will be used for the church and, therefore, strict application of the Zoning Code would deprive this property of privileges enjoyed by other CL(BCC) zoned properties with existing buildings. 4. That waiver (c), minimum number of parking space, is hereby approved based on the parking study prepared by Katz, Okitzu and Associates (dated October 29, 2003) and the determination by the City Traffic and Transportation Manager that an adequate parking supply exists for the proposed combined uses on the property, as discussed in paragraphs (18) and (19) of the Staff Report to the Planning Commission dated January 26, 2004. 5. That the parking waiver will not, under the conditions imposed, cause fewer off - street parking spaces to be provided for the proposed use than the number of spaces necessary to accommodate all vehicles attributable to such use under the normal and reasonably foreseeable conditions of operation of the use. 6. That the parking waiver, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity of the proposed use. 7. That the parking waiver, under the conditions imposed, 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 the Anaheim Municipal Code pertaining to location of required parking spaces for Nonresidential Uses). 8. That the parking waiver, under the conditions imposed, will not increase traffic congestion within the off - street parking areas or lots provided for the proposed use. 9. That the parking 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. 10. That churches are a conditionally permitted use in the CL(BCC) Zone and, as conditioned herein, the proposal will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 11. That the size and shape of the site is large enough to support the church and other office uses in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. 12. That the traffic generated by the proposed church will not, under the conditions imposed, impose an undue burden on the streets and highways in the area. 13. That granting this conditional use permit, under the conditions imposed (including the prohibition of day care facilities and /or private schools accessory to the church), will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. 14. That one concerned person spoke at the January 12, 2004 public hearing. -2- PC2004 -9 0 0 15. That no one indicated their presence at the public hearing on January 12 or January 26, 2004 in opposition to the proposal, and no correspondence was received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning Commission has reviewed the proposal to permit a 4,300 square foot church in a 32,325 square foot office building with waivers of (a) minimum setback for institutional uses adjacent to a residential zone boundary, (b) minimum parking lot landscaping and (c) minimum number of parking spaces on a rectangularly- shaped 1.6 -acre property having a frontage of 118 feet on the west side of Brookhurst Street and a maximum depth of 600 feet, being located 534 feet south of the centerline of Orange Avenue, and further described as 631 South Brookhurst Street (proposed Orange Central Korean Church); 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 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 restrooms shall be accessible only through the interior of the building. 2. That four (4) foot high numerical address numbers shall be displayed on the flat area of the building roof in a contrasting color to the roof material in a manner not visible to the adjacent streets or properties. Said information shall be specifically shown on plans submitted to the Police Department, Community Services Division, for review and approval. 3. Proposed Condition No. 3 was intentionally deleted at the January 26, 2004 public hearing. 4. Proposed Condition No. 4 was intentionally deleted at the January 26, 2004 public hearing. 5. That trash storage area(s) shall be provided and maintained in location(s) acceptable to the Public Works Department, Streets and Sanitation Division, and in accordance with approved plans on file with said Department. Said storage area(s) shall be designed, located and screened so as not to be readily identifiable from adjacent streets or highways. The walls of the storage area(s) shall be protected from graffiti opportunities by the use of plants such as clinging vines or tall shrubbery. Said information shall be specifically shown on plans submitted to the Public Works Department, Streets and Sanitation Division, for review and approval. 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. That an on -site trash truck turn - around area shall be provided in accordance with Engineering Standard Detail No. 610 and maintained to the satisfaction of the Public Works Department, Streets and Sanitation Division. Said turn - around area shall be specifically shown on plans submitted to the Pubilc Works Department, Streets and Sanitation Division, for review and approval. 8. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval showing conformance with the current versions of Engineering Standard Plan Nos. 436, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said approved plans. Said plans shall provide for adequate handicapped parking spaces and relocation of the existing trash pick -up area. -3- PC2004 -9 9. That the church hours of operation shall be limited to 10:00 a.m. to 5:00 p.m., Monday through Friday for general office hours, and 8:00 a.m. to 4:00 p.m. for Saturday services. The church shall be permitted to have three (3) weeklong conferences /seminars per year. All church activities shall end before 10 p.m., except on special church holidays. 10. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 11. That the proposal shall comply with all signing requirements of the CL(BCC) (Commercial, Limited - Brookhurst Commercial Corridor Overlay) Zone unless a variance allowing sign waivers is approved by the Planning Commission or City Council. Any new signs shall be submitted to the Zoning Division for review and approval. Any staff decision regarding such signs may be appealed to the Planning Commission as a 'Reports and Recommendations' item. 12. That no unscreened roof- mounted equipment shall be permitted. 13. That no accessory day care facilities or private schools shall be permitted in connection with this church on this property. 14. That the owner of subject property shall submit a letter to the Zoning Division requesting termination of Variance No. 3437 (waiver of minimum number of parking spaces to establish a vocational training school) and Conditional Use Permit No. 109 (to permit and construct a drive -in restaurant). 15. That the number of congregants attending this church shall be limited to one hundred (100), as indicated by the applicant. 16. That one (1) additional tree shall be planted within the front landscaped setback adjacent to Brookhurst Street. Said tree shall be of similar species to the existing trees. 17. 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 through 3, and as conditioned herein. 18. That prior to the commencement of the activity herein approved or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 5, 6, 7, 8, 14, 16 and 17, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 (Time Limit for Amendments, Conditional Use Permits, Administrative Use Permits, Variances and Administrative Adjustments) 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 unless conditions to the contrary were expressly imposed upon the granting of the parking waiver by the Planning Commission, the granting of said waiver shall be deemed contingent upon operation of the approved 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 parking 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 waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 (Termination or Modification of Amendments, Conditional Use Permits or Variances - Procedure) and 18.03.092 (Termination or Modification of Conditional Use Permits or Variances - Grounds) of the Anaheim Municipal Code. -4- PC2004 -9 I 0 E AND 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 January 26, 2004. (ORIGINAL SIGNED BYJAMES VANDERBILT - LINARES) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on January 26, 2004, by the following vote of the members thereof: AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT - LINARES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -5- PC2004 -9 ttachment - R &R 1 -C Public Affairs • Land Use • Law June 15, 2005 \ 1 N9n171- 4 Mr. Greg McCafferty, Principal Planner City of Anaheim Planning Department JUN 20o5 200 S. Anaheim Blvd. RECEIVED ZONING Anaheim, CA 92805 g DIVISION Dear Mr. McCafferty, Re: Request for Time Extension to Comply with Conditions of Approval for CUP 2003- 04814 — 631 South Brookhurst Street; APN 127- 231 -34 and APN 127- 231 -61; Orange Central Korean S.D. A. Church, Applicant On behalf of our client, Orange Central Korean Church, we are submitting this request for a one year (12 months) extension of time to comply with the conditions of approval for CUP 2003- 04814 approved January 26, 2004 by the Anaheim Planning Commission. CUP 2003 -04814 permitted the establishment of a church within an existing 32,325 square foot two -story office building. The church is comprised of administrative offices and a sanctuary. No day care or private school was proposed or approved in connection with the church. Through this CUP, the church is permitted to occupy 4,300 square feet of the two -story office building and office tenants would continue to occupy the remaining 28,025 square feet. Currently, the office building is occupied with the church and a mix of tenants; as such, the property is well maintained and in very good condition. Additionally, there are no code enforcement violations associated with the property. While the property owner (church) is working on compliance with the conditions of approval, they are also preparing to submit an application for an amendment to the CUP in order to develop and construct an approximately 5,986 square foot church addition. The purpose of the addition is to separate the sanctuary from the rest of the building and to provide a more formal, private and permanent area for church service. The church will expect a small amount of growth over the next 5 years and will request a small increase in the seating capacity via the proposed addition. With regard to the CUP Amendment, the applicant has prepared a revised parking study for the church addition and has submitted it for transportation department review. As such, we are currently working with Mr. Alfred Yalda of the City's transportation department on parking related items. We are also working towards compliance with certain traffic and parking related conditions, sanitation and other conditions on the CUP as we are incorporating many into the new site plan and site design for the church addition subject of the forthcoming CUP Amendment application. To date, some conditions have already been satisfied. Additionally, in preparation for the submittal of an Amendment to the CUP, a WQMP has been prepared for the church addition and has been approved by Mr. James Ling of the City's public works department. CUP N0. 2003 04814 (9GROUP 901 Dove Street Suite 140, Newport Beach, CA 92660 • phone 949777-9400 • fax 949- 777 -9410 • web wwwsheldongrp.com Riverside 951 - 300 -2220 San Diego 619 - 233 -7135 Mr. Greg McCafferty June 15, 2005 Page 2 of 2 We anticipate submittal of a pre -file application for the church addition in the next couple of weeks but in the mean time, want to pursue this request for an extension of time on the existing CUP approval to be assured that the approval is extended should our timing on the pre -file submittal be delayed for any reason. We respectfully request City consideration and approval of our Time Extension application. Please feel free to contact me should you have any questions or concerns in this regard. Sincerely, 1� Karen S. Sully, Project Manager & Applicant's Representing Agent Sheldon Group Attachments/Enclosures: 1) Depositor's Trust Fund (D.T.F.) Deposit of $1,500.00 and completed D.T.F. form 2) Copy of first page of new CUP Application indicating owner /agent authorization (notarized) 3) Photographs of the subject property (two sets) cc: Mr. James Hahn, Orange Central Korean Church Dr. Byung Pak, Orange Central Korean Church CUP N0. 2003-04814 003 - 0 4 8 1 4 0 0 Attachment - R &R 1 -C Staff Report to the Planning Commission January 26, 2004 Item No. 3 3a. CEQA NEGATIVE DECLARATION (READVERTISED) (Motion) 3b. WAIVER OF CODE REQUIREMENT (Motion) 3c. CONDITIONAL USE PERMIT NO. 2003 -04814 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 1.6 -acre property has a frontage of 118 feet on the west side of Brookhurst Street, a maximum depth of 600 feet and is located 534 feet south of the centerline of Orange Avenue (631 South Brookhurst Street — Orange Central Korean Church). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section 18.44.050.130 to permit a 4,300 square foot church within a 32,325 square foot office building with waivers of the following: (a) SECTION NOS. 18.04.042.020 - AND 18.44.063 (b) SECTION NOS. 18.04.060.050 - AND 18.44.066.030 Minimum setback for institutional uses adjacent to a residential zone boundary (15 feet required; 0 to 5 feet proposed) Minimum parking lot landscaping (one landscaped break required per 10 spaces in a row; no landscaped breaks proposed in the parking lot) (c) SECTION NOS. 18.06.050.0266 - Minimum number of parking spaces (164 required; 136 proposed and recommended by the Traffic and Transportation Manager) BACKGROUND: (3) This property is developed with a 32,325 square foot office building and has been zoned CL (BCC) (Commercial, Limited; Brookhurst Commercial Corridor Overlay) since 1965. This property is located in the West Anaheim Commercial Corridors Redevelopment Project Area and General Plan Land Use Element Map designates this property for General Commercial land uses. (4) The surrounding General Plan designations are as follows: Direction General Plan Designation North General Commercial and Medium Density Residential East across Brookhurst Street General Commercial South General Commercial West Low Density Residential sr1141cw.doc � / I 7 Page 1 0 0 Staff Report to the Planning Commission January 26, 2004 Item No. 3 PREVIOUS ZONING ACTIONS (5) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 4077 (to permit a church with waivers of minimum setback adjacent to residential zones, minimum parking lot landscaping and minimum number of parking spaces [121 proposed; 148 required]) was approved by the Commission on November 23, 1998. At the request of the property owner. the Commission terminated this permit on September 11, 2000. (b) Variance No. 3437 (waiver of minimum number of parking spaces to establish a vocational training school) was approved by the Commission on November 14, 1984. This permit is not being exercised and should be terminated (c) Conditional Use Permit No. 109 (to permit and construct a drive -in restaurant) was approved by the Planning Commission on April 3, 1961. This permit is not being exercised and should be terminated. PROPOSAL: (6) The petitioner proposes to establish a church within an existing two -story office building. The church would be comprised of administrative offices and a sanctuary. No daycare or private school is proposed in connection with this church. The church would occupy 4,300 square feet of this two -story office building and office tenants would continue to occupy the remaining 28,025 square feet. (7) The site plan (Exhibit No. 1) indicates that the existing building is setback 10 feet from Brookhurst Street, 0 to 43 -feet from the north property line, 250 -feet from the west property line and 5.5 feet from the south property line. Plans further indicate a 6 -foot wide landscaped setback immediately adjacent to the west property line to buffer the parking lot from the abutting single - family residences (8) Floor plans (Exhibit Nos. 2 and 3) indicate that the church would occupy 4,300 square feet on the first floor of the existing 32,325 two -story office building. The church would consist of a 1,410 square feet of sanctuary/assembly area and 2,890 square feet of church offices. The floor plans indicate the sanctuary area would include 100 non -fixed seats. The church does not propose to utilize the second floor. (9) Vehicular access is provided by one covered driveway (14.5 foot high clearance) on Brookhurst Street. A total of 136 parking spaces are proposed to serve the church and office tenants within the two -story office building. Code requires a minimum of 164 spaces based on the following: Use Area Code required parking ratio, Number of spaces required Business 28,025 s.f. 4 spaces per 1,000 square feet 112 Office Proposed 1,410 s.f. 29 spaces per 1,000 square feet of 52 Church (sanctuary) assembly area plus 4 spaces per 2,890 s.f. 1,000 square feet of office area office Total 32,325 s.f. 1 164 Page 2 E 0 Staff Report to the Planning Commission January 26, 2004 Item No. 3 (10) The submitted photographs and site inspection indicate a two -story building with exterior building materials consisting primarily of stucco, a tiled roof mansard, typical store -front windows with wooden accents and additional architectural embellishments including false arches and columns. No exterior modifications area proposed. (11) Photographs indicate an existing mature, well maintained planter area within the 10 -foot wide setback area adjacent to Brookhurst Street, including 5 trees, shrubs and groundcover. A site inspection and photographs indicate existing landscaped planters containing 7 mature trees and groundcover along the northwest property line (abutting an apartment complex), 5 trees with groundcover and vines adjacent to the 5 -foot high wall on the west property line (abutting single - family residences), 15 trees and vines adjacent to the 6 -foot high wall along the southwest property line (abutting undeveloped property) and existing shrubs adjacent to the northeast property line (abutting a Honeybake Ham facility). Plans also indicate an existing 6- foot high wall along the south property line that transitions to a 2 -foot high wall near the west property line (adjacent to undeveloped property). The applicant has indicated that the proposed church, also the owner of the property, intends to add to the 2 -foot portion to match the existing 6 -foot high wall. Code requires a 15 -foot wide, fully landscaped setback for institutional uses abutting a residential zone boundary and a 10 foot -wide landscaped setback adjacent to Brookhurst Street. Trees are also required at a ratio of 1 tree per 20 feet of street frontage along Brookhurst Street (6 trees), trees planted on 20 -foot wide centers adjacent to the south (residential) property line and 1 tree separating every 10 parking spaces within the parking lot. (12) Photographs and site inspections confirmed that there are no freestanding signs on the property. Sign plans were not submitted with this request. The applicant has indicated no new signs are proposed at this time. The applicant intends to use the existing on -site directories to direct congregants to the facility. Page 3 South elevation of 631 S. Brookhurst — Orange Central Korean Church. 9 E Staff Report to the Planning Commission January 26, 2004 Item No. 3 (13) The letter of operation indicates that the primary church operations would be conducted on Saturday, with assembly /worship services ranging from 9:30 a.m. to 12 noon and the sanctuary is also open 8 a.m. to 4 p.m. for fellowship and bible study. General office hours would be 10 a.m. to 5 p.m., Monday through Friday. The letter of operation also indicates that bible study would be conducted 7 p.m. to 10 p.m., on two weekday evenings. Special conferences, which occur approximately 3 times a year, would be held during the week 7 p.m. to 10 p.m. The letter indicates there are approximately 100 congregants. ENVIRONMENTAL IMPACT ANALYSIS: (14) 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 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. GROWTH MANAGEMENT ELEMENT ANALYSIS: (15) The proposed project has been reviewed by affected City departments to determine whether it conforms with the City's Growth Management Element adopted by the City Council on March 17, 1992. Based on City staff review of the proposed project, it has been determined that this project does not fit within the scope necessary to require a Growth Management Element analysis, therefore, no analysis has been performed. EVALUATION: (16) Waiver (a) pertains to minimum setback for institutional uses (including churches) abutting residential zones. Code requires a 15 -foot wide landscaped setback adjacent to the west property line abutting the RS -7200 zone boundary and adjacent to the north property line abutting the RM -1200 zone boundary. Plans indicate an existing 5 -foot wide landscaped setback between the church parking lot and the single - family residences adjacent to the west property line, and a 0- to 1 -foot wide landscaped setback between the church parking lot and the carports of the apartment complex, which abut the north property line. The structural setback from the west property line (adjacent to rear yards of single - family homes) is over 200 feet with parking area to buffer the existing two -story building from the single - family neighborhood. This waiver also pertains to the northwest corner of the property with carports for the apartment complex abutting the parking lot of the subject property. Staff feels that existing parking and landscape areas would maintain a buffer for the residential properties, moreover, the church is not the primary use of the property as the building is shared with office tenants. Therefore, staff recommends approval of this waiver. (17) Waiver (b) pertains to minimum parking lot landscaping. Code requires a 48 square foot landscaped break for every 10 parking spaces in a row. Plans indicate several areas within this existing parking lot where there are more than 10 spaces in a row without a landscaped break. The requested waiver of four 4 required landscaped breaks would reduce the total required parking lot landscaping by 192 square feet (4 landscape breaks x 48 square feet/break = 192 square feet). The plans also indicate 7 existing planters within the parking lot providing a total of 2,480 square feet of landscaped area. A site inspection confirmed that most of the parking lot cannot be seen from the street and therefore, the aesthetic benefits of additional parking lot trees would not be realized when viewed from Brookhurst Street. Page 4 0 Staff Report to the Planning Commission January 26, 2004 Item No. 3 Moreover, the church would not be the primary use of the property as the building is shared with office tenants. Therefore, staff recommends approval of this waiver. (18) Waiver (c) pertains to minimum number of parking spaces. Code requires a minimum of 164 spaces for the combined uses on the property as described in paragraph (9) of this report. Plans indicate a total of 136 spaces proposed in connection with this request. The petitioner has submitted a parking study prepared by Katz, Okitzu and Associates (dated October 29, 2003) which has been approved by the City Traffic and Transportation Manager who finds that this use will not adversely affect the existing parking supply. (19) The parking study identifies the following findings to substantiate the approval of the requested waiver: a. The parking study indicates that the parking demand for off - street parking spaces is lower than the quantity provided on the parcel. There is a surplus of parking spaces on the parcel. b. The proposed project will not increase demand for parking on any streets in the vicinity. The proposed project will not cause any demand for parking on private property in the vicinity. An adequate supply of parking is provided on the site and all project related parking is expected to occur on the parcel. The amount to parking demand forecast for the site is well within the supply provided on site. Traffic and parking congestion will not occur because the overall demand for parking at the site is lower than the amount of parking provided and a surplus of parking spaces is expected to exist on the site at all times. Page 5 View of parking lot adjacent to single - family residences and apartment complex. �' 0 Staff Report to the Planning Commission January 26, 2004 Item No. 3 e. The proposed project will not impede vehicular ingress or egress, because the project is not expected to result in the increased demand for on- street parking within the vicinity of any driveways or other location in the project vicinity. Sight lines and turning areas for existing driveways at public streets will be unaffected by parking for the proposed project." (20) This site is located within the West Anaheim Commercial Corridors Redevelopment Project Area. The Community Development Department concurs with Planning Department staffs recommendation for approval. (21) Staff was initially concerned with the use of a portion of this office building for a church adjacent to a single - family residential neighborhood. Church proposals often include other daily uses, such as day care facilities and private schools, which change the character of the property and create a more intense use abutting residential uses. This request, however, does not include any day care or private school facilities, and provides a significant amount of parking area for church activities. The existing landscaping has been well maintained. In consideration of the operations of the church and the substantial buffer between the existing residences and the building, staff recommends approval of the request for a church at this location. FINDINGS: (22) 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. (23) Section 18.06.080 of the parking ordinance sets forth the following findings, which are required to be made before the parking waivers are approved by the 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 (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 Page 6 0 Staff Report to the Planning Commission January 26, 2004 Item No. 3 (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 waiver pursuant to this Section by the 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 waiver which shall subject said waiver to termination or modification pursuant to the provisions of Sections 18.03.091 and 18.03.092 of this Code. (24) 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 the Zoning Code, or that said use is not listed therein as being a permitted use; (b) That the proposed use will not adversely affect the adjoining land uses and 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 proposed use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare; (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 under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. RECOMMENDATION: (25) 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 take the following actions: (a) By motion, approve the CEQA Negative Declaration. (b) By motion, approve waivers pertaining to (a) minimum setback for institutional uses adjacent to a residential boundary, (b) minimum parking lot landscaping and (c) minimum number of parking spaces based on the following: (i) That for waiver (a) minimum setback for institutional uses from a residential zone boundary, staff recommends approval based on the fact that the building and the parking lot are existing features on the property, and that the residential uses are screened from the church activities by existing Page 7 Staff Report to the Planning Commission January 26, 2004 Item No. 3 landscaping. The property has special circumstances since it is already developed with an office building and only a portion of the building would be used for church purposes; therefore, strict application of the Zoning Code would deprive this property of privileges granted to other existing CL (BCC) zoned properties within the vicinity. (ii) That waiver (b) pertaining to minimum parking lot landscaping should be approved considering the substantial amount of existing mature, well - maintained landscaping within the parking lot (2,480 square feet), which exceeds the overall square footage Code requirement. Special circumstances are applicable to the property since it is already developed with an office building, only a portion of which would be used for a church and therefore, strict application of the Zoning Code would deprive this property of privileges enjoyed by other existing CL (BCC) zoned properties with existing buildings. (iii) That waiver (c) pertaining to minimum number of parking spaces, should be approved based on the submitted parking study and the determination by the City Traffic and Transportation Manager that an adequate parking supply exists for the combined uses on the property and based upon the findings contained in paragraphs 18 and19 of this report. (c) By resolution, approve Conditional Use Permit No. 2003 -04814 (to permit a church within a 32,325 square foot office building) based on the following: (i) That the church is listed as a conditionally permitted use within the CL (BCC) Zone, and as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. (ii) That the size and shape of the site is large enough to support the church and other office uses in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare. (iii) That the traffic generated by the proposed church would not impose an undue burden on the streets and highways as substantiated in the parking study and the findings as described in paragraphs 18 and 19 of this report. (iv) That the granting of this conditional use permit under the conditions imposed (including the prohibition of day care facilities and /or private schools accessory to the church), would not be detrimental to the peace, health, safety, and general welfare of the citizens of the City of Anaheim. That the restrooms shall only be accessible through the interior of the building. 2. That four (4) foot high numerical address numbers shall be displayed on the flat area of the roof in a contrasting color to the roof material in a manner not visible to the street or adjacent properties. Said information shall be specifically shown on plans submitted for the Police Department, Community Services Division approval. 3. 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 Page 8 Staff Report to the Planning Commission January 26, 2004 Item No. 3 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. 4. That no outdoor special events shall be permitted in connection with the church. 5. 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 clinging vines or tall shrubbery. Said information shall be specifically shown on the plans submitted for Public Works Department, Streets and Sanitation Division approval. 6. 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. 7. That an on -site trash truck tum- around area shall be provided per Engineering Standard Detail No. 610 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 Public Works Department, Streets and Sanitation Division approval. 8. 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, 601 and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon be developed and maintained in conformance with said plans. Said plans shall provide for adequate handicapped parking spaces and relocation of the existing trash pick -up area. 9. That the hours of operation shall be limited to 10:00 a.m. to 5:00 p.m., Monday through Friday for general office hours and 8:00 a.m. to 4:00 p.m., for Saturday services. The church shall be permitted 3 weeklong conferences /seminars per year. All church activities shall end before 10 p.m., except on special church holidays. 10. That all existing mature landscaping shall be maintained and immediately replaced in the event that it becomes diseased or dies. 11. That the proposal shall comply with all signing requirements of the CL (BCC) Zone unless a variance allowing sign waivers is approved by the Planning Commission. Any new signage shall be submitted to the Zoning Division for review and approval. Any staff decision regarding said signage may be appealed to the Planning Commission as a "Reports and Recommendations" item. 12. That no unscreened roof - mounted equipment shall be permitted. 13. That there shall be no accessory day care facilities or private schools permitted on this property. 14. That the owner of subject property shall submit a letter requesting termination of Variance No. 3437 (waiver of minimum number of parking spaces to establish a vocational training school) and Conditional Use Permit No. 109 (to permit and construct a drive -in restaurant) to the Zoning Division. 15. That the number of congregants shall be limited to 100 as indicated by the applicant. 16. That one (1) additional tree shall be planted within the front landscape setback adjacent to Brookhurst Street. Said tree shall be of similar species to the existing trees. Page 9 Staff Report to the Planning Commission January 26, 2004 Item No. 3 17. 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 through 3, and as conditioned herein. 18. That prior to the commencement of the activity or within a period of one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 2, 3, 5, 6, 7, 8, 14, 16 and 17, 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. 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. Page 10 ITEM NO. 1A G -G 1 ,40 " RG 10 95g1 S 2 G -G 0 R GUP G \ ( \ZES RNL4 R 0 �� 26 SEPP p,R� RCL 71-72- 444(10) RCL 70 G U1 0 Al ob c -c RCL 70.71 -33 G \3? 1 8S c 70 -71 -26 T VPR4,151 p aloe VAR 2553 RCL 70 -71 -33 VPRSS. lc S5ab) CONDOS T -CUP 2001 -04459 UP aya3 CUP 2809 CUP 6 VAR 4218 SENIOR CITIZEN'S R 10' 00 T APARTMENTS C P 0 5,0 5 0 4 Sq SH GPP \NR RCL 70.71 -33 G , G 4 , o CU �Op 399? GENTS CUP 2809 Cy"I� 1 Go '340 VAR 4218 > A Rcv �o.lra VPR 6118 VACANT p c°�o1, yq v 4 g GUP3655 2 01 352 G GUp aa4� S GUP 3 43 5 PUp sa,2 G UP 3525} � p y y °al GUP 169 11 � 3 3 503} P 1 CU 5 3gp )R CITIZEN'S C -C 4,0 P S C-C .RTMENTS Rd 71-33 vPR g11a Rc1 - �oa 1- C_G R d9 0- 1 1.26 V PR R CL 10 .11. 2 00 RCL 77 -783 (2) RC p05A50h5'\ OPP \NC' RCL p0 5- 0 RCL 73 -74 -46 CUP 2 -0 Sc GUP 22.0p1-0,31 RCL 71 -72 -44 /li GUP G& 3 3611 RCL 70.71 -26 C' 11'10 C CUP 434 05 RCL 70. 411 71 -33 y \J 65 CUP 2622 Rd. �p�1 - 3 6011 1 Mpg Q CUP 2397 CJ? 2003g �cUP 350 Q RM-4 PC C -G (PC) (SC) ^. GUP 3311 IIGUP RCL 71-72-44 �" 5 (10 RCL 77- 78 -63(1) .✓ G 196 p"� RCL 70.71 -26 ) 73 -74 -4 RCL 73 -74 -06 CUP 4, 3 4,0 S ��\ 71 -72 -44 RCL 71 -72 -04 1J 4118 E \ RVAR2553 71 - 3 3 ZCL 77 -78 -63(2) RCL 70 -71 -26 �OPYGPR Q` CONDOS RCL 70 -71 -33 O �� RCL 70 -71 -33 VAR 4172 ADJ 0156 CUP 2622 MEDICAL CUP CUP 1981 S OFFICES O -L (PC) (SC) C -G (PC) (SC) RCL 74 -75 -40 RCL 77 -78-63 (1) RCL 71 -72 -44 CL 7 4-46 RCL 73 -74-46 CUP 1981 S RCL 70.71 -26 C 1 -72-44 RCL 71 -72-44 RCL 70.71 -33 ,.L 70 -71 -26 RCL 70 -71 -33 OFFICES RCL 70 -71 -26 VAR 4172 Conditional Use Permit No. 2005 -05000 Subject Property Date: July 25, 2005 Scale: 1"=200' Requested By: AMERICAN INVESTMENTS /CHINO LLC Q.S. No. 192 REQUEST TO PERMIT A RETAIL MARKET (FRESH VEGETABLES AND FRUIT) WITHIN AN EXISTING COMMERCIAL SHOPPING CENTER. 464 South Anaheim Hills Road 1912 2 ��. t..• r !��w tro w • "�, ; t o 4 O Date of Aerial Photo: May 2002 Conditional Use Permit No. 2005 -05000 Subject Property Date: July 25, 2005 Scale: 1" = 200' Requested By: AMERICAN INVESTMENTS /CHINO LLC Q.S. No. 192 REQUEST TO PERMIT A RETAIL MARKET (FRESH VEGETABLES AND FRUIT) WITHIN AN EXISTING COMMERCIAL SHOPPING CENTER. 464 South Anaheim Hills Road 1912 Staff Report to the Planning Commission August 8, 2005 Item No. 2 2a. CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion) 2b. CONDITIONAL USE PERMIT NO. 2005 -05000 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped 10.6 -acre property consists of several parcels located north and east of the northeast corner of Nohl Ranch Road and Anaheim Hills Road with frontages of 517 feet on the north side of Nohl Ranch Road and 430 feet on the west side of Canyon Rim Road (440 South Anaheim Hills Road - Anaheim Hills Plaza). REQUEST: (2) The applicant requests approval of a Conditional Use Permit under authority of Code Section 18.08.030.0402 to permit a retail market (fresh vegetables and fruit) within an existing commercial shopping center- BACKGROUND (3) This item was continued from the July 25, 2005, Planning Commission meeting because the property owner was out of town. (4) This property is currently developed with a 72,434 square foot commercial center and is zoned CG (SC) (General Commercial, Scenic Corridor Overlay). The General Plan Land Use Element Map designates this property for Neighborhood Commercial land uses. Properties to the north and west (across Anaheim Hills Road) are designated for Low - Medium Density Residential land uses and properties to the east (across Canyon Rim Road) and south (across Nohl Ranch Road) are designated for Office Low land uses. PREVIOUS ZONING ACTIONS: (5) The following zoning actions pertain to this property: (a) Conditional Use Permit No. 2001 -04454 (to permit on- premise sales and consumption of beer and wine in conjunction with a full - service restaurant in an existing commercial retail shopping center) was approved by the Planning Commission on November 1, 2001 (430 -D South Anaheim Hills Road). (b) Conditional Use Permit No. 3997 (to permit a 2,100 square foot full - service veterinary clinic within an existing commercial center) was approved by the Commission in 1998 (430 South Anaheim Hills Road, suites G, H, I and J). (c) Conditional Use Permit No. 3877 (to permit a 2,484 square foot expansion, outdoor seating and sales of alcoholic beverages for on- premises consumption for an existing 2,400 square foot restaurant (total of 4,884 square feet) with waiver of permitted number of wall signs) was approved by the Planning Commission in 1996 (470 — 478 South Anaheim Hills Road — Bella Cucina). (d) Variance No. 4178 (waiver of permitted type of freestanding signage and permitted location of freestanding signs to construct a 6 -foot high, 60 square foot shopping center identification sign and to retain a 6 -foot high, 60 square foot shopping center identification sign) was approved by the Planning Commission in 1992 . cup2005- 05000mn_sr _pc08 -08 -05 revised.cim Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 2 (e) Conditional Use Permit No. 2866 (to permit a child day care center with waivers of maximum fence height, minimum structural setback, and maximum number of wall signs) was approved by the City Council in 1987 following approval by the Planning Commission (490 South Anaheim Hills Road). PROPOSAL: (6) The applicant proposes to establish a small retail produce market (5000 square feet) offering fresh vegetables, fruits, and blended fruit juices within an existing commercial retail shopping center. View of Anaheim Hills Shopping Center from Anaheim Hills Road (7) The site plan (Exhibit No. 1) indicates that the proposed retail market would occupy an existing 5,000 square foot tenant space within a commercial retail shopping center and the floor plan (Exhibit No. 2) indicates that the proposed market will include an approximate Page 2 View of Proposed Retail Market Staff Report to the Planning Commission August 8, 2005 Item No. 2 436 square foot juice shop area that can accommodate up to 8 seats, an approximate 1,560 square foot preparation /storage area, and men's and women's restrooms. The elevation plan (Exhibit No. 3) indicates no significant modifications are proposed to the building's exterior. (8) The submitted sign plan (Exhibit No. 4) indicates a 32 square foot (a maximum 2 feet high x 16 feet long) wall sign which is less than 10 percent (or 117.8 square feet in this case) of the area of the building's elevation to which it is attached. The sign will read "Anaheim Hills Farm" in red channel letters and will be located on the building's east elevation. (9) Submitted plans and staff inspections indicate access via one driveway on Canyon Rim Road and one driveway on Nohl Ranch Road. Plans indicate a total of 425 existing parking spaces and Code requires 394 spaces based on the following: Address (Anaheim Hills Road ) Use Square Footage Code Required Spaces (per 1,000 s.f. of GFA Parking Required 408 Vacant 1,400 5.5 8 409 Day Care 6,000 CUP No. 2866 14 410 Learning Center 2,700 5.5 15 412 Dentist 1,200 6 7 414 Dentist 1,400 6 8 416 Hair Salon 1,400 5.5 8 430 -A Tutoring Center 1,200 5.5 7 430 -B Salon 900 5.5 5 430 -C Donut shop 900 5.5 5 430 -D Restaurant 1 8 12 430 -F Dentist 1 6 7 430 -G, H, I J Veterinary Clinic 3,000 6 17 430 -K -L Ladies Fitness 1800 5.5 10 430 -M Art Studio 1,500 5.5 8 440 -A Proposed Small Market 5,000 5.5 28 440 -B Vacant 2,800 5.5 15 446 Mail Services 1 5.5 7 450 Fitness Trainer 1,800 5.5 10 456 Cleaners 1,200 5.5 7 460 Sav -On 24 5.5 136 464 Liquor store 2 5.5 11 466 Coffee Shop 1 5.5 7 468 Subway 1 5.5 9 470 -478 Bella Cucina Restaurant 4,884 per CUP3877 8 33 TOTAL 394 (10) The letter of operation indicates the market will employ a staff of 4 persons. The proposed hours of operation are 7:00 a.m. to 7:00 p.m. daily. The market will sell fresh vegetables, fruit and juices. Page 3 Staff Report to the Planning Commission August 8, 2005 Item No. 2 ENVIRONMENTAL IMPACT ANALYSIS: (11) The Planning Director's authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the California Environmental Quality Act (CEQA) Guidelines and is, therefore, categorically exempt from the requirement to prepare further environmental documentation- EVALUATION (12) Small markets with the retail sales of fresh produce and the sale of prepared food or beverages for on -site consumption that has less than 25% of the gross floor area (1,250 square feet is allowed; 436 square feet is proposed) are permitted within the CG (SC) Zone, subject to the approval of a conditional use permit. (13) Community Preservation Division has indicated that staff has been working with the property owner of this shopping center since 2003 in an effort to correct code violations relative to unscreened roof - mounted equipment and improper maintenance of the property. Specifically, deferred maintenance has resulted in unsightly stucco, cracked or damaged wood fascia boards, rafter tails, beams or joists, etc. The property owner was issued a building permit on August 8, 2004; however, no work has been initiated at this time. (14) No changes are proposed to the existing landscaping or building exterior within this commercial retail center as a consequence of this request- FINDINGS (15) 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. RECOMMENDATION: (16) 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 that the Planning Commission take approve this request by adopting the attached resolution including the findings and conditions contained therein. Page 4 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05000 BE GRANTED (440 SOUTH ANAHEIM HILLS ROAD — ANAHEIM HILLS PLAZA) WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California, described as: PARCEL A: PARCELS 1, 2, 4 AND 5, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 63, PAGE 5 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA PARCEL B: PARCEL 3, AS SHOWN ON A MAP FILED IN BOOK 50, PAGE 43 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL C: APPURTENANT EASEMENT AS SAID EASEMENT ARE SET FORTH IN SECTION 3 "COMMON AREA" OF THAT CERTAIN DECLARATION OF ESTABLISHMENT OF PROTECTIVE COVENANTS, CONDITIONS AND RESTRICTIONS AND GRANT OF EASEMENTS RECORDED OCTOBER 17, 1974 IN BOOK 11266 PAGE 268 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 8, 2005, at 2:30 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 small market in the existing commercial shopping center is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section No. 18.08.030.040.0402. 2. That the use as a small market 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 for the use is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health, safety. 4. That the traffic generated by the proposed small market 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 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 the small market in the existing commercial shopping center and has determined that the project is within the definition of Categorical Exemptions, Class 1, Section 15301, (Existing Facilities), as defined in the CEQA Guidelines and is, therefore, exempt from the requirement to prepare additional environmental documentation. 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 health and safety of the Citizens of the City of Anaheim: 1. That, as stipulated by the applicant, the hours of operation for the market (including deliveries) shall be from 7:00 a.m. to 7:00 p.m. daily. 2. That the juice bar area shall accommodate no more than 10 seats and shall comprise no more than 25% of the gross floor area of the market. Said information shall be specifically shown on plans submitted for building permits. 3. That no alcoholic beverages shall be sold or consumed on the premises. 4. That all trash generated from this facility shall be properly contained in trash bin(s) contained within approved trash enclosure(s). The number of bins shall be adequate and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. The Community Preservation Division of the Planning Department shall determine the need for additional bins or additional pick -up. All costs for increasing the number of bins or frequency of pick -up shall be paid by the business owner. 5. That the existing trash enclosure gates shall be replaced per City Standard. Said information shall be specifically shown on plans submitted for Streets and Sanitation Division approval. 6. That no shopping carts shall be stored outside the market. 7. That no video, electronic or other amusement devices or games shall be permitted in conjunction with this market. 8. That no outdoor storage, display or sales of merchandise of fixtures shall be permitted. 9. That window signs shall not exceed the area allowed by the Sign Code. 10. That the activities occurring in conjunction with the operation of this establishment shall not cause noise disturbance to surrounding properties. 11. That there shall be no public telephones on the premises located outside the building. 12. That the business owner shall obtain a valid business license from the Business License Division of the Planning Department. 13. 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, 2, 3, and 4, and as conditioned herein. 14. That a Burglar /Robbery Alarm permit application, Form APD 516, and an Emergency Listing Card, APD -281 shall be obtained, completed and submitted to the Anaheim Police Department. 15. That no outdoor vending machines shall be permitted. 16. That all fixtures, displays, merchandise and other materials shall be setback a minimum of three (3) feet from all window areas. Said information shall be specifically shown on plans submitted for building permits. 17. That rear entrance doors shall be numbered with the same address numbers or suite number of the business. 18. That a lot line adjustment and plan checking deposit shall be submitted to the Public Works Department, Development Services Division. The Lot Line Adjustment shall be approved by the City -2- PC2005- Engineer and recorded in the office of the Orange County Recorder prior to issuance of a building permit. 19. 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, 5 ,16, and 18 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. 20. That prior to final building and zoning inspections, Condition Nos. 12, 13 and 14, above - mentioned, shall be complied with. 21. 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 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 August 8, 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. r_\0Ix.9i 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 August 8, 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 -3- PC2005- YhYzwh In e. - i Date: June 7, 2005 Letter of Operation Our business still be called the Anaheim IIills Farm and the products Nee trill sell will mainly (Insist of fresh vegetables and fruits. We will use approximately 5.100 sgnare feel of space for the store. We trill also use at least 21 perking spaces that trill be reseraed only for our customers. (Air business trill he open from 7 am to l pm every dati of the nee k. We Mill need 4 people to Mork and operate the market every shift the shift will also need to be able to cover the whole time that the store will he in operation including Opening up the store, closing it (IOM", and providing vegetables and fruits for the store. We will try and provide the freshest fruits and vegetables from organic or from the freshest producers we find available. We Mill also open up a juice bar for cushrtners Mho vcould like to drink fresh blended fruit juice or drink srnnethin,v to rood them dorm while shopping inside A the store. Name: Joseph Kim Sign i 4 UP 1110. 2005 -" 5 P 0 C' ITEM NO. 1A D Zoning Code Amendment 2005 -00043 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. City -wide A CITY - INITIATED (POLICE DEPARTMENT) REQUEST TO AMEND TITLE 4 (BUSINESS REGULATIONS) AND TITLE 18 (ZONING) OF THE CITY OF ANAHEIM MUNICIPAL CODE TO ESTABLISH A DEFINITION, PERMITTED LOCATIONS AND REGULATIONS FOR "SMOKING LOUNGES'. City -wide 1925 D Zoning Code Amendment 2005 -00043 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: CITY OF ANAHEIM Q.S. No. City -wide A CITY - INITIATED (POLICE DEPARTMENT) REQUEST TO AMEND TITLE 4 (BUSINESS REGULATIONS) AND TITLE 18 (ZONING) OF THE CITY OF ANAHEIM MUNICIPAL CODE TO ESTABLISH A DEFINITION, PERMITTED LOCATIONS AND REGULATIONS FOR "SMOKING LOUNGES'. City -wide 1925 Staff Report to the Planning Commission August 8, 2005 Item No. 3 3a. CEQA EXEMPTION SECTIONS 15061(b)(3) and 15301 (Motion) 3b. ZONING CODE AMENDMENT NO. 2005 -00043 (Motion) SITE LOCATION AND DESCRIPTION (1) This proposed Zoning Code Amendment would apply Citywide. PROPOSAL (2) This is a City- Initiated (Police Department) request to amend Title 4 (Business Regulation) and Title 18 (Zoning) of the Anaheim Municipal Code to establish a definition, permitted locations and regulations for "smoking lounges,' a term which includes establishments known as "hookah cafes" BACKGROUND (3) The Police Department has provided staff with the attached memorandum describing the reasons for their request to establish regulations for businesses known as "smoking lounges" or "hookah cafes." Based on a review of historical Business Tax Certificates, smoking lounges have been licensed in the city as coffee shops. The businesses provide places where people meet to visit, drink coffee, eat, and smoke flavored tobacco from a hookah pipe, which has traditionally been part of the middle- eastern culture. Prior to 2000, Anaheim had one hookah cafe licensed in the City. Since then, the number has increased to eleven. (4) As the popularity of hookah cafes grew, some owners started catering to a younger crowd and began operating their cafes as nightclubs. The Police Department has seen an increase in the number of calls for service related to these hookah cafes. The majority of calls handled by the Police Department are disturbances, loud music, and loud patrons loitering near residential areas. However, the Police Department has also responded to numerous other calls at these establishments for fights, assaults, arson, use of and under the influence of drugs, consumption of alcohol in public, possession of alcohol by minors, theft, and weapons violations. (5) Over the past approximately 2 1/2 years (28 months), the Police Department has responded to 413 calls for service at the various hookah cafes in our city. In addition to these calls for service, members of the Police Department have initiated their own activity at these establishments 86 times over the same time period, resulting in 499 incidents requiring police services. The attached memorandum also lists the various types of problems that are occurring at some of the newer hookah cafes. (6) The Police Department initiated an interdepartmental team, including Community Preservation, Fire, Planning Services, and the City Attorney's Office in order to find a way to maintain public safety while being sensitive to the cultural needs of the community and business owners. The result is a draft ordinance (attached) that introduces "smoking lounges" as a land use category and establishes locational criteria and regulations for new and existing smoking lounge businesses. The Police Department held two community meetings with business owners and nearby residents to discuss issues related to the establishments and receive comments on the proposed ordinance. The attached draft ordinance reflects feedback from business owners and nearby residents. (7) For the reasons summarized in the previous paragraphs, including the protection of residents surrounding existing smoking lounge businesses, the Planning Director has initiated this amendment to Title 4 and Title 18 to establish regulations and a permitting process for smoking lounges. Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 3 DISCUSSION (8) The draft ordinance includes the following definition of a smoking lounge to be incorporated within both Title 4 (Business Regulation) and Title 18 (Zoning): "Smoking Lounge." A business establishment thatis dedicated in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as Cigar Lounges, Hookah Cafes, Tobacco Clubs or Tobacco Bars. (9) Proposed Chapter 422 includes provisions and procedures for the review and approval of applications for a Smoking Lounge Permit to the Business License Division. The proposed code section includes specific submittal requirements, including a security plan and noise control plan for the business. (10) Operating requirements for smoking lounges would be established by the ordinance in order to minimize or avoid the negative impacts of these establishments, as follows: • The business shall be owner - operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. • No alcoholic beverages shall be sold or consumed on the premises. • No persons under 18 years of age shall be permitted within the business. • No live entertainment, including, but not limited to, singers, DJs, dancers, and comedians, shall be permitted within the business. • All business related activities shall be conducted wholly within a building, with the exception of outdoor seating, as approved by the Planning Department, per Section 18.38260.020. • Operation of outdoor barbeques or braziers or lighting coals shall not be permitted. • No admission fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted. • Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or his designee. • No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. • The interior of the business shall be maintained with adequate illumination to make easily discernible the conduct of patrons within the premises. • No Amusement Devices, as said term is defined in Section 4.14.010.010, shall be permitted anywhere within the business. • Adequate ventilation shall be provided for all business related activities to the satisfaction of the Anaheim Fire Department. Page 2 Staff Report to the Planning Commission August 8, 2005 Item No. 3 • Parking shall be provided using the standard for bars and nightclubs (17 spaces /1,000 GFA) The business shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of a permit or variance. Standards pertaining to live entertainment and admission fees would preclude smoking lounge businesses from obtaining an entertainment permit or public dance hall permit. Based on these provisions, a business which provides live entertainment or obtains a conditional use permit for a public dance hall would not be permitted to operate as a smoking lounge. Further, businesses may not require a minimum purchase in order to occupy a seat within the business. (11) Modifications to Title 18 (Zoning) include permitted zones, locational criteria, provisions for outdoor seating and application of these regulations to existing, legal- nonconforming businesses. (12) The proposed modifications to Table 8 -A (Primary Uses: Commercial Zones), provide that a smoking lounge would be a permitted primary use within the C -NC (Neighborhood Center Commercial), C -R (Regional Commercial) and C -G (General Commercial) Zones and prohibited in all other zones. Proposed Section 18.38260.010 identifies in which zones such businesses would be permitted and identifies additional locational criteria that would be required for new businesses. The proposed tenant space must not be closer than 200 feet of any residential zone boundary or any property containing a residential use and no closer than 1,000 feet of any public or private school. Outdoor seating for smoking lounge businesses would be a permitted accessory use and would have limitations as to the maximum number of tables and chairs and minimum walkway clearance for pedestrians, identical to the outdoor seating requirements for restaurants. (13) Section 5 of the draft ordinance describes that proposed Section 422.120 would contain amortization provisions for existing smoking lounges businesses. All existing businesses must be in full compliance with the provisions of the ordinance within the later of one year following the date of adoption or six months following written notice by the License Collector of the City of Anaheim. Existing businesses that are nonconforming with respect to location would not be required to conform to location requirements, provided that the business is not discontinued for a period of sixty (60) consecutive calendar days or longer. However, such businesses would be required to operate in compliance with all the other requirements and time limits of the proposed ordinance. ENVIRONMENTAL IMPACT ANALYSIS (14) The Planning Director's authorized representative has recommended that the project be determined exempt under CEQA Guidelines Section 15061(b)(3), which provides that where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; and Section 15301, Class 1 (Existing Facilities), as it involves the licensing and permitting of uses in existing facilities with negligible or no expansion of the existing use- RECOMMENDATION (15) Staff recommends that, unless additional or contrary information is received during the public meeting, and based upon evidence submitted to the Planning Commission, including Page 3 Staff Report to the Planning Commission August 8, 2005 Item No. 3 the evidence presented in this staff report, and oral and written evidence presented at the public meeting, the Planning Commission take the following actions: (a) By motion, determine that the proposed Code Amendment is exempt under CEQA Guidelines Section 15061(b)(3) and 15301, Class 1 (Existing Facilities). (b) By motion, recommend to the City Council the adoption of Zoning Code Amendment No. 2005 -00043 pertaining to the definition, permitted locations and regulations for smoking lounges. Vii) [DRAFT] ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANAHEIM ADDING CHAPTER 4.22 OF TITLE 4, ADDING SECTION 18.38.260 TO CHAPTER 18.38 AND AMENDING SECTIONS 18.08.030 AND 18.92.220 OF CHAPTERS 18.08 AND 18.92, RESPECTIVELY, OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE RELATING TO SMOKING LOUNGES. AS FOLLOWS: SECTION 1 That new Chapter 4.22 of Title 4 of the Anaheim Municipal Code be, and the same is hereby, added to read as follows: "CHAPTER 4.22 - SMOKING LOUNGES 4.22.010 DEFINITIONS. "Smoking Lounge." A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as Cigar Lounges, Hookah Cafes, Tobacco Clubs or Tobacco Bars. 4.22.020 PERMIT REQUIRED. .010 It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Anaheim, the business of a Smoking Lounge in the absence of a permit issued pursuant to the provisions of this Chapter. .020 The holding or conducting of any event or activity subject to the provisions of this chapter without a valid permit issued therefore pursuant to the provisions of this chapter, unless expressly exempt hereunder, is declared a public nuisance. 