PC 2006/01/09 (2)Anaheim Planning
Commission Agenda
Monday, January 9, 2006
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 1:00 P.M.
• Staff update to Commission on various City developments and issues
(As requested by Planning Commission)
• Preliminary Plan Review for items on the January 9, 2006 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
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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 NEGATIVE DECLARATION (PREVIOUSLY - APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2871
(Tracking No. CUP2005- 05047)
Agent: Ron Sorenson, HGA Inc., 1410 Rocky Ridge Drive,
Suite 250, Roseville, CA 95661
Location: 2323 West Broadway: Property is approximately 6.5
acres, having a frontage of 454 feet on the north side of Broadway and
is located 860 feet east of the centerline of Gilbert Street (Cornelia
Connelly High School)
Request a retroactive time extension to comply with conditions of Project Planner.
approval for a previously- approved gymnasium in conjunction with an (kwon@ @ananeim.net)
existing private educational institution. Q. S. 33
1B. Receiving and approving the Minutes from the Planning Commission
Meeting of November 14, 2005. (Motion)
Continued from the November 28, and December 12, 2005, Planning
Commission meetings.
1C. Receiving and approving the Minutes from the Planning Commission
Meeting of November 28, 2005. (Motion)
Continued from the December 12, 2005, Planning Commission meeting.
1D. Receiving and approving the Minutes from the Planning Commission Request for
Meeting of December 12, 2005. (Motion) continuance to
January 23, 2006
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Page 2
2a. CEQA NEGATIVE DECLARATION
2b. WAIVER OF CODE REQUIREMENT
2c. CONDITIONAL USE PERMIT NO. 2005 -05045
2d. DETERMINATION OF PUBLIC CONVENIENCE OR
NECESSITY NO. 2005 -00023
Owner: Interpacific Asset Management, Richard Farms Trust, 5505
Garden Grove Boulevard, # 150, Westminster, CA 92683
Agent: Milestone Management, 21196 Jasmines Way, Lake
Forest, CA 92630
Location: 2011 East La Palma Avenue: Property is approximately 9
acres, located north and east of the northeast corner of
State College Boulevard and La Palma Avenue.
Conditional Use Permit No. 2005 -05045 — Request to permit a
pharmacy with a drive - through and accessory sales of alcoholic
beverages for off - premises consumption with waiver of maximum letter
height for wall signage.
Determination of Public Convenience or Necessity No. 2005 -00023 —
To permit sales of alcoholic beverages for off - premises consumption
within a proposed pharmacy.
Continued from the December 12, 2005, Planning Commission meeting. Project Planner:
( dherrick(rD anaheim. net)
Conditional Use Permit Resolution No. Q.S. 101
Public Convenience and Necessity Resolution No.
3a. CEQA NEGATIVE DECLARATION
Request continuance to
3b. WAIVER OF CODE REQUIREMENT
January 23, 2006
3c. CONDITIONAL USE PERMIT NO. 2005.05031
Owner: Mark Ghassemi, 301 East Ball Road, Anaheim, CA 92805
Agent: Patrick Anderson, 16022 Aria Circle, Huntington Beach, CA
92649
Location: 301 East Ball Road Property is approximately 0.93 -acre,
having a frontage of 150 feet on the north side of Ball Road
and is located 333 feet east of the centerline of Technology
Drive (011in International, Inc.).
Request to permit and retain an existing outdoor storage area and to
install an overhead crane to load trucks with slab materials in conjunction
with an existing wholesale building material (stone) distribution business
with waiver of minimum number of parking spaces.
Continued from the October 31, November 14, and December 12, 2005,
Project Planner.
Planning Commission meetings.
IiaramirezOananeim.net)
Conditional Use Permit Resolution No.
Q.S. 86
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Page 3
4a. CEQA CATEGORICAL EXEMPTION —CLASS 1 AND 15
Request continuance to
4b. TENTATIVE TRACT MAP NO. 16958
January 23, 2006
Owner: Anaheim Hotel Partnership, LCP, 777 Convention Way,
Suite 110, Anaheim, CA 92802
Agent: Kelly Carlyle, Psomas, 3187 Red Hill, Suite 250, Costa
Mesa, CA 92626
Location: 777 Convention Way: Property is approximately 8.5
acres, located at the northwest corner of Hotel Way and
Convention Way (Anaheim Hilton).