4.22.030 OPERATING REQUIREMENTS FOR SMOKING LOUNGE. It is unlawful for any person to engage in, conduct, or carry on, in or upon any premises within the City of Anaheim, the business of a Smoking Lounge except in compliance with all of the following requirements: .010 The business shall be owner - operated or otherwise exempt from the prohibition of smoking in the workplace set forth in California Labor Code Section 6404.5. .020 No alcoholic beverages shall be sold or consumed on the premises. .030 No persons under 18 years of age shall be permitted within the business. .040 No live entertainment, including, but not limited to, singers, DJs, dancers, and comedians, shall be permitted within the business. .050 All business related activities shall be conducted wholly within a building, with the exception of outdoor seating in conformance with Section 18.38.260.020. Operation of outdoor barbeques or braziers and/or lighting coals shall not be permitted. .060 No admission fee, cover charge, or requirement of any charge or minimum payment as a condition of entry shall be permitted. .070 Uniformed security guard(s) shall be provided, as deemed necessary by the Chief of Police or his designee. .080 No window coverings shall prevent visibility of the interior of the tenant space from outside the premises during operating hours. Any proposed window tint shall be approved in advance by the Anaheim Police Department. .090 The interior of the business shall be maintained with adequate illumination to make easily discernible the conduct of patrons within the premises. .100 No Amusement Devices, as said term is defined in Section 4.14.010.010, shall be permitted anywhere within the business. .110 Adequate ventilation shall be provided for all business related activities to the satisfaction of the Anaheim Fire Department. 120 Parking shall be provided using the standard forbars and nightclubs (17 spaces /1,000 GFA). .130 The business shall not exceed the lesser of (i) the occupancy limit for the premises established by the Anaheim Fire Department or (ii) an occupancy limit established as a condition of a permit or variance. 4.22.040 APPLICATION FOR PERMIT. .010 Applications for permits pursuant to this chapter shall be filed with the License Collector on forms provided by her/him and shall include a nonrefundable application fee in an amount designated by resolution of the City Council and, at least, the following information: .0101 The legal name, residence address and telephone number of the owner(s) of the proposed establishment making application; .0102 The legal name, residence address and telephone number of the person submitting the application as authorized agent of the owner(s), if applicable; .0103 The business name, address and telephone number under which the activity will be conducted; .0104 The exact nature and location of the activity for which the permit is requested and an estimate of the numbers of patrons of the establishment; .0105 The time period, not to exceed one year, for which the permit is requested; .0106 A security plan for control of pedestrian and vehicular traffic and prevention of unlawful conduct by employees and patrons (such as assaults, vandalism, littering, theft, sale or use of controlled substances, and consumption of alcohol) within the building(s) and outside in the areas affected by the public attending the event; provided, however, that this requirement shall be excused in the case of a noncommercial activity or event to which the public is invited free of charge and which event shall not be in conjunction with any other commercial activity; .0107 A plan for control of noise affecting nearby premises, with special attention to prevention of noise nuisance to nearby residences, if any; .0108 The hours of operation of the establishment; and .0109 Such other information pertaining to public health and safety as may be required by the License Collector to ensure compliance with the provisions of this Chapter and of the requirements of the Zoning Code relating to Smoking Lounges and, in addition, any information that the applicant may wish to include. .020 Submitting false information on the application shall constitute grounds for denial of the permit. 4.22.050 ACTION BY LICENSE COLLECTOR UPON APPLICATION. .010 Upon the filing of an application, the License Collector shall determine whether the application is complete. If the application is not complete, the License Collector shall, within five business days, give written notice by mail or personal delivery to the applicant advising that the application is incomplete and cannot be acted upon. The notice shall state what information is needed to complete the application. .020 Upon the filing of a completed application, the License Collector or designee shall conduct an appropriate investigation, including consultation with the Police, Fire and Planning Departments and inspection of the premises as needed. Within twenty business days after receipt of a completed application, the License Collector or designee shall either grant or deny the application. .030 An application for a Smoking Lounge permit pursuant to this chapter shall be granted for a period not to exceed one year, subject to compliance with the requirements set forth herein and in Section 18.38.260 of this Code, unless it is found and determined that issuance of the permit would allow the Smoking Lounge to be held or conducted: .0301 In violation of any provisions of Titles 4 or 18 of the Anaheim Municipal Code or in violation of any other federal, state or city law or laws; or .0302 In a building or structure which is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or the general public, under the standards established by the Uniform Codes or the 2001 California Fire Code, adopted pursuant to Sections 15.02.010 and 16.08.020, respectively, of the Anaheim Municipal Code; or .0303 On premises which lack adequate on -site parking area for employees and the public attending the proposed event or activity, under the standards set forth in Title 18 of the Anaheim Municipal Code, except for existing uses that are legal and nonconforming with respect to parking; or .0304 In a manner in which proposed security measures are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by the activity or by patrons entering or leaving the premises. 4.22.060 NOTIFICATION. .010 The License Collector shall give written notice to the applicant of the action taken upon the completed application within twenty business days after receipt of the completed application. .020 In the event the application is denied, written notice of such denial shall be given to the applicant specifying the grounds for such denial. The notice shall also advise the applicant of his right to appeal the denial of his application and shall state the last date on which an appeal may be filed, which shall be the fifteenth working day after the date on which the notice was deposited in the mail or was personally delivered to the applicant. 4.22.070 APPEAL TO CITY MANAGER - NOTICE AND HEARING. .010 An applicant whose application for a Smoking Lounge permit has been denied or has been granted conditionally may appeal such decision directly to the City Manager or his designee by filing an appeal with the License Collector. The time within which such a written appeal may be filed shall expire at the end of the fifteenth working day after the date on which notice to the applicant of the action on his application is personally delivered or deposited in the mail. 11 .020 Upon the filing of a timely appeal, the City Manager or his designee shall set a hearing to be held within fifteen business days from the date of receipt of such appeal. The applicant, by written request, may waive the time limits set forth in this section except the time within which an appeal may be filed. 4.22.080 CITY MANAGER ACTION UPON APPEAL. After an administrative hearing and consideration of the report and recommendation of the License Collector and any written materials submitted by the applicant or other persons, the City Manager or his designee shall either grant the permit for a period not to exceed one year, with or without conditions, or shall deny the permit upon finding that issuance thereof would result in any of the circumstances set forth in Section 4.22.050 of this chapter. The decision of the City Manager or his designee on any such permit shall be final. 4.22.090 ISSUANCE OF PERMIT - CONDITIONS. .010 After the permit application has been granted and the applicant notified, the License Collector or designee shall issue the permit, for the period requested, but not to exceed one year. .020 The permit shall be issued subject to compliance with all operating requirements in Section 4.22.030 and such additional conditions as may be required to ensure compliance with City regulations governing the matters contained in the application. 4.22.100 RENEWAL OF PERMIT. .010 An unrevoked permit issued pursuant to this chapter may be renewed for successive periods of one year each upon written application to the License Collector made at least thirty calendar days before the expiration date of the current, valid permit and payment of a nonrefundable permit renewal application fee. For good cause, the License Collector may extend the time for filing a renewal application for up to ninety days and may extend the prior permit pending decision on the renewal application. .020 The application for renewal shall supply current information with respect to each category of information required in the initial application. .030 The License Collector shall grant the renewal application if it is timely filed, with the applicable fee, and all the required information, unless he /she finds and determines that renewal of the permit would result in any of the circumstances set forth in Section 4.22.050 of this chapter. In the event that the permit is renewed, all conditions to which the initial permit was subject shall remain in force unless specifically deleted or modified, and additional conditions as described in Section 4.22.090 may be attached if, in the judgment of the License Collector, such additional, modified or deleted conditions are required to ensure compliance with City regulations governing the matters contained in the application. Notice of the granting or denial of the renewal application, and of any additional conditions, shall be mailed or personally delivered to the applicant in the same manner and within the same time limits as apply to initial applications. .040 The decision of the License Collector to deny the renewal of a permit or to impose additional conditions may be appealed to the City Manager or his designee in the same manner and within the same time limits as a decision upon an initial application for a permit. .050 After the filing of a timely application for renewal of a permit, the original or existing permit shall remain in effect until fifteen business days after notice of the action upon the application has been mailed or personally delivered to the permittee or until the expiration date of the original or existing permit, whichever is later; provided, however, that if a timely appeal is filed, the original or existing permit shall remain in effect until the City Manager or his designee has acted upon the appeal. The decision of the City Manager or his designee on any such appeal shall be final. 4.22.110 REVOCATION OF PERNIIT. .010 Any permit issued pursuant to the provisions of this chapter shall be revoked by the City Manager or his designee following a hearing on the basis of any of the following: .0101 That the business or activity has been conducted in a manner which violates one or more of the conditions imposed upon the issuance of the permit or which fails to conform to the plans and procedures described in the application, or which violates the occupant load limits set by the Fire Department; .0102 That the permittee has failed to obtain or to maintain all required City, County and State licenses and permits; .0103 That the permit is being used to conduct an activity different from that for which it was issued; .0104 That the permittee has misrepresented any material fact in the application for permit or has not answered each question therein truthfully; .0105 That the permittee has failed to comply with one or more of the required conditions and has failed to cure such noncompliance after reasonable notice thereof, .0106 That the building or structure in which the permitted event or activity is held or conducted, or is to be held or conducted, is hazardous to the health or safety of the employees or patrons of the business, activity, or event, or of the general public, under the standards set forth in the Uniform Building or Fire Code; 6 .0107 That the permitted event or activity creates sound levels which violate any ordinance of the City of Anaheim; .0108 That the security measures provided are inadequate to deter unlawful conduct on the part of employees or patrons, or to promote the safe and orderly assembly and movement of persons and vehicles, or to prevent disturbance of the neighborhood by excessive noise created by patrons entering or leaving the premises where the activity takes place. .020 Written notice of the hearing on the proposed permit revocation, together with written notification of the specific grounds of complaint against the business or activity of the permittee, shall be personally delivered or sent by certified mail to the permittee at least ten days prior to the hearing. .030 In the event a permit is revoked pursuant to the provisions of this chapter, another permit shall not be granted to the permittee within twelve months after the date of such revocation. The City Manager's or his designee's determination following a public revocation hearing shall be based upon written findings and shall be final and conclusive in the matter. 4.22.120 APPLICATION TO EXISTING BUSINESSES. Any Smoking Lounge lawfully existing on the effective date of this ordinance which becomes a nonconforming use by reason of the adoption of this ordinance shall cease operation, or otherwise be brought into full compliance with the provisions of this ordinance, not later than either (i) one year following the effective date of this ordinance, or (ii) six months following the date of written notice as provided below, whichever is later (the "amortization period "), except that no lawfully existing Smoking Lounge shall be deemed to be nonconforming for failure to comply with the location requirements established for such uses by this ordinance unless said business is terminated for any reason or voluntarily discontinued for a period of sixty (60) consecutive calendar days or more. Any such lawfully existing Smoking Lounge may continue to operate, provided said operation is in conformity to all other applicable City, State, and federal laws, until the application has been acted upon and the decision thereon has become final. 4.22.130 RULES AND REGULATIONS. The City of Anaheim may establish reasonable administrative rules and regulations to implement the provisions of this chapter. A copy of such rules and regulations shall be made available to applicants by the License Collector. 4.22.140 PENALTY. 7 Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and shall be punished by a fine of not to exceed one thousand dollars or by imprisonment not to exceed six months, or by both such fine and imprisonment. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of the provisions of the chapter is committed. SECTION 2 That Table 8 -A of 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 follows: 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 -0n -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 § 18.38.200 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 §18.38.070 Automotive Washing N C C C C In O -L and O -H Zones, must be accessory to an Automotive Service Station use Bars & Nightclubs C C C C C In O -L and O -H Zones, 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 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 §18.38.200 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 Computer Internet & Amusement N C C N N Facilities Convalescent & Rest Homes N N C N N Convenience Stores C C C C C Subject to §18.38.110; in O -L and O -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 Subiect to §18.36.040.070 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 Laundromats are subiect to §18.38.150 In O -L and O -H Zones, must be integrated within an office building Personal Services — Restricted C C C C C In O -L and O -H Zones, must be accessory to an Office use Plant Nurseries N C P N N Subject to §18.38.190 and §18.38.200 Public Services C C P C C Recreation Bowling & Billiards C C C N N 0 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 0 -11 Special Provisions Recreation —Commercial Indoor C C C N N Recreation —Commercial Outdoor C C C C C 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 §18.38.220 Restaurant"eneral 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 §18.38.190 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 Smoking Lounge P P P N N Subject to Chapter 4.22 and §1838.260 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 SECTION 3 10 That new Section 18.38.260 be, and the same is hereby, added to Chapter 18.38 of Title 18 of the Anaheim Municipal Code to read as follows: "18.38.260 SMOKING LOUNGES "The provisions of this Section shall apply to Smoking Lounges, as said term is defined in Section 18.92.220 ( "S" WORDS, TERMS AND PHRASES). 010 Locations Allowed. .0101 Smoking Lounge is a permitted primary use within the C -NC, C -R and C -G Zones, subject to approval of a Smoking Lounge Permit pursuant to the provisions of Chapter 4.22 of the Anaheim Municipal Code. .0102 The tenant space shall not be located within 200 feet of any residential zone boundary or any property containing a residential use, whether said residential boundary or property containing a residential use is within or outside of the corporate boundaries of the City of Anaheim. .0103 The tenant space shall be a minimum distance of one thousand (1,000) feet from any public or private school, as said term is defined in Section 18.92.220 ( "S" WORDS, TERMS AND PHRASES), whether said school is within or outside of the corporate boundaries of the City of Anaheim. .020 Outdoor seating shall be permitted as an accessory use to a smoking lounge in all zones where smoking lounges are permitted subject to compliance with all the following provisions, and plans shall be submitted to the Planning Department for review and approval showing compliance with this section: .0201 Furnishings may include tables, chairs, decorative benches and umbrellas. .0202 Furnishings shall not exceed one (1) table and two (2) seats for every five (5) lineal feet of building or unit frontage, up to a cumulative maximum of five (5) tables and ten (10) seats. .0203 Furnishings shall not be placed on or allowed to hang over any public right - of -way, required pedestrian accessway, required setback or parking area. .0204 A minimum six (6) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk. .0205 All required emergency access /exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department. 11 .0206 An outdoor seating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a smoking lounge to determine its parking requirements. .0207 Portable or non -fixed furnishings shall not be set up outside the smoking lounge more than one -half (0.5) hour prior to the opening of business and shall be removed no later than one -half (0.5) hour after closing. Permanent or fixed furnishings may remain overnight. .0208 Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building. .0209 At least one (1) trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building. .0210 The smoking lounge owner shall be responsible for the removal of all trash and debris or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash -free manner. .030 Smoking Lounges shall be subject to the operational requirements set forth in Section 4.22.030 of this Code. SECTION 4 That Section 18.92.220 of Chapter 18.92 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended to add a definition of "Smoking Lounge" to read as follows: "Smoking Lounge. A business establishment that is dedicated, in whole or part, to the smoking of tobacco or other substances, including but not limited to establishments known variously as Cigar Lounges, Hookah Caf6s, Tobacco Clubs or Tobacco Bars. SECTION 5 . EXISTING NONCONFORMING USES Any Smoking Lounge lawfully existing on the effective date of this ordinance which becomes a nonconforming use by reason of the adoption of this ordinance shall cease operation, or otherwise be brought into full compliance with the provisions of this ordinance as set forth in Section 4.22.120. No nonconforming use shall be increased, enlarged, extended or altered except that the use, or any portion thereof, may be changed to a conforming use. Any Smoking Lounge which becomes a nonconforming use by reason of the adoption of this ordinance shall be notified in writing of its nonconforming status by the License Collector of the City of Anaheim by certified mail or personal service. Such notice shall be given to the property owner of record upon such business is located, the owner of the business, and the holder of the business license for such business (to the extent such parties are different and are identifiable and accessible). Such notice 12 shall also identify the applicable amortization period as provided herein. Failure of any person to actually receive such notice shall not affect the validity of any proceedings pursuant to the provisions of this ordinance. SECTION 6 . 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 7 . 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 8 . 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 therefore as provided for in this ordinance. 13 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 IC MAYOR OF THE CITY OF ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM 58117.2 /smarm /July 20, 2005 14 City of Anaheim Attachment - Item No. 3 POLICE DEPARTMENT Operations Division To: Sheri Vander Dussen Planning Director Via John Welter Chief of Police From: Captain Steve Rodig Operations Division Commander Lieutenant Larry Garrison West District Commander Date: June 15, 2005 RE: PROPOSED SMOKING LOUNGE ORDINANCE The City of Anaheim has one of the largest middle- eastern populations in Orange County. The area along Brookhurst Street in Anaheim plays host to a large number of middle -eastern businesses, including an increasing number of hookah cafes or smoking lounges, which are a part of the middle- eastern culture. Traditional smoking lounges are operated as a business where people meet to visit, drink coffee, eat, and smoke flavored tobacco from a hookah pipe. Prior to 2000, Anaheim had one hookah cafe licensed in the city. The number of hookah cafes has increased to a high of 11, however, one cafe recently closed due to the sale of the center where it was located. One existing owner is currently in the process of opening another hookah cafe in the 5600 block of E. La Palma Ave. The current hookah cafes are: Al Melouk Cafe 1785 W. Lincoln Ave Fusion Cafe 512 S. Brookhurst St. Fresh Start Coffee Shop 512 S. Brookhurst St. Al Basha Cafe 809 S. Brookhurst St. Hidden Cafe ** 642 S. Brookhurst St. Cedar Cafe 930 S. Brookhurst St. H. Dreams Cafe 830 S. Brookhurst St. Alph Lella We Lella 2437 W. Ball Rd. AL- Karnak Cafe 1220 S. Brookhurst St. Janna Caf6 2778 W. Ball Rd. Smoking lounges have traditionally been licensed in Anaheim as coffee shops. As the popularity of hookah cafes grows, some owners are operating their cafes as nightclubs, without first obtaining a City of Anaheim entertainment or dance hall permit. The Police Department has seen an increase in the number of calls for service related to these hookah cafes. The majority of calls handled by the Police Department are disturbances, loud music, and loud patrons loitering near residential areas. However, numerous other calls such as fights, assaults, arson, use of and under the influence of drugs, consumption of alcohol in public, Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL 714.765.1892 FAX 714.765.1575 possession of alcohol by minors, theft, and weapons violations are some of the types of calls the Police Department has responded to at these establishments. Over the past approximately 2 1/2 years (28 months), the Police Department has responded to 413 calls for service at the various hookah cafes in our city. In addition to these calls for service, members of the Police Department have initiated their own activity at these establishments 86 times over the same time period, resulting in 499 incidents requiring police services. The Police Department Vice Detail recently conducted an investigation into the existing hookah cafes. This investigation revealed the following problems are occurring at some, but not all of these establishments: • Employees are not checking identification cards of patrons at the entrance to determine if they are less than 18 years of age, to prevent minors from smoking tobacco. • Employees are not prohibiting patrons from bringing in and consuming alcohol on the premises. Some of these patrons are under 21 years of age. • Narcotics violations (use, under the influence, and possession for sales) are occurring inside some of these businesses. • DJ's are being allowed to perform live entertainment and patrons are dancing inside without an entertainment permit and /or dance hall permit. • Cover charges are being collected at the front door. • Loud noise and loud music from inside the premises is disturbing local residents resulting in complaints. • Patrons are parking on local residential streets impacting already limited parking resulting in complaints. • Assaults have occurred inside the hookah cafes, the parking lots and in the surrounding areas. • Multiple businesses have been the target of arson/firebombs. • Gang members are frequenting these establishments, loitering and spray painting graffiti on exterior walls and buildings in the immediate area. To address these issues, and the concerns of neighboring businesses and residents, several City departments, Police, Community Preservation, Fire, Planning, and City Attorney worked together to draft an ordinance to regulate smoking lounges. The Chief of Police and members from each of the involved City departments held meetings with the owners of our existing hookah cafes, neighboring Page 2 businesses, and residents to discuss the proposed ordinance. Input gained from these meetings was used to modify the ordinance to its current proposed version. The department heads of the Police, Fire, Planning, Community Preservation, and City Attorney Departments all believe implementation of this proposed ordinance will allow reasonable regulation of smoking lounges which will result in fewer crimes, fewer complaints, fewer calls for service and a safer community. ** The Hidden Cafe was substantially damaged by a fire on June 1, 2005. Page 3 ITEM NO. 1A 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 August 8, 2005 Item No. 4 4a. CEQA NEGATIVE DECLARATION 4b. 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) This item was continued from the June 27 and July 25, 2005, Commission meetings to allow staff time to prepare comprehensive changes to the Code to address the objectives of both the Community Services and Planning Departments. (4) 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. (5) In May of this year, the Planning Commission approved a policy interpretation request 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. zc 2005- 00040- sr- pc08085 jr.doc Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 4 (6) Staff has provided a draft copy of the proposed changes for the Commission's review as part of the Telecommunication Facilities Workshop conducted at the preliminary meeting. The proposed changes included within the Code are a result of a comprehensive review of the standards and processes applicable to telecommunication facilities throughout the City (within all zones). These changes would result in a more consistent application of standards throughout the City, and make the Code more easily understandable — thus being more "user friendly" in both format and wording. The changes would also create more opportunities for the establishment of telecommunication facilities within the City, while maintaining a critical emphasis on the design and location criteria within the entitlement process for each facility. (7) Staff is recommending a continuance of this item to the September 7, 2005, Commission meeting to allow the Commission adequate time to provide staff feedback on the draft amendment based upon information provided during staff's Telecommunication Facilities Workshop. RECOMMENDATION: (8) Staff recommends the Planning Commission, by motion, continue this item to the September 7, 2005, Commission meeting. Page 2 Item No. 4 Chapter 18.04 SINGLE - FAMILY RESIDENTIAL ZONES Sections: 18.04.010 18.04.020 18.04.030 18.04.040 18.04.050 18.04.060 18.04.070 18.04.080 18.04.090 18.04.100 18.04.110 18.04.120 18.04.130 18.04.140 18.04.150 18.04.160 Purpose. Intent of individual zones. Uses. Lot area. Lot width. Lot depth and orientation. Structural heights. Floor area. Lot coverage. Structural setbacks. Parking. Signs. Landscaping. Fences, walls and hedges. Refuse and recycling storage facilities. Development in the RS -4 Zone. 18.04.010 PURPOSE. The purpose of this chapter is to describe allowable land uses and property development standards, including density of development, for the single - family residential zones to create healthy, safe and attractive neighborhoods in the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of each of the single- family residential zones is described below. 18.04.020 INTENT OF INDIVIDUAL ZONES. The single- family residential zones consist of the following. .010 "RH -P' Single- Family Hillside Residential Zone. The intent of the "RH -1" Single- Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment of a spacious and semi -rural character with single - family dwelling units on a minimum lot size of forty three thousand five hundred sixty (43,560) square feet. This zone implements the Estate Residential land use designation in the General Plan. .020 "RH -2" Single- Family Hillside Residential Zone. The intent of the "RH -2" Single- Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment of a spacious and semi -rural character with single - family dwelling units on a minimum lot size of twenty two thousand (22,000) square feet. This zone implements the Estate Residential land use designation in the General Plan. .030 "RH -3" Single- Family Hillside Residential Zone. The intent of the "RH -3" Single- Family Hillside Residential Zone is to provide an attractive, safe, and healthy environment in keeping with the natural amenities and scenic resources of the area, with single- family dwelling units on a minimum lot size of ten thousand (10,000) square feet. This zone implements the Low Density Residential land use designation in the General Plan. 4 -1 Anaheim Zoning Code Single - Family Residential Zones .040 "RS -1" Single - Family Residential Zone. The intent of the "RS -1" Single- Family Residential Zone is to provide an attractive, safe, and healthy environment with single- family dwelling units on a minimum lot size of ten thousand (10,000) square feet. This zone implements the Low Density Residential land use designation in the General Plan. .050 "RS -2" Single - Family Residential Zone. The intent of the "RS -2" Single- Family Residential Zone is to provide an attractive, safe, and healthy environment with single- family dwelling units on a minimum lot size of seven thousand two hundred (7,200) square feet. This zone implements the Low Density Residential land use designation in the General Plan. .060 "RS -3" Single - Family Residential Zone. The intent of the "RS -3" Single- Family Residential Zone is to provide an attractive, safe, and healthy environment with single- family dwelling units on a minimum lot size of five thousand (5,000) square feet. This zone implements the Low Density Residential and Low - Medium Hillside Density Residential land use designations in the General Plan. .070 "RS -4" Single - Family Residential Zone. The intent of the "RS -4" Single- Family Residential Zone is to provide for and encourage the development of high - quality residential units on small lots in order to provide additional housing choices and use land efficiently. This zone implements the Low - Medium Density Residential and Low - Medium Hillside Density land use designations in the General Plan. 1E:1I1ItIXII =W O .010 Primary Uses. Table 4 -A (Primary Uses: Single- Family Residential Zones) identifies allowable primary uses, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 4 -B (Accessory Uses and Structures: Single- Family Residential Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 4 -C (Temporary Uses and Structures: Single- Family Residential Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 4 -A, 4 -B and 4 -C for each zone are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; and .0403 "N" designates classes of uses that are prohibited. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 4 -A, 4-B or 4 -C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .060 Unlisted Uses. Any class of use that is not listed in Tables 4 -A, 4-B or 4 -C is not permitted. .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 4- A, any use of a building on a site that was formerly used as an automobile service station shall require a conditional use permit. 4 -2 Anaheim Zoning Code Single - Family Residential Zones .080 Development in the "RS -4" Zone. All development in the "RS -4" Zone is subject to the provisions of Section 18.04.160 of this chapter. .090 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 4-A, 4 -13 and 4 -C. Such provisions may include references to other applicable code sections or limitations to the specified land use. .100 Overlay Zones. Any property that is located within an overlay zone may be subject to additional requirements as specified in the overlay zone. Table 4 -A C N N P Permitted by Right N N PRIMARY USES: SINGLE - FAMILY C C C Conditional Use Permit Required N RESIDENTIAL ZONES N N N Prohibited C C N Day Care Centers R11-1 R11-2 R11-3 RS -1 RS -2 RS -3 RS -4 Special Provisions Residential Classes of Uses C C C C C C C Dwellings — Single - Family Detached P P P P P P C N Mobile Home Parks N N N N N C N C Residential Care Facilities P P P P P P P N Subject to Non - Residential Classes of Uses § 18.38.180 Agricultural Crops P P N N N N N C Antennas Private Transmitting P P P P P P P Subject to § 18.38.040 Antennas — Telecommunications - C C C C C C C Only allowed use is Stealth Building- Mounted sports field lighting located in publicly owned parks or golf courses; subject to § 18.38.060 Antennas — Telecommunications - N N N N N N N Ground - Mounted 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 Institutions—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 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 4 -3 Anaheim Zoning Code Single - Family Residential Zones Table 4 -A RH -1 P Permitted by Right PRIMARY USES: SINGLE -FAMILY RS -2 C Conditional Use Permit Required RESIDENTIAL ZONES Accessory Living Quarters N Prohibited RH -1 RH -2 RH -3 RS -1 RS -2 RS-3 RS -4 Special Provisions Transit Facilities C C C C C C C Utilities —Minor C C C C C C C Table 4 -11 P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required SINGLE - FAMILY RESIDENTIAL ZONES N Prohibited Day Care Small Family RH -1 RH -2 RH -3 RS -1 RS -2 RS -3 RS -4 Special Provisions Accessory Living Quarters P P P P P N N Subject to §18.04.080.020 & § 18.38.020 Agricultural Workers Quarters P P N N N N N Requires a minimum lot size Greenhouses — Private P P P P P N N of ten (10) acres Animal Keeping P P P P P P P Subject to §18.38.030 Antennas —Dish P P P P P P P Subject to §18.38.050 (may require a CUP) Antennas — Receiving P P P P P P P Subject to §18.38.050 Day Care Large Family P P P P P P P Subject to Ground Mounted § 18.38.140 Day Care Small Family P P P P P P P Fences & Walls P P P P P P P Subject to §18.40.050; this use may occur on a lot with or without a dwelling. Greenhouses — Private P P P P P N N Home Occupations P P P P P P P Subjectto §18.38.130 Landscaping & Gardens P P P P P P P Subject to Chapter 18.46; this use may occur on a lot with or without a dwelling. Mechanical & Utility Equipment— P P P P P P P Subject to Ground Mounted § 18.38.160 4 -4 Anaheim Zoning Code Single - Family Residential Zones 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 §18.38.230 Solar Energy Panels P P P P P P P Must be mounted on the roof parallel Special Events 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 .110 Design Compatibility of Detached Accessory Structure. Any detached structure that is used to accommodate an accessory use listed in Table 4 -B (Accessory Uses and Structures: Single - Family Residential Zones) and that is more than one hundred twenty (120) square feet in total floor area shall not have metal, vinyl, or plastic siding unless the main structure has similar metal, vinyl, or plastic siding. Table 4 -C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required SINGLE - FAMILY RESIDENTIAL ZONES N Prohibited RH -1 RH -2 RH -3 RS -1 RS -2 RS -3 RS -4 Special Provisions Contractor's Office & Storage P P P P P P p Subject to § 18.38.105 Real Estate Tract Office P P P P P P P The office shall be removed at the end of two (2) years from the date of the recording of the subdivision map or the sale of the last house, whichever is earlier Real Estate Tract Signs P P P P P P P Subject to Chapter 18.44 Special Events P P P P P P P Subject to § 18.38.240 120 Additional Restrictions for Temporary Uses. 4 -5 Anaheim Zoning Code Single - Family Residential Zones .1201 Cargo containers maybe permitted for the storage of construction materials only when building permits have been issued for substantial construction on the site. The containers shall not be used for the storage of furniture or other household items and shall not block vehicular or pedestrian access to the property. .1202 Portable canopies and tarps are not permitted if they are visible from a public right -of -way. In addition, tarps shall not be used as a permanent shield or patio cover where visible to residential uses. 18.04.040 LOT AREA. .010 Lot Area. The minimum lot area for single - family residential zones is shown in Table 4 -D. Table 4 -D MINIMUM LOT AREA: SINGLE - FAMILY RESIDENTIAL ZONES Zone Minimum Lot Area Residential Single- Family Hillside R11-1 43,560 square feet R11-2 22,000 square feet (19,000 square feet not including public and private streets and public and private easements for ingress and egress) R11-3 10,000 square feet Residential Single - Family RS -1 10,000 square feet RS -2 7,200 square feet RS -3 5,000 square feet RS -4 Subject to Section 18.04.160 .020 Unless specified otherwise, the minimum lot size measurement in Table 4 -D excludes public and private streets, alley rights -of -way, and public and private easements for ingress and egress. The minimum lot size shall consist of contiguous land area not divided into two (2) or more separate parts by such streets or easements for ingress and egress. .030 Building Site Requirements in Chapter 18.40 (General Development Standards) also apply. 18.04.050 LOT WIDTH. .010 Lot Width. The minimum lot width for single - family residential zones is shown in Table 4 -E. Table 4 -E MINIMUM LOT WIDTH: SINGLE - FAMILY RESIDENTIAL ZONES Zone Minimum Lot Width Residential Single - Family Hillside R11-1 125 feet (140 feet average in any division of land) R11-2 85 feet (100 feet average in any division of land); any lot with frontage on the circular or curvilinear portion of any cul -de -sac shall have a minimum lot width of not less than 60 feet) 4 -6 Anaheim Zoning Code Single - Family Residential Zones Table 4 -E MINIMUM LOT WIDTH: SINGLE - FAMILY RESIDENTIAL ZONES R11-3 50 feet (75 feet average in any division of land) Residential Single - Family RS -1 90 feet RS -2 70 feet RS -3 50 feet (45 feet for cul -de -sac or knuckle lot) RS -4 Subject to Section 18.04.160 020 Lot Width on Cul- de-Sac or Knuckle Lots. The lot width for a cul -de -sac or knuckle lot shall be measured at the required front setback line. 18.04.060 LOT DEPTH AND ORIENTATION. .010 Lots Adjacent to Freeways or Scenic Expressways. Single- family residential lots adjacent to freeways and scenic expressways shall rear -on or side -on the freeway or expressway and have a minimum depth, as measured from the freeway or expressway, of one hundred fifty (150) feet. .020 Lots Adjacent to Other Arterial Highways or Railroad Rights -Of -Way. Single - family residential lots adjacent to all arterial highways other than those described in subsection .010 above or railroad rights -of -way shall have a minimum depth of one hundred twenty (120) feet and shall not take vehicular access from the arterial highway. 18.04.070 STRUCTURAL HEIGHTS. .010 Maximum Height. The maximum structural heights for single - family residential zones are shown in Table 4 -F. Table 4 -F MAXIMUM STRUCTURAL HEIGHT: SINGLE - FAMILY RESIDENTIAL ZONES Zone Maximum Structural Height Residential Single- Family Hillside R11-1 25 feet / 2 stories R11-2 25 feet / 2 stories R11-3 25 feet / 2 stories (certain areas subject to Subsection .040 below) Residential Single- Family RS -1 35 feet / 2Y: stories (Any non - residential land use permitted by a conditional use permit may exceed this height limitation as determined by the approved conditional use permit when the required front, side and rear setback are increased an additional 1 foot for each 4 feet in height that such buildings exceed 35 feet.) RS -2 35 feet / 2Y: stories RS -3 30 feet / 2 stories RS -4 30 feet / 2 stories .020 Other Standards. The standards in this section apply in addition to the Structural Height Limitations and Structural Setback in Chapter 18.40 (General Development Standards). 4 -7 Anaheim Zoning Code Single - Family Residential Zones .030 Accessory Buildings. Non - habitable accessory buildings, including but not limited to, garages, garden or storage sheds, shall not exceed a height of one (1) story or twelve (12) feet, whichever is less. Habitable accessory buildings, , including but not limited to, accessory living quarters, shall not exceed a height of one (1) story or fifteen (15) feet, whichever is less, except that the height shall not exceed twelve (12) feet if such accessory structure encroaches into a required rear or side setback. This provision shall not apply to structures that are located outside all the required setback areas and comply with the same provisions as the main dwelling. (Ord. 5944 § 1; Sept. 28, 2004) 040 Exceptions. .0401 Pursuant to the conditions of approval of Tract Nos. 8418 and 8647, a one (1) story height overlay zone is hereby established and imposed upon those certain lots abutting the area known as "Peralta Hills" and located on the north side of Valley Gate Drive, the east side of Sleepy Meadow Lane north of Forest Glen Road, and the north side of Forest Glen Road and Old Bucket Lane between Sleepy Meadow Lane and Nohl Ranch Road, and further described as Lot Nos. 65 through 79, inclusive, of Tract No. 8418 and Lot Nos. 24 through 46, inclusive, of Tract No. 8647. Notwithstanding any other provision of this Code, the maximum structural height on said lots shall not exceed one (1) story or twenty -five (25) feet, whichever is less, except as permitted pursuant to Chapter 18.18 (Scenic Corridor Overlay Zone). The term "one- story" as used in this subsection shall mean a single habitable floor and shall not permit any loft, mezzanine, balcony or similar habitable floor or area above such single habitable floor. .0402 The maximum height of any building in the area known as "Hidden Canyon," defined as the area south of Avenida de Santiago in the City of Anaheim, shall be thirty -five (35) feet except as otherwise permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40 (General Development Standards). .0403 Lots within Tract Nos. 10996, 10997, 10998 and 13760 are subject to Resolution No. 80 -1407 of the Board of Supervisors of Orange County, dated September 2, 1980. This resolution indicates "Texaco- Anaheim Hills, Inc. has given verbal assurance that the viewshed from the floor of Weir Canyon will be protected from proposed residential development along the westerly rim of the canyon through private open space mitigations such as estate densities, restricted grading, landscaping edge treatments, and/or covenants, conditions and restrictions." Any new construction within these tracts must receive County approval indicating compliance with this agreement. 18.04.080 FLOOR AREA. .010 Floor Area. The minimum livable floor area per dwelling, exclusive of garage area, for single - family residential zones is shown in Table 4 -G. Table 4 -G MINIMUM FLOOR AREA: SINGLE - FAMILY RESIDENTIAL ZONES Zone Minimum Livable Floor Area Residential Single- Family Hillside R11-1 1,700 square feet RII-2 1,700 square feet RII-3 1,700 square feet En Anaheim Zoning Code Single - Family Residential Zones Table 4 -G MINIMUM FLOOR AREA: SINGLE - FAMILY RESIDENTIAL ZONES Residential Single- Family RS -1 1,700 square feet RS -2 1,225 square feet RS -3 1,225 square feet RS -4 1,225 square feet, but may be modified pursuant to Section 18.04.160 .020 Detached Accessory Buildings and Structures. The maximum cumulative square footage of all accessory structures as identified in Table 4-B (Accessory Uses and Structures: Single- Family Residential Zones) in this chapter shall be limited to the minimum livable floor area of the main dwelling for the underlying zone as identified in Table 4 -G above and shall not exceed the square footage of the main dwelling. Any detached garage spaces that are required by this code shall not be counted towards this limitation. 18.04.090 LOT COVERAGE. .010 Lot Coverage. The maximum lot coverage for single- family residential zones is shown in Table 4 -H. Table 4 -11 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 requ rear setback shall occupy more than 25% of the required rear setback) RS -2 40% excluding swimming pools and semi- enclosed patio structures — see Subsection .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 or driveway areas) is available elsewhere on the lot.) RS -3 40% RS -4 50 %, but may be modified pursuant to Section 18.04.160 .020 Semi - enclosed Patio Structures. For the purposes of interpreting Table 4 -H, a semi - enclosed patio structure is an accessory structure that has at least one (1) side that is completely open to the outside and may be covered by a solid or open -work roof. .030 Accessory Buildings and Structures. All accessory buildings and structures shall be included in the maximum lot coverage calculation except as otherwise specified in this chapter. 4 -9 Anaheim Zoning Code Single - Family Residential Zones 18.04.100 STRUCTURAL SETBACKS. .010 Setbacks for Single- Family Residential Zones. .0101 The minimum setbacks for single - family residential zones are shown in Table 4 -I. These setbacks apply in addition to the setback and yard requirements of Sections 18.40.040 (Structural Setbacks and Yards) and 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards). Encroachments into setback areas are contained in Subsection .040 below. .0102 Unless otherwise provided in this title, setbacks shall be measured from the ultimate right -of -way, recorded access easement, or recorded riding and hiking trails. .0103 In addition to the provisions of Table 4 -I, a tilt -up garage door shall beset back a minimum of twenty -five (25) feet from the ultimate right -of -way line of the street used for access and a roll -up garage door shall be set back a minimum of twenty (20) feet from the ultimate right -of -way line of the street used for access. .0104 Notwithstanding any other provision, any structure used for human habitation shall maintain a setback of not less than ten (10) feet from any riding and hiking trail easement of record. Table 4 -I MINIMUM SETBACKS: SINGLE- FAMILYRESIDENT ZONES Zone Minimum Setbacks Residential Single - Family Hillside R11-1 Front 20 feet Side Same as Front The minimum street side setback on a reversed corner lot or a reverse building frontage lot shall be 9 feet. Rear Same as Front R11-2 Front 25 feet In order to encourage varied setbacks where a tract or a minimum of one block (one side of the street) is to be developed concurrently, the setback shall be an average of 25 feet with the minimum setback of 15 feet. Side 15 feet The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the side yard. Rear 25% of the depth of the lot, but need not exceed 25 feet All dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the rear yard. ------------------------------------------------------------------------------------------ ------------------------------° R11-3 Front 20 feet Side 6 feet for a one -story building or fast floor of a two -story building and 9 feet for any second story All dwellings shall maintain a minimum setback of 10 feet from any private access easement of 4 -10 Anaheim Zoning Code Table 4 -I Single - Family Residential Zones MINIMUM SETBACKS: SINGLE- FAMILYRESIDENTIAL ZONES record located in the side yard. The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 15 feet; all dwellings shall maintain a minimum setback of 10 feet from any private access easement of record located in the rear yard. Residential Single- Family RS -1 Front 30 feet or 25% of the depth of the lot, whichever is less Side 10% of the width of the lot except that the side setback shall not be less than 5 feet and need not exceed 10 feet The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 25 feet or 25% of the depth of the lot, whichever is less ------------------------------------------------------------------------------------------ ------------------------------° RS -2 Front 25 feet or 25% of the depth of the lot, whichever is less Side 5 feet The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 25 feet, except that the depth may be reduced to 10 feet provided an equal usable open living area is provided elsewhere on the lot. In computing the equal area, front, side and rear yard areas may be included if they are usable as open living space and have a minimum dimension of 10 feet, but the required front setback, required open parking spaces and driveway leading to required parking shall not be included. RS -3 Front 15 feet In order to encourage varied setbacks where a tract or a minimum of one block (one side of the street) is to be developed concurrently, the setback shall be an average of 15 feet with the minimum setback of 10 feet Side 5 feet from structures to the property line or for development of an entire tract, zero feet on one side and 10 feet on the other side provided a minimum of 10 feet is maintained between structures on adjacent lots (the latter requirement provides for zero side yards) The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Rear 15 feet ------------------------------------------------------------------------------------------- ------------------------------- RS -4 Front 10 feet In order to achieve good design, the setback may be an average minimum of 10 feet with the minimum setback of 5 feet Setback provisions may be modified pursuant to Section 18.04.160. Side 5 feet from structures to the property line or zero feet on one side and 10 feet on the other side provided a minimum of 10 feet is maintained between structures on adjacent lots (the latter requirement provides for zero side yards) 4 -11 Anaheim Zoning Code Table 4 -I Single - Family Residential Zones ILL 11121105 M NN4As9 WE" 1110W_ kAIIAvtiWi III 11121VL\WK91121V The minimum street side setback on a reversed corner lot or reverse building frontage lot shall be 9 feet. Setback provisions may be modified pursuant to Section 18.04.160. Rear 10 feet for single -story structures; 15 feet for two -story structures. Setback provisions may be modified pursuant to Section 18.04.160. Airspace (vertical) Subdivision. For three (3) dimensional airspace subdivisions, the minimum setback between facing walls of two dwelling units shall be the combined total of the required setbacks for each building wall. .020 Other Code Provisions. The standards in this section apply in addition to the setback and yard requirements of Section 18.40.040 and the special area setbacks of Section 18.40.060 in Chapter 18.40 (General Development Standards). .030 Accessory Buildings and Structures. Accessory buildings or structures can be attached to a main building or be entirely detached. .0301 If an accessory building or structure is attached to the main building, it shall be made structurally a part of and have a common wall or roof with the main building and shall comply in all respects with the requirements of this title applicable to the main building, including side and rear setbacks. .0302 If an accessory building or structure is not attached to the main building, it shall be separated from the main building the minimum distance established by the Uniform Building Code and shall comply with the provisions of Subsection .040 below. .040 Permitted Encroachments. Allowable encroachments into the required setbacks in Table 4 -I are set forth in Table 4 -J, except as provided herein. .0401 For zones other than the RS -1 and RS -2 zones, the cumulative square footage of all encroachments shall not exceed two hundred forty (240) square feet. .0402 Accessory structures, except for fences, walls and hedges that do not exceed three (3) feet in height and pilasters /freestanding light fixtures that do not exceed four (4) feet in height, shall not encroach into a required street side setback .0403 Any encroachment that conflicts with the Uniform Building Code, as adopted by the City, shall not be permitted. 