Request to establish a 1-lot, airspace hotel subdivision for investment
Project Planner.
t c(loresa an aheim. n et)
purposes.
Q.S. 77
Continued from the December 12, 2005, Planning Commission meeting.
5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED)
5b. CONDITIONAL USE PERMIT NO. 4073
(Tracking No. CUP2005- 05051)
Owner: Limited P. Harlo- Kinder, 9808 Pangborn Avenue, Downey,
CA 90240
Agent: Sun H Ko, Golden Pain Control, 2054 South Euclid Street,
Anaheim, CA 92802
Location: 2054 South Euclid Street, Unit H: Property is
approximately 2.43 acres located at the northeast corner of
Orangewood Avenue and Euclid Street (Golden Pain
Control).
Request for reinstatement of this permit by the modification or deletion of
a condition of approval pertaining to a time limitation (approved January
17, 2001 to expire January 3, 2006 *) to retain an acupressure (massage)
facility and to amend ** a condition of approval pertaining to hours of
operation.
Project Planner.
Advertised as January 6 * *Advertised as "delete ". pnixon @anaheim.net)
Conditional Use Permit Resolution No. Q.S. 47
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Page 4
6a. CEQA CATEGORICAL EXEMPTION - CLASS 1
6b. CONDITIONAL USE PERMIT NO. 2670
(Tracking No. CUP2005- 05048)
Owner: Beatrice Quintero, El Patio Restaurant, 1750 West La
Palma Avenue, Anaheim, CA 92805
Agent: David M. Swerdlin, Swerdlin & Associates, 31125 Via
Cristal, San Juan Capistrano, CA 92675
Location: 1750 West La Palma Avenue: Property is approximately
1.12 acres located at the southeast corner of La Palma
Avenue and Mohican Avenue (El Patio Restaurant).
Request to amend a condition of approval pertaining to hours of operation
for a previously- approved semi - enclosed restaurant with the sale of
alcoholic beverages for on- premises consumption.
Advertised as "on- premises consumption and a public dance hall"
Conditional Use Permit Resolution No.
7a. CEQA NEGATIVE DECLARATION
7b. WAIVER OF CODE REQUIREMENT
7c. CONDITIONAL USE PERMIT NO. 2005 -05042
Owner: Turner Anaheim LLC, 1500 Quail Street, Suite 150,
Newport Beach, CA 92660
Agent: Word of Faith, 13451 Pinenut Path, Corona, CA 92880
Location: 1251 North Manassero Street, Suites 403 and 404:
Property is approximately 8.1 acres located at the
northwest corner of La Palma Avenue and Manassero
Street.
Request to establish a church in an existing industrial /office complex with
waiver of minimum number of parking spaces.
Conditional Use Permit Resolution No.
H: \docs \clerical \agendas \010906.doc
Project Planner.
(a vazquez @anaheim. net)
Q.S. 45
Project Planner.
(dherrick@ anaheim. net)
Q.S. 166
(01/09/06)
Page 5
8a. CEQA NEGATIVE DECLARATION
8b. RECLASSIFICATION NO. 2005 -00172
8c. CONDITIONAL USE PERMIT NO. 2005.05052
8d. TENTATIVE TRACT MAP NO. 16974
Owner: Manasseh Bareh, 1934 Newport Boulevard, Costa Mesa,
CA 92627
Location: 648 South Magnolia Avenue: Property is approximately
0.41 -acre having a frontage of 75' feet on the east side of
Magnolia Avenue and is located 335 feet south of the
centerline of Westhaven Drive.
Advertised as 85 feet of frontage on Magnolia Avenue.
Reclassification No. 2005 -00172 — Request to reclassify the property
from the T (Transition) zone to the RM -3 (Residential, Multiple - Family)
zone or less intense zone.
Conditional Use Permit No. 2005 -05052 — Request to construct a 7 -unit
semi - attached residential condominium complex.
Tentative Tract Map No. 16974 — To establish a 1 -lot, 7 -unit semi- Project Planner
attached single - family residential condominium subdivision. Gramirez@ananeim.net)
Q.S. 20
Reclassification Resolution No.
Conditional Use Permit Resolution No.