4 -12 Anaheim Zoning Code Single - Family Residential Zones Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES /STRUCTURES: SINGLE - FAMILY RESIDENTIAL ZONES 4 -13 RH- RS- 1 2 3 1 1 2 F 3 4 Accessory Use /Structure Permitted Encroachment Special Provisions Air Conditioning Units Front N N N N N N N *Noise level must be less than 50 dB(A) measured at the lot line If located in side setback, must not be on the side of the access gate Side Y* Y* Y* Y* Y* Y* Y* Rear Y Y Y Y Y Y y Arbors /Trellis Front Y Y Y Y Y Y Y Maximum 8 feet high and 5 square feet Side Y Y Y Y Y Y Y Amateur Radio Towers Front N N N N N N N Must comply with setbacks and Section 18.38.040 Side N N N N N N N Rear N N N N N N N Awnings Front Maximum 4 feet Must be permanent, attached to the building, decorative and properly maintained Side Maximum 2 feet Rear Maximum 4 feet Balconies (covered or uncovered) Front Maximum 30 inches Side N N N I N I N N N Rear Maximum 4 feet Barbeques (Built -in permanent) Front N N N N N N N Maximum 5 feet high Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Basketball courts Front N N N N N N N Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Carports/Porte Cocheres Front N N N N I N N N Must be decorative, features must match main house Side Minimum 3 feet to pro line Rear Minimum 3 feet to properly line Decks (second story only — see "Porches" for at- g rade decks Front N N N N N N N Side N N N N N N N Rear N N N N N N N Fencing/Walls Front Y Y Y Y Y Y Y Must comply with § 18.46.110 of Chapter 18.46 (Landscaping and Screening) Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Eaves/Roof overhang, Cornices, Belt courses, Sills and buttresses Front Maximum 30 inches Side Maximum 20 inches Rear Maximum 30 inches Fire pits /Outdoor fireplaces Front N N N N N N N * No closer than 5 feet to any property line Side Y* Y* Y* N N N N Rear I Y* Y* Y* Y* Y* I Y* I Y* 4 -13 Anaheim Zoning Code Single - Family Residential Zones Table 4-J PERMITTED ENCROACHMENTS FOR ACCESSORY USES /STRUCTURES: SINGLE- FAMH,Y RESIDENTIAL ZONES 4 -14 RH- RS- 1 2 3 1 1 2 r 3 1 4 Accessory Use /Structure Permitted Encroachment Special Provisions Fireplaces Front Maximum 30 inches Side Maximum 20 inches Rear Maximum 30 inches Flag poles Front Y* Y* Y* Y* I Y* Y* Y* Maximum height is same as underlying zone * Minimum 10 ft. from front property line ** Minimum 5 ft. from side p ro p erty line Side Y ** Y ** Y ** Y ** N N N Rear Y Y Y Y Y Y Y Fountains and Sculptures Front Y* Y* Y* Y* Y* Y* Y* * Minimum 10 feet from front property line except minimum 5 feet from front property line in RS-3 and RS-4 zones * *Maximum 6 feet high Side Y ** Y ** Y ** Y ** Y ** Y ** Y ** Rear Y ** Y ** Y ** Y ** Y ** Y ** Y ** Garages (detached) Front N I N I N N I N I N N Amount of encroachment shall not exceed 450 square feet Side N N Y Y Y Y Y Rear N N Y Y Y Y Y Gazebos Front N N N N N N N *Maximum 10 feet high Side N N N N N N N Rear Y* Y* Y* Y* Y* Y* Y* Greenhouses (detached) Front N N N N N N N *Minimum 3 feet to side property line, not to exceed 6 feet high Side N Y* Y* Y* Y* Y* Y* Rear N Y* Y* Y* Y* Y* Y* Guard Railings (where required for safety by City Codes Front Y Y Y Y Y Y Y Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Light fixtures (for tennis courts) Front N N N N N N N Must be hooded to prevent glare into adjacent property *Maximum 6 feet high * *Not to exceed structural height of underlying zone Side Y* Y* Y* Y* Y* Y* Y* Rear Y ** Y ** Y ** Y ** Y ** Y ** Y ** Parking Front N* I N* I N* N* I N* I N* N* *Except as provided in Chapter 18.42 * *Provided parking is screened from public ROW Side Y ** Y ** Y ** Y ** Y ** Y ** Y ** Rear Y ** Y ** Y ** Y ** Y ** Y ** Y ** Patio Covers /Canopies (detached only) Front N N N N N N N *Not to exceed 10 feet high Shall not extend closer than 10 feet to pro e line Side N N N N N N N Rear N Y* Y* Y* Y* Y* Y* Pet enclosures/Dog runs Front N N N I N N N N Side N N I N N I N I N N Rear Minimum 5 feet from rear property line 4 -14 Anaheim Zoning Code Single - Family Residential Zones Table 4-J PERNUTTED ENCROACHMENTS FOR ACCESSORY USES /STRUCTURES: SINGLE- FAMH,Y RESIDENTIAL ZONES 4 -15 RH- RS- 1 2 3 1 1 2 r 3 4 Accessory Use /Structure Permitted Encroachment Special Provisions Pilasters/Light Fixtures (freestanding) Front Y* Y* Y* Y* Y* Y* Y* * Maximum 4 feet high with fence, no closer than 8 feet on center; max. 7 feet high decorative freestanding light fixtures ** Maximum 6.5 feet high for pilasters only Side Y ** Y ** Y ** Y ** Y ** Y ** Y ** Rear Y ** Y ** Y ** Y ** Y ** Y ** Y ** Play Equipment (over 6 feet high) Front N* N* N* I N* I N* I N* N* *Permanent structures not permitted at any height * *Maximum 8 feet high Side N N N N N N N Rear Y ** Y ** Y ** Y ** Y ** Y ** Y ** Pool Cabanas (detached) Front N N N N N N N *Maximum 8 feet high Side N N N N N N N Rear N Y* Y* Y* Y* Y* Y* Pool Equipment Front N N N N N N N *Decibel level must be less than 50 dB(A) measured at the lot line If located in side setback, must not be on the side of the access gat e Side Y Y* Y* Y* Y* Y* Y* Rear Y Y Y Y Y Y Y Pool Rock Formations/ Waterfalls (over 6 feet high) Front N N N 1 N 1 N N 1 N *Maximum 8 feet high Must be finished if back is visible to public row or SFR Side Minimum of 3 feet from side roe line Rear Y* Y* Y* Y* Y* Y* Y* Pool Slides (over 5 feet high) Front N N N N N N N *Maximum 8 feet high Side Minimum 5 feet to any pro line* Rear Minimum 5 feet to any property line* Pools /Spas Front N N N N N N N Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Porches and At -grade decks Front 7' 7' 7' 7' 7' 3' 3' *Uncovered decks only Side N N N N N N N Rear Y* Y* Y* Y* Y* Y* Y* Recreation Rooms (detached) Front N I N I N N I N I N I N Side Minimum 5 feet to side pro line Rear Minimum 10 feet to side property line Recreation Vehicles (storage longer than 3 days) Front Y* Y* Y* Y* Y* Y* Y* *Applies only for driveable RVs (trailers are not permitted) parked in permitted open parking spaces as provided in Chapter 18.42, no overhang into public ROW or private access easement * *Must be screened from public and private streets Side Y ** Y ** Y ** Y ** Y ** Y ** Y ** Rear Y ** Y ** Y ** Y ** Y ** Y ** Y ** 4 -15 Anaheim Zoning Code Single - Family Residential Zones Table 4-J PERNUTTED ENCROACHMENTS FOR ACCESSORY USES /STRUCTURES: SINGLE- FAMH,Y RESIDENTIAL ZONES 18.04.110 PARKING. Parking requirements for single- family residential zones are set forth in Chapter 18.42 (Parking and Loading). 18.04.120 SIGNS. Sign requirements for single- family residential zones are set forth in Chapter 18.44 (Signs). 18.04.130 LANDSCAPING. Landscaping shall be required and/or permitted in single- family residential zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). 18.04.140 FENCES, WALLS AND HEDGES. Fences, walls, hedges and berms shall be permitted and /or required in single- family residential zones subject to the conditions and limitations set forth in Section 18.46. 110 of Chapter 18.46 (Landscaping and Screening). 18.04.150 REFUSE AND RECYCLING STORAGE FACILITIES. 010 Location of Containers. All single- family homes shall provide a screened location outside of the required front setback to store trash and recycling containers. 4 -16 RH- RS- 1 2 3 1 1 2 r 3 4 Accessory Use /Structure Permitted Encroachment Special Provisions Satellite Dishes (freestanding, over 2 feet in diameter Front N N N N N N N Side N N N N N N N Rear Minimum 5 feet from rear property line Sheds (detached, pre- fabricated, without utilities) Front N N N N Maximum 120 square feet Maximum 8 feet high Side Y Y Y Y Rear Y Y Y Y Tennis Courts /Sport Courts Front N N N N VNN Only 1 court per lot is allowed Side Y Y Y Y Rear Y Y Y Y Tree Houses (detached) Front N N N N Maximum 36 square feet Side N N N N Rear Minimum 5 feet from rear property line Trees, Shrubs, Flowers, Plants Front Y Y Y Y Y Y Y Side Y Y Y Y Y Y Y Rear Y Y Y Y Y Y Y Workshops (detached) Front N N N N N N I N Side N Minimum 5 feet from side pro line Rear N Minimum 10 feet from rear property line 18.04.110 PARKING. Parking requirements for single- family residential zones are set forth in Chapter 18.42 (Parking and Loading). 18.04.120 SIGNS. Sign requirements for single- family residential zones are set forth in Chapter 18.44 (Signs). 18.04.130 LANDSCAPING. Landscaping shall be required and/or permitted in single- family residential zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). 18.04.140 FENCES, WALLS AND HEDGES. Fences, walls, hedges and berms shall be permitted and /or required in single- family residential zones subject to the conditions and limitations set forth in Section 18.46. 110 of Chapter 18.46 (Landscaping and Screening). 18.04.150 REFUSE AND RECYCLING STORAGE FACILITIES. 010 Location of Containers. All single- family homes shall provide a screened location outside of the required front setback to store trash and recycling containers. 4 -16 Anaheim Zoning Code Single - Family Residential Zones .020 Standards. Lots not developed with a single- family dwelling shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file with the Public Works Department. The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent streets or other public rights -of -way. Recycling bins shall also be provided. 18.04.160 DEVELOPMENT IN THE RS -4 ZONE. .010 Conditional Use Permit. All development in the RS -4 Zone shall be subject to the approval by the Planning Commission of an application for a conditional use permit. The application shall be processed pursuant to Chapter 18.66 (Conditional Use Permits). .020 Maximum Density. The maximum density of residential units in the RS -4 Zone shall be eleven (11) dwelling units per net acre. .030 Lot Area and Width. The lot area and width shall be established by the site plan approved through the conditional use permit. .040 Modification of Other Standards. The minimum floor area as set forth in Table 4- G, the maximum lot coverage as set forth in Table 4 -H, and the minimum setbacks as set forth in Table 4 -I may be modified in order to achieve a high quality project design, privacy, livability, and compatibility with surrounding uses. .050 Guidelines. An application for a conditional use permit shall be reviewed using the "Guidelines for Small -Lot Development' adopted by resolution of the Planning Commission, as may be amended from time to time. .060 Application. The application for a conditional use permit shall be submitted on forms approved by the Planning Director. (Ord. 5944 § 2; Sept. 28, 2004) .070 Findings. Before the Planning Commission approves the conditional use permit, it must make all of the following fmdings based on the plans submitted by the applicant: .0701 The uses within the project are compatible; .0702 New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; .0703 Vehicular and pedestrian access are adequate; .0704 The project is consistent with any adopted design guidelines applicable to the parcel or parcels; .0705 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; .0706 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; .0707 The impact upon the surrounding area has been mitigated to the maximum extent practicable; .0708 The project complies with the General Plan and Subdivision Map Act; and .0709 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. 4 -17 Anaheim Zoning Code Single - Family Residential Zones .080 Maintenance. If the ownership of part or all of any development is designed, intended or proposed to be divided into any form of joint group /individual ownership, i.e., exclusive right of occupancy or interest in any portion of the development coupled with an undivided interest in any portion of the development (including air space subdivisions) the corporation or limited partnership shall have the responsibility to maintain the buildings and use of the property for residential development. All mutually available features such as recreational areas, community buildings, landscaping, as well as the general appearance of the premises and buildings shall be adequately and professionally maintained and as indicated on the approved final development plans. These provisions shall be included in a maintenance covenant which shall be submitted to and approved by the City Attorney prior to recordation in the Office of the Orange County Recorder. 4 -18 Anaheim Zoning Code 18.04.050.020 (Lot Width on Cul -de -Sac or Knuckle Lots) Setback Line Single- Family Residential Zones Lot Width 1 Property Line 4 -19 1 — Typical Cul -de -Sac Anaheim Zoning Code 18.04.100.010 (Setbacks) Single - Family Residential Zones i Min. Rear Setback Min. Side Setback I I I Min. Front Setback " "`'` a y Public or Private Street Curb 4 -20 Anaheim Zoning Code Single - Family Residential Zones 18.04.100.010 (Setbacks —Reversed Corner Lot and Reverse Building Frontage, Table 4 -I) n Min. Side Setback —1 r /,] r//,l 1I <-- Driveway Min. Rear Setback Min. Front Setback CORNER LOT WITH Min, Street T Main Street REVERSED FRONTAGE Side Setback Curb Min. Rear Setback Min. Front —L. Curb Main Street Min.. Street Side Setback REVERSED CORNER LOT 4 -21 Item No. 4 Chapter 18.06 MULTIPLE - FAMILY RESIDENTIAL ZONES Sections: 18.06.010 18.06.020 18.06.030 18.06.040 18.06.050 18.06.060 18.06.070 18.06.080 18.06.090 18.06.100 18.06.110 18.06.120 18.06.130 18.06.140 18.06.150 18.06.160 18.06.170 Purpose. Intent of individual zones. Uses. Lot area. Lot width. Structural heights. Floor area. Site coverage. Structural setbacks. Recreational- leisure and storage areas. Parking and loading. Signs. Landscaping. Fences, walls and hedges. Refuse storage and recycling facilities. Residential planned unit development. Community design element. 18.06.010 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standards, including density of development, for the multiple - family residential zones in order to produce healthy, safe, livable and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of each of the multiple - family residential zoning districts is described below. 18.06.020 INTENT OF INDIVIDUAL ZONES. The multiple - family residential zones consist of the following. .010 "RM -1" Multiple - Family Residential Zone. The intent of the "RM -P' Zone is to provide an attractive, safe, and healthy residential corridor environment along arterial highways and facilitate the conversion of underutilized strip commercial areas into housing. This zone also encourages planned residential development on minimum one (1) acre project sites for attached single - family townhouses, incorporating a rear access drive or service alley, with a minimum building site area per dwelling unit of three thousand three hundred fifty (3,350) square feet. This zone implements the Corridor Residential land use designation in the General Plan. .020 "RM -2" Multiple - Family Residential Zone. The intent of the "RM -2" Zone is to provide an attractive, safe and healthy environment with townhouses and other low -rise attached single - family dwellings with a minimum building site area per dwelling unit of three thousand (3,000) square feet. This zone implements the Low - Medium Density Residential and Low - Medium Hillside Density Residential land use designations in the General Plan. (Ord. 5944 § 3; Sept. 28, 2004) 6 -1 Anaheim Zoning Code Multiple - Family Residential Zones .030 "RM -3" Multiple - Family Residential Zone. The intent of the "RM -3" Zone is to provide an attractive, safe, and healthy environment with multiple - family units with a minimum building site area per dwelling unit of two thousand four hundred (2,400) square feet. This zone implements the Low - Medium Density Residential and Medium Density land use designations in the General Plan. .040 "RM -4" Multiple - Family Residential Zone. The intent of the "RM -4" Zone is to provide an attractive, safe, and healthy environment with multiple - family units with a minimum building site area per dwelling unit of one thousand two hundred (1,200) square feet. This zone implements the Medium Density Residential land use designation in the General Plan. 18.06.030 USES. .010 Primary Uses. Table 6 -A (Primary Uses: Multiple - Family Residential Zones) identifies allowable primary uses, listed by classes of uses as defined in Sections 18.36.030 and 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 6 -13 (Accessory Uses And Structures: Multiple - Family Residential Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 6 -C (Temporary Uses And Structures: Multiple - Family Residential Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 6 -A, 6 -13 and 6 -C for each zone are established by letter designations as follows: 0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; .0403 "N" designates classes of uses that are prohibited; and .0404 "T" designates classes of uses permitted with a telecommunications antenna review permit. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 6 -A, 6 -13 and 6 -C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .060 Unlisted Uses. Any class of use that is not listed in Tables 6 -A, 6 -13 or 6 -C is not permitted. .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 6- A, any use of a building that was formerly used as an automobile service station shall require a conditional use permit. .080 Development in the "RM -1" Zone. All development in the "RM -1" Zone is subject to the provisions of Section 18.06.160 of this chapter. .090 Conversion of Existing Multiple - Family Structures. Any person, firm, partnership, corporation or other entity proposing to convert existing multiple - family dwellings (including apartments) or attached single - family dwellings or like structures to a condominium or other common interest development as defined in Section 1351 of the 6 -2 Anaheim Zoning Code Multiple - Family Residential Zones California Civil Code, shall first apply for and obtain the Planning Commission's approval of a conditional use permit pursuant to Chapter 18.60 (Procedures) and Chapter 18.66 (Conditional Use Permits) and, where applicable, a tentative map pursuant to the provisions of this subsection, Chapter 18.60 and Chapter 17.08 (Subdivisions) of Title 17 (Land Development and Resources). .0901 Conditional Use Permit. Before the Planning Commission approves a conditional use permit to convert existing multiple - family dwellings, as described above, to a condominium or other common interest development, it shall make the following findings: Use Element; 01 That the project complies with the General Plan, including the Land .02 That the existing structures and other improvements conform to the site development standards for the underlying zone or any applicable specific plan; .03 That the existing structures and other improvements are in compliance with the Uniform Building Code and other applicable codes as adopted by the City of Anaheim; .04 That the vehicular and pedestrian access are adequate; .05 That the size and shape of the site proposed for the use are adequate to allow full development of the proposal in a manner not detrimental to the particular area; .06 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 .07 That granting the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. .0902 Tentative Map. A tentative tract map, or parcel map where appropriate, showing the extent of the proposed subdivision including the total number of condominiums, the total number of lots including any airspace or three - dimensional portions, the public and private streets, private and common areas, and all buildings and structures thereon, shall be submitted to the City for its review and approval; and that a final tract map (or parcel map where appropriate) of the subdivision shall be submitted for approval to the City Council and recorded in the Office of the Orange County Recorder; .0903 Maintenance Covenant. If the ownership of part or all of the existing multiple - family dwellings, as described above, proposed to be converted to a condominium or other common interest development, is proposed to be subdivided into any form of joint group /individual ownership (i.e., exclusive right of occupancy or interest in any portion of the development coupled with an undivided interest in any portion of the development, including airspace or three - dimensional subdivisions), the corporation or limited partnership shall have the responsibility to maintain the buildings and use of the property for residential development. All mutually available features such as recreational areas, community buildings, landscaping, as well as the general appearance of the premises and buildings shall be adequately and professionally maintained. 6 -3 Anaheim Zoning Code Multiple - Family Residential Zones .100 Special Provisions. Additional requirements related to a use are referenced in the "Special Provisions" column of Tables 6 -A, 6 -B and 6 -C. Such provisions may include references to other applicable code sections or limitations to the specified land use. .110 Overlay Zones. Any property that is located within an overlay zone may be subject to additional requirements as specified in the overlay zone. Table 6 -A P Permitted by Right PRIMARY USES: MULTIPLE - FAMILY C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited T Telecommunications Antenna Review Permit Required 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 - Family 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 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 - T T T T Subject to § §18.38.060 and Stealth Building- Mounted 18.62.020 Antennas — Telecommunications - C C C C Subject to §18.38.060 Stealth Ground - Mounted Antennas — Telecommunications - N N N N Subject to §18.38.060 Ground - Mounted 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 6 -4 Anaheim Zoning Code Multiple - Family Residential Zones Table 6 -A P Permitted by Right PRIMARY USES: MULTIPLE - FAMILY C Conditional Use Permit Required RESIDENTIAL ZONES N Prohibited T Telecommunications Antenna Review Permit Required RM -1 RM -2 RM -3 RM -4 Special Provisions Golf Courses & Country Clubs N N C C Group Care Facilities C C C C 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 Table 6 -11 P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required MULTIPLE- FAMILY RESIDENTIAL ZONES N Prohibited RM -1 RM -2 RM -3 RM -4 Special Provisions Animal Keeping P P P P Subject to §18.38.030 Antennas —Dish P P P P Subject to §18.38.050 (may require CUP) Antennas — Receiving P P P P Subject to §18.38.050 Day Care Large Family P P P P Subject to §18.38.140 Day Care Small Family P P P P Fences & Walls P P P P Subject to § 18.46.110; a fence or wall may occur on a lot with or without any other primary use structure Home Occupations P P P P Subject to §18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot with or without any other primary use structure Mechanical & Utility Equipment— P P P P Subject to § 18.38.160 Ground Mounted Mechanical & Utility Equipment— P P P P Subject to § 18.38.170 Roof Mounted Parking Lots & Garages P P P P To serve needs of primary use only Recreation Buildings & Structures P P P P Second Units P P P P Subject to § 18.3 8.230 Signs P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P Must be mounted on the roof and, 6 -5 Anaheim Zoning Code Multiple - Family Residential Zones Table 6 -11 P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required MULTIPLE - FAMILY RESIDENTIAL ZONES N Prohibited RM -1 RM -2 RM -3 RM -4 Special Provisions if visible from the street level, must be parallel to the roof plane Vending Machines P P P P Shall be screened from view from adjacent non - industrial property and public rights -of -way .120 Design Compatibility of Detached Accessory Structure. Any detached structure that is used to accommodate an accessory use listed in Table 6 -B (Accessory Uses and Structures: Multiple - Family Residential Zones) and that is more than one hundred twenty (120) square feet in total floor area shall not have metal, vinyl, or plastic siding unless the main structure has similar metal, vinyl, or plastic siding. Table 6 -C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required MULTIPLE - FAMILY RESIDENTIAL ZONES N Prohibited RM -1 RM -2 RM -3 RM -4 Special Provisions Contractor's Office & Storage P P P P Subject to §18.38.105 Real Estate Tract Office P P P P The office shall be removed at the end of two (2) years from the date of the recording of the subdivision map or the sale of the last home, whichever is earlier Real Estate Tract Signs P P P P Subject to Chapter 18.44 Special Events P P P P Allowed only for grand openings or a significant remodel; subject to § 18.38.240 130 Additional Restrictions for Temporary Uses. .1301 Cargo containers maybe permitted for the storage of construction materials only when building permits have been issued for substantial construction on the site. The containers shall not be used for the storage of furniture or other household items and shall not block vehicular or pedestrian access to the property. .1302 Portable canopies and tarps are not permitted if they are visible from a public right -of -way. In addition, tarps shall not be used as a permanent shield or patio cover where visible to residential uses. 18.06.040 LOT AREA. .010 Lot Area. The minimum lot area per dwelling unit for multiple - family residential zones is shown in Table 6 -D. Anaheim Zoning Code Multiple - Family Residential Zones Table 6 -D SITE AREA PER DWELLING UNIT: MULTIPLE - FAMILY RESIDENTIAL ZONES Zone Minimum Lot Area Per Dwelling Unit RM -1 3,350 square feet, but may be modified pursuant to Section 18.06.160 RM -2 3,000 square feet RM -3 2,400 square feet RM -4 1,200 square feet .020 Unless specified otherwise, the minimum lot size measurement in Table 6 -D excludes public and private streets, alley rights -of -way, and public and private easements for ingress and egress. The minimum lot size shall consist of contiguous land area not divided into two (2) or more separate parts by such streets or easements for ingress and egress. .030 Building Site Requirements in Chapter 18.40 (General Development Standards) also apply. 18.06.050 LOT WIDTH. The minimum lot width for multiple - family residential zones is shown in Table 6 -E. Table 6 -E LOT WIDTH: MULTIPLE - FAMILY RESIDENTIAL ZONES Zone Minimum Lot Width RM -1 Subject to Section 18.06.160 RM -2 70 feet, except that a building permit may be approved for development on any City- approved, existing lot of record having a lesser width, subject to compliance with all other provisions of this title RM -3 Same as RM -2 RM -4 Same as RM -2 18.06.060 STRUCTURAL HEIGHTS. The height requirements in this section for the multiple - family residential zones apply in addition to the Structural Height Limitations in Chapter 18.40 (General Development Standards) and are also impacted by the minimum structural setbacks as required in Section 18.06.090. .010 Height— Single - Family Detached. The maximum height for single - family detached dwellings shall not exceed two (2) stories or thirty (30) feet. .020 Height — Multiple - Family Structures. The maximum height for multiple - family structures is shown in Table 6 -F. Table 6 -F MAXIMUM STRUCTURAL HEIGHT: MULTIPLE - FAMILY RESIDENTIAL ZONES Zone Maximum Structural Height RM -1 40 feet; but may be modified pursuant to Section 18.06.160 6 -7 Anaheim Zoning Code Multiple - Family Residential Zones Table 6 -F MAXIMUM STRUCTURAL HEIGHT: MULTIPLE - FAMILY RESIDENTIAL ZONES RM -2 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be permitted by conditional use permit. RM -3 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be permitted by conditional use permit. RM -4 40 feet; provided, however, that buildings exceeding 40 feet or 3 stories in height may be increased to 4 stories by conditional use permit. .030 Accessory Buildings. All accessory structures, including but not limited to garden and storage sheds and recreation structures, shall not exceed a height of one (1) story or fifteen (15) feet, whichever is less. (Ord. 5944 § 4; Sept. 28, 2004) .040 Height Limitations Near Single- Family Residential Zones. The maximum height of a building located within one hundred fifty (150) feet of a single- family residential zone is shown in the chart in subsection 18.06.090.040. 18.06.070 FLOOR AREA. .010 Floor Area— Single - Family. The minimum floor area for single- family detached dwellings is one thousand two hundred twenty five (1,225) square feet. .020 Floor Area — Residences Other than Single - Family Detached. The minimum floor area for single- family attached, two- family, and multiple - family dwellings in the multiple - family residential zones is shown in Table 6 -G. Table 6 -G FLOOR AREA: MULTIPLE - FAMILY RESIDENTIAL ZONES Zone Minimum Floor Area for Attached Single - Family, Two - Family, And Multiple- Family Dwellings RM -1 Subject to Section 18.06.160. RM -2 Studio units: 550 square feet, provided, however, that the number of studio units shall not exceed 20% of the total number of units. One - bedroom units: 750 square feet. Two - bedroom units: 950 square feet. Three - bedroom units: 1,150 square feet. Four - bedroom units: 1,350 square feet. RM -3 Studio units: 550 square feet, provided, however, that the number of studio units shall not exceed 20% of the total number of units. One - bedroom units: 700 square feet. Two - bedroom units: 825 square feet. Three - bedroom units: 1,000 square feet. More than a three bedroom unit: 1,000 square feet plus 200 square feet for each bedroom over three. RM -4 Same as RM -3. .030 Calculations. For purposes of this section, a "bedroom" is a private habitable room planned or used for sleeping, separated from other rooms by a door or a similar M Anaheim Zoning Code Multiple - Family Residential Zones partition. Further, all rooms (other than a living room, family room, dining room, bathroom, hall, lobby, closet or pantry) having seventy (70) square feet or more of floor area, or less than fifty percent (50 %) of the total length of any wall open to an adjacent room or hallway, shall be considered a "bedroom." 18.06.080 SITE COVERAGE. .010 Site Coverage. The maximum site coverage for multiple - family residential zones is shown in Table 6 -11. Table 6 -11 MAXIMUM SITE COVERAGE: MULTIPLE - FAMILY RESIDENTIAL ZONES Zone Maximum Site Coverage RM -1 50% for residential and accessory structures RM -2 40% for residential and accessory structures RM -3 45% for residential and accessory structures RM -4 55% for residential and accessory structures .020 Accessory Buildings and Structures. All accessory buildings and structures, except common recreational leisure area buildings, shall be included in the maximum site coverage calculation. 18.06.090 STRUCTURAL SETBACKS. The setback requirements in this section apply in the multiple - family residential zones. These requirements apply in addition to the Structural Setback and Yard Requirements in Chapter 18.40 (General Development Standards). .010 Setbacks Abutting A Public Street. Where a building site abuts upon any highway or public street there shall be a landscape setback, measured from the planned highway right - of -way line as indicated in the Circulation Element of the General Plan, and improved as provided herein: .0101 A project abutting an arterial highway shall have an average landscape setback of not less than twenty (20) feet in depth, with a minimum fifteen (15) feet permitted; provided, however, that for every foot of building frontage having a setback of less than twenty (20) feet, there shall be a foot of building frontage having a setback correspondingly greater than twenty (20) feet. .0102 A project abutting any public street other than an arterial highway shall have a minimum landscape setback of fifteen (15) feet. .020 Setbacks — Other. An open setback shall be provided around each building adjacent to interior lot lines, private streets, public or private alleys, or buildings located on the same building site. Minimum setback requirements shall be measured perpendicular to building walls and are determined based on the design of the building wall parallel to the street, interior property line, or adjacent building. Each building wall shall be categorized as primary, secondary or blank based on the following criteria relating to the placement of windows and doors: 6 -9 Anaheim Zoning Code Multiple - Family Residential Zones .0201 Primary: Building walls that contain entrances and exits and/or windows opening into living spaces where most activity occurs, such as dining rooms, living rooms, family rooms, kitchens and bedrooms. Building walls with balconies are also included. .0202 Secondary: Building walls that contain windows opening into bathrooms, closets, stairwells and corridors. 0203 Blank: Building walls with no window openings or points of access. .030 Setbacks Abutting Interior Property Lines. Setbacks for structures abutting an interior property line shall be provided along the entire length of the building as follows: Height of Building Wall Structural Landscaped Portion of Structure Category Setback Setback 1 story All 10 feet 5 feet minimum 2 -story -------------------- rim------------- P ------ a -- ry - - - - f eet 5 ----------------- ---- m--in-----u- - ------------- 15 imm Secondary 15 feet Blank 15 feet -------------------- 3 story ---------- --- --- --- Primary --- --- ------- ------------------- - ----- -------------- 20 feet 5 feet minimum Secondary 15 feet Blank 15 feet ------------------- 4 story -._- _-._...............-------- Primary --------------------------- -------------- 25 feet 10 feet minimum Secondary 20 feet Blank 15 feet .040 Setbacks Within One Hundred Fifty (150) Feet of Single- Family Residential Zones. Setbacks for structures abutting a single- family residential zone, or located within one hundred fifty (150) feet of a single - family residential zone, shall be provided along the entire length of any interior site boundary line as follows: Height of Structural Landscaped Portion of Structure Building Wall Category Setback Setback 1 story 20 feet 10 2 story Primary 35 feet 10 feet minimum Secondary 25 feet Blank 20 feet 3 story Primary 55 feet 10 feet minimum Secondary 45 feet Blank 40 feet --------------------- --------- --- --- --- --- --- ------- --------------------------- -------------- 4 story Primary 75 feet 15 feet minimum Secondary 65 feet 6 -10 Anaheim Zoning Code Multiple - Family Residential Zones Height of Structural Landscaped Portion of Structure Building Wall Category Setback Setback Blank 60 feet .050 Setbacks Between Buildings. The minimum setback between parallel walls of two (2) separate buildings of the same height or between two (2) parallel facing walls of the same building having the same height is prescribed by the following table. However, if a building is parallel to another building of a different height, the setback for each wall as shown in the following table shall be halved for each building, and then combined to determine the total setback between the buildings. Within the "RM -P' Zone, these distances may be modified pursuant to Section 18.06.160. 1 story Primary- Primary 20 feet Setback 40 feet Primary— Secondary Setback Height of Parallel Wall Between Height of Parallel Wall Between Structure Categories Walls Structure Categories Walls 1 story Primary- Primary 20 feet 3 story Primary- Primary 40 feet Primary— Secondary 15 feet Primary Secondary 25 feet Primary Blank 10 feet Primary Blank 15 feet Secondary Secondary 10 feet Secondary Secondary 15 feet Secondary-Blank 10 feet Secondary-Blank 15 feet Blank -Blank 10 feet Blank -Blank 15 feet ----------------------- ------------------------------- 2 story Primary- Primary 30 feet ----------------------------------------------------- 4 story Primary- Primary 50 feet Primary Secondary 20 feet Primary Secondary 35 feet Primary Blank 15 feet Primary Blank 30 feet Secondary Secondary 15 feet Secondary Secondary 30 feet Secondary-Blank 15 feet Secondary-Blank 30 feet Blank -Blank 15 feet Blank -Blank 30 feet .060 Wall Length. The minimum length of any primary or secondary wall (as described in subsection .020) shall be twelve (12) feet, with the exception that walls with windows for non - living space such as bathrooms and closets may be less than twelve (12) feet. The maximum length of any primary, secondary or blank wall shall be twenty (20) feet. .070 Required Improvement of Setback Areas. Required setbacks shall be landscaped with lawn, trees, shrubs or other plants as set forth in Chapter 18.46 (Landscaping and Screening) and shall be permanently maintained in a neat and orderly manner. Pedestrian walks, benches, tot lots, recreational facilities such as shuffleboard areas, and vehicular accessways shall be permitted in the areas outside the minimum landscaped area, except where the setback is a requirement of subsection .040 above. In addition, the following decorative elements are permitted where they are integral parts of a landscaped scheme comprised primarily of plants: 0701 Fountains, ponds, sculptures and planters. 6 -11 Anaheim Zoning Code Multiple - Family Residential Zones .0702 Fences, walls and hedges conforming to the provisions of Section 18.46.110 of Chapter 18.46 (Landscaping and Screening). .080 Allowable encroachments into the required setbacks in this section are set forth below. Any encroachment that conflicts with the Uniform Building Code or other codes, as adopted by the City, shall not be permitted. Any encroachment, except as described in subsection .0802 below, shall not be permitted within required setbacks abutting single - family residences or streets. .0801 A patio cover or canopy may encroach into the required setback between buildings. .0802 Cornices, eaves, belt courses, sills, buttresses and fireplaces may encroach into a required setback along an interior property line not more than four (4) inches for each one (1) foot of the width of the interior setback and may encroach into a required street setback not more than thirty (30) inches. .0803 Fixed awnings may encroach into a required setback along an interior property line no more than three (3) feet. .0804 Open, unenclosed balconies may encroach into a required street setback not more than three (3) feet. .0805 Private patios for ground -floor residential units may encroach not more than eight (8) feet into a required setback along an interior property line or a setback between buildings, but not into required landscape setbacks. .0806 Covered or uncovered porches or landings that do not extend above the level of the first floor of the building and that include an open railing not more than thirty -six (36) inches in height may encroach into any required setback not more than five (5) feet. .0807 Decorative guard railings for safety protection around hazardous areas may encroach into any required setback. .0808 The placement of outdoor recreational facilities may encroach into required setbacks between buildings on the same building site. 0809 Trees, shrubs, flowers or plants shall be permitted in any required setback. .0810 Fences and walls that comply with Section 18.46.110 of Chapter 18.46 (Landscaping and Screening) may encroach into required setbacks. 18.06.100 RECREATIONAL- LEISURE AND STORAGE AREAS. .010 Recreational- Leisure Areas. Recreational - leisure areas for multiple - family residential zones shall be provided as set forth in this section. The size of the areas is shown in Table 6-I. Table 64 MINIMUM SIZE OF RECREATIONAL - LEISURE AREAS: MULTIPLE - FAMILY RESIDENTIAL ZONES Zone Minimum Size of Recreational- Leisure Areas RM -1 350 square feet for each dwelling unit; amounts may be modified pursuant to Section 18.06.160 RM -2 1,000 square feet for each dwelling unit 6 -12 Anaheim Zoning Code Multiple - Family Residential Zones Table 6 -I MINIMUM SIZE OF RECREATIONAL - LEISURE AREAS: MULTIPLE - FAMILY RESIDENTIAL ZONES RM -3 350 square feet for each dwelling unit RM -4 200 square feet for each dwelling unit .020 The recreational - leisure areas required by Table 6 -I may be provided by private areas, common areas, or a combination of both. .0201 Private Recreational - Leisure Areas. For all multiple - family residential zones other than the "RM -4" Zone, any private patios for ground floor units shall be not less than two hundred (200) square feet in area, with a minimum dimension of ten (10) feet. In the "RM -4" Zone, any private patios for ground floor units shall be not less than one hundred (100) square feet in area, with a minimum dimension of eight (8) feet. In all multiple - family residential zones, private balconies for dwelling units located entirely above the ground floor shall be not less than seventy (70) square feet in area, with a minimum dimension of seven (7) feet. Balcony rails shall be fifty percent (50 %) finished with a permanent building material that matches or is otherwise compatible with the building. .0202 Common Recreational- Leisure Areas. All common recreational - leisure areas shall be conveniently located and readily accessible from all dwelling units located on the building site and shall be integrated with and contiguous to other common areas on the building site. The common recreational - leisure area may be composed of active or passive facilities and may incorporate any required setback areas other than street setback areas and required landscape setbacks, but shall not include or incorporate any driveways or parking areas, trash pickup or storage areas or utility areas. The common recreational - leisure area shall have a minimum dimension of ten (10) feet. .0203 Improvement of Common Recreational- Leisure Areas. All common recreational - leisure areas shall be landscaped with lawn, trees, shrubs or other plants as set forth in Chapter 18.46 (Landscaping and Screening) with the exception of reasonably required pedestrian walkways and paved recreational facilities such as swimming pools and decks and court game facilities. Fountains, ponds, waterscape, sculpture, planters, benches and decorative screen -type walls installed incidentally to the primary plants in the landscaping shall be permitted and encouraged. All required common recreational - leisure areas and other required open space areas shall be developed and professionally maintained in accordance with approved landscape and irrigation plans. .030 Storage Areas. General storage cabinets with a minimum size of one hundred (100) cubic feet capacity shall be required for each dwelling unit and may be provided adjacent to private recreational - leisure areas or located in close proximity to the unit. 18.06.110 PARKING AND LOADING. Parking and loading requirements for multiple - family residential zones are set forth in Chapter 18.42 (Parking and Loading). (Ord. 5944 § 5; Sept. 28, 2004) 18.06.120 SIGNS. Sign requirements for multiple - family residential zones are set forth in Chapter 18.44 (Signs). 6 -13 Anaheim Zoning Code 18.06.130 LANDSCAPING. Multiple - Family Residential Zones In addition to the provisions of this chapter, landscaping shall be permitted and/or required in multiple - family residential zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). 18.06.140 FENCES, WALLS AND BEDGES. Fences, walls, hedges and berms shall be permitted and /or required in multiple - family residential zones subject to the conditions and limitations set forth in subsection 18.46.110 of Chapter 18.46 (Landscaping and Screening). 18.06.150 REFUSE STORAGE AND RECYCLING FACILITIES. Lots containing other than a single - family dwelling shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file in the Public Works Department. The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent streets, other public rights -of -way, or adjacent lots. Recycling bins shall also be provided. Trash storage areas shall not be located within required setbacks abutting lots zoned or used for single- family residential. 6 -14 Anaheim Zoning Code Multiple - Family Residential Zones 18.06.160 RESIDENTIAL PLANNED UNIT DEVELOPMENT. .010 Residential Planned Unit Development. All development in the "RM -1" Zone and development in the "RM -3" or "RM -4" Zones that includes single- family attached dwellings shall be subject to the 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). .020 Maximum Density and Minimum Project Size. The maximum density of residential units approved pursuant to this section shall not exceed the density as identified in the General Plan. All projects in the "RM -1" Zone shall be a minimum of one (1) acre in size. .030 Modification of Other Standards. The minimum lot width as set forth in Table 6- E, minimum floor area as set forth in Table 6 -G, maximum site coverage as set forth in Table 6 -H, setbacks as set forth in Section 18.06.090, and minimum size of recreational - leisure areas as set forth in Table 6 -I may be modified in order to achieve a good project design, privacy, livability, and compatibility with surrounding uses. (Ord. 5944 § 6; Sept. 28, 2004) .040 Application. The application for a conditional use permit shall be accompanied by information required by the application form. .050 Findings. Before the Planning Commission approves the conditional use permit, it shall make the following findings: .0501 The uses within the project are compatible; .0502 New buildings or structures related to the project are compatible with the scale, mass, bulk, and orientation of existing buildings in the surrounding area, provided the existing buildings conform with the provisions of this title; .0503 Vehicular and pedestrian access are adequate; .0504 The project is consistent with applicable design guidelines adopted by the City; .0505 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; .0506 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; .0507 The project complies with the General Plan and any applicable zoning or specific plan; and .0508 The granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. .060 Maintenance Covenant. If the ownership of part or all of any development is proposed to be subdivided into any form of joint group /individual ownership (i.e., exclusive right of occupancy or interest in any portion of the development coupled with an undivided interest in any portion of the development, including air space subdivisions), the corporation or limited partnership shall have the responsibility to maintain the buildings and use of the property for residential development. All mutually available features such as recreational 6 -15 Anaheim Zoning Code Multiple - Family Residential Zones areas, community buildings, landscaping, as well as the general appearance of the premises and buildings shall be adequately and professionally maintained and as indicated on the approved final development plans. 18.06.170 COMMUNITY DESIGN ELEMENT. The multiple - family provisions of the Community Design Element of the General Plan shall be used as a guide during the review of all multiple - family projects. o Anaheim Zoning Code 18.06.090.050 (Setbacks Between Buildings) Multiple - Family Residential Zones For Buildings of Setback Required Different Heights Between Building Walls Setback Equals A + B 2 2 6 -17 Item No. 4 Chapter 18.08 COMMERCIAL ZONES Sections: 18.08.010 18.08.020 18.08.030 18.08.040 18.08.050 18.08.060 18.08.070 18.08.080 18.08.090 18.08.100 18.08.110 Purpose. Intent of individual zones. Uses. Site and building area. Structural heights. Structural setbacks. Parking and loading. Signs. Landscaping. Fences, walls and hedges. Refuse storage and recycling facilities. 18.08.010 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, to provide for and encourage the orderly development of safe, attractive and healthy commercial areas within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. 18.08.020 INTENT OF INDIVIDUAL ZONES. .010 "C -G" General Commercial Zone. The intent of the "C -G" Zone is to allow a variety of land uses, including some identified for the Neighborhood Center Commercial zone described below. Areas designated as "C -G" General Commercial do not necessarily serve the adjacent neighborhood or surrounding clusters of neighborhoods. In addition to some of the uses described in the commercial centers zones, they typically include highway - serving uses such as fast food restaurants, auto - oriented uses such as tire stores and auto parts stores, and stand -alone retail uses. This zone implements the General Commercial land use designation in the General Plan. .020 "C -NC" Neighborhood Center Commercial Zone. The intent of the "C -NC" Zone is to serve surrounding neighborhoods. It is intended to provide convenience uses such as grocery stores, drug stores, sporting goods stores, small retail stores, hair salons, dry cleaners, nail salons, hardware stores (excluding big -box retail), appliance stores, neighborhood- serving restaurants, bakeries, banks, specialty shops, and civic uses such as fire stations, post offices, community centers, and child care centers. It is intended to encourage clusters of commercial uses, not strip commercial development. Projects should be compatible in scale and design with adjacent residential areas and should be designed to encourage pedestrian usage. Properties located within the "C -NC" Zone are typically one (1) to fifteen (15) acres in size. This zone implements the Neighborhood Center land use designation in the General Plan. .030 "C -R" Regional Commercial Zone. The intent of the "C -R" Zone is to serve a larger area than the "C -NC" Zone and to include some regional commercial uses. Allowable uses could include national retail chains, department stores, specialty stores, theatres, M Anaheim Zoning Code Commercial Zones regional - serving restaurants, and big -box retail. The "C -R" Zone also allows for limited professional offices. Properties located within the "C -R" Zone are typically eight (8) to sixty - five (65) acres in size. This zone implements the Regional Commercial land use designation in the General Plan. .040 "O -L" Low Intensity Office Zone. The intent of the "O -L" Zone is to provide for a variety of low- intensity office uses that are typically three (3) stories or less, including local branches of financial institutions, legal services, insurance services, real estate, consulting services, professional offices, and medical or dental offices and support services. This zone implements the Office -Low land use designation in the General Plan. .050 "O -H" High Intensity Office Zone. The intent of the "O -H" Zone is to provide for higher density office uses that have at least four (4) stories. This zone is intended to be applied in areas planned for more concentrated urban uses such as The Platinum Triangle, or in key locations at potential transit locations, major intersections, or in close proximity to activity centers such as the Community College in the North Euclid Street area. This zone implements the Office -High land use designation in the General Plan. 18.08.030 USES. .010 Primary Uses. Table 8 -A (Primary Uses: Commercial Zones) identifies allowable primary uses, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 8 -13 (Accessory Uses and Structures: Commercial Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 8 -C (Temporary Uses and Structures: Commercial Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 8 -A, 8 -13 and 8 -C for each zone are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; .0403 "N" designates classes of uses that are prohibited; and .0404 "T" designates classes of uses permitted with a telecommunications antenna review permit. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 8 -A, 8 -13 or 8 -C are set forth in Section 18.36.020 (Classification of Uses) of Chapter 18.36 (Types of Uses). .060 Unlisted Uses. Any class of use that is not listed in Table 8 -A, Table 8 -13, or Table 8 -C is not permitted. .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 8- 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. M Anaheim Zoning Code Commercial Zones .080 Conversion of Residential Structures. In addition to the provisions of Table 8 -A, the conversion of a residential structure within the "C -G" or "O -L" zone to a commercial use requires a conditional use permit and compliance with Section 18.38.110 (Conversion of a Residential Structure) of Chapter 18.38 (Supplemental Use Regulations). .090 Destroyed Homes. Notwithstanding the provisions of Table 8 -A, a legally established single - family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the RS -2 or RS -3 Zone, based on lot size, provided that a complete and proper application for a building permit is filed with the Building Division within two (2) years of the date of the event that caused the damage or destruction. .100 Commercial Retail Centers. No combination of otherwise permitted uses that constitute a "commercial retail center" as defined in Chapter 18.92 (Definitions) shall be permitted unless a conditional use permit is obtained pursuant to Chapter 18.66 (Conditional Use Permits). .110 Temporary Modular Units. All uses that are conducted with temporary modular units shall obtain a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .120 Operational Characteristics. Uses shall be conducted as set forth in this section. .1201 All uses except the following shall be conducted wholly within a building: normal service station operations; those uses whose description in Chapter 18.36 (Types of Uses) allows for outdoor activities; and those uses specifically allowed by this chapter to have outdoor activities. 1202 All uses shall be conducted in a manner so as not to be objectionable by reason of noise, odor, dust, fumes, smoke, vibrations, excessive lighting (glare) or other similar causes. .130 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 8 -A, 8 -B and 8 -C. Such provisions may include references to other applicable code sections or limitations to the specified land use. .140 Overlay Zones. Any property that is located within an overlay zone may be subject to additional requirements as specified in the overlay zone. Table 8 -A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Rea uired C -NC C -R C-G O -L O -H Special Provisions Residential Classes of Uses Mobile Home Parks N N C t 1 4 9W Anaheim Zoning Code Commercial Zones Table 8 -A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required C -NC C -R C-G O -L O -H Special Provisions 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 requ 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 - T T T T T Subject to § §18.38.060 Stealth Building- Mounted and 18.62.020 Antennas Telecommunications- C C C C C Subject to §18.38.060 Stealth Ground - Mounted Antennas Telecommunications- N N N N N Subject to §18.38.060 Ground - Mounted Automotive —Car Sales & Rental N N C N N Subject to §18.38.200 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 §18.38.070 Automotive Washing N C C C C In O -L and O -H Zones, must be accessory to an Automotive —Service Station use Bars & Nightclubs C C C C C In O -L and O -H Zones, must be accessory to an Office use Bed and Breakfast Inns C C C C C Subject to § 18.3 8.080 Billboards N N C N N Boat & RV Sales N N C N N Subject to §18.38.200 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 M1 Anaheim Zoning Code Commercial Zones Table 8 -A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required Dance & Fitness Studios —Large C-NC C -R C-G O -L 0.11 Special Provisions Computer Internet & Amusement N C C N N Facilities C C C C C Convalescent & Rest Homes N N C N N Convenience Stores C C C C C Subject to §18.38.110; Educational Institutions—General N C C N C in O -L and O -H Zones, Equipment Rental —Large N C C N N shall be accessory to an Equipment Rental —Small C P P N N 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 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 In O -L and O -H Zones, must be integrated within an office building Personal Services — Restricted C C C C C In O -L and O -H Zones, must be accessory to an Office use Plant Nurseries N C P N N Subject to §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 9W Anaheim Zoning Code Commercial Zones Table 8 -A P Permitted by Right PRIMARY USES: COMMERCIAL ZONES C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required go C -NC C -R C-G O -L 0.11 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 §18.38.220 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 §18.38.190 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 go Anaheim Zoning Code Commercial Zones Table 8 -13 P by Right ACCESSORY USES AND STRUCTURES: C C Conditional Use Permit Required COMMERCIAL ZONES N Prohibited 8 -7 C -NC C -R C-G O -L O -H Special Provisions Amusement Devices P P P N N Animal Keeping N P P N N Subject to §18.38.030 Antennas —Dish P P P P P Subject to §18.38.050 Antennas Receiving P P P P P Subject to §18.38.050 Bingo Establishments C C C C C Caretaker Units N P P N N Subject to §18.38.090 Fences & Walls P P P P P Subject to §18.40.050; this use may occur on a lot without a primary use Home Occupations N P P N N Subject to §18.38.130 Landscaping & Gardens P P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment— P P P P P Subject to §18.38.160 Ground Mounted Mechanical & Utility Equipment — P P P P P Subject to § 18.38.170 Roof Mounted Outdoor Displays N P P N N Subject to §18.38.190 Parking Lots and Garages P P P P P To serve needs of on- site primary use only Portable Food Carts N P P N N Subject to §18.38.210 Recreation Buildings & Structures N N P P N Only in conjunction with non - conforming single - family residence Signs P P P P P Subject to Chapter 18.44 Solar Energy Panels P P P P P Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Vending Machines P P P P P Shall be screened from view from public rights - of -way and shall not encroach onto sidewalks 8 -7 Anaheim Zoning Code Commercial Zones Table 8 -C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required COMMERCIAL ZONES N Prohibited C -NC C -R C -G O -L O -H Special Provisions Carnivals & Circuses P P P N N Subject to Chapter 4.53 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 18.08.040 SITE AND BUILDING AREA. .010 Minimum Site Area. The minimum site area for commercial zones is shown in Table 8 -D. Table 8 -D MINIMUM SITE AREA: COMMERCIAL ZONES Zone Minimum Site Area C -NC 1 acre C -R 8 acres C -G None, except as provided in Subsection .020 below O -L Twenty thousand (20,000) square feet except where an Area Development Plan as set forth in Chapter 18.64 (Area Development Plans) allowing for a different site area has been adopted by resolution of the Planning Commission and/or the City Council. 0-11 3 acres .020 Additional Site Requirements. In addition to the provisions of Table 8 -1), the following provisions apply in all commercial zones. .0201 The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of the zone. .0202 Adequate provisions shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, accessways or parking areas on adjacent sites. .0203 Adequate provisions shall be made for loading and unloading of supplies and materials and collection of refuse in a manner that is screened from view and does not obstruct required parking and accessways or impact adjacent land uses. M Anaheim Zoning Code Commercial Zones .0204 The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. .030 Building Size. No commercial building shall be less than four hundred (400) square feet in size, excluding kiosks. 18.08.050 STRUCTURAL HEIGHTS. .010 Maximum Heights. The maximum structural heights for commercial zones are shown in Table 8 -E. Table 8 -E MAXIMUM STRUCTURAL HEIGHT: COMMERCIAL ZONES Zone Maximum Structural Height C -NC 75 feet, except as provided below • The maximum height of any building or structure within 150 feet of any single - family residential zone boundary (other than property under a resolution of intent to any non- residential or multiple- family zone) shall be as follows, based on the distance from the building or structure to the zone boundary: Distance Height 20 -50 feet 1 story (20 feet) 51 -75 feet 2 stories (28 feet) 76 -100 feet 3 stories (38 feet) 101 -125 feet 4 stories (50 feet) 126 -150 feet 5 stories (63 feet) Over 150 feet 6 stories (75 feet) C -R 75 feet, except as provided below • The maximum height of any building or structure within 150 feet of any single - family residential zone boundary (other than property under a resolution of intent to any non- residential or multiple- family zone) shall be as follows, based on the distance from the building or structure to the zone boundary: Distance Height 25 -50 feet 1 story (20 feet) 51 -75 feet 2 stories (28 feet) 76 -100 feet 3 stories (38 feet) 101 -125 feet 4 stories (50 feet) 126 -150 feet 5 stories (63 feet) Over 150 feet 6 stories (75 feet) C -G Same as GNC 0-1, 50 feet, except as provided below • The maximum height of any building or structure within 100 feet of any single- family residential zone boundary (other than property under a resolution of intent to any non- residential or multiple - family zone) shall be as follows, based on the distance from the building or structure to the zone boundary: Distance Height 20 -50 feet 1 story (20 feet) 51 -100 feet 2 stories (35 feet) Over 100 feet 3 stories (50 feet) 99 Anaheim Zoning Code Commercial Zones Table 8 -E MAXIMUM STRUCTURAL HEIGHT: COMMERCIAL ZONES O -H 150 feet, except as provided below • The maximum height of any building or structure within 150 feet of any single - family residential zone boundary (other than property under a resolution of intent to any non- residential or multiple - family zone) shall be as follows, based on the distance from the building or structure to the zone boundary: Distance Heieht 20 -50 feet 1 story (20 feet) 51 -100 feet 2 stories (35 feet) 101 -150 feet 3 stories (50 feet) Over 150 feet 12 stories (150 feet) .020 Projections. Projections above the height limit are permitted as set forth in Section 18.40.030 in Chapter 18.40 (General Development Standards). .030 Dedicated streets or alleys may be included in calculating distance requirements. 18.08.060 STRUCTURAL SETBACKS. .010 Setbacks. The minimum setbacks for commercial zones are set forth in Table 8 -F. These setbacks apply in addition to the setback and yard requirements of Sections 18.40.040 (Structural Setbacks and Yards) and 18.40.050 (Special Area Setbacks) of Chapter 18.40 (General Development Standards). .0101 Landscaped setbacks are set forth in Part 1 of Table 8 -F; these areas shall be landscaped with lawns, trees, shrubs or other plants as set forth in Chapter 18.46 (Landscaping and Screening) and shall not contain any portion of any structure except as specifically allowed by this section. .0102 Structural setbacks are set forth in Part 2 of Table 8 -F; these areas shall not contain any portion of any structure except as specifically allowed by this section. Landscaping is required only within any required landscaped setbacks. .0103 Encroachments into setback areas are set forth in Subsection .020 below. Table 8 -F MINIMUM SETBACKS: COMMERCIAL ZONES Zone Minimum Setbacks Part 1— Landscaped Setbacks C -NC • 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 • Abutting Any Residential Zone Boundary: 10 feet. Anaheim Zoning Code Table 8 -F MINIMUM SETBACKS: COMMERCIAL ZONES Commercial Zones • 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 • Abutting Any Residential Zone Boundary: 10 feet. • Abutting Any Alley: None. O -L Same as C -NC O -H Same as C -R Part 2— Structural Setbacks C -NC • 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 8 -11 Anaheim Zoning Code Table 8 -F 1051 ICI hL IILL ILI DNS RXIM VVI[KI'LL 105 1 DI Ky L\ WK1112I %f Commercial Zones • 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 Same as GNC O -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 Boundary: • 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 .020 Building Setbacks. Where trash enclosures, trash compactors, loading and delivery areas or bays, compressors or other mechanical equipment are proposed in setback areas adjacent to residential uses and residential zones, the minimum setback between these structures and uses and the residential zone boundary shall be not less than ten (10) feet. .030 Encroachments. Allowable encroachments into the setback requirements in Table 8 -F are set forth below. Any encroachment that conflicts with the Uniform Building Code, as adopted by the City, shall not be permitted. .0301 Canopies (fixed) or trellises may encroach into a required setback on a public street no more than three (3) feet. .0302 Cornices, eaves, sills, belt courses, buttresses and fireplaces may encroach into any required setback not more than two (2) feet. 8 -12 Anaheim Zoning Code Commercial Zones .0303 Driveways providing access from adjacent streets or private accessways may encroach into any required street landscape and structural setback. .0304 Fences and walls that comply with Section 18.46.110 of Chapter 18.46 (Landscaping and Screening) may encroach into any required setback. .0305 Three (3) flagpoles for the display of national, state, city and/or company trademark or logo, not to exceed the maximum structural height. .0306 Guard railings for safety protection around hazardous areas as required by City codes may encroach into any required setback. .0307 Light fixtures may encroach into any required setback except required setbacks adjacent to residential zones where developed with residential uses or residential uses in any zone. .0308 Parking spaces (open) and open vehicular accessways may encroach into required structural setback areas, but shall not encroach into minimum required landscape setbacks. .0309 Signs that comply with Section 18.08.080 of this chapter may encroach into any required setback. .0310 Trees, shrubs, flowers or plants shall be permitted in any required setback as permitted in Chapter 18.46 (Landscaping and Screening). .0311 Walkways leading from parking areas and public sidewalks may encroach into any required landscaped setback, provided the walkway is integrated with the landscape design and does not significantly reduce the landscape area. 18.08.070 PARKING AND LOADING. Parking and loading requirements for commercial zones are set forth in Chapter 18.42 (Parking and Loading). (Ord. 5944 § 7; Sept. 28, 2004) 18.08.080 SIGNS. Sign requirements for commercial zones are set forth in Chapter 18.44 (Signs). 18.08.090 LANDSCAPING. Landscaping shall be permitted and /or required in commercial zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). 18.08.100 FENCES, WALLS AND BEDGES Fences, walls, hedges and berms shall be permitted and /or required in commercial zones subject to the conditions and limitations set forth in Subsection 18.46. 110 of Chapter 18.46 (Landscaping and Screening). 18.08.110 REFUSE STORAGE AND RECYCLING FACILITIES. Lots containing other than a single - family dwelling shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file with the Public Works Department. The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent streets, adjacent residential uses and zones, or 8 -13 Anaheim Zoning Code Commercial Zones other public rights -of -way. Recycling bins shall also be provided as required by the Public Works Department. 8 -14 Item No. 4 Chapter 18.10 INDUSTRIAL ZONE Sections: 18.10.010 Purpose. 18.10.020 Intent. 18.10.030 18.10.040 18.10.050 18.10.060 18.10.070 18.10.080 18.10.090 18.10.100 18.10.110 Uses. Site area. Building heights. Building setbacks. Parking and loading. Signs. Landscaping. Fences, walls and hedges. Refuse storage and recycling facilities. 18.10.010 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the industrial zone in order to produce healthy, safe, and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of the industrial zone is described below. 18.10.020 INTENT. The intent of the "P' Industrial zone is to provide for and encourage the development of industrial uses and their related facilities, recognize the unique and valuable existing industrial land resources, and encourage industrial employment opportunities within the City. Targeted industries include research and development, repair services, wholesale activities, distribution centers, and manufacturing and fabrication. In some situations, other types of uses are allowed with a conditional use permit. This zone implements the Industrial land use designation in the General Plan. 18.10.030 USES. .010 Primary Uses. Table 10 -A (Primary Uses: Industrial Zone) identifies allowable primary uses, listed by classes of uses as defined in Section 18.36.030 and Section 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 10 -B (Accessory Uses and Structures: Industrial Zone) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 10 -C (Temporary Uses and Structures: Industrial Zone) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 10 -A, 10 -B and 10 -C for this zone are established by letter designations as follows: 10 -1 Anaheim Zoning Code Industrial Zone .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; .0403 "N" designates classes of uses that are prohibited; and .0404 "T" designates classes of uses permitted with a telecommunications antenna review permit. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 10 -A, 10 -B or 10 -C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .060 Unlisted Uses. Any use class that is not listed in Tables 10 -A, 10 -B or 10 -C is not permitted. .070 Sites Formerly Used for Service Stations. Notwithstanding the provisions of Table 10 -A, any use of a building or service station canopy that was formerly used as an automobile service station shall require a conditional use permit. .080 Temporary Modular Units. All uses that are conducted with temporary modular units shall obtain a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .090 Destroyed Homes. Notwithstanding the provisions of Table 10 -A, a legally established single - family residence, existing on the date of adoption of the ordinance codified in this subsection, that is damaged or destroyed by earthquake, fire, wind, flood, explosion or other disaster, casualty or Act of God, or of a public enemy, may be reconstructed subject to development standards contained within either the "RS -2" or "RS -3" Zone, based on lot size, provided that a complete and proper application for a building permit is filed with the Building Division within two (2) years of the date of the event that caused the damage or destruction. .100 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 10 -A, 10 -B and 10 -C. Such provisions may include references to other applicable code sections or limitations to the specified land use. Table 10 -A PRIMARY USES: INDUSTRIAL ZONE P Permitted by Right C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required 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-0n -Sale C Ambulance Services P 10 -2 Anaheim Zoning Code Industrial Zone Table 10 -A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required Business & Financial Services I Special Provisions Animal Boarding C C Animal Grooming C Day Care Centers Antennas — Broadcasting C C Antennas — Telecommunications - T Subject to § §18.38.060 and 18.62.020 Stealth Building- Mounted Equipment Rental —Large C Conditional use permit not required if conducted entirely indoors Antennas — Telecommunications - C Subject to §18.38.060 Stealth Ground - Mounted Antennas — Telecommunications - N Subject to §18.38.060 Ground - Mounted 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 Subject to § 18.3 8.200 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 § 18.38.200 Business & Financial Services C Community & 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 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 10 -3 Anaheim Zoning Code Industrial Zone Table 10 -A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required motel, or bowling alley Recreation —Commercial Outdoor I Special Provisions Industry—General C Junkyards C Subject to §18.38.200 Mortuaries C Subject to Chapter 18.48; reverse vending machines located Offices — Development P entirely within a structure do not require any zoning approval Offices—General C Permitted without conditional use permit only if accessory to an Recycling Services — Processing C industrial or other primary permitted use Oil Production C Subject to §18.38.180 Outdoor Storage Yards C Subject to §18.38.200 Personal Services—General C Personal Services — Restricted C Subject to §18.38.220 Plant Nurseries P Subject to § 18.38.190 and § 18.38.200; Retail only requires a conditional use permit Public Services P units; Subject to §18.38.220 Recreation Bowling & Billiards C Subject to §18.38.220 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—G eneral 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 Subject to §18.38.220 Restaurants — Walk -Up C 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 10 -4 Anaheim Zoning Code Industrial Zone Table 10 -A P Permitted by Right PRIMARY USES: INDUSTRIAL ZONE C Conditional Use Permit Required N Prohibited T Telecommunications Antenna Review Permit Required 10 -5 I Special Provisions Studios — Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to §18.38.200 Utilities —Major C Utilities —Minor P Veterinary Services C Warehousing & Storage Enclosed P Wholesaling P Table 10 -B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required INDUSTRIAL ZONE N Prohibited I Special Provisions Amusement Devices P Animal Keeping P Subject to §18.38.030 Antennas Dish P Subject to §18.38.050 Antennas — Receiving P Subject to §18.38.050 Caretaker Units P Subject to §18.38.090 Fences & Walls P Subject to § 18.40.050; this use may occur on a lot without a primary use Home Occupations P Subject to §18.38.130 Landscaping & Gardens P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment— P Subject to § 18.38.160 Ground Mounted Mechanical & Utility Equipment — P Subject to § 18.38.170 Roof Mounted Parking Lots and Garages P Petroleum Storage Incidental P Shall comply with the Uniform Fire Code Portable Food Carts P Subject to §18.38.210 Recreation Buildings & Structures P Retail Floor, Wall &Window P Subject to §18.38.250 Coverings Signs P Subject to Chapter 18.44 Vending Machines P Shall be screened from view from public rights -of -way and shall not encroach onto sidewalks 10 -5 Anaheim Zoning Code Industrial Zone Table 10 -B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required INDUSTRIAL ZONE N Prohibited I Special Provisions Warehousing & Storage —Outdoors P Subject to §18.38.200 Table 10 -C P Permitted by Right TEMPORARY USES AND STRUCTURES: C Conditional Use Permit Required INDUSTRIAL ZONE N Prohibited I Special Provisions Carnivals & Circuses C Except as permitted in Chapter 4.53 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 § 18.38.240 18.10.040 SITE AREA. The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of this zone. Adequate provision shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways, and between coordinated facilities, accessways or parking areas on adjacent sites. The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. 18.10.050 BUILDING HEIGHTS. Maximum Structural Height. Except for projections as permitted in Section 18.40.030 in Chapter 18.40 (General Development Standards), the maximum height of any building or structure shall be one hundred (100) feet, except as may be permitted by conditional use permit or as provided below: .010 The height of any building or structure within two hundred (200) feet of any residential zone boundary shall not exceed one -half ('/2) of the distance from the building or structure to the zone boundaries. .020 The height of any building or structure within forty (40) feet of any residential zone boundary may equal, but shall not exceed, twenty (20) feet. .030 Streets or alleys may be included in calculating the distance referred to in this section. 18.10.060 BUILDING SETBACKS. The building setback requirements in this section apply in the industrial zone. to Anaheim Zoning Code Industrial Zone .010 Applicability. These setbacks apply in addition to the setback and yard requirements of Chapter 18.40 (General Development Standards). .020 Street Setback. All properties abutting a public street shall have an open setback area for the full width of the property. This setback shall be parallel to the centerline of the street and shall be measured from the planned highway right -of -way line as designated on the Circulation Element of the General Plan or the ultimate right -of -way line of a local street, and shall be of a depth as indicated below: .0201 Abutting any arterial highway: a setback of not less than fifty (50) feet. This setback area shall comply with either of the following provisions: .01 It shall be fully landscaped; or .02 It shall be landscaped in the portion of the area not less than twenty (20) feet parallel with and adjacent to the arterial highway property line, with the remainder of the required setback area used for parking and/or vehicular circulation. .0202 Abutting collector streets, freeway frontage roads, and freeway rights -of- way (including any freeway transition road and on or off ramp): a setback of not less than twenty -five (25) feet. This setback area shall comply with either of the following provisions: .01 It shall be fully landscaped; or .02 It shall be landscaped in the portion of the area not less than fifteen (15) feet parallel with and adjacent to the street or freeway, with the remainder of the required setback area used for parking and /or vehicular circulation. .0203 Abutting local streets and private streets: a setback of not less than ten (10) feet, fully landscaped. .030 Interior Setbacks. Setbacks abutting interior property lines are not required except where an industrially zoned lot abuts any residential zone or lot containing a residential unit. When this situation exists, the building or structure shall not be any closer to the zone boundary than twice the height of the wall or side of that structure except as permitted in subsection 18.10.050.020. A ten (10) -foot landscaped area shall be provided adjacent to the zone boundary. Interior setbacks beyond this ten (10) -foot landscaped area may be used for parking or storage subject to all site development standards of this chapter. .040 Service Station Setbacks. Where an automobile service station is established in an industrial zone, the appropriate setback for the street upon which the property has frontage shall apply. Pump islands may be placed within the setback area but shall be located no closer than the minimum landscaped setback for that street frontage 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. .050 Landscaping of Setback Areas. Except as otherwise provided in this title, all required setback areas shall be landscaped with lawn, trees, shrubs or other plant materials as set forth in Chapter 18.46 (Landscaping). .060 Sidewalk Waivers. In those industrial areas where applicants have been granted temporary sidewalk waivers, the landscaping shall extend to the curb. Any trees shall be located so as not to conflict with potential sidewalks. Plants within the existing or ultimate 10 -7 Anaheim Zoning Code Industrial Zone public right -of -way, with the exception of trees, shall not exceed thirty-six (36) inches in height. .070 Encroachments. Allowable encroachments into required structural setback areas in this section are set forth below. Any encroachment that conflicts with the Uniform Building Code, as adopted by the City, shall not be permitted. .0701 Cornices, eaves, sills, belt courses, buttresses and fireplaces may encroach into a required setback not more than two (2) feet. .0702 Driveways providing access from adjacent streets or private accessways are permitted to encroach into any required street landscape and structural setback. .0703 Fences and walls that comply with Section 18.46.110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening) may encroach into any required setback. .0704 Fixed decorative canopies and trellises may encroach into a required structural setback, but not a required landscape setback, on a public street or highway no more than six (6) feet. .0705 Flagpoles may encroach into any required setback. .0706 Guard railings for safety protection around hazardous areas as required by City codes may encroach into any required setback. .0707 Light fixtures may encroach into any required setbacks except required setbacks adjacent to residential zones and uses. .0708 Open parking spaces and accessways shall be permitted within required structural setback areas but shall not encroach into minimum required landscape setbacks. .0709 Signs that comply with Section 18.10.080 of this chapter may encroach into any required setback. .0710 Trees, shrubs, flowers or plants shall be permitted in any required setback. .0711 Walkways leading from parking areas and public sidewalks maybe permitted to encroach into any required landscaped setback, provided the walkway is integrated with the landscape design. 18.10.070 PARKING AND LOADING. Parking and loading requirements for the industrial zone are set forth in Chapter 18.42 (Parking and Loading). (Ord. 5944 § 9; Sept. 28, 2004) 18.10.080 SIGNS. Sign requirements for the Industrial zone are set forth in Chapter 18.44 (Signs). 18.10.090 LANDSCAPING. Landscaping shall be required and/or permitted in the Industrial zone subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). 18.10.100 FENCES, WALLS AND HEDGES IM. Anaheim Zoning Code Industrial Zone Fences, walls, hedges and berms shall be permitted and/or required in the Industrial zone subject to the conditions and limitations set forth in Section 18.46. 110 (Screening, Fences, Walls and Hedges) of Chapter 18.46 (Landscaping and Screening). 18.10.110 REFUSE STORAGE AND RECYCLING FACILITIES. Lots containing other than a single - family dwelling shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file in the Public Works Department. The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent streets or other public rights -of -way. Recycling bins shall also be provided. 10 -9 Item No. 4 Chapter 18.14 PUBLIC AND SPECIAL - PURPOSE ZONES Sections: 18.14.010 Purpose. 18.14.020 Intent of individual zones. 18.14.030 Uses. 18.14.040 Lot area. 18.14.050 Lot width. 18.14.060 18.14.070 18.14.080 18.14.090 18.14.100 18.14.110 18.14.120 18.14.130 18.14.140 18.14.150 18.14.160 Lot depth and orientation. Structural heights. Floor area. Lot coverage. Structural setbacks. Structural location and orientation. Parking and loading. Signs. Landscaping. Fences, walls and hedges. Refuse storage and recycling facilities. 18.14.010 PURPOSE. The purpose of this chapter is to define allowable land uses and property development standards, including intensity of development, for the public, semi - public, and special - purpose zones in order to produce healthy, safe, and attractive neighborhoods within the City of Anaheim, consistent with the policy direction in the Anaheim General Plan. The intent of each of the public and special - purpose zones is described below. 18.14.020 INTENT OF INDIVIDUAL ZONES. .010 "OS" Open Space Zone. The intent of the "OS" Zone is to protect and preserve open space for the preservation of natural resources, for the conservation and managed production of other resources, for outdoor recreation and education and for public health and safety. This zone is intended to be applied to permanent easements, public and semi - public land and agricultural land. This zone implements the Open Space designation in the General Plan. .020 "PR" Public Recreational Zone. The intent of the "PR" Zone is to establish for the benefit of the health, safety and general welfare of the citizens of Anaheim and its visitors, a zone to preserve, regulate and control the orderly use and enjoyment of City -owned properties and facilities and adjacent private property. Property within the purview of the Public Recreational Zone includes (a) City -owned property, whether the same is exclusively occupied by the City or is used by others on the basis of some agreement with or concession by the City, and (b) adjacent private property, whose use and development has an impact on the use and enjoyment of City -owned property and facilities. This zone implements the Parks and Water Uses land use designations in the General Plan. 141 Anaheim Zoning Code Public and Special - Purpose Zones .030 "SP" Semi - Public Zone. The intent of the "SP" Zone is to provide locations for uses that support civic, governmental, cultural, health, educational, recreational, and infrastructure uses of the community, but have limited commercial uses. In some situations, other types of complementary uses are allowed with a use permit. This zone implements the Institutional, Parks, Schools, and Water Uses land use designations in the General Plan. .040 "T" Transition Zone. The intent of the "T" Zone is to provide for a zone to include land that is used for agricultural uses, in a transitory or interim use, restricted to limited uses because of special conditions, or not zoned to one of the zoning districts in this title for whatever reason, including recent annexation. 18.14.030 USES. .010 Primary Uses. Table 14 -A (Primary Uses: Public and Special - Purpose Zones) identifies allowable primary uses, listed by classes of uses as defined in Sections 18.36.030 and 18.36.040 of Chapter 18.36 (Types of Uses). .020 Accessory Uses. Table 14-B (Accessory Uses and Structures: Public and Special - Purpose Zones) identifies allowable accessory uses and structures, listed by classes of uses as defined in Section 18.36.050 of Chapter 18.36 (Types of Uses). .030 Temporary Uses. Table 14 -C (Temporary Uses and Structures: Public and Special - Purpose Zones) identifies allowable temporary uses and structures, listed by classes of uses as defined in Section 18.36.060 of Chapter 18.36 (Types of Uses). .040 The allowable uses in Tables 14 -A, 14 -B and 14 -C for each zone are established by letter designations as follows: .0401 "P" designates classes of uses permitted by right; .0402 "C" designates classes of uses permitted with a conditional use permit; 0403 "N" designates classes of uses that are prohibited; and .0404 "T' designates classes of uses permitted with a telecommunications antenna review permit. .050 Interpreting Classes of Uses. The provisions for interpreting the classes of uses in Tables 14 -A, 14 -13, or 14 -C are set forth in Section 18.36.020 (Classification of Uses) in Chapter 18.36 (Types of Uses). .060 Unlisted Uses. Any class of use that is not listed in Tables 14 -A, 14-B or 14 -C is not permitted. .070 Sites Formerly Used for Service Stations. In addition to the provisions of Table 14-A, any use of a building or canopy that was formerly used as an automobile service station shall require a conditional use permit. .080 Temporary Modular Units. All uses that are conducted with temporary modular units shall obtain a conditional use permit pursuant to Chapter 18.66 (Conditional Use Permits). .090 Additional Uses in "PR" Zone. The following provisions apply within the "PR" Zone. 14 -2 Anaheim Zoning Code Public and Special - Purpose Zones .0901 In addition to the provisions of Tables 14-A, 14 -B or 14 -C and consistent with the intent of the "PR" Zone, the following uses, either singly or in combination, are allowed by right as primary uses: .01 Aquatic recreational complexes; .02 Convention center complexes; .03 Municipal auditoriums; .04 Parks, greenbelts, conservation areas and open space; and .05 Stadium and sports arena complexes. .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. Such buildings, structures and uses may be permitted in the "PR" zone subject to the conditions and required showings of Chapter 18.66 (Conditional Use Permits). .100 Special Provisions. Special provisions related to a use are referenced in the "Special Provisions" column of Tables 14 -A, 14-B and 14 -C. Such provisions may include references to other applicable code sections or limitations to the specified land use. .110 Overlay Zones. Any property that is located within an overlay zone may be subject to additional requirements as specified in the overlay zone. Table 14 -A P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited T Telecommunications Antena Review Permit Required 14 -3 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-0n -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 Animal Boarding C N N C Antennas Broadcasting N N N C 14 -3 Anaheim Zoning Code Public and Special - Purpose Zones Table 14 -A P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited T Telecommunications Antena Review Permit Required 14 -4 OS PR SP T Special Provisions Antennas — Private Transmitting N N N C Subject to §18.38.040 Antennas — Telecommunications - T T T T Subject to §§ 18.38.060 Stealth Building- Mounted and 18.62.020 Antennas — Telecommunications - C C C C Subject to § 18.38.060 Stealth Ground - Mounted Antennas — Telecommunications - N N N N Subject to §18.38.060 Ground - Mounted Automotive Public Parking N P C N Automotive Service Stations N N N C Subject to §18.38.070 Automotive Washing N N N C Bed and Breakfast Inns N N C C Subject to §18.38.080 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 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 §18.38.180 Plant Nurseries P C C N Subject to §18.38.190 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 T Zone, use is subject to Subsection .120 below 14 -4 Anaheim Zoning Code Table 14 -A P Permitted by Right PRIMARY USES: PUBLIC AND SPECIAL- C Conditional Use Permit Required PURPOSE ZONES N Prohibited T Telecommunications Antena Review Permit Required OS PR SP T Special Provisions Recreation —Low- Impact C P C Recreation Swimming & Tennis N P C Recycling Services—Consumer N P P Recycling Services—General N N N Restaurants — Drive - Through N N C Restaurants—General N C C Restaurants —Semi- Enclosed N C C Restaurants — Walk -Up N C C Retail Sales —Used Merchandise N N N Room & Board N N N Self Storage N N C Transit Facilities N C C Utilities —Major C C C Utilities —Minor P P P Veterinary Services N N N Table 14 -B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required PUBLIC AND SPECIAL - PURPOSE ZONES N Prohibited OS PR SP T Special Provisions Public and Special - Purpose Zones C P C Antennas — Receiving P Subject to Chapter Bingo Establishments 18.48; reverse vending N P machines located P entirely within a Day Care Large Family structure do not require N N any zoning approval C Subject to Chapter 18.48 N Subject to §18.38.220 C Subject to §18.38.220 C Subject to §18.38.220 N C C N C C P C Agricultural Workers Quarters Animal Keeping N N N P Allowed only if agricultural operation on the lot is a minimum of 10 acres; no kitchens are allowed P Only in conjunction with residence; Subject to §18.38.030 P Subject to §18.38.050 P Subject to §18.38.050 P Subject to Chapter 7.34 P Subject to §18.38.090 P Subject to §18.38.140 P P P Antennas —Dish P P P Antennas — Receiving P P P Bingo Establishments N N P Caretaker Units P P P Day Care Large Family N N N 14 -5 Anaheim Zoning Code Public and Special - Purpose Zones Table 14 -B P Permitted by Right ACCESSORY USES AND STRUCTURES: C Conditional Use Permit Required PUBLIC AND SPECIAL - PURPOSE ZONES N Prohibited Petroleum Storage Incidental OS PR SP T Special Provisions Day Care Small Family N N N P P P Fences & Walls P P P P Subject to §18.40.050; P P P this use may occur on a lot without a primary use Home Occupations P P P P Only in conjunction with a residence; Subject to §18.38.130 Landscaping & Gardens P P P P Subject to Chapter 18.46; this use may occur on a lot without a primary use Mechanical & Utility Equipment —Ground P P P P Subject to §18.38.160 Mounted Mechanical & Utility Equipment — Roof P P P P Subject to §18.38.170 Mounted Parking Lots & Garages P P P P To serve needs of primary use only Petroleum Storage Incidental N N N P Portable Food Carts N P P P Recreation Buildings & Structures P P P P Signs P P P P Solar Energy Panels P P P P Vending Machines P P P P Subjectto §18.38.210 Subject to Chapter 18.44 Must be mounted on the roof and, if visible from the street level, must be parallel to the roof plane Shall be screened from view from public rights - of -way and shall not encroach onto sidewalks Table 14 -C 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 to Chapter 3.32 and Chapter 4.53 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 14 -6 Anaheim Zoning Code Public and Special - Purpose Zones Table 14 -C 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 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 .120 Additional Provisions for Accessory Uses in "PR" Zone. The provisions of this section apply in addition to the provisions in Table 14-B above. The following accessory uses may be conducted only where incidental to and integrated within a primary use complex: 1201 Concession stands, restaurants and shops; 1202 Athletic equipment shops; 1203 Specialty and souvenir shops; .1204 Such other compatible uses as maybe permitted from time to time by the City Council. .1205 Signs; provided however, that any sign owned, operated or maintained by an entity other than the City of Anaheim shall be permitted only if a conditional use permit for such sign is first approved pursuant to the provisions of Chapter 18.66 (Conditional Use Permits). Notwithstanding the foregoing, within the area subject to Area Development Plan No. 120, signs shall be as approved by the City Council, provided the City Council finds such sign(s) to be (a) compatible with the other uses and signs in Sportstown Anaheim and (b) in conformance with The Platinum Triangle Master Land Use Plan, a copy of which is on file in the Office of the City Clerk, and Chapter 18.20. (Ord. 5948 § 1; November 9, 2004) .130 Commercial Equestrian Establishments in the "T" Zone. Commercial equestrian establishments may be permitted in the "T" zone with a conditional use permit provided, that no permanent maintenance or stabling of equine animals, riding arenas or storage of food, refuse or equipment shall be permitted within three hundred (300) feet of any residential zone boundary. 140 Outdoor Storage in the "T" Zone. Outdoor storage of recreational vehicles, boats, personal water craft, motorcycles and trailers with or without an on -site office or caretaker office /dwelling unit may be permitted with a conditional use permit in the "T" Zone, provided such use meets the following requirements: 1401 The use is located on a property that is: .01 Not located within the SC (Scenic Corridor Overlay) Zone; .02 Irregularly shaped, which may cause it to be constrained by accessibility, visibility or easements and which may make it unsuitable for conventional types of development; and .03 Not adjacent to any residential zone or is shown to be sufficiently buffered from such zone. 1402 The use is: 14 -7 Anaheim Zoning Code Public and Special - Purpose Zones .01 Within an integrated single development having a minimum overall site area of five (5) acres; .02 Screened from the public right -of -way; and 03 Fully landscaped to meet or exceed the requirements of this title; .04 Compatible with surrounding land uses. .150 Within the "T' Zone, scrap metal salvage and shredding, automobile dismantling, and used auto parts businesses pursuant to a stipulated judgment approved by the City Council and ordered by the Orange County Superior Court, with operation of the businesses authorized solely for the purpose of remediation of toxic and/or hazardous materials and/or waste on the subject property, and expressly contingent upon continued compliance with the stipulated judgment and the requirements of any and all regulatory agencies with jurisdiction on such matters are permitted as of right. Termination of the use shall be pursuant to the terms of the stipulated judgment and shall not be pursuant to the provisions of this title. 14 -8 Anaheim Zoning Code Public and Special - Purpose Zones 18.14.040 LOT AREA. .010 Site Area. The minimum site area for public and special - purpose zones is shown in Table 14 -D. Table 14 -D MINIMUM SITE AREA: PUBLIC AND SPECIAL - PURPOSE ZONES Zone Minimum Site Area OS None required PR Uses Permitted by Right: None Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. SP Uses Permitted by Right: None Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. T 43,000 square feet .020 Measurements. Unless specified otherwise, the minimum lot size measurement in Table 14 -D excludes public and private streets, alley rights -of -way, and public and private easements for ingress and egress. The minimum lot size shall consist of contiguous land area not divided into two (2) or more separate parts by such streets or easements for ingress and egress. .030 Additional Site Requirements. In addition to the provisions of Table 14 -D, the following provisions apply in all public and special - purpose zones. .0301 The size and shape of the site proposed for the use shall be adequate to allow the full development of the proposed use in a manner consistent with the stated purpose and intent of the zone. .0302 Adequate provisions shall be made for the safe and orderly circulation of both pedestrian and vehicular traffic between the proposed site and all streets and highways and between coordinated facilities, accessways or parking areas on adjacent sites. .0303 Adequate provisions shall be made for loading and unloading of persons, supplies and materials in a manner that does not obstruct required parking and accessways or impact adjacent land uses. .0304 The proposed development shall not limit or adversely affect the growth and development potential of adjoining lands or the general area in which it is proposed to be located. .040 Legal lots of record on December 5, 1978, regardless of area, shall be deemed to comply with Subsection .010 above. .050 Building Site Requirements in Chapter 18.40 (General Development Standards) also apply. 14 -9 Anaheim Zoning Code Public and Special - Purpose Zones 18.14.050 LOT WIDTH. The minimum lot width for public and special - purpose zones is shown in Table 14 -E Table 14 -E LOT WIDTH: PUBLIC AND SPECIAL - PURPOSE ZONES Zone Minimum Lot Width OS Uses Permitted by Right: Minimum width required for vehicle access if such access is required Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. PR Uses Permitted by Right: Minimum width required for vehicle access if such access is required Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. SP Uses Permitted by Right: Minimum width required for vehicle access if such access is required Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. T 140 feet; this provision shall be deemed to be complied with regardless of actual width if the parcel was as of record on the effective date of this chapter 18.14.060 LOT DEPTH AND ORIENTATION. None of the public and special - purpose zones have lot -depth or lot- orientation standards. 18.14.070 STRUCTURAL HEIGHTS. .010 Maximum Heights. The maximum structural heights for public and special - purpose zones are shown in Table 14-F. Table 14 -F MAXIMUM STRUCTURAL HEIGHT: PUBLIC AND SPECIAL PURPOSE ZONES Zone Maximum Structural Height OS One half (Y) the distance from the boundary of any residential zone, but not to exceed 30 feet. PR Standards shall conform with those imposed upon publicly owned property but, except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. SP 35 feet, provided, however, that heights in excess of 35 feet may be permitted by a conditional use permit T Single - family dwelling, accessory living quarters, or residential garage: 30 feet Other buildings: one half (Y:) the distance from the boundary of any residential zone, but not to exceed 30 feet. 14 -10 Anaheim Zoning Code Public and Special - Purpose Zones .020 Projections. Projections above the height limit are permitted as set forth in Section 18.40.030 in Chapter 18.40 (General Development Standards). 18.14.080 FLOOR AREA. No minimum floor area is required for public and special - purpose zones except that a minimum of one thousand two hundred twenty five (1,225) square feet is required for single - family residential dwellings in the "T' zone. 18.14.090 LOT COVERAGE. The maximum lot coverage for the "OS" zone is twenty -five percent (25 %). There are no lot coverage requirements for other public and special - purpose zones. 18.14.100 STRUCTURAL SETBACKS. .010 Setbacks. The minimum setbacks for public and special - purpose zones are set forth in Table 14 -G and shall apply in addition to the setback and yard requirements of Section 18.40.040 (Structural Setbacks and Yards) and the special area setbacks of Section 18.40.050 (Special Area Setbacks) in Chapter 18.40 (General Development Standards). Encroachments into setback areas are set forth in Subsection .020 below. Table 14 -G MINIMUM SETBACKS: PUBLIC AND SPECIAL - PURPOSE ZONES Zone Minimum Setbacks OS Front 25 feet from any property line, public right -of -way line, recorded private accessway easement, or recorded riding and hiking trails easement. Side 10 feet; the side setback adjacent to the street on reversed comer lots shall be not less than 50% of the required front setback on the lot to the rear of the comer lot Rear 25 feet ---- ------------------------------------------------------------------------------------ -------------------------------- PR Standards shall conform with those imposed upon publicly owned property but, except by d of the City Council, shall be compatible with the standards established for the surrounding zones. SP Uses Permitted by Right: • Abutting Any Arterial Highway: 15 feet, as measured from the planned 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 property in the block on the opposite side of the local street is 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 • 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 14 -11 Anaheim Zoning Code Table 14 -G Public and Special - Purpose Zones lu 11121 MA ILK R9 D1 V 11_ To] 1 1 4M111011[fl_\121 OWN W DEN FAN 111R MI WX91121%f o 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. Uses Permitted by Conditional Use Permit: Standards determined as part of conditional use permit process; generally shall conform with those imposed upon publicly owned property but except by direction of the City Council, shall be compatible with the standards established for the surrounding zones. Front 25 feet from any property line, public right -of -way line, recorded private accessway easement, or recorded riding and hiking trail easement. Side 10 feet; the side setback adjacent to the street on reversed comer lots shall be not less than 50% of the required front setback on the lot to the rear of the comer lot Rear 25 feet .020 Encroachments. Allowable encroachments into the setback requirements in Table 14-G are set forth below. Any encroachment that conflicts with the Uniform Building Code, as adopted by the City, shall not be permitted. .0201 Canopies (fixed) or trellises may encroach into a required setback on a public street no more than three (3) feet. .0202 Cornices, eaves, sills, belt courses, buttresses and fireplaces may encroach into any required setback not more than two (2) feet. .0203 Driveways providing access from adjacent streets or private accessways to parking spaces or loading /unloading areas may encroach into any required street landscape and structural setback. .0204 Fences, walls and hedges that comply with Section 18.46.110 of Chapter 18.46 (Landscaping and Screening) may encroach into any required setback. .0205 Flagpoles that comply with the structural height requirements of the zone may encroach into any required setback .0206 Guard railings for safety protection around hazardous areas as required by City codes may encroach into any required setback. .0207 Light fixtures may encroach into any required setback except required setbacks adjacent to residential zones and uses. .0208 Parking spaces (open) and open vehicular accessways may encroach into required structural setback areas, but shall not encroach into minimum required landscape setbacks. .0209 Signs that comply with Section 18.14.130 of this chapter may encroach into any required setback. .0210 Trees, shrubs, flowers or plants shall be permitted in any required setback. 14 -12 Anaheim Zoning Code Public and Special - Purpose Zones .0211 Walkways leading from parking areas and public sidewalks may encroach into any required landscaped setback, provided the walkway is integrated with the landscape design. 18.14.110 STRUCTURAL LOCATION AND ORIENTATION. The location and orientation requirements for buildings and other structures in the public and special - purpose zones are as follows: .010 "T" Zone. Buildings and structures in the "T" zone shall be located in a manner assuring the least encumbrance on future access and development; single- family residential structures adjacent to arterial highways, as designed on the Circulation Element of the Anaheim General Plan Arterial Streets and Highways, shall be oriented so as to rear or side on the highways. .020 Other Zones. There are no building and structure location and orientation requirements for other public and special - purpose zones. 18.14.120 PARKING AND LOADING. Parking and loading requirements for public and special - purpose zones are set forth in Chapter 18.42 (Parking and Loading). (Ord. 5944 § 10; Sept. 28, 2004) 18.14.130 SIGNS. Within the "T" Zone, all freestanding and monument signs for uses that are conditionally permitted may also be reviewed by conditional use permit to ensure that such signs shall not exceed the sign standards applicable to adjacent and nearby zones. Wall signs for non- residential uses shall be permitted as set forth in Section 18.44.110 (Wall Signs and Other Types of Signs). All other signs in the "T' Zone and other public and special - purpose zones shall be in compliance with sign requirements set forth in Chapter 18.44 (Signs). 18.14.140 LANDSCAPING Landscaping shall be permitted and /or required in public and special - purpose zones subject to the conditions and limitations set forth in Chapter 18.46 (Landscaping and Screening). 18.14.150 FENCES, WALLS AND BEDGES. Fences, walls, hedges and berms shall be permitted and/or required in public and special - purpose zones subject to the conditions and limitations set forth in Subsection 18.46.110 of Chapter 18.46 (Landscaping and Screening). 18.14.160 REFUSE STORAGE AND RECYCLING FACILITIES. Lots containing other than a single - family dwelling shall provide refuse storage that conforms to the document "Minimum Acceptable Trash Collection Areas" on file with the Public Works Department. The storage shall be designed, located and/or screened so as not to be readily identifiable or visible from adjacent streets, adjacent residential uses and zones, or other public rights -of -way. Recycling bins also shall be provided. 14 -13 Item No. 4 Chapter 18.18 SCENIC CORRIDOR OVERLAY Sections: 18.18.010 Purpose. 18.18.020 Delineation of "(SC)" Overlay Zone boundaries. 18.18.030 Applicability. 18.18.040 Tree preservation. 18.18.050 Residential zones — uses. 18.18.060 Single- family residential zones — standards. 18.18.070 Multiple - family residential zones — standards. 18.18.080 Commercial zones — uses. 18.18.090 Commercial zones — standards. 18.18.100 Industrial zones — uses. 18.18.110 Industrial zones — standards. 18.18.120 Public and Special Purpose zones — uses. 18.18.130 Public and Special Purpose zones — standards. 18.18.010 PURPOSE. ZONE The purpose of this chapter, Scenic Corridor Overlay Zone, is to provide for and promote orderly growth in certain areas of the City designated as being of distinctive, scenic importance, while implementing local governmental agency actions for the protection, preservation and enhancement of the unique and natural scenic assets of these areas as a valuable resource to the community. This area has been designated as an area of distinctive natural and rural beauty characterized and exemplified by the interrelationship between such primary natural features as the rolling terrain, winding river, Eucalyptus tree windbreaks and the profusion of natural vegetation. 18.18.020 DELINEATION OF "SC" OVERLAY ZONE BOUNDARIES. The area of the City designated as being within the Scenic Corridor ( "(SC) ") Overlay Zone is defined as that area lying easterly of the intersection of the State Route 55 /Costa Mesa and State Route 91/Riverside Freeways, westerly of the Orange County line, southerly of the Atchison, Topeka and Santa Fe Railroad right -of -way, and northerly of the present or any future south city limits of the City of Anaheim. 18.18.030 APPLICABILITY. The "(SC)" Overlay Zone is combined with any zone ( "underlying zone ") within the scenic corridor. The regulations contained in this chapter shall apply in addition to, and where inconsistent therewith shall supersede, any regulations of the zone with which the "(SC)" Overlay Zone is combined. 18.18.040 TREE PRESERVATION. Preservation of significant stands and single specified trees in the "(SC)" Overlay Zone is necessary to preserve the natural beauty of the Santa Ana Canyon environment, increase the visual identity and quality of the area, and protect the remaining natural amenities from premature removal or destruction. 18 -1 Anaheim Zoning Code Scenic Corridor Overlay Zone .010 Definitions. For purposes of this chapter, the following words, terms and phrases shall have the meanings ascribed herein: .0101 "Specimen Tree" shall mean any tree of the Eucalyptus varieties (Eucalyptus), Quercus varieties (Oak), Schinus varieties (Pepper), or Platanus varieties (Sycamore), with a trunk measuring eight (8) inches or greater in diameter, measured at a point four (4) feet above ground level, or in the case of Eucalyptus varieties, twenty (20) inches or greater in diameter, measured at a point four (4) feet above ground level. .0102 "Stand" shall mean five (5) or more specimen trees located on any parcel of land. .0103 "Destroy" shall mean to include but not be limited to cutting down, removing, trimming, topping or pruning any Specimen Tree to a height of less than twenty - five (25) feet above ground level as measured at the base of the trunk of the tree or to a height that may do damage to a particular variety of tree, whichever is higher. .020 Scope. Except as provided in subsection .030, it shall be unlawful for any person to destroy or otherwise direct or permit the destruction of one (1) or more trees from any stand of Eucalyptus Specimen Trees, or one (1) or more Oak, Pepper, or Sycamore Specimen Trees growing within the boundaries of the "SC" Overlay Zone, without a permit issued by the City of Anaheim pursuant to the provisions of this section. .030 Lawful Destruction of Specimen Trees. The following specimen trees may be destroyed lawfully provided that, prior to such destruction, a certificate obtained from an arborist certified by the International Society of Arboriculture and authorized to do business within the City, attests that the tree(s) fit into at least one of the following categories: .0301 Trees that have died; .0302 Diseased trees whose condition is a source of present danger to healthy trees in the immediate vicinity; .0303 Trees so weakened by age, disease, storm, fire, excavation, removal of adjacent trees, or any injury so as to cause imminent danger to persons or property; .0304 Trees whose general health and condition area source of present danger of falling onto existing or proposed structures or utility lines; .0305 Trees that have caused structural damage to a single - family residence or a required driveway for that residence, provided an arborist has attested that removal of the tree roots would threaten the health of the tree or that the tree would be a source of continued damage to the structure; or .0306 Trees that were planted or caused to be planted by the homeowner or previous homeowner as part of an original landscape plan and are not located in the area between the main dwelling unit and a public or private right -of -way or in a commonly viewed and maintained slope. The maximum number of trees that may be removed is limited to two (2) trees and shall not include windrows or required trees. An arborist certificate is not required for this provision, but other materials such as photographs shall be provided to demonstrate eligibility. .040 Application to Destroy Specimen Trees. Applications for authority to destroy Specimen Trees shall be filed with the Planning Department on forms provided for such 18 -2 Anaheim Zoning Code Scenic Corridor Overlay Zone purpose together with a filing fee as established by resolution of the City Council. The application shall show clearly by diagram, plot plan and photograph the location and identity of the trees sought to be destroyed, the location and identity of the replacement trees, the name and address of the owner and such other information as indicated on the form provided. Applications that do not meet the requirements of subsection .030 above shall be referred directly to the Planning Commission for determination. The determination of the Planning Commission may be appealed to the City Council pursuant to Chapter 18.60 (Procedures). Permits are valid for a period of one (1) year from the date of issuance. A new application shall be filed for requests that have not been exercised within the established time frames. .050 Findings and Issuance of Permit by Planning Commission or City Council. As a prerequisite to granting any permit to destroy any specimen tree, the Planning Commission or City Council may impose conditions and shall make one (1) or more of the following findings: .0501 That principles of good forest management will best be served by the proposed destruction; .0502 That a reasonable and practical development of the property on which the tree is located requires destruction of the tree or trees; .0503 That the character of the immediate neighborhood in respect to treescape will not be materially affected by the proposed destruction; .0504 That the topography of the building site renders destruction reasonably necessary; or 0505 That regard for the safety of persons or property requires the destruction. .060 Replacement of Trees. Any specimen trees destroyed pursuant to a permit issued by the City shall be replaced on the same parcel or in the public right -of -way located in the immediate vicinity as directed by the City. The replacement trees shall comply with the following provisions: .0601 The replacement trees shall be a minimum twenty -four (24) inch box size at time of planting, or larger if appropriate to the tree. .0602 The number of trees shall be as identified in Table 18 -A (Number of Replacement Trees) unless the Community Services Department determines that the number of replacement trees is not feasible or cannot be properly nurtured through maturity. Table 18 -A NUMBER OF REPLACEMENT TREES Diameter of Tree Destroyed Number of Replacement Trees Required (4 ft. above ground level) For Each Tree Destroyed Under 12 inches 12 to 20 inches Over 20 inches 18 -3 Anaheim Zoning Code Scenic Corridor Overlay Zone .0603 The replacement trees shall be one of the specimen trees identified in Table 18 -B (Allowable Replacement Trees). The City may at its discretion, require that only specimen trees be used as replacement trees based on the size of the tree removed and the trees in the general area of the removal. Table 18 -B ALLOWABLE REPLACEMENT TREES Botanical Name Common Name Acer paxii Evergreen Maple Albizia julibrissin Silk Tree Bauhinia variegate Purple Orchid Tree Brachychiton aerifolius Flame Tree Calodendrum capense Cape Chestnut Cassia leptophylla Gold Medallion Tree Cercis Canadensis Eastern Redbud Cinnamomum camphora Camphor Tree Eucalyptus species Gum Tree Fraxinus angustifolia Raywood Ash Geijeraparviflora Australian Willow Ginko biloba `Autumn Gold' Maidenhair Tree Gleditsia triacanthos Honey Locust Jacaranda mimosifolia Jacaranda Koelreuteria bipinnata Chinese Flame Tree Liquidambar styraciflua American Sweet Gum Lophostemon conferms Brisbane Box Pious canariensis Canary Island Pine Platanus racemosa California Sycamore Platanus acerifolia London Plane Tree Podocarpus gracilior Fern Pine Pyrus kawakamii Evergreen Pear Quercus agrifolia California Live Oak Quercus virginiana Southern Live Oak Schinus molle California Pepper Tipuana tipu Tipu Tree Zelkova serrata Sawleaf Zelkova .070 Appeal. The decision of the Planning Commission shall be final unless appealed to the City Council by either the applicant or an opponent pursuant to Chapter 18.60 (Procedures). No permit to destroy a specimen tree that is approved by action of the Planning Commission as provided in this section shall be issued prior to the expiration of the appeal period. .080 Replacement Trees. Any required replacement tree planted on -site, which is subsequently removed, damaged, diseased and/or dies, shall be replaced in a timely manner. 