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Page 6
9a. CEQA NEGATIVE DECLARATION
9b. GENERAL PLAN AMENDMENT NO. 2005 -00439
9c. RECLASSIFICATION NO. 2005 -00168
9d. WAIVER OF CODE REQUIREMENT
9e. CONDITIONAL USE PERMIT NO. 2005.05046
9f. TENTATIVE TRACT MAP NO. 16932
Owner: Property Reserve Inc., Attn: Mark Gibbons, 5 Triad Center,
Suite 650, Salt Lake City, Utah 84180
Agent: Jackie Rodarte, The Olson Company, 3020 Old Ranch
Parkway, Suite 400, Seal Beach, CA 90740
Location: 1731 Medical Center Drive: Property is approximately 2.5
acres, having a frontage of 462 feet on the north side of
Medical Center Drive and is located 587 feet west of the
centerline of Euclid Street.
General Plan Amendment No. 2005 -00439 — Request to redesignate
the property from the Public Institutional land use designation to the Low -
Medium Density Residential land use designation.
Reclassification No. 2005 -00168 — Request to reclassify the property
from the C -G Commercial (General Commercial) zone to the RM -3
(Residential, Multiple - Family) zone or less intense zone.
Conditional Use Permit No. 2005 -05046 — Request to permit a 32 -unit,
single - family attached residential condominium project with waivers of (a)
permitted encroachments into required street setback and (b) minimum
distance of monument sign from public right-of-way-
Tentative Tract Map No. 16932 — Request to permit a 1 -lot, 32 -unit
airspace attached residential condominium subdivision.
General Plan Amendment Resolution No.
Reclassification Resolution No.
Conditional Use Permit Resolution No.
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Project Planner.
(dherrick@ anaheim. net)
Q.S. 44
(01/09/06)
Page 7
10a. CEQA MITIGATED NEGATIVE DECLARATION
Request continuance to
10b. VARIANCE NO. 2005.04655
January 23, 2006
10c. TENTATIVE PARCEL MAP NO. 2005.157
Owner: Gary Calkins Trust, 6263 East Trail Drive, Anaheim, CA
92807
Agent: Steve Ellis, 4742 Yorba Lane, Yorba Linda, CA 92886
Location: 6263 East Trail Drive: Property is approximately 32 acres
having a frontage of 47 feet at the terminus of Trail Drive
and is located 145 feet west of the centerline of Whitestone
Drive.
Variance No. 2005 -04655 — Request waivers of (a) maximum structural
height, (b) maximum retaining wall height and (c) lot frontage on a public
or private street to construct a single - family residence.
Tentative Parcel Map No. 2005 -157 —To establish a 2 -lot, 2 -unit
Project Planner.
detached single - family residential subdivision.
(avazquez @anaheim.net)
Variance Resolution No.
Q.S. 197
Adjourn To Monday, January 23, 2006 at 1:00 P.M. for
Preliminary Plan Review.
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Page 8
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
10:00 a.m. January 6, 2006
{TIME) (DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
/~ COUN/CyIL,D,I/S~PLAY,KI(OSK
SIGNED: S4'~L2+°f.e,/ n~~ l~r^-C.~.I~
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.