18 -4 Anaheim Zoning Code Scenic Corridor Overlay Zone .090 Injuring Specimen Trees. It is unlawful for any person to injure or damage, or otherwise authorize or direct the injuring or damaging of any specimen tree by any means, including, but not limited to the following: .0901 Constructing a concrete, asphalt, brick or gravel sidewalk, patio, driveway or roadway or otherwise filling up the ground area around any tree so as to shut off air, light or water from its roots; .0902 Piling building equipment, material or other substances around any tree so as to damage the tree; .0903 Pouring any deleterious matter on or around any tree or on the surrounding ground, lawn or sidewalk; .0904 Posting any sign, poster, notice or other matter on any tree, tree stake or guard, or by fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard; .0905 Causing or permitting any wire charged with electricity to come in contact with any tree; .0906 Causing or permitting any fire or burning near or around any tree; .0907 Topping of any tree or pruning to the point of injuring a tree; and .0908 Causing damage to any tree resulting in weakening or disease such that the tree has to be removed. .100 Punishment of violations. It shall be a misdemeanor for any person to violate the provisions of this section. A violation shall be subject to the enforcement and penalties as set forth in Section 1.01.370 (Violation of Code —Penalty) in Chapter 1.01 (Code Adoption and Construction). 18.18.050 RESIDENTIAL ZONES — USES. Those uses that are permitted or conditionally permitted in the underlying single - family or multiple - family residential zones shall be permitted by -right or conditionally, except the following uses are prohibited. .010 Bed and Breakfast Inns. .020 Borrow pits. .030 Excavation, processing, storage, wholesaling and distribution of sand, gravel and other nonfuel minerals. .040 Transportation terminals. 18.18.060 SINGLE - FAMILY RESIDENTIAL ZONES — STANDARDS. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying single- family residential zone in which the property is located: .010 Maximum Structural Height. The maximum height of any dwelling or other structure shall not exceed twenty five (25) feet except as set forth in subsection .020 below. 18 -5 Anaheim Zoning Code Scenic Corridor Overlay Zone .020 Height Exceptions. .0201 Chimneys erected and maintained as an integrated feature of a dwelling may exceed the applicable height limitations of this section; .0202 Nonhabitable architectural embellishments (except chimneys) otherwise permitted in the underlying zone (including, but not necessarily limited to, cupolas, spires, turrets, towers and horizontal roof ridgelines provided any such ridgeline does not exceed ten (10) feet in length nor ten percent (10 %) of the combined total length of all horizontal roof ridgelines on the structure, whichever is less) may exceed the applicable height limitations of this section provided: .01 The maximum height of any such embellishment shall not exceed thirty (30) feet; and .02 The combined total horizontal area of all such embellishments exceeding the thirty (30) foot height limitation shall not exceed ten percent (10 %) of the total roof area; .0203 Pursuant to the conditions of approval of Tract No. 8418 and 8647, a one (1) story height overlay zone is hereby established and imposed upon those certain lots abutting the area known as "Peralta Hills" and located on the north side of Valley Gate Drive, the east side of Sleepy Meadow Lane north of Forest Glen Road, and the north side of Forest Glen Road and Old Bucket Lane between Sleepy Meadow Lane and Nohl Ranch Road, and further described as Lot Nos. 65 through 79, inclusive, of Tract No. 8418 and Lot Nos. 24 through 46, inclusive, of Tract No. 8647. Notwithstanding any other provision of this Code, the maximum structural height on said lots shall not exceed one (1) story or twenty -five (25) feet, whichever is less, except as otherwise permitted in this subsection .020. The term "one - story" as used in this subsection shall mean a single habitable floor and shall not permit any loft, mezzanine, balcony or similar habitable floor or area above such single habitable floor; .0204 The maximum height of any building in the area known as "Hidden Canyon," defined as the area south of Avenida de Santiago in the City of Anaheim, shall be thirty -five (35) feet except as otherwise permitted in Section 18.40.030 (Structural Height Limitations) in Chapter 18.40 (General Development Standards); .0205 Lots within Tracts 10996, 10997, 10998, and 13760 are subject to a Resolution No. 80- 1407of the Board of Supervisors of Orange County, dated September 2, 1980. This resolution indicates "Texaco- Anaheim Hills, Inc. has given verbal assurance that the viewshed from the floor of Weir Canyon will be protected from proposed residential development along the westerly rim of the canyon through private open space mitigations such as estate densities, restricted grading, landscaping edge treatments, and /or covenants, conditions and restrictions." Any new construction within these tracts must receive County approval indicating compliance with this agreement. .030 Roof - mounted equipment including exterior mounted radio and television antennas and satellite dishes exceeding three (3) feet in diameter or diagonal length shall not be permitted except solar collector panels and related equipment shall be permitted to the extent required by state or federal law. All satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. 1WO Anaheim Zoning Code Scenic Corridor Overlay Zone .040 Ground- mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements: .0401 Maximum antenna height shall be six (6) feet as measured to its highest point above ground level; .0402 All antennas shall be painted to blend with their surrounding environment; .0403 No antenna shall be located in a required structural setback area abutting any public or private street; .0404 All antennas shall be self - supporting and shall have no external guys or braces; and .0405 All antennas and dishes exceeding three (3) feet in diameter or diagonal length shall be screened from view from all public rights -of -way, private streets and adjacent or affected properties (as may be seen from a point six (6) feet above ground level on such adjacent or affected properties) by year -round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. 18.18.070 MULTIPLE - FAMILY RESIDENTIAL ZONES — STANDARDS. The provisions of this section shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying multiple - family residential zone in which the property is located: 010 Minimum site area. The minimum project area shall be five (5) acres. .020 Structural Setback. On all lots adjacent to freeways, expressways, arterial highways and railroad rights -of -way, buildings and mobilehomes shall be located no closer than fifty (50) feet to the right -of -way line. Said setback may be used for landscaping, recreation and open space or for open parking and vehicular accessways; provided that a minimum ten (10) foot wide screen planting, which may include trees and shrubs, a minimum thirty -six (36) inch high landscaped earthen berm, or any combination, shall be maintained adjacent to the right -of -way line. .030 Roof - mounted equipment including exterior mounted radio and television antennas and satellite dishes exceeding three (3) feet in diameter or diagonal length shall not be permitted except solar collector panels and related equipment shall be permitted to the extent required by state or federal law. All satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. .040 Ground- mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements: .0401 Maximum antenna height shall be six (6) feet as measured to its highest point above ground level; .0402 All antennas shall be painted to blend with their surrounding environment; .0403 No antenna shall be located in a required structural setback area abutting any public or private street; braces; and 0404 All antennas shall be self - supporting and shall have no external guys or 18 -7 Anaheim Zoning Code Scenic Corridor Overlay Zone .0405 All antennas and dishes exceeding three (3) feet in diameter or diagonal length shall be screened from view from all public rights -of -way, private streets and adjacent or affected properties (as may be seen from a point six (6) feet above ground level on such adjacent or affected properties) by year -round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. 18.18.080 COMMERCIAL ZONES — USES. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying commercial zone in which the property is located: .010 Prohibited Uses. The following uses shall be prohibited: .0101 Bed and Breakfast Inns; .0102 Billboards except temporary tract signs; .0103 Office or other commercial uses of a residential structure; and .0104 Service stations except where integrated within a shopping center. 18.18.090 COMMERCIAL ZONES — STANDARDS. Notwithstanding the site development standards of the underlying commercial zone in which the property is located, the following provisions shall apply: .010 Yards and Setbacks: .0101 All buildings adjacent to freeways, expressways or scenic highways shall have a minimum building setback of ninety (90) feet and a minimum landscaped setback of twenty -five (25) feet. .0102 All buildings adjacent to major, primary, secondary, hillside primary or hillside secondary highways shall have a minimum building setback of fifty (50) feet and a minimum landscaped setback of twenty -five (25) feet. .0103 All buildings adjacent to collector and local streets shall maintain a landscaped setback having a minimum depth of twenty (20) feet. .0104 The required landscaped setbacks shall include a three (3) foot high landscaped berm adjacent to the right -of -way. 0105 Encroachment into the required landscaped setbacks along a public right- of -way shall be limited to the following: .01 Walkways, provided the width of the walkway does not exceed six (6) feet and the walkway is integrated into the landscape design; .02 .03 underlying zone; .04 the underlying zone; Driveways that are perpendicular to the adjacent street; Signs that comply with the provisions of this chapter and the Landscaping that complies with the provisions of this chapter and �€..� Anaheim Zoning Code Scenic Corridor Overlay Zone .05 Fences and walls that comply with the provisions of this chapter and the underlying zone; and .06 Three (3) flagpoles for the display of national, state, city and/or company trademark or logo, not to exceed the maximum structural height. .0106 Parking is allowed in the portion of the building setback that is not part of the required landscaped setback, provided the parking area is screened by landscaping, landscaped earthen berm and/or a decorative low wall or combination thereof. .0107 Where the rear of a commercial building abuts a local street where two - thirds (2/3) of the property in the block on the opposite side of the street are zoned for residential use, a six (6) foot high decorative landscaped masonry wall shall be provided to the rear of the landscaped setback for the full width of the subject property. .0108 Where an interior site boundary line abuts a residential zone, a minimum ten (10) foot landscaped setback shall be provided adjacent to the property line. This setback shall include minimum twenty -four (24) inch box non - deciduous broadheaded trees planted at a maximum spacing of twenty (20) feet. .020 Building and Structural Height Limitations: .0201 The maximum building height shall be thirty -five (35) feet above the average finished grade levels of the building site on which it is located measured at the exterior building walls; provided, however, that heights in excess of thirty -five (35) feet may be permitted by conditional use permit. .0202 Roof - mounted equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code as adopted by the City of Anaheim) shall be permitted subject to a conditional use permit, provided that the equipment is required to be placed on the roof by the nature of a particular use of a building or by Title 15 (Buildings and Housing)of the Anaheim Municipal Code or the Uniform Mechanical Code as adopted by the City of Anaheim. Such roof - mounted equipment shall be subject to the following provisions and shall be clearly shown on plans submitted for review to the City of Anaheim. Submitted plans shall include line -of -sight drawings from surrounding properties, demonstrating the effectiveness of the proposed method of screening. .01 Screening of equipment shall be provided by acceptable, permanent building materials, the same as or similar to those that are used in the construction of the underlying building, or equipment shall be screened from view by acceptable architectural features of the building itself. The screening shall not exceed the height limit as established by this section and shall not consist of wood latticework. .02 Equipment shall not be visible from any public street, public or private property at finished grade level, or any floor level of a residential structure. .03 In order to minimize the visibility of screening methods and materials, all equipment shall be painted to match the roof on which it is located, as well as painted to match any materials used for equipment screening. .04 The method and /or screening material used shall not be readily recognizable as a screening device but shall be integrated into the design of the building as a part thereof. 1> Anaheim Zoning Code Scenic Corridor Overlay Zone in good condition. 05 All equipment screening and paint shall be retained and maintained .030 Roof - mounted radio and television antennas and satellite dishes exceeding six (6) feet in diameter or diagonal length shall not be permitted except solar collector panels and related equipment shall be permitted to the extent required by state or federal law. All satellite dishes and antennas six (6) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. .040 Ground- mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements: .0401 Maximum antenna height shall be six (6) feet as measured to its highest point above ground level; .0402 All antennas shall be painted to blend with their surrounding environment; .0403 No antenna shall be located in a required structural setback area abutting any public or private street or residential zone boundary; .0404 All antennas shall be self - supporting and shall have no external guys or braces; and .0405 All antennas and dishes exceeding six (6) feet in diameter or diagonal length shall be screened from view from all public rights -of -way, private streets and adjacent or affected properties (as may be seen from a point six (6) feet above ground level on such adjacent or affected properties) by year -round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. .050 Signs. The sign regulations for the underlying zone in which such land is located, as provided in Chapter 18.44 (Signs), shall apply to any zone combined with the "SC" Overlay Zone, except as follows: .0501 In addition to the provisions of subsection 18.44.100.010 (Wall Signs) only one (1) wall sign shall be permitted per business unit, except as follows: .01 A maximum of two (2) wall signs shall be permitted for a tenant unit where said signs are located on parallel walls of the unit on opposite sides of the building and (a) one of the walls faces an arterial highway or local street other than a residential street (where fifty percent (50 %) or more of the opposite side is developed with residences) and (b) the opposite wall faces a customer area such as a parking lot or entry to the store, provided both signs are not visible when viewed from any single location and neither sign is intended to be visible to a freeway; or .02 A maximum of two (2) wall signs shall be permitted for a single unit if the unit is the corner unit closest to and fronting on at least (2) local streets or arterial highways, excluding freeways, and has a main entrance on at least one (1) of the streets or highways. Only one (1) sign may be permitted per wall. .0502 Monument or freestanding signs are only permitted on commercially zoned property in the Scenic Corridor as follows, provided that for the purposes of this section, commercial parcels that are integrated by access, circulation and /or parking shall be considered a single property: 18 -10 Anaheim Zoning Code Scenic Corridor Overlay Zone .01 Maximum Number. A maximum of one (1) freestanding or monument sign is permitted on any frontage abutting a scenic expressway, major arterial, hillside primary arterial, and hillside secondary arterial provided there is a minimum of three hundred (300) feet of frontage for each sign and that the minimum distance between such signs shall be three hundred (300) feet. .02 Permitted Text. Each freestanding or monument sign face shall be limited to the name of the commercial center and one (1) major tenant if the commercial center is developed with fifteen (15) or fewer units, the name of the commercial center and three (3) major tenants if the center has more than fifteen (15) units. .03 Maximum Size. The maximum size of any freestanding or monument sign shall comply with Section 18.44.090.020 (Maximum Size of Monument and Freestanding Signs), provided, however, that multiple frontages and separate adjoining properties shall not be combined to increase the permitted sign area and the maximum height of any freestanding or monument sign shall not exceed seven (7) feet in height. .04 Design. The design of the sign shall be in compliance with Section 18.44.080 (Freestanding and Monument Signs — General) and Section 18.44.150 (Sign Construction and Design) of Chapter 18.44 (Signs). .0503 Freeway Oriented Signs. Freeway oriented signs shall be permitted only for regional shopping centers by conditional use permit for on -site and off -site signs as provided in subsection 18.44.050.010.0106 and Section 18.44. 100 (Freeway- oriented On -site Signs). .0504 Service Station Signs. In addition to the sign permitted under subsection .0602 above, one freestanding service station sign shall be permitted along the street frontage not to exceed eight (8) feet high, eight (8) feet wide, and thirty (30) square feet in advertising area, provided, however, if the service station includes a convenience market, carwash and/or fast food, the advertising area may be increased to no more than forty (40) square feet. The advertising on the sign shall be limited to the price of gasoline and the name of the service station. The location of the freestanding sign shall be determined through the conditional use permit process. Freestanding signage along additional frontages may be permitted subject to a conditional use permit if evidence is provided demonstrating that State of California advertising requirements for service stations cannot be met with one (1) sign. 0505 Electronic Readerboard Signs. Electronic readerboard signs are prohibited. .060 Sign Lighting Adjacent to Residential Uses. No sign located on a parcel adjacent to a residentially zoned parcel shall be lighted between the hours of midnight and 6:30 a.m. unless such signs (a) identify a business that is allowed to remain open during those hours or (b) identify a commercial center that contains one (1) or more businesses which remain open during those hours. Any signage that identifies a business that is closed between the hours of midnight and 6:30 a.m. shall not be lighted during those hours. 18.18.100 INDUSTRIAL ZONES —USES. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying industrial zone in which the property is located: .010 Prohibited Uses. The following uses shall be prohibited: 18 -11 Anaheim Zoning Code Scenic Corridor Overlay Zone .0101 Amusement parks; .0102 Auto or truck storage (new or used); .0103 Billboards; .0104 Borrow pits; .0105 Building material storage yard; .0106 Circuses, carnivals or rodeos; .0107 Concrete batching or mixing of Portland or asphaltic concrete; .0108 Contractor storage yard; .0109 Draying, freighting or trucking yard or terminal; .0110 Dumps; .0111 Large equipment storage or rental; .0112 Mobilehome parks or travel trailer parks; .0113 Open -air theaters; .0114 Rags, paper, metal or junk storage or sales; .0115 Rock, sand or gravel, wholesale storage or distribution; and .0116 All outdoor aspects of permitted industrial uses unless screened from the freeway or scenic highway by the use of wall, landscaping or both. 18.18.110 INDUSTRIAL ZONES — STANDARDS. The standards of the underlying industrial zones shall apply. 18.18.120 PUBLIC AND SPECIAL PURPOSE ZONES — USES. Those uses that are permitted or conditionally permitted in the underlying public and special purpose zones shall be permitted by -right or conditionally, except the following uses shall be prohibited within the "T" Transition Zone: .010 Amusement parks. .020 Animal hospitals and kennels. .030 Bed and Breakfast Inns. .040 Billboards. .050 Borrow pits. .060 Car Washes. .070 Circuses, carnivals, rodeos, or fairgrounds. .080 Dumps. .090 Excavation, processing, storage, wholesaling and distribution of sand, gravel and other nonfuel minerals. 100 Hotels, motels and motor inns. 18 -12 Anaheim Zoning Code 110 Open -air theaters. 120 Pawnshops. 130 Racetracks. 140 Refuse, disposal or transfer. 150 Restaurants —drive- through. 160 Restaurants — walk -up 170 Sewage treatment plants. 180 Transportation terminals. Scenic Corridor Overlay Zone 18.18.130 PUBLIC AND SPECIAL PURPOSE ZONES — STANDARDS. The provisions of this section as follows shall apply in addition to, and where inconsistent shall supercede, any site development standards of the underlying public and special purpose zone in which the property is located. .010 Roof - mounted radio and television antennas and satellite dishes exceeding three (3) feet in diameter or diagonal length shall not be permitted except solar collector panels and related equipment shall be permitted to the extent required by state or federal law. All satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. .020 Roof - mounted equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 of the Anaheim Municipal Code and in the Uniform Mechanical Code as adopted by the City of Anaheim) shall be permitted subject to a conditional use permit, provided that the equipment is required to be placed on the roof by the nature of a particular use of a building or by Title 15 (Buildings and Housing) of the Anaheim Municipal Code or the Uniform Mechanical Code as adopted by the City of Anaheim. Such roof - mounted equipment shall be subject to the following provisions and shall be clearly shown on plans submitted for review to the City of Anaheim. Submitted plans shall include line -of -sight drawings from surrounding properties, demonstrating the effectiveness of the proposed method of screening. .030 Ground- mounted radio, television and satellite dish receiving antennas shall be permitted as an accessory use, subject to all of the following requirements: .0301 Maximum antenna height shall be six (6) feet as measured to its highest point above ground level; .0302 All antennas shall be painted to blend with their surrounding environment; .0303 No antenna shall be located in a required structural setback area abutting any public or private street; braces; and 0304 All antennas shall be self - supporting and shall have no external guys or .0305 All antennas and dishes exceeding three (3) feet in diameter or diagonal length shall be screened from view from all public rights -of -way, private streets and adjacent or affected properties (as may be seen from a point six (6) feet above ground level on such 18 -13 Anaheim Zoning Code Scenic Corridor Overlay Zone adjacent or affected properties) by year -round landscaping, fencing (of a height not to exceed that permitted in the zone) and/or other architectural building features. 18 -14 Item No. 4 Chapter 18.38 SUPPLEMENTAL USE REGULATIONS Sections: 18.38.010 Purpose. 18.38.020 Accessory living quarters. 18.38.030 Animal keeping. 18.38.040 Antennas — private transmitting. 18.38.050 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. 18.38.100 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. 18.38.010 PURPOSE. The purpose of this chapter is to provide specific supplemental provisions for certain uses whose nature and potential impacts require additional and more specialized criteria. Unless otherwise specifically indicated, these use- specific provisions apply to the specified use in all zones where the use is allowed. 18.38.020 ACCESSORY LIVING QUARTERS. Accessory Living Quarters as defined in Chapter 18.36 (Types of Uses) are subject to the following provisions. .010 Number of Units Per Parcel. Only one (1) accessory living quarter shall be allowed on any one (1) lot. .020 Prohibition. An accessory living quarter and a second unit as defined in Section 18.38.230 of this chapter shall not exist on the same lot. 38 -1 Anaheim Zoning Code Supplemental Use Regulations .030 Design. An accessory living quarter shall comply with the following design provisions: .0301 Exterior stairs shall not be visible from any public right -of -way, excluding alleys; .0302 The design, color, material, and texture of the roof shall be substantially the same as the main dwelling unit; .0303 The color, material and texture of all building walls shall be similar to and compatible with the main dwelling unit; and .0304 The architectural style of the accessory living quarter shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the living quarter shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single- family dwelling. .040 Occupancy. The accessory living quarter shall be exclusively used for guests or employees of the occupants of the main dwelling, shall not be rented in return for any payment or service, and shall not otherwise be used as a separate dwelling. .050 Kitchens. An accessory living quarter shall not contain kitchen facilities separate from those of the main dwelling unit. .060 Utility Services. The accessory living quarters shall not be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services. .070 Floor Area. The total floor area of the accessory living quarter shall not exceed thirty percent (30 %) of the main dwelling unit. .080 Bedrooms. The accessory living quarter shall contain no more than two (2) bedrooms. .090 Development Standards. Accessory living quarters shall conform to the development standards for the main dwelling including, but not limited to, lot coverage and front, rear and side setbacks. .100 Height. In addition to meeting the height requirements of the zone in which it is located, the height of the accessory living quarter shall not exceed the height of the main dwelling unit. .110 Parking. The number of parking spaces for the single - family home shall be based on the number of bedrooms in both the main dwelling unit and the accessory living quarters, in compliance with Chapter 18.42 (Parking & Loading). 18.38.030 ANIMAL KEEPING. .010 Animal Maintenance —General. The keeping of animals for domestic, noncommercial use shall be permitted in residential zones subject to the provisions of Chapter 8.08 (Animal Control, Welfare and License Requirements) and this section. .020 Animal Confinement. .0201 Methods. Animals shall be tethered or maintained in coops, corrals, stables, or by other means of confinement satisfactory to the Planning Department. 38 -2 Anaheim Zoning Code Supplemental Use Regulations .0202 Distance. No equine, bovine, sheep, swine, goat or bird shall be kept, stabled, tethered, corralled or confined in any manner within fifty (50) feet of any structure used for human habitation, other than that of the owner, or within twenty (20) feet of any property line except when kept in the dwelling. .030 Number of Equine Animals. No equine animal shall be kept, stabled, tethered or otherwise maintained on any parcel of property of less than one (1) acre (43,560 square feet) in area, unless otherwise specified in the underlying zone. Further, not more than one (1) adult animal and its immature offspring of less than eight (8) months in age shall be permitted per each quarter -acre (10,890 square feet). If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal. .040 Number of Bovine, Sheep, Goats and Swine. No bovine, sheep, goat or swine (except for pot - bellied pigs, which are regulated in Subsection .080 below) shall be kept, stabled, tethered or otherwise maintained on any parcel of less than one acre (43,560 square feet) in area, unless otherwise specified in the underlying zone. Further, not more than one (1) such animal shall be permitted per each half -acre (21,780 square feet). If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal. .050 Number of Poultry, Birds, Rabbits and Rodents. The number of poultry, birds, rabbits, and rodents shall not exceed one (1) animal per each eighteen hundred (1,800) square feet of the area of the lot upon which the animal is to be maintained; provided, however, that roosters and peacocks shall not be permitted in any residential zone, unless otherwise specified in the underlying zone. If this calculation results in 0.5 or more of an animal, the number shall be rounded up to the next whole animal. .060 Number of Dogs. The number of dogs per dwelling unit shall not exceed three (3) animals over the age of four (4) months. A noncommercial kennel may be permitted subject to the approval of Animal Care Services of the Orange County Health Care Agency. .070 Number of Cats. Domestic housecats per dwelling unit shall not exceed three (3) animals over the age of four (4) months. A noncommercial kennel may be permitted subject to the approval of Animal Care Services of the Orange County Health Care Agency. .080 Pot - Bellied Pigs. Pot - bellied pigs (meaning a pig classified as Sus Scrofa and commonly referred to as a Vietnamese pot - bellied pig, pygmy pig or mini -pig) shall be permitted subject to the following conditions: .0801 Only one (1) pot - bellied pig may be kept on a residential lot; .0802 Subsections .010 through .020 above shall apply; .0803 The breeding of pot - bellied pigs is prohibited; .0804 The pot - bellied pig shall be tested and vaccinated for leptospirosis and erisipelis, pseudo- rabies and any other communicable diseases for which a vaccine is available and generally recommended for such animals. Any person owning or having custody of a pot - bellied pig shall maintain an annual certificate from a licensed veterinarian that the vaccination(s) are current; .0805 The pot - bellied pig shall weigh no more than two hundred (200) pounds, stand no higher than twenty (20) inches measured from the shoulders and shall be no longer than forty (40) inches measured from the tip of the head to the end of the buttock Any person 38 -3 Anaheim Zoning Code Supplemental Use Regulations owning or having custody of a pot - bellied pig shall maintain an annual health certificate signed by a licensed veterinarian identifying the weight, height and length of the pig; .0806 A male pot - bellied pig older than two (2) years shall have its tusks removed, cut or filed to a length of less than two (2) inches by a licensed veterinarian; .0807 The pot - bellied pig shall be spayed or neutered by two (2) months of age. Any person owning or having custody of a pot - bellied pig shall maintain a certificate of sterilization signed by a licensed veterinarian; .0808 Upon request by the City, written certification of compliance with subparagraphs .0804 through .0807 from a licensed veterinarian shall be provided by the person owning or having custody of the pot - bellied pig; .0809 The pot - bellied pig shall be restrained on a leash at all times when removed from the premises; .0810 An outdoor exercise area paved in concrete secured with a perimeter fence shall be provided for the pig at the rear or side of the property in conformance with any applicable zoning provisions. The fence shall be designed and maintained to prevent escape from the enclosed area. If the pig is maintained outdoors exclusively, the exercise area shall be a minimum of two hundred (200) square feet in area. If the pig is primarily kept indoors, the outdoor exercise area shall be a minimum of seventy -five (75) square feet in area. In addition, a wading pool or a reasonable substitute for such pool shall be provided during warm weather; .0811 The premises shall be maintained in an odor free, clean and sanitary manner. Droppings and other wastes shall be removed on a daily basis; .0812 A pot - bellied pig shall be kept in compliance with all requirements of Animal Care Services of the Orange County Health Care Agency. .090 Animal Husbandry Projects. Within the RH -1 Zone and the RH -2 Zone, greater numbers of animals than otherwise allowed by this section may be maintained on any lot for a period not to exceed eight (8) months, when in conjunction with an approved animal husbandry project sponsored by any bona fide educational organization including but not limited to: 4 -H (Head, Hands, Heart and Health) or F.F.A. (Future Farmers of America) clubs, subject to approval by the Planning Department, in compliance with the following provisions: .0901 Verification of participation in an animal husbandry project by the sponsoring organization including the inclusive dates for the project, reasons for the project, type and number of animals requested, and such other information as deemed relevant for City approval; .0902 A letter of intent listing all existing and proposed types and numbers of animals to be maintained on the premises and the anticipated date of removal of any animals exceeding the maximum limitations specified in this section from the premises; and .0903 Compliance with all other animal maintenance regulations specified in this section. .100 Prohibited Animals. The keeping of animals not specifically mentioned in this chapter is prohibited except as provided by Chapter 8.20 (Wild Animals). 38 -4 Anaheim Zoning Code Supplemental Use Regulations .110 Resolution of Conflicts. In the event of a conflict between this section and Chapter 8.08 (Animal Control, Welfare and License Requirements) or Chapter 8.20 (Wild Animals), the provisions of this section shall control. 18.38.040 ANTENNAS — PRIVATE TRANSMITTING. Uses classified as Antennas Private Transmitting are subject to the following provisions: .010 Heights. Combined tower and antenna shall not exceed a height that is ten (10) feet higher than the maximum height permitted in the underlying zone. Additional height may be permitted, provided the height is achieved by use of a telescoping device that is only extended when the antenna is in use. .020 Location. The antenna shall be located to the rear of the main dwelling unit and outside required building setback areas. .030 Setbacks. The antenna and its tower shall be located a minimum distance equal to the height of the device from any neighboring residential structure. .040 Mounting. The antenna and its tower shall be self - supporting, ground- mounted and have no external guys or braces that are visible to adjacent properties or public rights -of- way except during periods of inclement weather, or to avoid a safety hazard. .050 Quantity. Not more than one (1) tower- or ground- mounted antenna shall be permitted on a single parcel of land and not more than three (3) antennas may be mounted on a single tower. 18.38.050 ANTENNAS — RECEIVING. .010 Dish -type Antennas. Dish -type antennas shall comply with the following provisions. .0101 Dish -type antennas, including the support structure, exceeding six (6) feet in height for non - residential properties and three (3) feet for residential properties measured at their highest point above ground level, shall be screened from view from all public rights -of- way, public property and adjacent non - industrially zoned properties as may be seen from a point six (6) feet above ground level on the adjacent non - industrially zoned property. The screening shall be provided by landscaping, fencing, and /or architectural building features. .0102 The antennas shall not be located in a required structural setback area abutting any public or private street. .0103 The diameter of the antennas shall not exceed three (3) feet in residential zones unless a larger antenna is approved by a conditional use permit. In non - residential zones, the diameter shall not exceed six (6) feet unless a larger antenna is approved by a conditional use permit. .0104 For residential zones, all satellite dishes and antennas three (3) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. .0105 For non - residential zones, all satellite dishes and antennas six (6) feet and under in diameter or diagonal length shall be located such that visibility is minimized from public and private streets while maintaining reception. 38 -5 Anaheim Zoning Code Supplemental Use Regulations .020 Other Antennas. Except as otherwise provided in subsections .0104 and .0105 above, antennas, other than dish -type antennas, used for receiving radio or television broadcast signals may be mounted on the roof of a building and need not be screened with the exception of the Scenic Corridor Overlay Zone. The top of the antenna shall not exceed the maximum permitted height in the zone or six (6) feet above the highest point of the roof, whichever is higher, unless otherwise specified in the underlying zone. 18.38.060 ANTENNAS — TELECOMMUNICATIONS. .010 Purpose. The purpose of this section is to provide placement, design and screening criteria for wireless communication facilities in order to protect the public health, safety, general welfare, and quality of life in the City of Anaheim, consistent with the policy direction in the Anaheim General Plan, while preserving the rights of wireless communication providers. .020 Applicability. .0201 Types of Actions. This section applies to the following: .01 New wireless communication facilities approved after the effective date of this chapter; .02 Additions or modifications approved after the effective date of this chapter to communication facilities in existence prior to the effective date of this chapter; and .03 Re- approvals after the effective date of this chapter of wireless communication facilities due to expiration, suspension, revocation or other lapse of prior approval. .0202 Exemptions. The following facilities are exempt from the provisions of this section: .01 Communications systems of any federal, state, or local government agency charged with maintaining the national defense, public health, safety, and welfare or disaster control; .02 Residential skeletal type antenna systems designed to receive UBF, VBF, AM, and FM broadcast transmissions from radio and television stations subject only to height limits of the zone in which erected; .03 Unobtrusive ground plane designed ham or citizens band radio antennas subject to proper Federal Communication Commission (FCC) licensed operation for such radio service stations and installation pursuant to FCC standards; .04 Telecommunications systems placed underground in vaults shall not be subject to locational criteria; .05 Telephone and television cable facilities, other than antenna, and call boxes and booths located within public rights -of -way in prescribed easements for such purpose; .06 Antenna systems regulated by the FCC with respect to heights, provided such antennae do not pose a safety threat; and .07 Satellite dish antennas of two (2) meters or less in diameter in commercial/industrial areas, and satellite dish antennas and Multipoint Distribution Service Anaheim Zoning Code Supplemental Use Regulations (MMDS) antennas of one (1) meter or less in residential zones, except such antennas shall comply with City safety requirements. .030 Definitions. For purposes of this section, the following words, terms and phrases shall have the following meanings: .0301 Antenna. A device used in communications which radiates and/or receives any radio or television signals for commercial purposes, including, but not limited to, commercial cellular, personal communication service, wireless modem signals, and/or data radio signals. "Antenna" shall not include any noncommercial satellite dish antenna or any antenna utilized for amateur radio, citizen band radio, television, AM/FM or shortwave radio reception purposes. .0302 Building- mounted. Mounted to the side, facade or roof of a building, upon or to the side of another facility or structure such as a water tank, church steeple, clock tower, freestanding sign, sports field lighting, or similar structure, or concealed within or architecturally integrated into a building or other concealing facility or structure, excluding utilities transmission towers. .0303 Cellular. An analog or digital wireless communication technology that is based on a network of interconnected receiving and transmitting sites or stations. .0304 Co- located. The use of a single support structure and/or site by more than one wireless telecommunications provider or utility provider. .0305 Ground- mounted. Mounted to a pole, monopole, tower or other similar freestanding facility or structure, specifically constructed for the purpose of supporting an antenna. .0306 Lattice tower. A structure in excess of twelve (12) feet in height with three or more legs and used to support antennas. .0307 Monopole. A structure composed of a single pole used to support antennas or related equipment. .0308 Mounted. Attached or supported. .0309 Multipoint Distribution Service. A microwave communication service that delivers video programming directly to subscribers, including multi - channel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or as otherwise defined by the Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of the Code of Federal Regulations and any interpretive decisions thereof issued by the Federal Communications Commission. .0310 Personal communication services. Any form of commercial communications service utilizing digital wireless radio communication technology, having the capacity for multiple communications services and the routing of calls to individuals, regardless of location. "Personal communication services" shall also mean and include "personal wireless services" as defined in Section 704 of the Telecommunications Act of 1996. .0311 Roof - mounted. Mounted above the eave line of a building. .0312 Search ring. The area of service deficiency within which anew facility is proposed to address the network deficiency. 38 -7 Anaheim Zoning Code Supplemental Use Regulations .0313 Stealth facility. A wireless communication facility that is disguised to appear as a natural object or part of an existing man -made object, facility or structure, which is designed to blend into the surrounding environment or is architecturally integrated into a building or other concealing structure, including any concealed antenna. .0314 Wireless Communication Facility. A facility consisting of any commercial antenna and/or other related equipment, or combination thereof, necessary to the transmission and/or reception of any radio or television signals for commercial purposes, including but not limited to, commercial cellular, personal communication service, wireless modem, and/or data radio communications, and which has been granted a certificate of public convenience and necessity, or a wireless registration number by the California Public Utilities Commission, or otherwise provides commercial wireless communications services to the public. "Wireless Communication Facility" does not include any radio or television facility that is exempt from local regulation pursuant to state or federal law. .040 Locational Standards. .0401 Wireless communication facilities shall be co- located where technologically feasible and visually beneficial. Facilities that are not proposed to be co- located shall provide a written explanation why the facility is not a candidate for co- location. .0402 Where determined to be technically feasible and appropriate, unutilized space should be made available for co- location of other wireless communication facilities, including space for entities providing similar, competing services. Co- location is not required in cases where the addition of the new service or facilities would cause quality of service impairment to the existing facility or if it became necessary for the host facility to go off -line for a significant period of time. .0403 Front or street setback. No wireless communication facility shall be constructed or placed in any street setback in any zone except as may be specifically allowed by the regulations of that zone. .0404 Interior setback. All portions of any antenna structure and associated equipment shall be located a minimum of five (5) feet from any interior property line unless otherwise specifically allowed by the regulations of the zone. .0405 In multiple - family residential zones, no wireless communication facility shall be installed on the roof of a building except as specifically provided in subsections 18.38.060.030 and 18.38.060.060 pertaining to building - mounted wireless communication facilities. .0406 A ground - mounted wireless communication facility shall not be located in a required parking area, vehicle maneuvering area, or vehicle /pedestrian circulation area in such a manner that it interferes with, or in any way impairs, the utility or intended function of such area. (Ord. 5944 § 16; Sept. 28, 2004) .0407 In single- family residential zones, the only wireless communications facility allowed use is sports field lighting located on publicly owned parks or golf courses. .0408 A wireless communications facility shall not be permitted on property with a Transitional Zone designation where the existing use is single family or multiple family. 0409. Ground- mounted wireless communications facilities shall not be permitted in any zone, except for Stealth facilities as defined in subsection .0301, above. IM Anaheim Zoning Code Supplemental Use Regulations .050 Design Standards. .0501 All wireless communication facilities shall be designed to minimize the visual impact to the greatest extent feasible, considering technological requirements, by means of placement, screening, and camouflage, to be compatible with existing architectural elements and building materials, and other site characteristics. The shortest, smallest and least visible antennas possible shall be used to accomplish the coverage objectives. .0502 All screening used in connection with a building- mounted wireless communication facility shall be compatible with the architecture, color, texture and materials of the building or other structure to which it is mounted. .0503 Alternative antenna support structures shall be used in lieu of monopoles where the opportunity exists or where visibility impacts are a concern. Facility antennas shall be integrated, to the extent practical, into existing or newly developed facilities that are functional for other purposes. .0504 New lattice towers shall not be permitted. .0505 Antennas and other parts of wireless communication facilities shall be of non - reflective, glare reducing materials. Colors and materials for facilities shall be chosen to minimize visibility. Facilities shall be painted or textured using colors to match or blend with the primary background. .0506 Lightning arresters and beacon lights shall not be included in the design of wireless communication facilities unless required by the Federal Aviation Administration (FAA). Lightning arresters and beacons shall be included when calculating the height of facilities such as towers and monopoles. .0507 Wireless communication facilities shall not bear any signs or advertising devices other than certification, warning, or other required seals or required signage. .0508 Whip antennas and microwave dish antennas shall be integrated into the design of the structure and/or fully screened from public view. .0509 Accessory support facilities, such as electrical cabinets and equipment rooms, shall be placed within an interior space of the existing building, underground, within a landscaped planter within the existing parking lot, or on the rooftop of the existing building. Support facilities shall be designed to match the architecture of adjacent buildings and/or screened from public view by walls, fences, parapets, landscaping and similar treatments. Any trees removed within landscaped areas shall be replaced and landscaping shall be compatible with surrounding landscaping and shall be of a type and variety capable of screening all or a portion of the facility as approved by the Planning Director. .0510 All wireless communication facilities shall be designed so as to minimize, and be resistant to opportunities for unauthorized access, climbing, vandalism, graffiti, and other activities which would result in hazardous conditions, visual blight, or attractive nuisances. .0511 No chain link fence is permitted in association with any wireless communication facility except in industrial zones where the fence is not visible to the public right -of -way or adjacent non - industrial zone. Anaheim Zoning Code Supplemental Use Regulations .0512 The height of the wireless communication facility shall not exceed the height limits of the applicable underlying or overlay zone unless otherwise authorized by a conditional use permit; provided, however, that in the "(SC)" Overlay Zone the height of a stealth facility may exceed the height limit up to a maximum of ten percent (10 %) without a conditional use permit. The following findings shall be adopted when approving a conditional use permit that increases the allowable height: .01 The Planning Commission has reviewed alternative options provided by the applicant and staff, including but not limited to additional and /or different locations and designs, and has determined that the application as approved would have a lesser impact on the aesthetics and welfare of the surrounding community as compared to other alternatives; .02 Based on the evidence presented, the additional height above the maximum building height for the applicable zone is reasonably necessary for collocation of facilities or for the efficient operation of the proposed facility; and .03 Any negative impacts of the proposed facility are properly mitigated. .060 Operational Standards. .0601 General. All wireless communication facilities shall be erected, located, operated and maintained at all times in compliance with this section and all applicable City, State or Federal laws and regulations. .0602 Radio Frequency Emissions Compliance. All wireless communication facilities shall comply with the federal requirements relating to radio frequency emissions and maximum exposure limits provided in Title 47 of the Code of Federal Regulations, Sections 1.1307, 1.1310 and 2.1093, as those sections may be amended from time to time. .070 Application Submittal Requirements. In addition to other application submittal requirements that are imposed by this title, the following shall be submitted with any application for a telecommunications antenna review permit or a conditional use permit. .0701 Photo simulations accompanied by a map indicating the location from which each image was taken. .0702 A site and landscaping plan showing the specific placement of existing structures, trees, and other significant site features; and indicating type and location of plants proposed to be used to screen wireless communication facility components and the proposed color(s) for the wireless communication facility. .0703 Plans showing how connections to utilities will occur, the ownership of those utilities, and any proposed right -of -way encroachments or easements. .0704 Plans showing the search ring for the proposed facility. .0705 Plans showing how vehicle access will be provided. .0706 A description of services proposed to be offered in conjunction with the proposed facility. .0707 A justification study indicating the rationale for selection of the proposed site in view of the relative merits of any feasible alternative site within the service area. This 38 -10 Anaheim Zoning Code Supplemental Use Regulations study shall also include the applicant's master plan which indicates the proposed site in relation to the provider's existing and proposed network of sites within the City and surrounding areas, including a map and narrative description of each site. For modifications or alterations to existing facilities, the applicant may be required to submit a justification study limited to the need to modify, alter or expand the facility. .0708 A co- location study examining the potential for co- location at an existing site. A good faith effort in achieving co- location shall be required of all applicants. Applicants who propose facilities that are not co- located with another telecommunication facility shall provide a written explanation why the subject facility is not a candidate for co- location. .0709 At the discretion of the Planning Director, the applicant may be required to provide an authorization to permit the City to hire an independent, qualified consultant to evaluate any technical aspect of the proposed telecommunication facility, including but not limited to, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternate screening methods or devices or alternate (more suitable) locations. Any authorization for this purpose shall include an agreement by the applicant to reimburse the City for all reasonable costs associated with the consultation. Any proprietary information disclosed to the City or the consultant is deemed not to be a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. .080 Application Processing. Applications requiring a telecommunications antenna review permit shall be processed in accordance with Chapter 18.62 (Administrative Reviews) and applications requiring a conditional use permit shall be processed in accordance with Chapter 18.66 (Conditional Use Permits). .090 Conditions of Approval. All facilities permitted by a Telecommunications Antenna Review Permit shall be subject to the following conditions of approval. .0901 That the telecommunications facility shall be limited to the design, as specifically identified on the approved plan,. Said information shall be specifically shown on plans submitted for building permits. No additional antennas or equipment cabinets shall be permitted without the approval of the Planning Services Division. .0902 That the portion of the property being leased to the telecommunication provider 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. .0903 That no signage, flags, banners, or any other form of advertising shall be attached to the antennas, the transmission tower structure or the accessory equipment building. .0904 That all equipment, including supply cabinets and power meter shall be screened from public view as required by the Community Services Department (if located on a municipally -owned park or golf course) and the Planning Department. Furthermore, clinging vines shall be planted adjacent to the equipment enclosure in order to screen any wall associated with the facility and prevent graffiti. 38 -11 Anaheim Zoning Code Supplemental Use Regulations .0905 That all final plans for this telecommunication facility including the antennas and ground- mounted equipment enclosure shall be reviewed and approved by the Community Services Department (if located on a municipally -owned park or golf course). .0906 That the telecommunications equipment operator shall ensure that its installation and choice of frequencies will not interfere with the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for Public Safety and related purposes. .0907 That before activating its facility, the telecommunications equipment operator shall submit to a post - installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division - approved contractor at the expense of the telecommunications equipment operator. .0908 That the telecommunications equipment operator shall resolve all interference complaints within 24 hours. .0909 That the telecommunications equipment operator shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the Planning Services Division. .0910 That the telecommunications equipment operator shall ensure that any of its contractors, sub - contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. .100 Permit Review. The City recognizes that the technology associated with telecommunication equipment is subject to rapid changes and upgrades as a result of industry competition and customer demands, and anticipates that telecommunication antennas and related equipment with reduced visual impacts will be available in the future with comparable or improved coverage and capacity capabilities. The City finds that it is in the interest of the public health, safety and welfare that telecommunication providers be required to replace older facilities with newer equipment of equal or greater capacity and reduced visual impacts as technological improvements become available. Conditionally permitted wireless communication facilities, therefore, shall be reviewed a minimum of five (5) years from the approval date in order to review new technologies. No vested right to any facility approved by conditional use permit shall exceed this five (5) -year period. .110 Removal. .1101 Lawfully erected wireless communication facilities that are no longer being used shall be removed promptly from the premises, and no later than three (3) months after the discontinuation of use, except as otherwise provided by law. A wireless communication facility is considered abandoned if it ceases to provide wireless communication services for thirty (30) or more days. Such removal shall be in accordance with proper health and safety requirements and all ordinances, rules and regulations of the City. The wireless communication provider shall send to the City a copy of the discontinuation notice required by the CPUC or FCC at the time the notice is sent to the regulatory agencies. 38 -12 Anaheim Zoning Code Supplemental Use Regulations 1102 All facilities determined to be abandoned and not removed within the required three (3) -month period from the date of notice shall be in violation of this section, and operators of the facility and the owners of the property shall be subject to penalties for violations under the enforcement and penalties provisions of this title. The City may remove all abandoned facilities following the three (3) -month removal period at the operator's expense. Facilities removed by the City shall be stored for no less than fifteen (15) days and thereafter be disposed of by public auction, if deemed to be of value by the City, or otherwise as permitted by law. .110 Nonconformities. Wireless communication facilities shall comply with the provisions of Chapter 18.56 ( Nonconformities). 18.38.070 AUTOMOBILE SERVICE STATIONS. Uses classified as Automotive —Service Stations shall comply with the following provisions: .010 The following uses may be permitted unless specifically prohibited during the conditional use permit process: .0101 Sale of fuel and lubricants; .0102 Sale of tires, batteries and accessories; .0103 Mounting and dismounting tires; .0104 Oil changing and lubrication; .0105 Mechanical and/or manual car washing and polishing, provided such uses meet the following requirements: 01 They are performed within the building; .02 Not more than one service bay is used; .03 Designated drying areas are provided; .04 The entrance to the car wash tunnel shall be designed to minimize visibility from public rights -of -way and adjacent residential uses; .05 Vehicle drying areas shall not be counted towards required parking; and .06 A customer waiting area is required unless the washing is done by the customer or involves un- staffed cleaning only; .0106 Servicing of such items as fuel pumps, U joints, ball joints, shock absorbers, mufflers, exhaust pipes, carburetors, generators, starters, ignition systems, regulators, air conditioners, radiators, brakes, water pumps and radios; .0107 Vending machines and open display racks and cases for the dispensing of such items as ice, soft drinks, snack foods and cigarettes provided that the area used for such machines, display racks and cases shall not exceed two hundred fifty (250) square feet or fifty percent (50 %) of the interior area of the room in which located, whichever is less. All such machines, display racks and cases shall be located in a single room within the service station building which room shall be separate from any vehicle service bays; 38 -13 Anaheim Zoning Code Supplemental Use Regulations .0108 The removal, overhauling and replacement of engines, transmissions and differentials for vehicles of one and one -half (1'/2) tons or less rated capacity provided that such repair activity shall be conducted within the service station building, and shall only constitute an incidental part of the service station operation; and .0109 Outdoor Storage and/or Display. All uses, storage and/or display of new or used merchandise shall be conducted wholly within the service station building, excepting the following uses which may be conducted outside: .01 The sale of fuel, .02 Storage and display of portable pre - filled propane tanks, subject to the following requirements: (a) The size of the storage area shall not exceed twenty -five (25) square feet; (b) The tanks shall not be visible from the public right -of -way; (c) The storage shall not obstruct any pedestrian accessway; and (d) The storage area shall not be located in any landscape setback or vehicular accessway. .03 Performance smog checks only to the extent required to comply with testing procedures, and .04 Display of automobiles, trucks and recreational vehicles where authorized by Subsection .020. .020 Beer and Wine Sales. The off -sale of beer and/or wine is not allowed unless specifically approved during the conditional use permit process. The approval may include, but is not limited to, the following conditions: .0201 A minimum enclosed retail sales area of one thousand two hundred (1,200) square feet shall be provided; .0202 An inventory of retail sales items (not including beer, wine, fuel or automotive products) exceeding ten thousand dollars ($10,000.00) shall be maintained on the site; .0203 Receipts from the sale of beer and wine shall not exceed thirty five percent (35 %) of all retail sales during any twelve (12) -month period; .0204 No display of beer or wine shall be located outside of a building or within five (5) feet of any public entrance to the building; .0205 The area of beer or wine displays shall not exceed twenty -five percent (25 %) of the total display area in a building; .0206 Cold beer or wine having a temperature below sixty -five (65) degrees Fahrenheit shall only be sold from or displayed in permanently affixed coolers; .0207 No advertising of beer or wine shall be located, placed or attached to any location outside the interior of the building and any such advertising shall not be readily visible to anyone outside of the building; .0208 No exterior audio advertisement of any alcoholic beverage sales; 38 -14 Anaheim Zoning Code Supplemental Use Regulations .0209 Beer shall not be sold in packages containing less than six (6) cans or bottles and wine coolers shall not be sold in packages containing less than four (4) bottles or cans; .0210 Sale of alcoholic beverages shall be made to customers only when the customer is in the building; .0211 No person under the age limit established by the State shall sell or be permitted to sell any beer or wine; .0212 No video, electronic, pool tables or other games shall be permitted; .0213 At least one (1) sign to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed in the building for every three (3) signs advertising beer or wine; provided, however, that at least two (2) such signs to discourage driving a vehicle while under the influence of drugs or alcoholic beverages shall be prominently displayed in the building; and .0214 The operator of the service station shall participate in, aid and support educational and other programs intended to reduce driving while under the influence of drugs or alcoholic beverages. .030 Prohibited Uses. Other uses, including but not limited to spray painting, body and fender repair, tire recapping, and the sale or rental of merchandise not specified in this section, are not allowed. .040 Operations. All uses shall be maintained in such a manner that they are neither obnoxious nor offensive by reason of emission of odor, dust, gas, smoke, fumes, noise, vibration, electromagnetic disturbance or other similar causes detrimental to the public health, safety or general welfare. .050 Convenience Stores. If a convenience store is associated with an automobile service station, the provisions relating to convenience stores in Section 18.38.100 of this chapter shall apply. .060 Development Standards. The following development standards shall apply: .0601 Service stations and any accessory uses and structures shall be located on corner sites fronting on at least one (1) arterial highway that are of adequate size to accommodate their intended use without congestion and without adversely impacting traffic in the public right -of -way; .0602 All driveways shall conform to standards for commercial driveway approaches; .0603 The number of driveways shall be limited to the number required to facilitate safe circulation; .0604 The access and internal circulation shall be designed to encourage safe and efficient ingress, egress, and on -site circulation for vehicles, pedestrians, bicyclists and fuel trucks; .0605 All signs shall conform to Section 18.44.120 (Service Station Signs) of Chapter 18.44 (Signs); .0606 All signs shall be coordinated and complementary to the buildings; 38 -15 Anaheim Zoning Code Supplemental Use Regulations .0607 The service station building and canopy structures shall observe minimum setbacks established by the zone in which located; .0608 The height of canopy structures shall be limited to a maximum of fifteen (15) feet on the underside, or as otherwise determined by conditional use permit, and shall be further proportional to the scale of the main building(s); .0609 All buildings and canopies shall be designed with architectural enhancements including but not limited to wainscoting, veneers, and other architectural enhancements; .0610 The heights and elevation of all structures shall be compatible with structures on surrounding lots; .0611 Above - ground venting pipes shall not be permitted within required setback areas and shall be located to minimize their visibility to public rights -of -way; .0612 Car wash equipment, air and water stations, utility equipment, vents and other structures that generate noise or other adverse effects shall be proposed in locations that provide the most protection to surrounding residential and sensitive land uses; .0613 All lighting shall be directed downward and away from adjacent properties; .0614 Trash storage areas shall be provided in conformance with City standards on file with the Director of Public Works; .0615 Excepting in the (SC) Zone where the standards of that zone shall apply, minimum landscaping requirements for all other zones shall comply with the following, or as determined by conditional use permit: .01 Planting areas, with a minimum inside dimension of at least fifteen (15) feet in width shall be provided along all street frontages except at driveway openings. The landscape area shall be planted with living plants and maintained with permanent irrigation facilities. Landscape areas shall be protected by a minimum six (6) inch high concrete curb or a raised planter. Further, landscape areas at the corner shall have an inside radius no greater than the property line radius; and .02 Broadheaded or full- crowned evergreen trees of a minimum size of twenty -four (24) -inch box shall be provided in minimum four (4) feet by four (4) feet tree wells or a continuous four (4) foot wide planter on a maximum of twenty (20) foot centers along any interior site boundary lines. The spacing of the trees shall be reduced to accommodate the same number of trees in the event a building prevents spacing at twenty (20) foot centers. Such trees shall be protected by a minimum six (6) inch high concrete curb and shall be maintained with permanent irrigation facilities; and .0616 Where an interior site boundary line abuts a residential zone, a masonry boundary wall having a minimum height of six (6) feet shall be provided. The wall height shall be measured from the highest finished grade level of subject property or adjacent properties, whichever is highest. The wall shall be reduced to thirty -six (36) inches in height within any street setback areas for a distance equal to the setback requirement as measured from the ultimate street right -of -way and shall be landscaped with clinging vines. .070 Covenant to Remove Facilities. The property owner shall record an unsubordinated covenant, satisfactory to the Planning Director and City Attorney, agreeing to 38 -16 Anaheim Zoning Code Supplemental Use Regulations remove all structures, including underground storage tanks, in the event that the station is closed for a period of twelve (12) consecutive months. A service station shall be considered closed during any month in which it is open for less than fifteen (15) days. 18.38.080 BED AND BREAKFAST INNS. A Bed and Breakfast Inn shall comply with all of the following provisions: .010 Minimum Size of Structure. The Bed and Breakfast Inn shall be located in a building of residential design having a minimum liveable floor area of two thousand (2,000) square feet excluding any garage area. .020 Owner or Manager in Residence. An owner, manager, proprietor or caretaker of the property shall reside on the subject premises at all times. .030 Signs. On- premises advertising for any Bed and Breakfast Inn located in any zone shall be limited to either one (1) wall sign not more than six (6) square feet in area or one (1) single or double -faced freestanding sign not more than six (6) square feet in area per sign face and not more than four (4) feet in height. The content of any such sign shall identify only the name and address of the facility. No sign shall be internally illuminated. The sign shall be of a style to match the architecture of the house. .040 Cooking Facilities. No cooking facilities shall be permitted in any guest rooms. .050 Meals. No meals shall be served to guests other than breakfast. The breakfast meal, if served, shall be served only to registered overnight guests. .060 Type of Building. The Bed and Breakfast Inn shall be located in a single - family residence deemed by the City to be of architectural and/or historical significance and that complies with all provisions of the California Building Standards Code as adopted by the City. 070 Location. The Bed and Breakfast Inn shall be located on an arterial highway. 18.38.090 CARETAKER UNITS. Accessory uses classified as Caretaker Units are subject to the provisions of this section. .010 Number of Units Per Parcel. Only one (1) caretaker unit shall be allowed on any one (1) lot. .020 Primary Use. A caretaker unit is only allowed if the primary use on the lot is non- residential. .030 Non - Residential Lot and Uses. A caretaker unit shall be allowed only if the existing lot or use meets the following requirements: .0301 The primary non - residential use on the lot reasonably requires an on -site resident for security, maintenance, or other similar purposes; .0302 The existing lot is a minimum of twenty -two thousand (22,000) square feet and complies with current lot size requirements; and .0303 The existing non - residential use complies with current parking requirements or will comply in the process of meeting the parking requirements for the caretaker unit. 38 -17 Anaheim Zoning Code Supplemental Use Regulations .040 Facilities. A caretaker unit may contain facilities for living, sleeping, eating, cooking and sanitation. .050 Utility Services. The accessory caretaker unit shall not be metered separately from the main building for gas, electricity, communications, water, and sewer services. .060 Size. The size of the accessory caretaker unit shall comply with the following requirements: .0601 The total floor area shall be no less than five hundred (500) square feet; .0602 The total floor area shall be no more than one thousand two hundred (1,200) square feet or thirty percent (30 %) of the size of the main building, whichever is less; and .0603 The unit shall contain no more than two (2) bedrooms. .070 Development Standards. A detached caretaker unit shall conform to the requirements applicable to accessory buildings as set forth in the regulations for the zone in which it is located. Its height shall not exceed that of the main building. .080 Parking. Parking for the caretaker unit shall be provided as follows: .0801 One (1) off -street space, covered or uncovered, shall be provided for a one- bedroom unit; and .0802 Two (2) off -street spaces, covered or uncovered, shall be provided for a two- bedroom unit. These spaces may be in tandem. .090 Occupancy. The caretaker unit shall be exclusively used for employees of the principal use on the premises and their immediate family. 18.38.100 CONDOMINIUM CONVERSIONS. .010 Intent. The City Council has determined that residential condominiums differ from apartments in numerous respects and that they should be treated differently from apartments for the benefit of the public health, safety and welfare. .020 Conversion of Existing Structures. Any person, firm, partnership, corporation, association or other entity proposing to convert an existing multiple - family structure to a condominium shall first obtain a Conditional Use Permit in accordance with subsection .090 (Conversion of Existing Multiple - Family Structures) of Section 18.06.030 (Uses) of Chapter 18.06 (Multiple- Family Residential Zones) and Chapter 18.66 (Conditional Use Permits). 18.38.105 CONTRACTOR'S OFFICE & STORAGE. The provisions of this section apply to temporary uses classified as Contractor's Office & Storage in Section 18.36.060 (Temporary Use Classes). .010 Location and Duration. Not permitted in the front or street setback. The maximum time this use may exist on a lot shall be one (1) year. Extensions may be granted in one (1) year increments if it is demonstrated that the trailer is not detrimental to the community. .020 Approval. The Planning Director shall have the authority to approve temporary contractor's office and storage trailers and extensions of time for such trailers provided plans Anaheim Zoning Code Supplemental Use Regulations for permanent construction have been submitted to the Building Division or construction is underway. (Ord. 5944 § 17; Sept. 28, 2004) 18.38.110 CONVENIENCE STORES. Uses classified as Convenience Stores are subject to the provisions of this section. .010 No advertising of alcoholic beverages shall be located outside the building nor shall advertising on the interior be visible from the exterior of the building. Audible advertising of alcoholic beverages shall be prohibited. .020 No display of alcoholic beverages shall be located outside the building or within five (5) feet of any entrance used by customers. .030 No alcoholic beverages shall be consumed on the premises. .040 No sales of alcoholic beverages shall be made to customers outside the building. .050 No person under the minimum age established by the State shall be permitted to sell alcoholic beverages. .060 No exterior vending machines shall be permitted. .070 No video, electronic or other amusement devices or games shall be permitted. .080 No roof - mounted balloons or inflated devices shall be permitted. .090 No outdoor storage or stacking of shopping carts shall be permitted. .100 Any public telephones shall be inside the building and within the control of the operator of the business. .110 All fixtures, displays, merchandise and other materials shall be set back a minimum of three (3) feet from all windows visible to the public right -of -way. .120 No storage, display or sales of any merchandise, fixtures, or other material shall be permitted outside the building except as may be permitted with a special event permit approved by the Planning Department. .130 The parking lot serving the premises shall be maintained with sufficient lighting power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. The lighting shall be directed, positioned and shielded so as not to illuminate adjacent properties. A plan showing the lighting shall be submitted to the Community Services Division of the Police Department for review and approval. .140 The property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash or debris, and removal of graffiti within forty eight (48) hours from time of occurrence. .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 Enforcement 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. 18.38.120 COMMERCIAL USE OF A RESIDENTIAL STRUCTURE. 38 -19 Anaheim Zoning Code Supplemental Use Regulations Commercial Use of Residential Structure. The conversion of a residential structure within the "C -G" or "O -L" zone to a commercial use shall comply with the following provisions: .010 Uses. Use of the structure shall be limited to the following: .0101 Business service fums including architectural, engineering, drafting services, market research and other similar firms; .0102 Business agencies including advertising, travel, credit, finance, employment and other similar agencies; .0103 Business offices including accounting, bookkeeping, insurance, law or legal services, real estate, public utilities, consultants and other similar offices; .0104 Financial offices and institutions including banks, trust companies, savings and loan associations, security and commodity exchanges and other similar companies; .0105 Medical - dental offices; .0106 Antique shops or art galleries; .0107 Barber or beauty shops; .0108 Bookstores; .0109 Gift or hobby shops; .0110 Restaurants, General or Semi - Enclosed, with or without cocktail lounge and /or on- premise sale and consumption of alcoholic beverages, with no public entertainment; and 0111 Bed and Breakfast Inns. .020 Additional Code Requirements. All structures shall comply with the following additional requirements: .0201 All provisions of Title 15 (Building and Housing Code) of the Anaheim Municipal Code; and .0202 All provisions of Fire Zone No. 2, except as modified in whole or in part by the Fire Chief. .030 Parking. All parking shall be provided to the rear or non - street side of the main structure. .040 Landscaping. The required front setback of the residential structure shall be maintained and landscaped in accordance with the landscaping provisions of the underlying zone. .050 Frontage. All parcels shall have frontage on an arterial highway as designated by the Circulation Element of the General Plan. 18.38.130 HOME OCCUPATIONS. Home occupations shall comply with the following provisions: .010 No person other than members of the resident family shall engage in the home occupation. 38 -20 Anaheim Zoning Code Supplemental Use Regulations .020 No sales of products or services on the premises shall be permitted except for sales through the mail, delivery service, internet or telephone. .030 No significant increase in pedestrian or vehicular traffic shall be generated by the home occupation. For purposes of interpretation, more than six (6) total vehicles or eight (8) total people per day relating to the home occupation shall be conclusively deemed a significant increase in traffic. .040 Commercial vehicles used in the home occupation that are parked or stored on the premises shall not be visible from any public street or right -of -way. For purposes of this section, a "commercial vehicle" is defined as a vehicle with commercial license plates that is not designed and used for recreational and domestic purposes. .050 No outdoor storage of materials and /or supplies or other outdoor activity related to the home occupation shall be permitted. Enclosed storage of home occupation materials and/or supplies is permitted with the following restrictions: .0501 Storage of supplies or equipment used in the home occupation may be permitted in a garage if the storage does not diminish the usable parking space as required by Chapter 18.42 (Parking and Loading). .0502 Trailers or tractors weighing one (1) ton or less that are used in the home occupation shall be stored entirely within an enclosed garage and are subject to the provisions of Subsection .0501 above. Trailers, tractors or trucks in excess of one (1) ton and all wheeled construction equipment shall not be permitted on the premises. .0503 Storage of hazardous waste, noxious materials, chemicals, pharmaceuticals, or other substances that may constitute a nuisance shall not be permitted on the premises. .060 No exterior aspect of the residential structure shall allow the home occupation to be reasonably recognized as a nonresidential use. .070 No noise, odor, dust, vibration, fumes or smoke caused by a home occupation shall be readily discernible at the lot boundaries and the use shall not adversely affect surrounding residents. .080 No home occupation shall cause an electrical disturbance that shall adversely affect the property of another person. .090 The home occupation shall be operated in conformance with all applicable laws. .100 The person conducting the home occupation shall obtain a City business tax certificate for and shall register the home occupation with the Planning Department on forms provided for such purpose, together with payment of a filing fee as established by resolution of the City Council. 18.38.140 LARGE FAMILY DAY CARE HOMES. Any Large Family Day Care Home shall be located, operated or maintained by any person or entity within the City, in compliance with all of the provisions of this section. .010 The use shall be conducted within a detached single- family dwelling located in a residential zone of the City and shall not adversely affect surrounding residents. .020 The use shall comply with all state licensing requirements for Large Family Day Care Homes. 38 -21 Anaheim Zoning Code Supplemental Use Regulations .030 The use shall comply with standards adopted by the State Fire Marshal pursuant to the California Health and Safety Code relating to Large Family Day Care Homes. .040 The use and dwelling unit shall comply with all site development standards for the residential zone in which it is located. No signs or advertising identifying the day care use shall be permitted. .050 The use shall be located at least six hundred (600) feet from any other use classified as Day Care Large Family, Community Care Facilities, or Day Care Centers, as measured at the closest point of the parcels whereon said uses are conducted. .060 A Site Plan satisfactory to the City Traffic and Transportation Manager shall be submitted specifying the vehicle loading and unloading area for the children and any required parking spaces that will be maintained for the use. The City Traffic and Transportation Manager shall review and approve the Site Plan if it conforms to the following requirements: .0601 One (1) off - street parking space shall be provided in a location permitted by code, for each employee or worker who does not live on the premises. Off -street parking spaces provided for the dwelling unit, other than spaces within a garage, may be counted toward satisfaction of this requirement. .0602 If the use is located on a parcel abutting, or having access upon, an arterial highway as designated by the Circulation Element of the Anaheim General Plan, an on -site vehicle loading and unloading area for children shall be provided which (a) provides vehicular access to and from the child care site without stacking of vehicles onto the public street or sidewalk and (b) provides circular or turn- around drives on -site so vehicles do not back up onto the public street. .0603 If the proposed location is not on a parcel abutting or having access upon an arterial highway, at least one (1) on -street or off -street loading space shall be provided. Any off -street loading space so provided shall conform to the requirements of Chapter 18.42 (Parking and Loading). Any on -street loading space so provided shall be designated and maintained as such by such means as approved in the Site Plan. .0604 The Site Plan shall clearly identify pedestrian routes to and from the drop - off and pick -up areas, including sidewalks if applicable. .070 The operator of the Large Family Day Care Home shall obtain a City business tax certificate, shall provide a copy of the State of California Day Care License to the Planning Department, and shall register the home with the Planning Department on forms approved for such purpose by the Planning Director. 18.38.150 LAUNDROMATS. All laundromats shall comply with the provisions of this section .010 The laundromat shall be operated with at least one (1) attendant on -site during all hours of operation. .020 Any rear doorways shall remain closed, preventing entry from outside the building after dark but not preventing emergency exit. 38 -22 Anaheim Zoning Code Supplemental Use Regulations .030 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. .040 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 Window signs shall not be permitted. .060 Prior to commencing operation of the business, a valid business tax certificate shall be obtained from the Business License Division 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 storefront to provide visibility into the unit. 18.38.160 MECHANICAL AND UTILITY EQUIPMENT — GROUND MOUNTED. .010 Ground- mounted mechanical or utility equipment and other such similar equipment shall be screened from view from all public rights -of -way, public property, and adjacent non - industrially zoned properties as may be seen from a point six (6) feet above ground level on the adjacent non - industrially zoned property. .020 The screening shall be provided by architectural building features, fencing, or landscaping where appropriate and as approved by the Planning Department. .030 The equipment shall be located a minimum of five (5) feet from the property line except in single - family zones and shall not be located in a required structural setback area abutting any public or private street. .040 Site, elevation and landscape plans showing the screening for all new utility devices visible from all public rights -of -way, public property, and adjacent non - industrially zoned properties as may be seen from a point six (6) feet above ground level on the adjacent non - industrially zoned property, public right -of -way or public property shall be submitted to the Planning Department for review and approval. Additionally, plans for equipment over eighteen (18) inches in height shall be subject to review and approval by the City Traffic and Transportation Manager for line -of -sight visibility at unsignalized street intersections or at the 38 -23 Anaheim Zoning Code Supplemental Use Regulations intersection of vehicular and pedestrian pathways. No building permit will be issued without conformance with this subsection. .050 Exception. Setback and screening requirements for public utility equipment may be modified by the City for life safety and/or access reasons, or as otherwise established by guidelines adopted by the City. 18.38.170 MECHANICAL AND UTILITY EQUIPMENT — ROOF MOUNTED. .010 Roof - mounted mechanical or utility equipment (including, but not limited to, compressors, condensers, conduits, pipes, vents, ducts, etc., as found in Title 15 "Buildings and Housing" of the Anaheim Municipal Code and in the Uniform Mechanical Code) shall not be visible in any direction (360 degrees) from any public right -of -way, public property or any adjacent property as may be seen from a point six (6) feet above ground level on such adjacent property, public property, or sidewalk on the opposite side of the street. .020 Screening of equipment shall be an integral part of the building design such that the screening method and materials are not recognizable as a screening device. The screening shall be provided by acceptable, permanent building materials, the same as or similar to those used in the construction of the underlying building, or by acceptable architectural features of the building itself. Wood lattice shall not be used as a screening device. Screening materials shall be the same color as the main building. Permanent, mature landscaping may be one component of the screening, but only if it provides a complete and sufficient year -round screen. 030 All equipment screening shall be retained and maintained in good condition 18.38.180 OIL PRODUCTION. Oil Production as defined in Chapter 18.36 (Types of Uses), including abandonment of wells, is subject to the provisions of Chapter 17.12 (Oil Drilling and Production Regulations) of the Anaheim Municipal Code, and to the following additional provisions. If any regulations contained in this section are inconsistent with any regulations in Chapter 17.12, the more restrictive regulations shall apply. .010 Maximum Drill Site Area. No drill site shall be larger than two and one -half (2.5) acres, or be of such size or shape that it cannot be contained within a three hundred thirty (330) by three hundred thirty (330) square foot rectangle. .020 Maximum Number of Wells. The number of wells that may be drilled shall not exceed one (1) well to each five (5) acres in the leased area. .030 Minimum Distance Between Drill Sites. The minimum distance between drill sites shall be one thousand three hundred twenty (1,320) feet. For the purpose of this subsection, the drill site for an oil well existing on December 1, 1965, shall be deemed to be all of the area within one hundred (100) feet from the center of the oil well. .040 Minimum Distance Between Drill Sites and Dwellings or Other Structures. No oil well shall be drilled within one hundred fifty (150) feet of any dwelling nor shall any dwelling be constructed within one hundred fifty (150) feet of any oil well. .050 Permitted Hours of Operation for Oil Wells Located Near Dwellings and Other Structures. Any site preparation, drilling or operation of any oil well shall be conducted only 38 -24 Anaheim Zoning Code Supplemental Use Regulations between the hours of seven a.m. and seven p.m. if at the time of application for a permit to drill any of the following conditions exist: .0501 Twenty five (25) or more dwellings are located within one thousand three hundred twenty (1,320) feet of the proposed well; or .0502 Six (6) or more dwellings are located within six hundred sixty (660) feet of the proposed well; or .0503 Any legally established structure used for housing of mentally or physically ill or aged persons, having five (5) or more beds, is located within six hundred sixty (660) feet of the proposed well. .060 Site Development Standards. .0601 Roads and Excavations. Roads and other excavations shall be planned, constructed and maintained so as to provide stability of fill, minimize disfigurement of the landscape, maintain natural drainage, and minimize erosion. .0602 Cut and Fill Slopes. No slope or cut or fill shall have a gradient steeper than one (1) foot rise in one (1) foot horizontal measurement. If it is impractical to provide such gradient due to the soil condition, the condition of the terrain, or the size or length of the cut and fill required, a steeper gradient may be approved in connection with the conditional use permit if it is determined that compliance with the requirement is impractical and that the integrity of the neighborhood will be maintained. .0603 Enclosure of Drill Sites Required. Prior to commencing drilling operations, the drill site shall be enclosed by a minimum eight (8) foot high solid redwood fence or solid masonry wall, as measured from the highest adjacent grade, except on those sides where a natural or artificial barrier of equal or greater solidity and height exists. Solid redwood board gates shall be installed and be equipped with keyed locks, and shall be kept locked at all times when the drill site is unattended. Any and all supporting members of the fence shall be on the interior side of said fence. Following installation, the fence or wall shall thereafter be properly maintained. 0604 Landscaping Requirements. .01 All excavated slopes, both cut and fill, shall be planted and maintained with grasses, plants and /or shrubs during drilling and production operations to an extent reasonably comparable with the general status of undisturbed surfaces in the vicinity. .02 Shrubs shall be planted and maintained along the exterior of the required fence or wall enclosing the drill site. This requirement shall not be construed to limit or prohibit additional site beautification by landscaping or other planting. .0605 Off -Street Parking Required. An off -street parking area containing not less than five (5) spaces shall be provided for each well being drilled and shall be surfaced and maintained in accordance with the requirements of Chapter 18.42 (Parking and Loading) of this title. .0606 Signs Permitted. No sign that is visible from outside the drill site shall be permitted or allowed to remain any place on the drill site except for signs required by law, warning signs and /or `no trespassing' signs. 0607 Pipelines. All off -site pipelines serving the drill site shall be underground. 38 -25 Anaheim Zoning Code Supplemental Use Regulations .0608 Sanitary Facilities. Sanitary facilities shall be provided at the drill site and shall be in accordance with the standards of the Orange County Health Department. .070 Drilling Standards. The following standards shall apply if at the time of application for a permit as required by Chapter 17.12 (Oil Drilling and Production Regulations) any of the conditions described in subsection 18.38.180.050 (Permitted Hours of Operation for Oil Wells Located Near Dwellings and Other Structures) of this section exist. .0701 Soundproofing. Any derrick and all drilling machinery that produces noise shall be enclosed with soundproofing material, which shall be maintained in a clean and serviceable condition. .0702 Lights. All lights shall be directed or shielded so as to confine direct rays to the drill site. .0703 Delivery of Equipment. The delivery or removal of equipment or material from a drill site shall be limited to the hours between seven a.m. and seven p.m., except in case of emergency. .0704 Drill Pipe Storage. No drill pipe shall be racked and made up except between the hours of seven a.m. and seven p.m., except within the derrick. .0705 Power Sources. All power sources shall be electric motors or muffled internal combustion engines. .080 Production Operation Standards. .0801 Underground Installation of Well Head Equipment Required. All well head equipment shall be installed in cellars and no portion of such equipment shall project above the surface of the surrounding ground. .0802 Motive Power Location and Soundproofing Requirements. Motive power for production operations shall be located on the drill site and shall be completely enclosed in a building or buildings insulated with sound - deadening materials. Such buildings shall be of residential appearance and no portion thereof shall exceed sixteen (16) feet in height. .0803 Maximum Storage Tank Capacity. The capacity of storage tanks at a drill site shall not exceed a total aggregate capacity of two thousand (2,000) barrels, excluding processing equipment. .0804 Well Servicing. No well servicing shall be performed except between the hours of seven a.m. and seven p.m. if at the time of well servicing or maintenance any of the conditions described in subsection 18.38.180.050 (Permitted Hours of Operation for Oil Wells Located Near Dwellings and Other Structures) of this section exist, except in case of emergency. .0805 Oil Removal. Oil produced at the drill site shall be removed therefrom by an underground pipeline or pipelines. Such pipeline or pipelines shall be constructed within one hundred eighty (180) days after the date the first well in the drill site is completed. .0806 Equipment Storage. No material, machinery or vehicle, which is not for immediate use or servicing of an installation, shall be stored on the drill site. .0807 Site and Installation Maintenance. The drill site and all permanent installations shall be maintained in a neat, clean and orderly condition, and all surfaces of 38 -26 Anaheim Zoning Code Supplemental Use Regulations permanent installations within the drill site shall be painted and maintained in a neat and orderly manner. .0808 Height of Installation. Except as otherwise specifically permitted herein, no permanent installation at the drill site shall project more than eight (8) feet above the surface of the surrounding ground. .0809 Gas Burning. Natural gas shall not be vented to the atmosphere nor burned by open flare. 18.38.190 OUTDOOR DISPLAYS. This section applies to outdoor displays used in conjunction with home - improvement stores. A site plan proposing any outdoor display areas shall be submitted to the Planning Director for review and approval. The Planning Director may modify any of the following standards if the applicant can demonstrate that the intent of the standard is satisfied without adverse impacts on adjacent uses or public streets. .010 The interior size of the home - improvement store shall be one hundred thousand (100,000) square feet or larger. .020 The display area(s) shall be contained within an area or areas designed for an outdoor display. .030 The sales transaction shall take place within the enclosed building. 040 The display area(s) shall not be located in a parking or pedestrian accessway. .050 All portable materials may only be displayed during business hours. .060 No signage, in addition to that allowed by Chapter 18.44 (Signs), that is visible from a public right -of -way shall be allowed. .070 All portions of the display area(s) shall be located at least two hundred (200) feet from any public right -of -way. .080 The display area(s) shall be located no further than thirty (30) feet from the main building. 18.38.200 OUTDOOR STORAGE. The provisions of this section shall apply to outdoor storage, including but not limited to, vehicles of any kind, boats, trailers, machinery and other equipment or material, or the component parts of such vehicles, boats, trailers, machinery, equipment, or material, where such storage would otherwise be visible from an adjacent or nearby non - industrial zone or use, or public right -of -way. It does not apply, however, to uses classified as Automotive —Car Sales and Boat & RV Sales, provided such outdoor storage is solely for the purpose of displaying vehicles that are immediately available for sale, lease, or rent. It also does not apply to uses classified as Automotive Parking, provided the vehicles are legally parked and are not parked overnight. .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 38 -27 Anaheim Zoning Code Supplemental Use Regulations shall be located below the fence height. The wall or fence shall be kept in a clean, neat and painted condition, free of graffiti. The design and the materials used for the fence or wall shall comply with the provision of Section 18.40.150 (Structural Setbacks and Yards) of Chapter 18.40 (General Development Standards) unless provided otherwise in this section. .020 Location. Outdoor storage shall not be located in any required setback area. It shall be confined to the rear of the main structure(s) or the rear two - thirds of the site, whichever is the more restrictive except as may be permitted under conditional use permit for Outdoor Storage Yards. When it is located adjacent to residential zones, it shall be at least fifteen (15) feet from the property line. .030 Gates. All gates for access to the property shall swing inwardly or slide sideways. The gates shall be kept closed when not in use except that the gate may be kept open during business hours if the interior or contents of the storage yard cannot be seen from non- industrial areas or public streets. The gates shall be subject to approval by the City Traffic and Transportation Manager. .040 Surface Conditions. The storage area shall be properly graded and a layer of gravel at least one -inch thick or a layer of concrete or approved asphaltic material or similar substance shall be placed over the entire surface or as approved by City staff. Additional limitations may be imposed if vehicles such as trucks or forklifts are regularly used in this area. .050 Maintenance. The storage area shall be kept free and clear of weeds and debris of all kinds, both inside and outside the fence or wall. Any graffiti shall be removed within forty-eight hours of occurrence. .060 Height of Storage. All outdoor storage shall be below the height of the enclosing fence or wall. 070 Vehicles. All vehicles shall be parked or stored in an orderly manner .080 Liquids. All gasoline, oil or other liquids shall be drained and removed from any unregistered vehicle located in the storage area. .090 Salvage Yard. No storage shall take place in such a fashion that it constitutes a junkyard or salvage yard unless a junkyard or salvage yard has been approved as a use on the parcel. .100 Vacant Parcels. No storage shall occur on any vacant parcel except as may be permitted by conditional use permit for outdoor storage yards. .110 Temporary Storage of Building Materials. Building materials for use on the same premises may be stored on the parcel during the time that a valid building permit is in effect for construction. .120 Hazardous Materials. No hazardous materials may be stored in a location exposed to rain. Hazardous materials storage shall comply with all applicable laws and regulations. .130 Prohibited Activity. No outdoor maintenance, repair, or painting of materials and vehicles stored outdoors shall be allowed. 18.38.210 PORTABLE FOOD CARTS. Anaheim Zoning Code Supplemental Use Regulations Portable food carts used for commercial purposes shall comply with the provisions of this section. .010 The food carts can only be used as an accessory use to a home - improvement store or hospital that is larger than one hundred thousand (100,000) square feet. .020 A maximum of two (2) food carts are allowed per business. .030 The food carts shall not be visible from any public right -of -way. .040 The food carts shall not occupy a required parking space and shall not be located in vehicular or pedestrian accessways. 18.38.220 RESTAURANTS — OUTDOOR SEATING AND DINING. Outdoor seating and dining shall be permitted as an accessory use to a restaurant in all zones where restaurants are permitted or conditionally permitted. .010 Outdoor Seating. Outdoor seating as defined in Chapter 18.92 (Definitions) shall comply with all the following provisions and plans shall be submitted to the Planning Department for review and approval showing compliance with this section: .0101 Furnishings may include tables, chairs, decorative benches and umbrellas. .0102 Furnishings shall not exceed one (1) table and two (2) seats for every five (5) lineal feet of building or unit frontage, up to a cumulative maximum of five (5) tables and ten (10) seats. .0103 Furnishings shall not be placed on or allowed to hangover any public right -of -way, required pedestrian accessway, required setback or parking area. .0104 A minimum six (6) foot wide pedestrian walkway shall be maintained to provide unobstructed pedestrian access on the sidewalk. .0105 All required emergency access /exits or fire lanes shall be provided and maintained as required by the Anaheim Fire Department. .0106 An outdoor seating area provided in compliance with the provisions of this section shall not be included in the gross floor area of a restaurant to determine its parking requirements. .0107 Portable or non -fixed furnishings shall not beset up outside the restaurant more than one -half (0.5) hour prior to the opening of business and shall be removed no later than one -half (0.5) hour after closing. Permanent or fixed furnishings may remain overnight. .0108 Furnishings shall not contain advertising or depict any product or product name, logo, trademark, or similar identification or advertising display. The design, color and material of the furnishings shall be compatible with the building. .0109 At least one (1) trash receptacle shall be provided. The design, color and material of the receptacle(s) shall be compatible with the building. .0110 The restaurant manager or business owner shall be responsible for the removal of all trash and debris or spilled food or beverage items, and shall maintain the outdoor seating area and its adjacent area in a clean, sanitary and trash -free manner. 38 -29 Anaheim Zoning Code Supplemental Use Regulations .020 Outdoor Dining. Outdoor dining as defined in Chapter 18.92 (Definitions) shall comply with the following: .0201 The outdoor dining area shall be immediately adjacent to, and take primary access from, the restaurant. .0202 The outdoor dining area shall not encroach into any public right -of -way or any required setback, yard, landscaping or parking area. .0203 The outdoor dining area shall be used exclusively for the seating and consumption of meals and/or beverages by patrons of the restaurant. .0204 The outdoor dining area shall be entirely enclosed by landscape planters, fencing or other decorative barriers that physically separate the outdoor dining area from other open or public areas. .0205 The outdoor dining area shall not exceed thirty percent (30 %) of the gross floor area of the enclosed restaurant and shall be included in the gross floor area of a restaurant to determine parking requirements. .0206 A Conditional Use Permit shall be required for the sale of any beer, wine, or other alcoholic beverages to be consumed, or any outdoor entertainment provided, in an outdoor dining area. 18.38.230 SECOND UNITS. .010 Intent. The City recognizes the importance of livable housing and an attractive, suitable living environment for all residents. The State Legislature has declared that second units are a valuable form of housing in California. It is the intent of the City to permit second residential units, in conformance with State law, in all those areas and subject to standards that will ensure the units contribute to a suitable living environment for people of all ages and economic levels, while preserving the integrity and character of single- family residential neighborhoods. It is not the intent of this section to override lawful use restrictions as may be set forth in Conditions, Covenants and Restrictions or similar instruments. .020 Definitions. For purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein: .0201 `Attached second unit' means a second unit attached to and located within the living area of the main dwelling unit, having at least one (1) common wall and a common roof with the main dwelling unit, and located on the same lot. .0202 `Detached second unit' means a second unit detached from the main dwelling unit and located on the same lot .0203 `Efficiency unit' means a second unit with a minimum size of four hundred (400) square feet containing only one (1) habitable room. .0204 `Habitable' means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility space, and similar areas, are not considered habitable space. .0205 `Second unit' means an attached or detached residential dwelling unit on a lot zoned for residential use which provides complete independent living accommodations and facilities for one (1) or more persons which includes permanent provisions for living, 38 -30 Anaheim Zoning Code Supplemental Use Regulations sleeping, eating, cooking, and sanitation, on the same parcel as a legally established single - family dwelling. .030 Density Provisions. A second unit that conforms to the requirements of this section shall not be considered to exceed the allowable density for the lot upon which such unit is proposed to be established and shall be deemed to be an accessory single - family residential use which is consistent with the existing general plan and zoning designations for the lot. .040 Number of Units Per Parcel. No more than one (1) second unit shall be allowed on a single lot. .050 Existing Lot and Uses. A second unit shall be allowed if the existing lot and dwelling meet the following requirements: .0501 The lot on which the second unit is proposed to be established shall contain one existing permanent single - family dwelling and no existing Accessory Living Quarters as defined in Section 18.38.020, senior second unit (granny unit), guest house, servant's quarters or similar facility, unless the proposal includes demolition or modification of such facility so as to comply with the provisions of this section. 0502 The second unit is allowed in the zone in which it is proposed; .0503 The existing lot is a minimum of five thousand (5,000) square feet, except as may be provided in subsection .170 (Approval) of this Section 18.38.230; .0504 The existing residential use complies, or as proposed, will comply with current parking requirements; and .0505 If the existing main dwelling unit and any associated accessory structures comply with current zoning requirement, unless otherwise legally established, a second unit may be permitted, provided the second unit complies with the requirements of this section. .060 Prohibited Locations. Second units are not permitted in any area of the City identified by resolution of the Planning Commission and/or City Council as being significantly impacted by insufficient capacity for sewers, traffic circulation, parking, public utilities, or similar infrastructure needs. .070 Development Standards. The following development standards shall apply to second units: .0701 Facilities. The second unit shall have a separate entrance and shall contain kitchen and bathroom facilities separate from those of the main dwelling unit. .0702 Utility Services. The second unit may be metered separately from the main dwelling unit for gas, electricity, communications, water, and sewer services. .0703 Size. The size of the second unit shall comply with the following requirements: .01 The minimum total floor area shall be four hundred (400) square feet for an efficiency unit, and five hundred and fifty (550) square feet for a one - bedroom or two- bedroom unit. 02 The maximum total floor area shall be as follows: 38 -31 Anaheim Zoning Code Supplemental Use Regulations (a) Attached second units shall not exceed thirty percent (30 %) of the main dwelling unit living area, provided that if the main dwelling unit is one thousand three hundred thirty four (1,334) square feet or less in size, one (1) four hundred (400) square foot efficiency unit shall be permitted. (b) Detached second units shall not exceed fifty percent (50 %) of the existing main dwelling unit living area or one thousand two hundred (1,200) square feet, whichever is less. .0704 The second unit shall contain no more than two (2) bedrooms. .0705 A second unit shall conform to the development standards for the underlying zone, including, but not limited to, standards for front, rear and side setbacks, height and parcel coverage. Additionally, a detached second unit shall have a minimum separation of ten (10) feet between the main dwelling unit and the detached second unit. .080 Design. A second unit shall conform to the following design standards: .0801 Exterior stairs shall not be visible from any public right -of -way, excluding alleys; .0802 The design, color, material, and texture of the roof shall be substantially the same as the main dwelling unit; .0803 The color, material and texture of all building walls shall be similar to and compatible with the main dwelling unit; and .0804 The architectural style of the second unit shall be the same or similar to the main dwelling unit, or, if no architectural style can be identified, the design of the second unit shall be architecturally compatible with the main dwelling unit, and shall maintain the scale and appearance of a single- family dwelling. .090 Vehicular Access. The second unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the second unit has access from a public alley contiguous to the lot or is located on a corner lot for which secondary access is permitted for parking outside the street side setback. .100 Parking. Parking for the second unit shall be provided as follows in addition to the parking required for the main dwelling unit and in accordance with Chapter 18.06 of the Municipal Code: .1001 One (1) off -street space shall be provided for an efficiency unit or one - bedroom second unit; and 1002 Two (2) off -street spaces shall be provided for a two - bedroom second unit. .1003 If the parking for the second unit is provided in a garage which also provides parking for the main dwelling unit, the space(s) shall be for the exclusive use of the second unit. The space(s) shall be separated from any garage spaces for the main dwelling unit by a wall or other permanent barrier and shall have a separate or independent garage door. 110 Historic Buildings. 38 -32 Anaheim Zoning Code Supplemental Use Regulations .1101 A second unit proposed for any lot that includes a building listed in the California Register of Historic Places shall conform to the requirements for the historic structure. .1102 A second unit proposed for any lot that includes a building listed in the California Register of Historic Places, or identified as a "Contributor" in the Anaheim Colony Historic District Preservation Plan and other historic preservation plans as may be approved by the City Council are encouraged to comply with the design guidelines of such plan. .1103 Notwithstanding the foregoing, if the City Council acts to establish mandatory design standards for Contributor buildings pursuant to a historic preservation plan, the second unit shall conform to the mandatory standards. .120 Code Compliance. The second unit shall be constructed in accordance with provisions of the latest edition of building and other codes adopted by the City. 130 Ownership and Occupancy. .1301 Owner Occupancy Required. One of the residential dwellings on a lot on which the second unit is proposed to be established shall be occupied as the primary residence of the owner of the lot and shall not be rented or leased as long as the second unit exists. If, thereafter, the owner occupies neither unit, the second unit shall automatically become a non- habitable space, shall not be used as a dwelling unit, and shall not be rented. .1302 Rental Occupancy. The residential unit that is not occupied by the owner of the property in conformance with this subsection may be rented. 1303 Sale or ownership of a second unit separate from the main dwelling unit is prohibited. .140 Deed Restrictions. Prior to issuance of a building permit for a second unit, the property owner shall provide written proof to the Planning Department that a covenant (including agreement and consent from any lender whose interest is secured by the property) setting forth the following requirements, in a form satisfactory to the Planning Department and City Attorney's Office, has been recorded in the office of the Orange County Recorder: 1401 A reference to the deed under which the property was acquired by the owner; .1402 The second unit shall not be sold or owned separately, and the parcel upon which the unit is located shall not be subdivided in any manner that would authorize such sale or ownership; .1403 The second unit shall be a legal unit, and may be used as habitable space, only so long as either the main dwelling unit, or the second unit, is occupied by the owner of record of the property; and 1404 The restrictions shall be binding upon any successor in ownership of the property. .150 Existing Nonconforming Units. Second units that exist as of the effective date of this section that have previously been legally established may continue to operate as legal nonconforming second units. Any second unit that exists as of the effective date of this section and has not previously been legally established is considered an unlawful use unless the Planning Director determines that the unit meets the provisions of this section. 