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Page 9
SCHEDULE
2006
11 January 23 11
February 6
February 22 (Wed)
March 6
March 20
April 3
April 18
May 1
May 15
May 31 (Wed)
June 12
June 26
July 10
July 24
August 7
August 21
September 6 (Wed)
September 18
October 2
October 16
October 30
November 13
November 27
December 11
II December 27 (Wed) II
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Page 10
ITEM NO. 1A
RM -2 BCC KM -L ttlGUf }
R RCL 2001 063 RCL 2003 -00095 j
C -G RCL 2003 -00093
RCL 77 -78 -23 RCL 98 -99-11 RCL 98 -99-11
T RCL 28 CU 30 RCL 626328
CUP 1999 C
CUP 1999 T -CUP 20050005 -0 5034 T -CUP 2005 -05034 O
SHOPPING _T 2003 -04776 T -CUP 200304776 —g,0 T
CENTER CUP 2003 -04681 CUP 2 00 3 -046 81 W K RCL 71 -72 -02 (1)
CUP 3429 CUP 2053 CUP 3429 —¢ C RCL 71 -72 -04
CUP 307 CUP 307 Z J (Res of Intent to CL)
T -VAR 2005 -04660 T -VAR 2005 -04660 —¢ ¢ APARTMENTS
VAR 4041 VAR 4041 —I– U 264 DU
CANOPY LN 82 DU
WLU
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Q 1 U EA H
TRANSIT AVENUE
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d' = T
ACH w z 'T -CUP 2005 -05047
T -CUP 2004 -04872
CUP 2871
VAR 2277 N APARTMENTS
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(CUP 223)
PRIVATE SCHOOL
o L
MALL AVE
1
ANAHEIM CITY LIMITS
,I 860' east of the centerline I 454. ' ` — ' ' � ' 7
v of Gilbert Street BROADWAY ORANGE COUNTY LIMITS
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Conditional Use Permit No- 2871 Subject Property
TRACKING NO- CUP2005 -05047 Date: January 9, 2006
Scale: 1"=200'
Requested By: RON SORENSON Q -S- No- 33
REQUEST FOR A RETROACTIVE TIME EXTENSION TO COMPLY WITH CONDITIONS OF APPROVAL
FOR A PREVIOUSLY - APPROVED GYMNASIUM IN CONJUNCTION WITH AN EXISTING PRIVATE
EDUCATIONAL INSTITUTION.
2323 West Broadway - Cornelia Connelly High School 2137
Staff Report to the
Planning Commission
January 9, 2006
Item No. 1 -A
1 -A. REPORTS AND RECOMMENDATIONS
a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion)
b. CONDITIONAL USE PERMIT NO. 2871 - REQUEST FOR
A RETROACTIVE TIME EXTENSION TO COMPLY WITH
CONDITIONS OF APPROVAL
(TRACKING NO. CUP2005- 05047) (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 6.5 -acre property has a frontage of 454 feet on the north side of
Broadway, a maximum depth of 621 feet, and is located 860 feet east of the centerline of
Gilbert Street (2323 West Broadway — Cornelia Connelly High School).
REQUEST:
(2) The applicant requests a retroactive time extension to comply with conditions of approval for a
previously- approved gymnasium in conjunction with an existing private educational institution-
BACKGROUND
(3) The property is developed with an existing private educational institution and is zoned T
(Transition). The Anaheim General Plan Land Use Element Map designates this property for
school uses. The Anaheim General Plan Land Use Element Map further designates property
to the north for Residential Low - Medium land uses, property to the east for Residential
Medium land uses and properties to the south and west for Residential Low land uses.
(4) Conditional Use Permit No. 2871 (to permit expansion of a private educational facility) was
approved by the Planning Commission on January 5, 1987. On September 20, 2004, the
Planning Commission approved an amendment to the original approval to construct a
gymnasium in conjunction with an existing private educational institution with waiver of the
maximum structural height adjacent to a residential zone boundary.
(5) Condition No. 30 of Resolution No. 2004 -106, adopted in conjunction with the amendment to
Conditional Use Permit No. 2871, contains the following wording:
" 30. That prior to issuance of a building permit for the first tenant space or within a period of
one (1) year from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7,
8, 10, 11, 12, 13, 17, 18, 19, 20, 21, 22, 24 and 29, above - mentioned, shall be complied with.
Extensions for further time to complete said conditions may be granted in accordance with.
Extensions for further time to complete said conditions may be granted in accordance with
Chapter 18.60 of the Anaheim Municipal Code."
sr -cu p2005- 05047klw.doc
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 1 -A
DISCUSSION:
(6) This permit was approved on September 20, 2004, and expired September 20, 2005. Code
requires the application for an extension of time be submitted within 180 days of the date of
expiration (prior to March 19, 2006). The applicant has submitted the attached letter dated
October 19, 2005, requesting a retroactive extension of time. The applicant has indicated the
time extension is necessary to comply with conditions of approval. Progress towards
completing conditions of approval is anticipated subsequent to fundraising efforts by the
school to obtain building permits needed in connection with this proposal. In addition, the
grading permit applicant is currently being reviewed by the City. This is the first request for a
time extension to comply with conditions of approval and the 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.
(7) No Code amendments (including the recently updated Zoning Code) have occurred that
would cause the approval to be inconsistent with City requirements.