38 -33 Anaheim Zoning Code Supplemental Use Regulations .160 Conversion of Legally Established Structures to Second Units. The conversion of legally established structures that exist as of the effective date of this section shall comply with the following requirements: .1601 Conversion of an existing legal "granny unit" into a second unit shall require that the unit meet the provisions of this Code. Any legally established waivers or nonconformity that exist on the effective date of this section may continue, provided that in no manner shall such waiver or non - conformity be expanded. .1602 Legal non - conformities of the existing main dwelling unit, except for parking standards relating to number and type of parking spaces as specified in Section 18.06.050.011, shall be allowed to remain, provided the structure is not altered to accommodate the second unit in a manner which expands a non - conformity. .1603 The conversion of an attic, basement, garage or any other part of a single - family dwelling which was not previously legally established for habitable space shall comply with the provisions of this section and the underlying zone. .1604 Any conversion of structures not previously legally established for habitable space constructed pursuant to approved variances from Code requirements pertaining to height, setback and lot coverage, shall comply with the provisions of this section. .170 Approval. The application for a second unit shall be reviewed by the Planning Director for compliance with the provisions of this section. If the Planning Director determines that the application and evidence submitted show that the second unit will comply with the requirements of this Section 18.38.230, the application shall be approved; otherwise the application shall be denied. Notwithstanding the foregoing, a unit on a lot which is less than five thousand (5,000) square feet that otherwise meets the requirements of this section shall be approved. Notwithstanding any other provision of this Code to the contrary, no waiver of or variance from any requirement of this Section 18.38.230 shall be approved nor shall any application for such a waiver or variance be accepted for processing. .180 Interpretation by Planning Commission. If a question arises relating to interpretation or applicability of a provision of this section, the matter shall be considered by the Planning Commission as a "Reports and Recommendations" Item, and determined by resolution. 18.38.240 SPECIAL EVENTS. No person, business, or organization shall conduct a special event or display temporary signs associated with a special event without having first applied for and obtained a special event permit pursuant to Section 18.62.050 (Special Event Permits) in Chapter 18.62 (Administrative Reviews), except that a special event permit is not required for commercial carnivals or for private occasional parties that are not open to the public. .010 General. A special event is only allowed as a promotional event for the business located on the same property or as a fundraiser for a school or other charitable non -profit organization. .020 Location. Special events, including the temporary display of signs, flags, banners and/or fixed balloons, for commercial or advertising purposes, may be allowed, subject to a special event permit, in the following zones: 38 -34 Anaheim Zoning Code Supplemental Use Regulations .0201 Any commercial zone; .0202 The T zone, provided the property is adjacent to an arterial highway as indicated on the Circulation Element of the General Plan, but excluding properties developed with residential uses; .0203 Any zone, in conjunction with any use for which a conditional use permit has been issued authorizing a use which is permitted as a matter of right in any commercial zone; .0204 Any zone, at public or private elementary, junior high or senior high schools, churches or other religious institutions; and .0205 Any residential zone, in conjunction with the sale, rent, or lease of new residential units, in compliance with the provisions of subsection 080. .0206 Any tile sales facilities with frontage on State College Boulevard in the "F' zone as described in subsection 18.38.250.010 of this chapter. Special events are limited to the display of banners and balloons only. .030 Regulations for Conduct of a Special Event. .0301 Unless otherwise expressly permitted by this Code, no permit shall be issued for a period in excess of nine (9) consecutive calendar days. .0302 No business or organization shall be issued more than four (4) special event permits during any calendar year. .0303 No structure or amusement device or any fixed balloon shall exceed fifty (50) feet in height as measured from finished grade. .0304 No wild or ferocious animals shall be displayed. .0305 If use of a parking area is intended, a site plan shall be submitted to the City Traffic and Transportation Manager to determine that any use of the parking area serving the principal land use is not reduced below the parking reasonably required for such principal land use. The site plan shall indicate the area proposed for the special event, including any area for installation or storage of all equipment. An approved site plan shall be submitted to the Planning Department. .0306 Prior to erection of any structures, including tents and structures for amusement devices and rides, approval must be obtained from various City departments and divisions including, but not limited to, the Building Division, the Fire Department, and the Electrical Engineering Division. All applicable regulations shall be complied with. Rides, amusement devices or concessions shall not be put into operation until approved by the Fire Department and the Electrical Engineering Division. .0307 Temporary living quarters to provide security for the special event, such as trailers, vans, or motorhomes may be permitted on the premises solely at the discretion of the Planning Director, and shall be subject to inspection and approval of the Fire Department and the Electrical Engineering Division to assure compliance with requirements of all related codes. .0308 The conduct of any special event (other than the display of temporary signs, flags, banners and fixed balloons) shall be confined to the hours when the business 38 -35 Anaheim Zoning Code Supplemental Use Regulations establishment or shopping center is normally open for business, and in no event shall the special event be operated before 7:00 A.M. or after 10:00 P.M. .0309 Metallic balloons, household linens utilized as banners, and roof - mounted banners and roof - mounted balloons and inflatables are prohibited. .0310 Live or amplified music shall comply with Anaheim Municipal Code Chapter 6.70 (Sound Pressure Levels). .1311 Banners shall not be displayed in required setback areas and shall be removed prior to deterioration. .040 Seasonal Event Signs. Seasonal event signs, which include holiday decoration and displays as part of the announcement of a seasonal promotional event, may be allowed, subject to a special event permit. Such signs shall be limited to one (1) sign for such uses as Christmas tree lots, pumpkin sales, carnival parades and charitable events, provided the signs are in conjunction with a special event permit for the temporary use. Such signs shall be limited to thirty (30) days per event from the date of erection or date of permit, whichever occurs first. Seasonal event signs shall not include promotional sales signs. Seasonal event signs are not allowed in residential zones. .050 Grand Opening Banners. Grand opening banners for new businesses may be allowed, subject to a special event permit. These banners may be displayed for the first thirty (30) days in connection with a new structure or operation of a new business. Not more than one (1) banner is allowed per street frontage or one (1) per elevation, limited to a maximum of two (2) on the property. A grand opening does not count toward the annual limit of special sales events in Subsection .0308 above. .060 Promotional Banners. Promotional banners advertising sales and promotions may be allowed, subject to a special event permit. .070 Seasonal Banners. Seasonal pageantry banners with no advertising may be allowed, subject to a special event permit, provided they are mounted on light poles within shopping centers that have a minimum of one thousand (1,000) parking spaces, or two hundred thousand (200,000) square feet of business space. The banners shall be mounted in a vertical alignment with an area no greater than six (6) square feet, with no more than one banner per pole, except that two (2) banners may be on one pole if their total area is not greater than (6) square feet. Seasonal banner displays shall be limited to fourteen (14) days maximum at any one time, and no more than four (4) times per year. Banners may include decorative designs and or the name of the commercial center, but shall not include the name of any individual business or product. .080 Service -Bay Banners. Banners across service bays in auto repair facilities, service stations, and similar uses require a special event permit if visible to the public right -of -way. .090 Public Construction Project Banners. A banner may be allowed, subject to a special event permit, for a commercial retail business in any zone where the applicant for such permit can demonstrate that a public road or utility construction project has had the effect of blocking visibility to permanent signage identifying the business and /or vehicular access to said business. Approval of the permit shall be subject to the following provisions: .0901 The permit shall be limited to one (1) banner, not to exceed twenty -four (24) square feet in area; 38 -36 Anaheim Zoning Code Supplemental Use Regulations .0902 The banner shall advertise only the name of the business and, if the public project has blocked vehicular access, directions for access to the business; .0903 The banner shall be removed upon removal of barriers blocking visibility and/or vehicular access; and .0904 Only one (1) Special Event Permit is required for the duration of the construction project. .100 Flags or Banners in Residential Zones. The temporary display of flags and banners in all residential zones may be allowed, subject to a special event permit, provided such display shall be limited to advertising the sale of residential units in new subdivisions and the initial rent or lease of apartment units. The display shall be subject to the following provisions. .1001 No more than two (2) flags or banners, or combination thereof, shall be permitted for each model home or apartment in any new residential subdivision, new apartment or new condominium project; provided, however, that not more than ten (10) total flags or banners, or combination thereof, shall be permitted or displayed for any such project or development. .1002 No flag or banner shall exceed twelve (12) square feet in area or six (6) feet in any one dimension. .1003 All flags and banners shall be placed on ground - mounted poles not exceeding twenty (20) feet in height or, if attached to a building, shall not exceed the height of the highest portion of that building. Flags and banners shall not be placed on the roof. .1004 All permits issued pursuant to this subsection shall terminate six (6) months after the date of issuance. A total of four (4) permits may be granted to advertise new for -sale residential tracts and new condominium complexes; and a total of one (1) permit may be granted to advertise new rental apartment complexes unless an extension thereof is granted by the Zoning Administrator upon a showing of special circumstances applicable to the project, as authorized by Section 18.62.050 (Special Event Permits). All flags and banners shall be removed from the premises once all for -sale units have been sold, regardless of the time remaining on the permit. 110 Non - Commercial Decorations or Flags. .1101 Nothing in this section shall be construed to prohibit traditional non- commercial holiday decorations and any other national holiday, provided the decorations do not contain advertising and comply with all applicable City Fire Codes. .1102 Nothing contained in this section shall be construed to prohibit the display of the flag of the United States, State of California or its political subdivisions, or any flag or banner of any bona fide religious or fraternal organization; provided, however, that no more than three such flags or banners shall be displayed at the same time at any single location within the City. .120 Flag and Banner Maintenance. All flags and banners shall at all times be maintained in good and attractive condition. 38 -37 Anaheim Zoning Code 18.38.250 TILE SALES. Supplemental Use Regulations The provisions of this section apply to accessory uses classified as Tile Sales in Chapter 18.36 (Types of Uses). .010 Locations Allowed. The retail sale of tile, floor coverings, wall coverings and window coverings where such sales are clearly incidental to the warehousing and/or wholesale distribution of these products is allowed on those parcels having frontage on either the west side of State College Boulevard between Ball Road and Wright Circle or the east side of State College Boulevard between Ball Road and the Atchison Topeka Santa Fe Railway right -of -way, the right -of -way being located approximately nine hundred (900) feet north of the centerline of Katella Avenue. .020 Parking. The number of off -street parking spaces shall be not less than the sum total of the requirements for each individual type of use including showroom area; provided, however, that a variance may be processed pursuant to Chapter 18.74 (Variances). Item No. 4 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. 4 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. 4 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. 1A y �3 S -61- 2\ 0 �2 \ \1 m \ ST q \q�F Conditional Use Permit No. 2001 -04347 Subject Property TRACKING NO. CUP2005 -05009 Date: August 8, 2005 Scale: 1"=200' Requested By: RICHARD JOHNSON Q.S. No. 132 CUP2005 -05009 - REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON JUNE 19, 2003 TO EXPIRE JUNE 19, 2005) TO RETAIN A COOPERATIVE ART MUSEUM, GALLERY AND MEETING HALL. 2861 East White Star Avenue - Unit D 1p -581 68 -10 -51 D 1928 .Ao * , �m w , .. r P IMP Date of Aerial Photo: May 2002 Conditional Use Permit No. 2001 -04347 Subject Property TRACKING NO. CUP2005 -05009 Date: August 8, 2005 Scale: 1"=200' Requested By: RICHARD JOHNSON Q.S. No. 132 CUP2005 -05009 - REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON JUNE 19, 2003 TO EXPIRE JUNE 19, 2005) TO RETAIN A COOPERATIVE ART MUSEUM, GALLERY AND MEETING HALL. 2861 East White Star Avenue - Unit D 1928 Staff Report to the Planning Commission August 8, 2005 Item No. 5 5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion) 5b. CONDITIONAL USE PERMIT NO. 2001 -04347 (Resolution) (Tracking No. CUP2005- 05009) SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 2.1 -acre property is located at the northeast corner of Blue Gum Street and White Star Avenue, having frontages of 296 feet on the east side of Blue Gum Street and 370 feet on the north side of White Star Avenue (2861 East White Star Avenue - Unit D) 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 August 11, 2003 to expire June 19, 2005) to retain a cooperative arts museum, gallery and meeting hall under authority of Code Section 18.120.050.050.0530. BACKGROUND: (3) This property is developed with a 3- building, 23 -unit industrial complex. The property is zoned SP94 -1 (DA1) (Northeast Area Specific plan, Development Area 1 — Industrial Area) and is also located in the Alpha Northeast Redevelopment Project of the Merged Anaheim Redevelopment Area. The General Plan Land Use Element Map designates this, and surrounding properties, for General Industrial land uses. (4) Conditional Use Permit No2001 -04347 (to permit a cooperative arts museum, gallery and meeting hall with waiver of minimum number of a parking spaces L spaces proposed; 74 spaces required]) was approved by the City council on June 19, 2001, following denial by the Planning Commission on May 7, 2001. On August 11, 2003, the Commission reinstated this permit to expire on June 19, 2005. Resolution No. PC2003 -120 adopted on conjunction with the reinstatement contains the following condition of approval: "1. That this Conditional Use Permit shall expire in two (2) years on June 19, 2005" DISCUSSION (5) Mr. Stephen Wong, partner of White Star Business Park, has submitted a letter of request to retain the cooperative arts museum, gallery and meeting hall for a period of five (5) years. (6) To demonstrate that the findings required for reinstatement of this use permit have been satisfied, the applicant has submitted the attached Justification for Reinstatement. The applicant has indicated that the physical aspects of the property remain the same, the permit is being exercised substantially in the same manner and in conformance with all conditions of approval and that the operation of is being exercised in a manner not detrimental to the particular area and surrounding land uses. (7) The Community Preservation Division has submitted the attached memorandum dated, July 14, 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 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. Srcup2005- 05009.dm Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 5 (8) Staff has inspected the property and found it to be well maintained and that the use does not appear to be operating in a manner detrimental to the surrounding neighborhood. Staff is supportive of the use, since it has not visibly caused a disturbance to the surrounding properties and has operated in compliance with all conditions of approval; however, staff is concerned with the long -term continuation of this use within an industrial community. Adjacent uses include cabinetry and machinery shops, water treatment, metal fabrication, CVT and Anaheim Disposal recycling facilities. Staff recommends approval of this request to retain the cooperative arts museum, gallery and meeting hall for a period of five (5) years to expire June 19, 2010 (retroactive date to coincide with original City Council approval). (9) This property is located in the Alpha Northeast Redevelopment Project Area. The Commission should note that the Community Development Department concurs with staffs recommendation to reinstate this permit for a period of five years. ENVIRONMENTAL IMPACT ANALYSIS: (10) Staff has reviewed the proposal to retain a cooperative arts museum, gallery and meeting hall and the Initial Study (a copy of which is available for review in the Planning Department) and finds no significant environmental impact resulting from reinstating the existing arts facility and, therefore, recommends that the previously approved Negative Declaration in connection with Conditional Use Permit No. 2001 -04347 serve as the required environmental documentation for his request upon a finding by the Planning 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- FINDINGS (11) 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 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. (12) Section 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement shall be granted only upon the applicant presenting evidence to establish the following findings: Page 2 Staff Report to the Planning Commission August 8, 2005 Item No. 5 (a) The facts necessary to support each and every required showing 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 public peace, health, safety and general welfare; 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 changes circumstances, the use is consistent with the City's long -term plans for the area- RECOMMENDATION (13) 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 approve the applicant's request for reinstatement for a period of five (5) years to expire June 19, 2010, by adopting the attached resolution including the findings contained therein. Page 3 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001 - 04347, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2003 -120, ADOPTED THEREWITH (2861 EAST WHITE STAR AVENUE — UNIT D) WHEREAS, on August 11, 2003 the Anaheim Planning Commission, by Resolution No. PC2003 -120 approved Conditional Use Permit No. 2001 -04347 to retain an cooperative arts museum, gallery and meeting hall at 2821 East White Star Avenue, Unit D, with waiver of minimum number of parking spaces (74 spaces required, 68 spaces proposed); and WHEREAS, said Resolution No. PC2003 -120 includes the following condition of approval: 11 1. That this Conditional Use Permit shall expire in two (2) years on June 19, 2005" WHEREAS, this property is currently developed with an industrial complex containing 23 units in three buildings, the underlying zoning is Development Area 1 (Industrial Area) of the Northeast Area Specific Plan No. SP94 -1; that the Anaheim General Plan designates this property for Industrial land uses; and this property is located within the Alpha Northeast Redevelopment Project of the Merged Anaheim Redevelopment Area; and WHEREAS, the petitioner has requested reinstatement of this conditional use permit to retain a cooperative arts museum, gallery and meeting hall with waiver of minimum number of parking spaces 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 August 8, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed 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 cooperative arts museum, gallery and meeting hall is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the request to retain a cooperative arts museum, gallery and meeting hall will 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 for the cooperative arts museum, gallery and meeting hall is adequate to allow full development of the use in a manner not detrimental to the particular area nor to the health and safety. 4. That the facts necessary to support each and every required showing for the original approval of the entitlement exist; and that an inspection conducted by the Community Preservation Division of the Planning Department revealed that the use is operating in compliance with the conditions of approval imposed on the original permit. 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 peace, health, safety and general welfare. 6. That * * ** indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CR \PC2005 -0 -1- PC2005- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (approved on August 11, 2003 to expire on June 19, 2005) to retain a cooperative arts museum, gallery and meeting hall; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2001 -04347 is adequate to serve as the required environmental documentation in connection with this request upon finding that the declaration reflects the independent judgment of the lead agency and that it has considered the Negative Declaration together with any comments received during the public review process and further finding on the basis of the initial study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby approve the reinstatement of this permit; and further, incorporates the conditions of approval contained in Resolution No PC2003 -120 into a new resolution with the following conditions of approval: 1. That this Conditional Use Permit shall expire in five (5) years on June 19, 2010. 2. That the facility shall be used and operated in compliance with "A3" Uniform Building Code occupancy requirements. 3. That trash storage areas shall be maintained in compliance with approved plans on file with the Public Works Department. 4. That no outdoor events (including car shows, concerts, barbeques, live art performance, etc.) shall be permitted. All business shall be conducted wholly inside the existing building. 5. That the maximum occupancy of this facility shall be fifty (50) persons. 6. That no Special Event Permits for outdoor events or temporary advertising shall be permitted at this location. 7. That signs shall be limited to the one (1) existing wall sign identifying the name of the facility and suite number, in conformance with Code requirements. 8. That the petitioner shall obtain an Entertainment Permit for any live art performances. 9. That the hours of operation shall be limited to 6 p.m. to 1 a.m., daily. 10. That the sale, dispensing and /or consumption of alcohol beverages shall not be permitted on the premises; except for a maximum of five (5) special events per calendar year and provided that any necessary permits and /or licenses are obtained from the Department of Alcoholic Beverage Control for such events. 11. That no food that is cooked, heated, reheated, assembled or altered on -site shall be permitted without the prior application for, and approval of, a Conditional Use Permit for a restaurant. 12. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty four (24) hours from the time of occurrence. 13. That a licensed uniformed security guard, approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security and to discourage vandalism, trespass, and /or loitering upon or adjacent to the subject property. Said security guard shall be provided at events and shall remain on duty as determined to be appropriate by the Police Department. 14. That no required parking areas shall be fenced or otherwise enclosed for storage or other outdoor use- -2- PC2005- 15. That the business shall be equipped with an alarm system either silent or audible. 16. That a comprehensive security alarm system shall be provided for the perimeter building including access route protection and high values storage areas. 17. That subject property shall be development substantially in accordance with plans and specification 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. 18. That the 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 requirements. 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. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 8, 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_\1Ix.9i 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 August 8, 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- A PETITIONER'S STATEMENT Attachment -Item No. 5 JUSTIFICATION FOR REINSTATEMENT Section 18.60.180 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 filing 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 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); .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. 18.74.060 (Relative to Variances) Before any variance may be granted by the approval authority, or City Council on appeal, it shall be shown: .020.1 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 zoning 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 space is needed. Has any physical aspect of the property for which this use permit or variance been granted changed significantly si m the issuance of this use permit or variance? Yes ❑ No Explain: PQ (over) CASE NO. CUP NO. 2001 -04i47 a CITY OF ANAHEIM • • ° P Planning Department Planning Services Division 200 S. Anaheim Blvd., Anaheim, CA 92805 Phone: (714) 765 -5139 Fax: (714) 765 -5280 REQUEST FOR REINSTATEMENT www.anaheim.net 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 filing fee. Upon application for an extension, the expiration of the permit shall be stayed until a formal action has been taken on the extension request, but in no event for more than one (1) year. The required findings for the granting of the request are listed in A.M.C. Section 18.60.180.030. SUBMITTAL REQUIREMENTS: Depositor's Trust Fund (D.T.F.) Deposit of $1,800 and completed D.T.F. form (attached). In accordance with City Council Resolution 2004R -134, a Minimum Initial Deposit is collected for development projects and placed in a D.T.F. As City staff processes the request, hours will be charged to the deposit ($127.44/hour). If the deposit amount is reduced below the Minimum Balance ($500), the City will issue an invoice to the applicant of the additional amount required to be deposited to continue processing this request. If the Additional Deposit is not received by the City within seven (7) working days after the invoice due date, all development project processing activities will be terminated until payment is received. Orange County Administrative Filing Fee: This fee is required by the State of California and ill be transmitted to the Orange County Clerk upon completion of the appeal period or after an affirmative decision is made for items set for a City Council hearing. This fee is required �r all EIR and Negative Declarations including new and previously- approved determinations. b' Justification for Reinstatement (attached). This form must be filled out completely with planations. A letter of request from the property owner or authorized representative stating the title of the author and indicating the time of extension requested or requesting a deletion of a time restriction. completed Environmental Information Form (attached). Labeled photographs of the subject property and surrounding properties (from all directions). �Q Two (2) sets for Zoning Administrator review OR 0 eight (8) sets for Planning Commission I d w' Color copies of the photographs are acceptable. statements that contain a condition of approval limiting the gross sales of alcohol /beer wine must submit (at time of filing) an accountant's statement or other verifiable documentation that said condition is being complied with. Note: The decision on a reinstatement may be appealed to the appropriate appeal authority, in accordance with the appeal procedure in A.M.C. Section 18.60.130. 2. Have the lad uses in the immediate vicinity changed since the issuancethis use permit or variance? Yes E] Noy] Explain: 666 " 3. Has any asppct of the nature of the operation changed since the issuance of this use permit or variance? Yes ❑ No 4. Are the coons of approval pertaining to the use permit or variance being complied with? Yes❑ No Exnlain. 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? Yes[] No Explain: The applicant for this request is: ❑ Property Owner Authorized Agent T '4 4 1mt_ ki( -W rA NEXT M ZING AUG S 2005 CITY" PLANNING COMMIS Reinstatement applicatlon.doc Revised 9/13/04 Name of Property Owner or or Lt A so„ � Signature of Owner or Authorized Agent 0 - e /yzf os Date CUP NO. 2001 -04;47 0 0 White Star Business Park 1020 N. Batavia Street, Suite B Orange, California 92867 -5529 (714) 997 -7956 fax (714)997 -4930 June 16, 2005 City of Anaheim 200 South Anaheim Boulevard PO Box 3222 Anaheim, CA 92803 RE: Reinstatement of CUP permit #2001 -04347 Dear Ms. Vanessa Norwood, As the property owner of the White Star Business Park I favor a five year extension of CUP #2001 -04347 and not a deletion of the time restriction. Thank you for your assistance in this matter. Yours truly, WHITE STAR BUSINESS PARK Stephen B. Wong General Partner CUP N0. 2001 -04347 MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: JULY 14, 2005 TO: DELLA HERRICK, PLANNER FROM: DON YOURSTONE, SENIOR COMMUNITY PRESERVATION OFFICER SUBJECT: ART MUSEUM, 2821 E. WHITE STAR AVE. REINSTATE OF CONDITIONAL USE PERMIT # 2001 -04347 This memo is written in response to your request for information regarding the Art Museum located at 2821 E. White Star Ave. Community Preservation records indicate for the past year no citizens request for service have been received regarding the operation of this business. On July 13, 2005, I conducted an inspection at the Art Museum and found the business was open and operating within the conditions of approval for Conditional Use Permit # 2001- 04347. If you need further information regarding this matter, please feel free to contact me at ext. 4451. Attachment -Item No. 5 RESOLUTION NO. PC2003 -120 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION ' REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 2001 - 04347, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 2001 -166, ADOPTED THEREWITH WHEREAS, on June 19, 2001, the Anaheim City Council did, by its Resolution No. 2001 -166, grant Conditional Use Permit No. 2001 -04347 to permit a cooperative arts museum, gallery and meeting hall at 2821 East White Star Avenue, Unit D, with waiver of minimum number of parking spaces (74 spaces required, 68 spaces proposed); and WHEREAS, said Resolution includes the following condition of approval: "3. That this permit shall expire two (2) years from the date of this Resolution on June 19, 2003, and any and all uses authorized hereunder shall be terminated on or before said date." WHEREAS, this property is developed with an industrial complex containing 23 units in three buildings, including the subject use; that the zoning is Development Area 1 (Industrial Area) of the Northeast Area Specific Plan No. SP94 -1; that the Anaheim General Plan designates the property for General Industrial land uses; and that the property is located within the Alpha Northeast Redevelopment Project Area; and WHEREAS, the petitioner has requested reinstatement of this Conditional Use Permit to retain the cooperative arts museum, gallery and meeting hall with waiver of minimum number of parking spaces pursuant to Code Section 18.03.093 of the Anaheim Municipal Code; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on August 11, 2003, 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 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 use, as proposed to be reinstated, is properly one for which a conditional use permit is authorized by the Zoning Code. 2. That the use, as reinstated and amended, will 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 for the use, as reinstated and amended, 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 use, as reinstated and amended, will not impose an undue burden upon the streets and highways designed and improved to carry traffic in the area. 5. That granting this reinstatement, under the conditions imposed, will not be detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim. Tracking No. CUP2003 -04732 cr \PC2003- 120.doc -1- PC2003 -120 0 0 6. 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 City Council; and that inspection of the premises by the Code Enforcement Division has determined that the facility is in compliance with all applicable conditions of approval. 7. 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 peace, health, safety and general welfare, as evidenced by the absence of Code Enforcement Division complaints regarding the use. 8. 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 retain a cooperative arts museum, gallery and meeting hall on property consisting of 2.1 acres located at the northeast corner of White Star Avenue and Blue Gum Street, having frontages of 370 feet on the north side of White Star Avenue and 296 feet on the east side of Blue Gum Street, and being further described as 2861 East White Star Avenue, Unit D; and does hereby find that the Negative Declaration previously approved in connection with Conditional Use Permit No. 2001 -04347 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 City Planning Commission does hereby reinstate and approve Conditional Use Permit No. 2001 -04347 to permit a cooperative arts museum, gallery and meeting hall at 2821 East White Star Avenue, Unit D, with waiver of minimum number of parking spaces (74 spaces required, 68 spaces proposed); and BE IT FURTHER RESOLVED that the conditions of approval of Resolution No. 2001 -166, adopted in connection with Conditional Use Permit No. 2001- 04347, are hereby amended in their entirety to read as follows: 1. That this Conditional Use Permit shall expire in two (2) years on June 19, 2005. 2. That the facility shall be used and operated in compliance with "AY Uniform Building Code occupancy requirements. 3. That trash storage areas shall be maintained in compliance with approved plans on file with the Public Works Department. 4. That no outdoor events (including car shows, concerts, barbeques, live art performances, etc.) shall be permitted. All business shall be conducted wholly inside the existing building. 5. That the maximum occupancy of this facility shall be fifty (50) persons. 6. That no Special Event Permits for outdoor events or temporary advertising shall be permitted, at this location. 7. That signs shall be limited to the one (1) existing wall sign identifying the name of the facility and suite number, in conformance with Code requirements. 8. That the petitioner shall obtain an Entertainment Permit for any live art performances. 9. That the hours of operation shall be limited to 6 p.m. to 1 a.m., daily. -2- PC2003 -120 0 0 10. That the sale, dispensing and /or consumption of alcohol beverages shall not be permitted on the premises; except for a maximum of five (5) special events per calendar year and provided that any necessary permits and /or licenses are obtained from the Department of Alcoholic Beverage Control for such events. I 11. That no food that is cooked, heated, reheated, assembled or altered on -site shall be permitted without the prior application for, and approval of, a Conditional Use Permit for a restaurant. 12. That the property shall be permanently maintained in an orderly fashion through the provision of regular landscape maintenance, removal of trash and debris, and removal of graffiti within twenty four',(24) hours from the time of occurrence. 13. That a licensed uniformed security guard, approved by the Anaheim Police Department, shall be provided on the premises specifically to provide security and to discourage vandalism, trespass, and /or loitering upon or adjacent to the subject property. Said security guard shall be provided at events and shall remain on duty as determined to be appropriate by the Police Department. 14. That no required parking areas shall be fenced or otherwise enclosed for storage or other outdoor use. 15. That subject property shall be development substantially in accordance with plans and specification 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. 16. That the approval of this application constitutes approval of the proposed request only 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 requirements. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 11, 2003. {ORIGINAL SIGNED BYJAMES VANDERBILT) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Pat Chandler, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on August 11, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: BOSTWICK VACANCY: COMMISSIONERS: ONE SEAT IN WITNESS WHEREOF, I have hereunto set my hand this day of .2003. (ORIGINAL SIGNED BY PAT CHANDLER) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2003 -120 ITEM NO. 1A C -G RCL 98 -99-12 RCL 55 -56 -37 CUP 2705 FURNITURE STORE & i &9 3 i 7 ww 3008 S& MART RMA N � RCL 97 -98 -15 RCL 82 -83 -04 T -PCN 2004 -00017 I� VAR 3306 CUP 4009 CUP479 JAPARTMENTS VACANT 62- RCL 62 -63 -95 , RM-4 LINCOLN AVENUE cc L 91-92 -14 of 1 CL) L5657-57- 22 ��z R 4151 < 'AR 4151 raj L &CONV_ ms MARKET U)w U tt C-G 56 -57 -22 UP 176 ,R WASH U m C -G RCL 91 -92 -14 tes. of Int. to CL) ._ RCL 56 -57 -22 VAR 4151 E AMERICANA E MOTEL U h m CG EMBASSY AVE F (n ¢ LU w 0 VAR 20N W16 (D of RM-4 RCL 61 -62 -12 VAR 1534 VAR 1412 A ni I =Aru RMA RCL 77 -78-07 RCL 76 -77 -09 CUP 1643 VAR 2960 VAR 2832 APTS. 198 DU ME m 80� o O m�- o v Q� mmo I F aw aoc z � U OVy' c� N o r ". wm a z U LU W W K H V) K LU W CD C P( RS -2 1 DU EACH C-G RCL 99 -00-19 RCL 55 -56-36 T -CUP 2003 -04797 CUP 2002 -04636 CUP 2002 -04612 T -CUP 2002 -04522 CUP 4169 BEL -AIR CENTER (CUP 3322) (RCL 90 -9142) RM-4 RCL 69 -70-02 VAR 2102 APARTMENTS 224 DU _p Conditional Use Permit No. 2004 -04852 Subject Property TRACKING NO. CUP2005 -05003 Date: August 8, 2005 Determination of Public Convenience or Necessity No. 2005 -00021 Scale: 1"=200' Requested By: CEDAR MOUNTAIN, LLC Q.S. No. 13 CONDITIONAL USE PERMIT NO. 2004 -04852 - REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OFACONDITION OFAPPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON JULY 26, 2004 TO EXPIRE JULY 26, 2005) TO RETAIN A PREVIOUSLY - APPROVED NIGHTCLUB. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00021 - TO PERMIT SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WITHIN A PREVIOUSLY - APPROVED NIGHTCLUB. 2916 West Lincoln Avenue - El Calor Restaurant 1927 I VHK bay T -PCN 2004 -00017 j PCN 2002 -00008 I VACANT I I I I I j j I 1 ______________/ L - - -- N � 1 9 < 6G C -G RCL 63 -64 -36 CUP479 RCL 61 -62 -12 RCL 61 E2 -12 VAR 1534 20 DU 62- RCL 62 -63 -95 AVE BAYVN00D LU W W K H V) K LU W CD C P( RS -2 1 DU EACH C-G RCL 99 -00-19 RCL 55 -56-36 T -CUP 2003 -04797 CUP 2002 -04636 CUP 2002 -04612 T -CUP 2002 -04522 CUP 4169 BEL -AIR CENTER (CUP 3322) (RCL 90 -9142) RM-4 RCL 69 -70-02 VAR 2102 APARTMENTS 224 DU _p Conditional Use Permit No. 2004 -04852 Subject Property TRACKING NO. CUP2005 -05003 Date: August 8, 2005 Determination of Public Convenience or Necessity No. 2005 -00021 Scale: 1"=200' Requested By: CEDAR MOUNTAIN, LLC Q.S. No. 13 CONDITIONAL USE PERMIT NO. 2004 -04852 - REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OFACONDITION OFAPPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON JULY 26, 2004 TO EXPIRE JULY 26, 2005) TO RETAIN A PREVIOUSLY - APPROVED NIGHTCLUB. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00021 - TO PERMIT SALES OF ALCOHOLIC BEVERAGES FOR ON- PREMISES CONSUMPTION WITHIN A PREVIOUSLY - APPROVED NIGHTCLUB. 2916 West Lincoln Avenue - El Calor Restaurant 1927 I VHK bay T -PCN 2004 -00017 j PCN 2002 -00008 I VACANT I I I I I j j I 1 ______________/ L - - -- 315' -� 6G C -G RCL 62 -63 -95 RCL 61 -62 -12 RCL 61 E2 -12 VAR 1534 W 62- RCL 62 -63 -95 RCL 56 -59-20 CUP 3929 CUP 4029 VAR 1412 � CUP 3196 VAR 1561 CUP 3662 TOOL SHACK 1n CUP 2949 VAR 934 CUP 1372 VAR 1561 VAR 843 VAR 1534 LU F & M PLAZA PCN 97-08 VAR O SHOPPING CONY. 8 PCN 98-03 y CENTER MARKET BEACH - LINCOLN a 2 DU PLAZA = Staff Report to the Planning Commission August 8, 2005 Item No. 6 6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 (Motion for continuance) 6b. CONDITIONAL USE PERMIT NO. 2004 -04852 (READVERTISED) ( TRACKING NO. CUP2005- 05003 6c. DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00021 SITE LOCATION AND DESCRIPTION: (1) This irregularly- shaped, 0.7 -acre property has a frontage of 89 feet on the south side of Lincoln Avenue, a maximum depth of 330 feet and is located 315 east of the centerline of Laxore Street (2916 West Lincoln Avenue - El Calor Restaurant). REQUEST: (2) The applicant requests approval of the following: Reinstatement of Conditional Use Permit No. 2004 -04852 by the modification or deletion of a condition of approval pertaining to a time limitation (approved on July 26, 2004, to expire on July 26, 2005) to retain a nightclub under the authority of Code Section 18.60.180. Determination of Public Convenience or Necessity No. 2005 -00021 —to permit the on- premises sales and consumption of alcoholic beverages within a nightclub. BACKGROUND (3) This property is developed with a restaurant, zoned C -G (General Commercial) formerly CH (Commercial Heavy) and located within the West Anaheim Commercial Corridors Redevelopment Project constituent sub -area of the Merged Anaheim Redevelopment Area. The Land Use Element Map of the Anaheim General Plan designates this property for Corridor Residential land uses. (4) The applicant, Leon Alexander, has submitted the attached letter dated July 29, 2005, requesting a continuance to the August 22, 2005 Commission meeting in order for the request to be readvertised to include additional modifications to conditions of approval. (5) That the Commission, by motion, continue this item to the August 22, 2005, Planning Commission meeting. S R -CUP 2004 -04852 (c on t)a kv Page 1 August 1, 2005 Ms. Amy Vazquez Assistant City Planner City of Anaheim Planning Department Anaheim City Hall 200 S. Anaheim Blvd. Anaheim, CA 92805 :Z�fl�l J�IrI�b��b7�I�k3 El Calor Night Club 2916 W. Lincoln Avenue Anaheim, CA 92801 Dear Amy: I apologize, but I want to take this opportunity to thank you and your office for the follow up in regard to the El Calor Reinstatement Application, Case #CUP2005 -05003 and PCN2005- 00021. This electronic correspondence will confirm our discussion on July 29, 2005 to extend the El Calor Reinstatement Planning Commission Hearing from August 8 to August 22. Therefore, we appreciate that you process the extension accordingly. Sincerely yours, Law Offices of Briggs & Alexander A Professional Law Corporation Leon C. Alexander, Esq. 558 S. Harbor Blvd. Anaheim, CA 92805 714.520.9250 714.520.9248 (fax) IeyzartarlanO- briggsa ndalexander.co m cc: Client ITEM NO. 1A ' I C '" VAR2034 ` ARCADE 1 APARTMENTS � I RM r I o Ili RCL 82 -83 -01 I I West Anaheim Commercial Corridors F- �mo I — 1 RCL 74 -75 -18 I I Redevelopment of x L) I ell TI I RCL 74 -7546 I I x I I C -G C-G O Z m.- I I RCL 70 -71 -51 tU, Q m 1 I CUP 2354 I RCL 70 -71 -51 RCL 6667 -15 rl W I E I CUP 1498 U) Irnw f I CUP 3926 0 SMALL SHOPS RM-4 fD I o I w vl x U o I I - -- TOWNHOMES - -4 I I VACANT Of CUP 2( E; I L - - - - - - _ ______ APARTME STONYBROOKDR 58DL L -�.a I 7 R C- I 1 RM-2 C-G RCL 78 -79-43 W J + —241' J— TGL 2ao4 -(1011 RCL 66$762 RCL 76 -79 -43 RCL 70 -71 -51 RCL666762 _ RCL90.91 -31 - (Res_ of Inieni to CL) Res. of Intent m � NDDMIN IUMS ( REST. CUP2355 O o TLUP 200', W RM -2 \ 7 to RS -7200) VAR 3382 m TLUP 2o04-(N903 ,L 656F11 1 — 1 VAR 3092 CUP 2W0 4 31 VACAN I C -G = CUP 3435 T CUP 379 GP RS -2 RCL 74 -75-36 U * VACCAN�17 1 DU EACH 1 CUP 1843 MOTEL Q 1 CUP 1738 RM-, CUP 1547 m RcLio-ila2 OUp242 RCL 616 ROME AVENUE I C-G RCL5960 CUP 1843 CUP 2142 VAR 4322 CUP 2 -80 MOTEL T- VAR2002T4548 MOTEL APARTMI 1 CUP 3280 VAR 4322 299' MOTEL F RS -2 v 1 DU EACH 0 RCL 8081 -32 VAR 2002- RS -2 (if CUP 2003 -04714 04529 1 DU EACH 52 Q T -VAR 2005 -04659 - 1 T -VAR 2003 -04559 RS -2 x VAR 1229 1 DU EACH ¢ (CU 1 = �a (VAR I ROME AVENUE w o MOTEL 1 TERANIMAR DR ° 1 C -G CUP 2231 1 RCL 80 -81 -41 VAR 2338 RS -2 1 RCL71 -72 -35 MOTEL 1 D EACH RS2 I 1 DU EACH C-G V RCL 80 -81-44 RS2 1 CUP 2237 ECONO LODGE a RMA RM -( 1 DU EACH MOTEL c� RCL 77 -78-28 RCL S2-f RCL 56 C RCL 56 -57 -33 CUP 3 I -G U RCL 88 -89 -30 SAHARA APA LYNROSE DR � w CUP 3110 MOTEL E E DU VAR 1055 RM -4 w x ci o ° C-G E 1 1 DU EACH RCL 64-65-69 a LYNROSE DR 1 DENNY'S c� RCL 63 -64 -94 ¢ RM -4 RS2 RCL 6465 -69 m RM -4 RCL6263 -36 1 DU EACH RCL 57 -58-43 RCL 77 -78 -28 FaCL 56 -57 RCL 56 -57 -33 CUP 314 RESTAURANT 9 DU APTS. GG VAR 1207 1 GLEN HOLLY DR RCL 57 -58-43 ROBIN HOOD CUP 2712 MOTEL ReIL 7i 2-23 (1) CUP 1227 IT1 r11P27n VAR 674 Variance No. 1229 ® Subject Property TRACKING NO. VAR2005 -04659 Date: August 8, 2005 Scale: 1"=200' Requested By: GREGORY PARKIN Q.S. No. 10 TRACKING NO. VAR2005- 04659: REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OFACONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON MAY 5, 2003 TO EXPIRE JULY 25, 2005) TO RETAIN A 70 -UNIT MOTELAND COFFEE SHOP. 823 South Beach Boulevard - Covered Wagon Motel 1926 Date of Aerial Photo: May 2002 Variance No. 1229 TRACKING NO. VAR2005 -04659 Requested By: GREGORY PARKIN Subject Property Date: August 8, 2005 Scale: 1" = 200' Q.S. No. 10 TRACKING NO. VAR2005- 04659: REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF ACONDITION OF APPROVAL PERTAINING TOATIME LIMITATION (APPROVED ON MAY 5, 2003 TO EXPIRE JULY 25, 2005) TO RETAIN A 70 -UNIT MOTELAND COFFEE SHOP. 823 South Beach Boulevard - Covered Wagon Motel 1926 Staff Report to the Planning Commission August 8, 2005 Item No. 7 7a. CEQA CATEGORICAL EXEMPTION —CLASS 1 (Motion) 7b. VARIANCE NO. 1229 (Resolution) ( TRACKING NO. VAR2005- 04659 SITE LOCATION AND DESCRIPTION: (1) This 1.3 -acre, rectangularly- shaped property has a frontage of 192 feet on the west side of Beach Boulevard, a maximum depth of 299 feet, and is located 975 feet north of the centerline of Ball Road (823 South Beach Boulevard — Covered Wagon Motel). 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 May 5, 2003, to expire July 25, 2005) to retain a 70 -unit motel and restaurant- BACKGROUND (3) This property is developed with a 70 -unit motel and pizza restaurant with beer and wine sales and is zoned C -G (General Commercial). The property is located within the Merged Anaheim Redevelopment Project Area, and is designated for Low - Medium Density Residential land uses in the Anaheim General Plan. The General Plan designates properties abutting the site to the north and south for Low - Medium Density Residential land uses, the properties across Beach Boulevard to the east for Medium Density Residential land uses, and the properties to the west for Low Density Residential land uses. (4) Variance No. 1229 (to permit a 70 -unit motel and coffee shop) was approved by the Planning Commission in 1960. In 1997, the Commission modified this permit by (a) adding conditions of approval intended to remedy the numerous Code violations on the property at the time, and (b) establishing a one year time limitation. In 1998, the Commission denied a request to reinstate the Variance. The decision was appealed to the City Council and the Council reversed the Commission's decision and reinstated this permit for one year and imposed new conditions of approval. In 1999, the Commission reinstated this permit for one year and modified conditions of approval including restrictions pertaining to occupancy limitations for the guest rooms. In 2000, the Commission modified this permit and approved the Variance for a period of five years, to expire on July 25, 2005. In 2003, the Commission approved a City- initiated request to remove a condition of approval pertaining to occupancy limitations. Resolution No. PC2003 -66, approving the modification of this permit, contains the following condition: That this variance shall terminate on July 25, 2005" DISCUSSION: (5) The applicant has submitted a request to reinstate Variance No. 1229, to retain an existing 70 -unit motel and restaurant. In conjunction with the reinstatement, the applicant requests that Condition No. 1 of Resolution No. PC2003 -66 be deleted to allow the motel without a time limitation. According to the applicant, the deletion is being requested in order to obtain financing for the property and complete the necessary improvements to the motel buildings. SR- VAR1229ds Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 7 (6) In order to demonstrate that the findings required for reinstatement of this use permit have been satisfied, the applicant has submitted the attached Justification for Reinstatement. The applicant has indicated that the physical aspects of the property remain the same, the permit is being exercised substantially in the same manner and in conformance with all conditions of approval, and that the operation of the motel is being exercised in a manner not detrimental to the particular area and surrounding land uses. (7) The attached memorandum from the Community Preservation Division, dated July 11, 2005 indicates that after inspecting the property, it was found that the motel is operating in compliance with all conditions of approval of Resolution No. PC2003 -66, with the exception of Condition No. 6 pertaining to the provision of licensed uniformed security guards on the premises. (8) Staff has contacted the applicant to discuss the condition of approval pertaining to a licensed security guard. The applicant indicated to staff that a security guard is not needed on the premises and that security is better handled and controlled by the motel management rather than a uniformed guard. The applicant is therefore requesting that this condition of approval also be deleted. (9) The attached memorandum from the Police Department dated August 1, 2005, indicates that criminal activity continues to occur at this motel property, including the following criminal activity which occurred between January 1, 2003 and July 18, 2005 (approximately 30 months): Drug - related arrests — 45 Warrant arrests —21 Domestic violence arrests — 5 Vehicle theft arrests — 2 One arrest each for the following offenses — Aggravated Assault, Burglary, Forgery, Weapons Violation, and Public Drunkenness. Burglary reports — 6 Robbery reports — 3 Assault reports — 3 Vandalism reports — 3 Vehicle theft reports — 2 Petty theft report — 1 (10) The Police Department memorandum further indicates that between January 1, 2003 and July 18, 2005, (approximately 30 months) a total of 450 calls of all types were received at this location. Out of this total, 213 calls for service (CFS) were received from the public and not police- initiated. The Police Department further indicates that a report was prepared by Revenue Costs & Specialists, LLC to analyze CFS statistics for commercial lodging establishments in fifteen cities similar in size to Anaheim. The report concludes that the average CFS for commercial lodging is 0.9 CFS per unit, per year. For the subject motel, this would equate to approximately 63 CFS per year. Over the past 30 months, the Police Department has received 85 CFS per year at the subject motel property. Therefore, due to the above average number of CFS (as compared to other commercial lodging establishments), the Police Department recommends denial of this reinstatement request. Should the Commission approve the reinstatement request, the Police Department recommends a two year time limitation and the retention of the condition of approval for a licensed security guard. Page 2 Staff Report to the Planning Commission August 8, 2005 Item No. 7 (11) The CFS crime statistics described in the Police Department memorandum are preliminary only and do not make a distinction between the various types of CFS and commercial lodging establishments. Planning staff has been working with Police Department staff to carefully review the consultant's report and provide a more detailed CFS analysis for the Commission at a later date. Therefore, staff recommends that this reinstatement request be continued for two weeks for staff to provide the Commission with a more detailed analysis of the crime statistics for the subject property. (12) As indicated below in paragraph no. (15), Section No. 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement shall be granted only upon the applicant presenting evidence to establish the four findings as listed in this section. One of these findings requires that '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'. The existing motel use is not consistent with the current Low Medium Density Residential land use designation in the Anaheim General Plan. Therefore, the findings cannot be made to reinstate the motel use without a time limit therefore, should the Commission wish to reinstate the permit, a time limit would need to be imposed in order to make the appropriate findings of approval. (13) Planning staff has contacted the applicant to discuss issues pertaining to the conditions of approval and the Police CFS statistics. The applicant was encouraged to request a continuance of this item in order to work with Planning and Police Department staff and attempt to rectify the crime and Code issues before being considered by the Planning Commission. However, the applicant has declined staffs request to continue this item and wishes to proceed with their reinstatement request on the advertised August 8, 2005 hearing date. ENVIRONMENTAL IMPACT ANALYSIS: (14) The Planning Director's authorized representative has determined that this request to reinstate a 70 -unit motel and restaurant is categorically exempt under CEQA Guidelines Section 15301, Class 1 (Existing Facilities) and therefore, no additional environmental documentation is required- FINDINGS (15) Section 18.60.180.030 of the Zoning Code requires that an approval for a reinstatement shall be granted only upon the applicant presenting evidence to establish the following findings: (a) The facts necessary to support each and every required showing 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 public peace, health, safety and general welfare; and Page 3 Staff Report to the Planning Commission August 8, 2005 Item No. 7 (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 (16) 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 continue this request for two weeks to the August 22, 2005 meeting based on the information contained in paragraph nos. (7 — 13) above. (17) Should the Planning Commission wish to approve this request, staff recommends that the following conditions of approval be incorporated into the resolution 1 - That this variance shall terminate on August 8, 2007. 2. That the property owner shall pay the cost of random Community Preservation Division inspections (not to exceed twice a year). If any such inspections indicate that the property is not in compliance with any conditions of approval, the property owner shall also pay the costs of any additional Community Preservation inspections until the subject property is brought into compliance. 3. That cooking facilities may be included in the guest rooms provided that such facilities shall be hard wired (microwaves excepted) and shall comply with all applicable building codes, including provisions for proper venting. No portable hot plates or similar cooking devices shall be permitted in the guest rooms. 4. That smoke alarms shall be hard -wired (rather than battery operated) in the guest rooms, and shall be operable and maintained in good working order at all times. 5. That the trash storage areas shall be maintained to comply with approved plans on file with the Public Works Department, Street and Sanitation Division. 6. That a minimum of one (1) licensed uniformed security guard, approved by the Anaheim Police Department shall be provided upon the premises to specifically provide security and to discourage vandalism, trespassing and /or loitering upon or adjacent to the subject property. 7. That the owner /manager shall maintain a complete guest registry or guest card system which includes the full name, address, verified driver's license or legal identification and vehicle registration number of all registered guests, date of registration, length of stay, and room rates; and that said registry or guest card system shall be made available upon demand by any police officer, Community Preservation officer, or license inspector of the City of Anaheim during reasonable business hours. 8. That every occupied guest room shall be provided with daily maid service. Page 4 Staff Report to the Planning Commission August 8, 2005 Item No. 7 9. That the owner and /or management shall not knowingly rent or let any guest room to a known prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution, or any person for the purpose of selling, buying, or otherwise dealing, manufacturing or ingesting an illegal drug or controlled substance; or for the purpose of committing a criminal or immoral act. 10. That no guest room shall be rented or let to any person under eighteen (18) years of age, as verified by a valid driver's license or other legal identification. 11. That all available room rates shall be prominently displayed in a conspicuous place within the office area, and that the property owner and /or motel management shall comply with the provisions of Section 4.09.010 of the Anaheim Municipal Code pertaining to the posting of room rates. 12. That the property owner and /or motel management shall comply with the provisions of Section 2.12.020 of the Anaheim Municipal Code pertaining to the operator's collection duties of transient occupancy taxes. 13. That this property and these buildings and accessory structures shall be maintained in compliance with the statutes, ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim, including the Uniform Building Code, Uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National Electric Code, and Uniform Mechanical Code. 14. That on -site landscaping shall be refurbished as necessary and permanently irrigated and maintained, including regular removal of trash or debris, and removal of graffiti within twenty four (24) hours from time of occurrence. 15. That a statement shall be printed on the face of the guest registration card to be completed by each guest when registering, advising that the register is open to inspection by the Anaheim Police Department or other City of Anaheim personnel for law enforcement purposes. 16. That any on -site tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dead. 17. That no pay telephones shall be located outside of the motel building. 18. That no vending machines shall be visible from the public right-of-way- 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. Page 5 [DRAFT] RESOLUTION NO. PC2005 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DENYING A REQUEST TO REINSTATE VARIANCE NO. 1229 (TRACKING NO. VAR2005- 04659) TO MODIFY OR DELETE A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (823 SOUTH BEACH BOULEVARD) WHEREAS, on May 5, 2003, the Anaheim Planning Commission, by Resolution No. PC2003 -66, approved Variance No. 1229 as readvertised to retain a previously approved 70 -unit motel and coffee shop at 823 South Beach Boulevard; and WHEREAS, said Resolution No. PC2003 -66 includes the following condition of approval: That this variance shall terminate on July 25, 2005" . WHEREAS, this property is currently developed with a 70 -unit motel and restaurant, the underlying zoning is C -G (General Commercial); the Anaheim General Plan designates this property for Low - Medium Density Residential land uses; and this property is located within the Merged Anaheim Redevelopment Project Area; and WHEREAS, the applicant has requested reinstatement of this variance to retain a motel and coffee shop pursuant to Code Section 18.60.180 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 August 8, 2005, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed 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 facts necessary to support each and every required showing for the original approval of the entitlement as set forth in this chapter do not exist. 2. That the Community Preservation Division of the Planning Department, after due investigation and inspection, determined that the motel use has not been operating in full compliance with the conditions of approval contained within Resolution No. PC2003 -66. Therefore, the permit is not being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. That based on an above average number of Anaheim Police Department calls for services (as compared to other commercial lodging establishments analyzed in a report prepared by Revenue Costs & Specialists, LLC), the permit is being exercised in a manner detrimental to the particular area and surrounding land uses, and to the public peace, health, safety and general welfare. 4. That with regard to a deletion of a time limitation, such deletion is not appropriate because it has been demonstrated that the use has not operated in a manner that is appropriate in the underlying zone and the surrounding area. The existing motel use is not consistent with the current Low Medium Density Residential land use designation in the Anaheim General Plan. Therefore, due to changed circumstances, the use is not consistent with the City's long -term plans for the area. 5. That * ** indicated their presence at the public hearing in opposition; and that no correspondence was received in opposition to the subject petition. CR \PC2005 -0 -1- PC2005- CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning Commission has reviewed the proposal to reinstate this permit by the modification or deletion of a condition of approval pertaining to a time limitation (reinstated on May 5, 2003, to expire on July 25 , 2005) to retain a 70- unit motel and restaurant and has determined that the project is categorically exempt under CEQA Guidelines Section 15301, Class 1 (Existing Facilities) and therefore, no additional environmental analysis or documentation is required. NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby deny this request to reinstate Variance No. 1229 on the basis of the aforementioned findings. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of August 8, 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_\1Ix.9i 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 August 8, 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 -2- PC2005- Attachment - Item No..7 RESOLUTION NO. PC2003 -66 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. 235, SERIES 1959 -60, AS AMENDED, ADOPTED IN CONNECTION WITH VARIANCE NO. 1229 WHEREAS, on April 18, 1960, the Anaheim City Planning Commission did, by its Resolution No. 235, Series 1959 -60, grant Variance No. 1229 to construct and operate a 70 -unit motel and coffee shop at 823 South Beach Boulevard in the RS- A- 43,000 (Residential /Agricultural) Zone; and WHEREAS, on April 6,.1982, the Anaheim City Council adopted Ordinance No. 4320 in connection with Reclassification No. 80 -81 -32 to rezone the property to the CL (Commercial, Limited) Zone; and WHEREAS, on July 21, 1997, the Planning Commission did, by its Resolution No. PC97- 89, amend Resolution No. 235, Series 1959 -60, to amend the conditions of approval, in their entirety, including new Condition No. 3 (that guest rooms shall not be rented for periods of less than 12 consecutive hours nor more than 30 consecutive days) and new Condition No. 13 (that the Variance would terminated in one year on July 21, 1998); and WHEREAS, on November 17, 1998, the City Council did, by its Resolution No. 98R -249, further amend Resolution No. 235, Series 1959 -60, as previously amended, to reinstate the Variance and amend the conditions, in their entirety, including Condition No. 13 (that the Variance would terminated in one year on November 17, 1999); and WHEREAS, on February 1, 2000, the Planning Commission did, by its Resolution No. 2000R -19, amend Resolution No. 235, Series 1959 -60, as previously amended, to reinstate the use and to amend the conditions of approval, including amending Condition No. 3 (that guest rooms shall not be rented for periods of less than 12 consecutive hours nor more than 30 consecutive days within any 90 day period) and Condition No. 13 (that the Variance would terminate in one year on February 1, 2001), and adding new Condition Nos. 21 through 23; and WHEREAS, on July 25, 2000, the City Council did, by its Resolution No. 2000R -150, further amend Resolution No. 235, Series 1959 -60, as previously amended, to amend the conditions of approval including the following: 2. That the property owner shall pay the cost of random Code Enforcement Division inspections totaling twelve (12) during this one (1) year reinstatement period, as often as necessary thereafter, as deemed necessary by the City's Code Enforcement Division, to gain and/or maintain compliance with State and local statures, ordinances, laws and /or regulations. 3. That appliances for the heating and preparation of food shall not be permitted in the guest rooms. 4. That smoke alarms in the guest rooms shall be hard -wired (rather than battery operated), and shall thereafter be operable and maintained in good working order at all times. 18. That guest rooms shall not be rented, let or occupied by any individual for more than thirty (30) days within any ninety (90) day period, excluding (1) manager's unit, subject to the following: cr \PC2003- 066.doc -1- P C2003 -66 (a) Existing guests who have occupied a unit on the premises for a continuous period over thirty (30) days and are occupants on May 22, 2000, shall be permitted to remain on the premises until and including January 15, 2001. (b) The owner shall provide the Code Enforcement Manager with a list, certified under penalty of perjury, of all existing guests who satisfy the conditions of subparagraph (a) (the "qualifying long -term guests "). (c) Following the vacating of any unit by a qualifying long -term guest, or on January 15, 2001, whichever occurs earlier, any occupancy of any unit shall be for a period not more than thirty (30) days within any ninety (90) day period. (d) The owner shall notify all guests of the occupancy limitations set forth herein within thirty (30) days of the date of this resolution, and shall continue to notify all guests of said limitations upon occupancy." WHEREAS, on March 25, 2003, the City Council did, by its Resolution No. 2003R -61, adopt a Policy prohibiting the imposition of any specific time limitation on the length of guest occupancy in a hotel or motel and rescinding any such limitation heretofore imposed in any zoning entitlement; and that subject Variance No. 1229 is specifically identified as one of those entitlements; and WHEREAS, the subject property is developed with.a 70 -unit motel (Covered Wagon Motel) at 823 South Beach Boulevard; that the zoning is CL (Commercial, Limited); and that the General Plan land use designation is General Commercial; and WHEREAS, this is a City- initiated request to amend or delete certain conditions of approval pertaining to the operation of the existing motel; and WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on May 5, 2003, 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 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 proposed modification to the conditions of approval, including the imposition of any additional conditions thereto, is reasonably necessary to protect the public peace, health, safety or general welfare, or necessary to permit reasonable operation of the motel under the Variance as granted. 2. 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 The Planning Director or his authorized representative has determined that the proposed project falls within the definition of Categorical Exemptions, Class 1, as defined in the State of California Environmental Impact Report ( "EIR ") Guidelines and is, therefore, categorically exempt from the requirement to prepare an EIR. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission does hereby-amend Resolution No. 235, Series 1959 -60, adopted in connection with Variance No. 1229 and as amended by Resolution Nos. PC97 -89, 98R -249, 2000R -19 and 2000R -150, to amend the conditions of approval, in their entirety, to read as follows: That this variance shall terminate on July 25, 2005. -2- PC2003 -66 2. That the property owner shall be responsible for paying the cost of random Code Enforcement inspections (riot to exceed twice a year) to ensure compliance with these Conditions of Approval and with all applicable state and local statutes, ordinances, laws and regulations. 3. That cooking facilities may be included in the guest rooms provided that such facilities shall be hard -wired (microwaves excepted) and shall comply with all applicable building codes, including provisions for proper venting. No portable hot plates or similar cooking devices shall be permitted in the guest rooms. 4. That all guest rooms shall be equipped with properly operating hard -wired (not battery operated) smoke alarms. 5. That the trash storage area(s) shall be maintained to comply with approved plans on file with the j Maintenance Department, Streets and Sanitation Division. 6. . That licensed uniformed security guards in such number (not to exceed two . (2)), as required and approved by the Anaheim Police Department, shall be provided upon the premises specifically to provide security and to discourage vandalism, trespassing and/or loitering upon or adjacent to the subject property. 7. That the owner /manager shall maintain a complete guest registry or guest card system which includes the full name, address, and verified driver's license or legal identification and vehicle / registration number of all registered guests, date of registration, and room rate; and which guest registry or guest card system shall be made available upon demand by any police officer, code enforcement officer, or license inspector of the City of Anaheim during reasonable business hours. 8. That guest rooms shall not be rented or let for periods of less than twelve (12).consecutive hours. 9. That every occupied guest room shall be provided with daily maid service. ✓ 10. That the owner and /or management shall not knowingly rent or let any guest room to a known prostitute for the purposes of pandering, soliciting or engaging in the act of prostitution; or to any person for the purposes of selling, buying, or otherwise dealing, manufacturing or ingesting an illegal drug or controlled substance, or for the purpose of committing a criminal or immoral act. 11. That no guest room shall be rented or let to any person under eighteen (18) years of age, as verified by a valid driver's license or other legal identification. 12. That all available room rates shall be prominently displayed in a conspicuous place within the office area; and that the property owner and/or motel management shall comply with the provisions of Section 4.09.010 (Changing Posted Rates) of the Anaheim Municipal Code pertaining to the posting of room rates. 13. That the property owner and /or motel management shall comply with the provisions of Section 2.12.020 (Operator's collection duties) of the Anaheim Municipal Code pertaining to the operator's collection duties of transient occupancy taxes. 14. That within sixty (60) days from the date of this resolution, this property and these buildings and accessory structures shall be brought into compliance with the applicable statutes, ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim, including the Uniform Building Code, Uniform Housing Code, Uniform Fire.Code, Uniform Plumbing Code, National Electric Code, and Uniform Mechanical Code, and permanently maintained thereafter in compliance with such statutes, ordinances, laws or regulations. 15. That the on -site landscaping shall be refurbished as necessary, permanently irrigated and maintained, including the regular removal of trash or debris, and removal of graffiti within twenty four (24) hours from the time of occurrence. -3- PC2003 -66 16. That a statement shall be printed on the face of the guest registration card, to be completed by the guest when registering, advising that the register is open to inspection.by the Anaheim Police Department or other Anaheim personnel for law enforcement purposes. 17. That no guest room(s) shall be rented or let to any person unless compliance is determined by the appropriate division or department with the statutes, ordinances, laws or regulations of the State of California, as adopted by the City of Anaheim, including the Uniform Building Code, uniform Housing Code, Uniform Fire Code, Uniform Plumbing Code, National Electric Code, and Uniform Mechanical Code. 18. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed, damaged, diseased and /or dies. 19. That any new signage, beyond that legally existing on the date, of this Resolution shall be submitted to the Planning Commission for review and approval as a'Reports and Recommendations' item. 20. That the 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 ordinance, regulation or requirement. 21. That no pay telephones shall be located outside the building. J 22. That no vending machines shall be visible from the public right =of -way. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of May 5, 2003. Wrilinal signed by Patil'Bostwick) CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: (O riginal signed by Eteamr Morris SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Eleanor Morris, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim City Planning Commission held on May 5, 2003, by the following vote of the members thereof: AYES: COMMISSIONERS: BOSTWICK, BOYDSTUN, BRISTOL, KOOS, ROMERO, VANDERBILT NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: EASTMAN IN WITNESS WHEREOF, I have hereunto set my hand this day of _, 2003. (Original signed by Eleanor Morris) SENIOR SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4-, PC2003 -66 PETITIONER'S STATEMENT Attachment - Item No. 7 > - Section 18.60.180 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 filing 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 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); .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. 18.74.060 (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 zoning classification in the vicinity. 2. Said permit or variance is being exercised substantially in the same manner and in conformance with ail 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 space 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 ❑ No Explain: (over) CASE 2. Have the land uses in the immediate vicinity changed since the issuance of this use permit or variance? Yes ❑ No 3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance? Yes ❑ No Explain: 4. Are the conditions of approval pertaining to the use permit or variance being complied with? YeSK No ❑ Explain: 5. If you are requesting a deletion of the time limitation, is this deletion necessary for the continued operation of this use or variance? Yes® No ❑ The applicant for this request is: N Property Owner ❑Authorized Agent JUN 2005 0 ZO ZONING �'IVISIoN XT M E`ETL AUG 0 8 2005 CI T" " "— I T'f �L' - `LING C COMMI SSION Name of Prbpertk Owner or Authorized Agent (Please Print) )C Signatur of roperty Owner or Authorized Agent Date Reinstatement application.doc Revised 9/13104 Vs M. ° 12 29 City of Anaheim POLICE DEPARTMENT Special Operations Division To: David See, Planning Department Attachment - Item No. 7 From: Officer Steven Roberson, Planning & Research CC: Date: August 1, 2005 RE: VAR2005- 04659, 823 S. BEACH BLVD. Anaheim Police Dept. 425 S. Harbor Blvd. Anaheim, CA 92805 TEL: 714.765.1401 FAX: 714 765.1665 As part of the review process for this case, I obtained a printout of calls -for- service (CFS) for 823 S. Beach Blvd. from 01 -01 -03 to 07- 18 -05. The report indicated a total of 450 CFS of all types for that time period. I then examined the individual entries and, based on call -type and the disposition of the call, removed all the entries that appeared to be officer- initiated activities. From this, I compiled the following breakdown of public - initiated CFS: 2003 — 101 CFS 2004 — 64 CFS 2005 (through 07 -18) — 48 CFS (this projects to 88 CFS through the end of the year) A recent report, contracted by the Anaheim Police and Fire Departments, from Revenue & Costs Specialists, L.L.C., has provided us with data that allows the projection of CFS by land use type. This data was compiled by averaging CFS from 15 cities similar in size to Anaheim. That report indicates that for commercial lodging we can project .901 CFS per unit, per year. For this location, this would equate to approximately 63 CFS per year. In addition to the CFS, my examination of the statistics for this location revealed the following arrests and police reports over the same time period: Drug- related arrests — 45 Warrant arrests — 21 Domestic violence arrests — 5 Vehicle theft arrests — 2 One arrest each for the following offenses — Aggravated Assault, Burglary, Forgery, Weapons Violation, and Public Drunkenness. Burglary reports — 6 Robbery reports — 3 Assault reports — 3 Vandalism reports — 3 Vehicle Theft reports — 2 Petty Theft report — 1 While there does appear to he some improvement in CPS, these statistics, as a whole, appear to indicate that over the last two and a half years, this location has required a disproportionately high amount of police services. hi addition, these numbers do not support a recommendation for reinstatement of the variance. At the very least, if the variance is reinstated, I would recommend retention of the previous condition of licensed, uniformed security guards on the property, as well as the previous two -year time limitation to allow continued monitoring of the location to determine if their apparent progress will continue. Page 2 Attachment - Item No. 7 MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: July 11, 2005 TO: David See, Senior Planner FROM: Max Wilson, Community Preservation Officer SUBJECT: Reinstatement of VAR1229 Tracking Case No. VAR2005- 04659, Covered Wagon Motel, 823 S. Beach Blvd. I inspected the above location on July 9, 2005, with James Parkin, son of the property owner, present. I noted there were no security guards present which is in violation of condition #6 on the list of amended conditions of approval regarding this property. Mr Parkin stated he has not had security officers at the Covered Wagon Motel for the past few years because he does not feel there has been a need for them. He also stated he has been fully cooperating with the Planning Commission and other City Departments. If there are questions, please contact me at 4480. Item No. 7 June 1, 2005 City of Anaheim Planning Department Planning Services Division 200 S. Anaheim Boulevard Anaheim, CA 92805 Re: Request for Reinstatement Variance 1229 Deletion of time limitation I, Gregory Parkin, owner of the Covered Wagon Motel located at 823 S. Beach Boulevard in the city of Anaheim California hereby request deletion of a time limitation restriction placed upon my variance based upon the following: 1. The Covered wagon motel is and has been a valuable asset to the community. We provide a safe, clean place for travelers and neighbors to stay at a reasonable price. We have participated in community activities such as the Twila Reed Park tree lighting ceremony. Our restaurant, Columbo's Italian Ristorante, provided pizza at a reduced fee to allow the promoters of the Lighting ceremony an opportunity to generate money to fund worthwhile projects within the community. 2. The City of Anaheim and police department provided Columbo's Italian Ristorante the opportunity to serve beer and wine on premises. This opportunity would not have been provided if the Planning Commission, the Police department and the Bureau of Alcoholic Beverage Control believed that the Covered Wagon Motel posed a threat to the community. 3. I have spoken to the police department and they have advised me that calls for service are low and have remained low for an extended period of time. I have continued to invest all of my profits back into the project. The appearance of the property reflects this fact. The project is not completed and we continue to improve as finances warrant. The time limitation prevents me from obtaining better long term financing due to the uncertainty caused by the possibility that the limitation would not be extended. Better financing would allow me to invest more money into the property and allow me to take advantage of the low interest rates that are available at the present time. 2 Th .r eg 823 S.. :� Ana heim , ,1 714-527-2 VAR -1229 NO RE€mtNns' narE1N. NtYrICE TU+DUESTS ADVANCE PAYMENT REQUESTED DATSWr Tt= PInPnDI% ® PMv0 9 e Gd red the martaQe3i1 = te9eCAe3 the right tc . 3etwea rvlw to any arA wiN rat be Tesl=%hk for?rcnimi;aihyuy to ft" .. ' queslsarfw tm.# limey, *e Irg orvajibl® of any land. I __ �t CM STME _ MAKE NLl[idHEEA Tar, QF<CAiR W rru West Anaheim Hotel and Motel Owners �e = 11-0 , COVERED WAGON MOTEL 823 S. Beach Blvd. Artabefin, CA 9 (714) 627-2020 RGOM#._ 11 ecks: are 'x 't - 9�` ml r 139 • �0 r 1 \ .�, f �� 'starti M., All gaeats Wk must reg the office `�. 3 h F" This WAHMOA facility will net store any personalitems. or - rru r r discarded. \ vd1 ..r m r , visit e i - Th e r e no room to mo visiuffion, � N o , driuloiagof alcoholic beverages permitted i c ommon a HOUSSCOping will replace only the.exact amount of linen soiled. Any missin linen will.be charged to the guestafter.check out. WosDS-mstbe keptalean at all timze& No Hotplate, wok, or crock pot cool"g. No pets, animals, aquariums, or waterbeds permitted:. Violation Unaudimized'vehicles will be towed at owners expense: Oaly�one vehicle pe maintenance, repairing or washing of vehicles oia premised is ptchibited. Vi at your expense. Children must be supervised at all 'tks ies. Children mist stay inside your roe; The swibrining pool is for registered'gnests only. Visitors are not allotved'in the pool. Novi in the popt.area. No running aftdiumphig in pool area.. All minors mustbbe supervised by an No Bil 9:are allowed in.pool area. Pool hours are from 4am to 4 pm. Tbm sW be no pxdos,.drmgs,. drunkenness or profame language on the premises. Radio iii respeciaVle level and not ammy other guests. Loitering isprohibited.. Pest control is adwinistered'quarterly. Pest control treatment :is mandatory. All guests -must check -but fot at.least 24 hours every 28. days.. All. peisonalbelongings mnis The laundry room is for registered guests only. Report any inoperable machine to the #'ronfa D® HOT KEEP VALUABLES YOB AFIRE PROOF SAFE IS MAINTAINED ON SITE FOR s.are to be used kept of a to 10 pi 0.0 NOTICE TO GUESTS: The proprietor of this hotel(metel will not be responsible for accidents or *ury to guests or the loss of money, jewelry or any and all property of any individual guest, boarder or lodger_ The rales, and regulations of the hotel/motel are contained on the bouse rule sheia on the reverse of this document, which is provided to you at the time of chock-in. Room is to be occupied by veeistere guests only. Checkout time is 11:00 am. All articles left in room after checkout or otherwise vacating the room will be discarded. No minor children are permitted in pool area without a parent present at all times. HOteymOtel is not responsible for lost or stolen or dulaged itrus. A safe is maintained on the premises for the storage of valuables during your stay. This hotellmatel reserves the right to enter your room at any time for maid service, quality control, Maintenance or inSpeOwn by the police department or code enforcement offictal& By signing below, Me acknowledge receipt of the roles and regulations and also acknowledge that any informMou, reMdma; vour sftv may be movided to the West Pizza Pasta Salads Buffalo Wings Garlic Bead Ame&an Fries spaghetti Toasted Sandwiches I/We agree to hold this WAHMOA facility barmless from say legal or other action, as a result of providing this information to WAIVvIOA or its aflMiates. Guest signature Guest Signature BEER AND WINE Gala mbo's Italian Wa SSE ante Draft Beer $1.50 Boftle Domestic $2.00 Bottle Import $2.50 Open 7 days Pitcher* $4.50 11:00 am to 11: OO.r pm Wine by the glass $1.50 giall extension 150 or 1, '(714) 826-4soo Ali DRINKS Coca-cola Diet Coke Minute Maid Orange Iced Tea Sprite Rootl)eer Coffee, Expresso and Cappuccino items. S must Ava!lp ble for parties or sporting events, Big screen T.V. For additional inform . atJok please contact 31m: or Max at (714) 626-4500 V The County of Orange Environmental Health Division is pleased to recognize IF For consistently maintaining exceptionally high food safety and sanitation standards during the year of VAR 94. -12Z9 REGULATORY HEALTH SERVICES ENVIRONMENTAL HEALTH . "Excellence f -Xkg ty Service .Tune 2005 TO: Orange County Retail Food Facility Owners /Operators SUBJECT: Award of Excellence Program for Retail Food Facilities CONGRATULATIONS! You have received the Award of Excellence for year 2004! JULIETTE A. POULSON, RN, MN DIRECTOR DAVID L. RILEY ASSISTANT DIRECTOR MIKE SPURGEON DEPUTY AGENCY DIRECTOR REGULATORY HEALTH SERVICES STEVEN K. WONG, REHS, MPH DIRECTOR ENVIRONMENTAL HEALTH MAILING ADDRESS: 1241 EAST DYER ROAD, SURE 120 SANTA ANA, CA 827055611 TELEPHONE: (714) 433 -6000 FAX (714) 764 -1732 E -MAIL: ehealth @ochm.com It is with great pleasure that the Environmental Health Division proudly presents this Award of Excellence to your establishment in recognition for consistently protecting the residents and visitors of Orange County through excellence in food safety and sanitation at your food establishment. The Award of Excellence Program was implemented in 1999 in an effort to encourage food establishments to strive for excellence in food safety and sanitation practices, and to recognize those who succeed. Award recipients include those establishments that meet eligibility as determined by a review of the establishment's inspection reports for 2004. The specific criteria for the award are explained in the information bulletin attached to this letter. The inspection reports from your establishment indicate that the food handling practices and overall sanitation at your facility were outstanding in 2004. This is indeed an achievement you should be proud of. We look forward to maintaining a successful partnership with all food facility owners and operators in Orange County. We also encourage you to continue your pursuit of excellence in food safety and sanitation practices. Should you have any questions about our Award of Excellence Program, please contact Patricia Gentry, Program Manager, at (714) 433 -6012. Sincerely, G Steven K. ong, REHS, MPH, Environmental Health VAR M. - ITEM NO. 1A = 1 DU EACH z of DU EACH a T RS -2 RS -2 RS -2 r CU GO P 40 4247 U EACH I DU LACH 10 N RSERY T CUP 200505002 SOUTHERN CALIFORNIA CUP 2 001 -04 41 5 EDISON EASEMENT CUP 2001 -04247 LANDSCAPE CONTRACTOR NURSERY T- CUP2001 -04369 PLASTERING SUB CONTRACTOR 1271 SOUT ERNPACIFIC RAILROAD RS2 .3334 3222 1 DU 1 6DU CRESTWOOD LN 1 ouF H RS2 ou D a , U) 1 ou EacH 6DU O w = j 1 ou F H RS2 R O W AM a RS -2 1 IX1 EacH i Du EACH 7 1 DU EACH RAI I IF I N 1R 991 S 8T P 88 JP 3432 JP2989 aw 1 1 H- s s1e u, W JP3 2 W 719 1i V) J V LU W 0 1 r 1 CG xCLee -. DENTAL OFFICE RCL 73 -7417 VAR 3501 SMALL SHOPS Conditional Use Permit No- 2005 -05002 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: RANDALL J- SMITH Q -S- No- 50 REQUEST TO PERMIT TELECOMMUNICATIONS ANTENNAS ON AN EXISTING SCE TOWER WITH ACCESSORY GROUND - MOUNTED EQUIPMENT- T T T N 1 ©I 1621 South Euclid Street 1924 I -�— RM -2 0 _< I I r - -- _TT Z I I RCL 80-81 -13 1 I I I Z T w I I CUP 2119 1 I I T _______ _____ VAR 2647 __I I w F RS -2 z CUP 2744 I ` -- VAR 2144 ` 1 DU EACH CUP 2343 - - - - - - - - -- 1 VAR 939 S __ I TEMPLE 1 1 TOWNHOMES j I VAR 2856 CATERING BUSINESS I I I 178DU I I VAR 2647 I I - - - - -1 I i.___________..� ^ - � - -- VAR 2144 1___ I FARMERS MARKET/ L ---------------- �______ PRODUCE = 1 DU EACH z of DU EACH a T RS -2 RS -2 RS -2 r CU GO P 40 4247 U EACH I DU LACH 10 N RSERY T CUP 200505002 SOUTHERN CALIFORNIA CUP 2 001 -04 41 5 EDISON EASEMENT CUP 2001 -04247 LANDSCAPE CONTRACTOR NURSERY T- CUP2001 -04369 PLASTERING SUB CONTRACTOR 1271 SOUT ERNPACIFIC RAILROAD RS2 .3334 3222 1 DU 1 6DU CRESTWOOD LN 1 ouF H RS2 ou D a , U) 1 ou EacH 6DU O w = j 1 ou F H RS2 R O W AM a RS -2 1 IX1 EacH i Du EACH 7 1 DU EACH RAI I IF I N 1R 991 S 8T P 88 JP 3432 JP2989 aw 1 1 H- s s1e u, W JP3 2 W 719 1i V) J V LU W 0 1 r 1 CG xCLee -. DENTAL OFFICE RCL 73 -7417 VAR 3501 SMALL SHOPS Conditional Use Permit No- 2005 -05002 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: RANDALL J- SMITH Q -S- No- 50 REQUEST TO PERMIT TELECOMMUNICATIONS ANTENNAS ON AN EXISTING SCE TOWER WITH ACCESSORY GROUND - MOUNTED EQUIPMENT- T T T N 1 ©I 1621 South Euclid Street 1924 I CRIS AVENUE _TT Z Z T w F R w RS -2 O O RS -2 w w F RS -2 z z 1 DU EACH 1 DU EACH 1271 SOUT ERNPACIFIC RAILROAD RS2 .3334 3222 1 DU 1 6DU CRESTWOOD LN 1 ouF H RS2 ou D a , U) 1 ou EacH 6DU O w = j 1 ou F H RS2 R O W AM a RS -2 1 IX1 EacH i Du EACH 7 1 DU EACH RAI I IF I N 1R 991 S 8T P 88 JP 3432 JP2989 aw 1 1 H- s s1e u, W JP3 2 W 719 1i V) J V LU W 0 1 r 1 CG xCLee -. DENTAL OFFICE RCL 73 -7417 VAR 3501 SMALL SHOPS Conditional Use Permit No- 2005 -05002 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: RANDALL J- SMITH Q -S- No- 50 REQUEST TO PERMIT TELECOMMUNICATIONS ANTENNAS ON AN EXISTING SCE TOWER WITH ACCESSORY GROUND - MOUNTED EQUIPMENT- T T T N 1 ©I 1621 South Euclid Street 1924 I 1R 991 S 8T P 88 JP 3432 JP2989 aw 1 1 H- s s1e u, W JP3 2 W 719 1i V) J V LU W 0 1 r 1 CG xCLee -. DENTAL OFFICE RCL 73 -7417 VAR 3501 SMALL SHOPS Conditional Use Permit No- 2005 -05002 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: RANDALL J- SMITH Q -S- No- 50 REQUEST TO PERMIT TELECOMMUNICATIONS ANTENNAS ON AN EXISTING SCE TOWER WITH ACCESSORY GROUND - MOUNTED EQUIPMENT- T T T N 1 ©I 1621 South Euclid Street 1924 I Date of Aerial Photo: May 2002 Conditional Use Permit No. 2005 -05002 Subject Property Date: August 8, 2005 Scale: Graphic Requested By: RANDALL J. SMITH Q.S. No. 50 REQUEST TO PERMIT TELECOMMUNICATIONS ANTENNAS ON AN EXISTING SCE TOWER WITH ACCESSORY GROUND - MOUNTED EQUIPMENT. 1621 South Euclid Street 1924 Staff Report to the Planning Commission August 8, 2005 Item No. 8 8a. CEQA NEGATIVE DECLARATION (Motion) 8b. CONDITIONAL USE PERMIT NO. 2005 -05002 (Resolution) SITE LOCATION AND DESCRIPTION: (1) This rectangularly- shaped, 5 -acre property has a frontage of 170 feet on the west side of Euclid Street, a depth of 1,271 feet, and is located 355 feet south of the centerline of Cris Avenue (1621 South Euclid Street). REQUEST: (2) The petitioner requests approval of a conditional use permit under authority of Code Section 18.14.030.010 and 18.38.060 to permit a telecommunications antenna on an existing SCE electrical transmission tower with accessory ground- mounted equipment- BACKGROUND ( This property is currently developed with Edison transmission towers and a plant nursery and is zoned T (Transition Zone). The Anaheim General Plan Land Use Element Map designates this property for open space land uses and its surrounding properties for Low Density Residential land uses. (4) Conditional Use Permit No. 2001 -04415 (to permit a telecommunications antenna on an existing electrical transmission tower and accessory ground- mounted equipment) was approved by the Planning Commission on September 10, 2001. The conditions of approval for this permit were not completed and this entitlement has expired. (5) Conditional Use Permit No. 4084 (to permit an outdoor RV and boat self- storage facility with an on -site manager's office /living unit with waiver of minimum fence height, minimum landscaping for fences /block walls and minimum setback adjacent to residential zones) was approved by the Planning Commission on January 4, 1999. This use was not constructed and the entitlement has expired. DEVELOPMENT PROPOSAL: (6) The petitioner proposes to construct a telecommunications facility consisting of three (3) sectors with four (4) panel antennas on each sector, on an existing 138 -foot high Edison transmission tower. This request also includes a ground- mounted accessory equipment shelter located directly beneath the tower within a 400 square foot lease area. (7) The site plan (Exhibit Nos. 1 -A and 1 -13) indicates the 138 -foot high tower is located near the eastern portion of the property, approximately 270 feet from Euclid Street. There are currently four (4) transmission towers on the property. The elevation plans and photo simulations (Exhibit Nos. 2 and 3) indicate that antennas would be placed at an operating center 53 feet above ground level. S rc u p 2005 -05002 k lw. d o c Page 1 Staff Report to the Planning Commission August 8, 2005 Item No. 8 (8) The site plan proposes Juniperus Sabina shrubs planted five feet (5) feet apart along the front setback on Euclid Street. In addition, the petitioner proposes a twenty (20) foot wide, 6 foot high, rolling chain link fence gate at the entrance of the property. There are damaged portions to the existing chain link fence within the front setback of the property. The applicant has agreed to replace the damaged portions of the existing chain link fence or provide a new six (6) foot high chain link fence. The rolling gate and any new fence would have to be located outside of the required setback of 25 feet on Euclid Street. (9) The antenna layout plan (Exhibit No. 4) indicates the panel antennas are four (4) feet in length by one (1) foot in width and four (4) inches in depth. The antennas would be painted to match the existing tower. The proposed antennas and brackets would not be flush - mounted. Southern California Edison standards do not allow for antennas to be flush - mounted and requires all antennas and brackets to face down towards the ground while the angle of the tower steel faces upward. According to SCE, in order to service the lattice tower, staff must climb the tower; flush - mounted antennas create a potential hazard because staff would need to climb in front of the brackets and antennas. Staff will be working with the applicant and Southern California Edison to minimize visual impact of the antennas. (10) The elevation plan and construction plan (Exhibit Nos. 2 and 4) indicates a 232 square foot proposed equipment shelter located between the existing lattice tower legs. The shelter would be a brown, pre- fabricated structure covered with aggregate materials with a flat roof, placed on a concrete pad. The ancillary equipment shelter will be finished on all sides with a rock aggregate material. The existing land use, a plant nursery, has a large quantity of trees and shrubs surrounding the proposed antenna facility which will help shield the facility from public view. Page 2 View of proposed telecommunication facility from North. Staff Report to the Planning Commission August 8, 2005 Item No. 8 ENVIRONMENTAL IMPACT ANALYSIS: (11) Staff has reviewed the proposal for a telecommunication facility 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 Planning 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) Communication facilities and antennas are permitted in the T Zone subject to the approval of a conditional use permit and the requirements of Section 18.38.060 pertaining to telecommunication antennas of Chapter 18.38 Supplemental Uses. (13) The petitioner's supplemental information statement indicates that the existing search ring is small and the coverage needed in this area is to fill a specific gap or "hole" in coverage that the telecommunication provider has in this area. A coverage analysis was provided indicating the enhanced coverage along Euclid Street from Katella Avenue to Ball Road as well as along Cerritos Avenue from Bayless Street to Nutwood Street that would be achieved with this facility. The property was selected based on the expanded coverage area, the potential of co- location on existing SCE lattice towers, and screening of the facility's equipment due to the existing land use as a nursery. The petitioner indicates that the proposed telecommunication antennas are needed to establish network service for improved phone and data coverage for homes and roads surrounding the intersection of Cris Avenue and Euclid Street in addition to expanded coverage in the immediate vicinity. The petitioner has indicated that properties surrounding the subject parcel do not contain opportunities for a wireless telecommunications facility. (14) The Planning Department continues to discourage unscreened telecommunication facilities due to the significant cumulative visual impact on the community as a whole. The recently updated Zoning Code includes design guidelines and requirements for telecommunication facilities. Code requires wireless communication facilities be co- located where technologically feasible and visually beneficial. Staff feels "stealth" installations and co- location of the existing SCE lattice towers are the best alternative to decrease visual clutter and preserve the aesthetic quality of the community and therefore, staff recommends approval of this request- FINDINGS (15) 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 this code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses Permitted) of Section 18.66.040 (Approval Authority); Page 3 Staff Report to the Planning Commission August 8, 2005 Item No. 8 (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 proposed for use is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor 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 under the conditions imposed, if any, will not be detrimental to the health and safety of the citizens of the City of Anaheim- RECOMMENDATION (16) 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 petitioner's request by adopting the attached resolution including the findings and conditions contained herein. Page 4 [DRAFT] RESOLUTION NO. PC2005 - "" A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05002 BE GRANTED (1621 SOUTH EUCLID STREET) 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: LOT 11 OF TRACT NO. 3177, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 96, PAGES 47 AND 48 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OR SAID COUNTY. PARCEL 2: THAT PORTION OF THE NORTHEAST 1 /4 OF THE SOUTHEAST 1 /4 OF SECTION 20, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN THE CITY OF RANCHO LOS COYOTES AND LOS BOLSAS, SAN BERNARDINO BASE AND MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID SECTION, 1358.97 FEET NORTH ALONG SAID LINE FROM THE SOUTHEAST CORNER OF SAID SECTION, SAID POINT OF BEGINNING BEING THE POINT OF FROM THE SOUTHEAST CORNER OF SAID SECTION, SAID POINT OF INTERSECTION OF THE CENTERLINE OF THE TRACKS OF THE SOUTHERN PACIFIC RAILROAD AS SAID RAILROAD IS SHOWN ON A LICENSES SURVEYOR'S MAP FILED IN BOOK 17, PAGE 27 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, WITH THE EAST LINE OF SAID SECTION, THENCE WEST ALONG THE CENTERLINE OF SAID SOUTHERN PACIFIC RAILROAD, 1324.33 FEET, MORE OR LESS, TO THE SOUTHERLY EXTENSION OF THE WEST LINE OF THE PARCEL OF LAND CONVEYED TO CHARLES J. BIDDLE, A MARRIED MAN, BY DEED FILED MARCH 15, 1943, AS INSTRUMENT NO. 10019, IN THE OFFICE OF THE REGISTRAR OF TITLES OF ORANGE COUNTY, CALIFORNIA; THENCE NORTH 0° 55' EAST ALONG SAID EXTENDED WEST LINE 333.90 FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF SAID PARCEL OF LAND SO CONVEYED TO CHARLES J. BIDDLE; THENCE SOUTH89 05' EAST ALONG THE SOUTHERN LINE OF SAID LAND SO CONVEYED TO BIDDLE, 1323.30 FEET, MORE OR LESS, TO THE SOUTHEAST CORNER THEREOF BEING A POINT IN THE EAST LINE OF SECTION 20, THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION, 321.43 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. EXCEPT THERE FROM THAT PORTION LYING WITHIN THE RIGHT OF WAY OF THE SOUTHERN PACIFIC RAILROAD COMPANY. ALSO EXCEPT THAT PORTION OF SAID LAND INCLUDED WITHIN TRACT 3177, AS PER MAP RECORDED IN BOOK 96, PAGES 47 AND 48 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 August 8, 2005, 2005 at 230 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to hear and consider evidence for and against said proposed conditional use permit and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: Cr1PC2005 -0 -1- PC2005- 1. That the petitioner's proposal to permit a telecommunications facility on an existing electrical transmission tower with accessory ground- mounted equipment is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section Nos. 18.14.030.010 and 18.38.060. 2. That the proposed telecommunications facility would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the proposal co- locates the proposed antennas on an existing electrical transmission tower reducing the cumulative visual clutter of such facilities. 3. That the size and shape of the site is adequate to allow full development of the proposal in a manner not detrimental to the particular area nor to the health and safety as the telecommunication facility would be co- located on a site that already accommodates electrical lattice towers. 4. That because this is an unmanned facility with infrequent maintenance, the traffic generated by the proposed use will not, under the conditions imposed, impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 5. That granting this conditional use permit will not, under the conditions imposed, by detrimental to the health and safety of the citizens of the City of Anaheim and that the use will contribute to an essential and effective wireless communications network system. 6. That * ** indicated their presence at said public hearing in opposition, and that 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 a telecommunications facility on an existing electrical transmission tower with accessory ground- mounted equipment, 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 the telecommunication facility is approved for a period of five (5) years to expire August 8, 2010- 2. That this telecommunication facility shall be limited to no more than three (3) sectors with four (4) panel antennas on each sector on the existing electrical lattice tower with accessory ground- mounted equipment. The three (3) sectors shall be limited to a height of fifty -five (55) feet in height. No additional antennas or equipment cabinets shall be permitted without the prior approval of the Planning Commission at a noticed public hearing. 3. That the antennas shall be finished and painted to match the existing electrical lattice tower structure. If the finish or color of the tower is modified, the antennas shall be modified accordingly. Said information shall be specifically shown on the plans submitted by building permits. 4. That that ground- mounted equipment shall be located entirely within the enclosure and the cable connecting to the equipment shall be underground and shall not be visible to the public. Said information shall be specifically shown on plans submitted for building permits. 5. That all equipment, including supply cabinets and power meter shall be screened from the public right -of- way. Said information shall be specifically shown on plans submitted for building permits. 6. That the Operator shall ensure that its installation and choice of frequencies will not interfere with in the 800 MHz radio frequencies required by the City of Anaheim to provide adequate spectrum capacity for public safety and related purposes- -2- PC2005- 7. That before activating this facility, the Operator shall submit to a post - installation test to confirm that the facility does not interfere with the City of Anaheim's Public Safety radio equipment. This test shall be conducted by the Communications Division of the Orange County Sheriffs Department or a Division approved contractor at the expense of Operator. 8. That the Operator shall provide a 24 -hour telephone number to the Planning Services Division (to be forwarded to the Fire and Police Departments) to which interference problems may be reported, and shall resolve all interference complaints within 24 hours. 9. That the Operator shall provide a "single point of contact" in its Engineering and Maintenance Departments to ensure continuity on all interference issues. The name, telephone number, fax number, and e-mail address of that person shall be provided to the Planning Services Division. 10. That the Operator shall ensure that any of its contractors, sub - contractors or agents, or any other user of the facility, shall comply with the terms and conditions of this permit. 11. That should this telecommunication facility be sold, the Planning Services Divisions shall be notified within 30 days of the close of escrow. 12. That any required relocation of City electrical facilities shall be at the petitioner's expense. Landscape and /or landscape screening of all pad mounted equipment shall be required and shall be specifically shown on plans submitted for building permits. 13. That the applicant shall obtain a Right -of -Way Construction Permit from the Public Works Department for any work within the public right -of -way, including but not limited to installation of conduit, cable, and electrical service lines. 14. That the routing of the telco and power runs shall be routed within the property parallel to the existing property line and then out to the power pole. Pullboxes shall be required where the conduits change direction. Said information shall be specifically shown on plans submitted for building permits. 15. That portion of the property being leased to the telecommunication provider 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. 16. That no signs, flags, banners, or any other form of advertising shall be attached to the antennas or to the transmission tower structure. 17. That a final landscape and fencing plans shall be submitted to the Planning Services Division for review and approval. Said plan shall indicate the installation of a new 6 -foot high chain link fence and rolling gate outside of the required front setback along Euclid Street. The fence shall be covered with scrim or PVC slats to screen the interior of the property from view. The landscape plan shall indicate the shrub Juniperus Sabina planted every five (5) feet apart within the front setback along Euclid Street. Any decision by staff regarding said plans may be appealed to the Planning Commission as a Reports and Recommendations item. Said information shall be specifically shown on plans submitted for building permits. 18. That the property owner shall submit a letter requesting termination of Conditional Use Permit No. 2001- 04415 (to permit a telecommunications antenna on an existing electrical transmission tower and accessory ground- mounted equipment) and Conditional Use Permit No. 4084 (to permit an outdoor RV and boat self - storage facility with an on -site manager's office /living unit with waiver of minimum fence height, minimum landscaping for fences. block walls and minimum setback adjacent to residential zones) to the Zoning Division. 19. 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. 1A, 1B, 2, 3, 4, and as conditioned herein- -3- PC2005- 20. 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, 3, 4, 5, 8, 9, 12, 13, 14, 17, and 18 above mentioned, shall be complied with. Extensions of further time to complete said conditions may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code- 21 - That prior to final building and zoning inspections, Condition Nos. 7 and 19, above mentioned shall be complied with. 22. 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 equipment. BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 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 August 8, 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 r_\n1C&Ii 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 August 8, 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 -4- PC2005- TH t'. ALA HIS as C HOl1 P, 1,1. C 0 n Letter of Operations-Nextel at 1621 South Euclid Item No. 8 The proposed Nextel facility requires only electrical and telephone services, which are available at the site. No nuisances will be created by the proposed installation, and the facility will not endanger public safety or health. The expanded service will benefit the public. Cellular technology does not interfere with any other forms of electronic communication, public or private. Construction of the facility may be done with minimal impact to the surrounding area, and the entire complex is securely self - contained. Upon completion of the project, periodic maintenance will occur, but the site is to operate as an unmanned facility. Existing parking will be unaffected. The site is self- monitoring, and connects directly to central office computers, which alert personnel to any equipment malfunction or security breach. No on site water or sanitation facilities will be required in this proposal. Zoning Analysis Pursuant to the City of Anaheim Telecommunication Antenna guidelines, the proposed use is permitted in this Zoning District, subject to entitlement. The proposal is consistent with the City design, siting, and review guidelines for commercial antenna installation. The project calls for co- location with existing facilities, and is architecturally integrated into the existing conditions. The proposal is put forth in the least obtrusive manner possible, and is separated from areas of public access. This proposal adheres to all of the design guidelines outlined in the current City Zoning Ordinance. Compliance with Federal Regulations Nextel Communications' installations comply fully with all Federal Communications Commission (FCC) guidelines, governing construction requirements, technical standards, interference protection, power level and height restrictions, and radio frequency regulations. Additionally, Nextel will comply with all Federal Aviation Administration (FAA) standards on cellular base station operations. Nextel's facilities are proposed and built in strict accordance with all Federal (NEPA), State (CEQA) and local environmental regulations. Alternative Site Analysis The area surrounding the subject parcel does not contain opportunities for a wireless facility. This site was selected for very specific reasons: 1) The view of the intended coverage area, 2) The fact that an SCE lattice tower exists, and 3) the design of the proposal integrates well with the current zoning standards for the City of Anaheim. In addition to this, the existing layout facilitates construction in a non - invasive manner. Our goal in determining this site as one for our proposal is based on minimizing impacts, visual and others, and to adhere as closely as possible to the zoning standards set forth by the jurisdiction regarding cellular base stations. Rob Perez mobile: (310) 748-4839 Email : rperez@thealarisgroup.com CUP NQ. 2005-05302 1 11 cRaur, 1.1.0 Nature of Request 4 0 Project Synopsis- Nextel at 1621 South Euclid Nextel Communications ( "Nextel ") seeks approval of a Conditional Use Permit, and all related permits to allow the co- location of a communication facility on an existing parcel, developed with an SCE lattice tower. The proposed plan calls for twelve (12) new antennas with 4 antennas in 3 sectors. The antennas are to be mounted to the existing SCE lattice tower, at an operating center of 53' above ground level. The ancillary equipment shelter will be placed between the existing SCE tower legs, on a concrete pad. The base station is intended to provide improved coverage for the homes and roads surrounding the interscection of Cris Avenue and Euclid Street. This facility is being proposed in accordance with Nextel's FCC license requirements. Property Description The subject property is located at 1621 S. Euclid Street, Anaheim 92802. The property owner is Randall J. Smith. The property is a Transitional zone, with an existing nursery in operation on the property. The nursery has a large quantity of trees and shrubs surrounding the proposed antenna facility, which will help shield the facility from public view. In addition the property has trees in temporary containers in a row along Euclid Street which further shields the proposed facility from public view. The nearest neighboring residential property line is approximately 150' from the SCE lattice tower. The property is surrounded by security fencing, with gated access to the gravel parking lot and proposed telecom facility. This property is the only location within a one- mile radius that is appropriately zoned, meets the coverage objective, and has space for an antenna facility. Project Description Nextel Communications proposes to provide service for the area around this parcel by installing twelve (12) new antennas to an existing SCE lattice tower. The antennas are to be mounted to the existing SCE lattice tower, at an operating center of 53' above ground level. The ancillary equipment shelter will be placed between the existing SCE tower legs, on a concrete pad. Each antenna measures 48" tall by 12" wide by 4" thick. The base station is intended to provide improved coverage for the homes and roads surrounding the interscection of Cris Avenue and Euclid Street. The entire equipment area is not within any public access, and the tower footprint will not be expanded to include the Nextel equipment. Access to the project site will be gained through permission of the property owner, and will only be gained by authorized Nextel employees and contractors for construction and periodic monitoring. There are no hazardous materials produced in conjunction with this facility. No existing parking or drainage will be affected by the proposed facility. The facility is normally unmanned and will remain in operation 24 hours/7 days per week. Rob Perez mobile: (310) 748 -4839 Email : rperez ®thealarisgroup.com CUP NO. 2005- 05302