(8) An inspection by Community Preservation Division staff indicates that there are no
outstanding violations pertaining to this property.
ENVIRONMENTAL IMPACT ANALYSIS:
(9) Staff has reviewed the request for a retroactive extension of time to comply with conditions of
approval and the previously approved Negative Declaration and finds there are no changes to
Conditional Use Permit No. 2871 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.
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 1 -A
(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-
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 September 20, 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. 2871.
(iv) That although the project is not consistent with the Low - Medium Density
Residential land use designation of the General Plan, the resolution approving
the General Plan and Zoning Code Update exempts approved projects
provided a time extension is granted by the approval authority.
Page 3
City of Anaheim
hLANNING D~PAI2TIVI~IVT
<.
~.
43- ~ January 9, 2006
~~
Y k -
HGA Inc.
Attn: Ron Sorenson
1410 Rocky Ridge Drive, Suite 250
Roseville, CA 95661
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
January 9, 2006.
1. REPORTS AND RECOMMENDATIONS:
A. (a) CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED)
(b) CONDITIONAL USE PERMIT NO. 2871
(Tracking No. CUP2005-05047)
Agent: Ron Sorenson, HGA Inc.., 1410 Rocky Ridge Drive, Suite 250
Roseville, CA 95661
Location: 2323 West Broadway
Requests a one (1) year retroactive extension of time to comply with conditions of approval
for apreviously-approved gymnasium in conjunction with an existing private educational
institution.
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 September 20, 2006, based on the
finding that (a) 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, (b) the property has
been maintained in a safe, clean and aesthetically pleasing manner with no outstanding code
violations affecting this property, (c) 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. 2671, and (d) although the project is not consistent with the Low-
Medium Density Residential land use designation of the General Plan, the resolution
approving the General Plan and Zoning Code Update exempts approved projects provided a
time extension is granted by the approval authority.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
Cu p2005-05047k1w_Exe rp t.doc
200 Saulh Anaheim Boulevard
P.0. Bex 3222
Anaheim, Calilornia 92903
~n:w anahenn nei TEL (714)765-5139
Attachment - R &R 1 -A
MEMORANDUM
CITY OF ANAHEIM
Community Preservation Division
DATE: December 7. 2005
TO: Kimberly Wong, Planning Aide
FROM: Chris Martel, Community Preservation Officer
SUBJECT: Retroactive time extension CUP2871 Case No. CUP2005 -05047
On December 7, 2005, I conducted an inspection at the property located at 2323 W. Broadway to
request a retroactive time extension for a previously approved gymnasium in conjunction with an
existing private educational institution. The property is being maintained extremely well and
recently underwent extensive landscaping improvements at the entrance located on the South
side
A check of Community Preservation records revealed there were no prior violations regarding
the above listed property.
If you have any further questions please feel free to contact me at ext 4476.
Attachment - R &R 1 -A
RESOLUTION NO. PC2004 -106
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2871 BE GRANTED
(2323 WEST BROADWAY)
WHEREAS, on January 5, 1987, Resolution No. PC87 -05 was adopted by the Anaheim
City Planning Commission to approve Conditional Use Permit No. 2871 for an expansion to an existing
private educational institution; and
WHEREAS, the petitioner has requested to amend previously- approved exhibits to
construct a gymnasium in conjunction with the existing school.
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:
ALL THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH, RANGE
10 WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN
BOOK 51 PAGE 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH LIEN OF THE NORTHWEST QUARTER OF
THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10
WEST, S.B.B. & M. NORTH 88° 15" EAST 865.95 FEET FROM THE SOUTHWEST
CORNER OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER AND
RUNNING THENCE NORTH 0 21' 00" WEST 666.49 FEET TO A POINT ON THE
NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID
NORTHEAST QUARTER; THENCE NORTH 88 58'07" WEST 230.60 FEET FROM THE
NORTHEAST QUARTER; THENCE SOUTH 0 18' 10" EAST 666.50 FEET A POINT ON
THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER
WHICH SAID POINT IS SOUTH 88 58' 15" WEST 1548.50 FEET FROM THE
SOUTHEAST CORNER OF THE NORTH HALF OF SAID NORTHEAST QUARTER;
THENCE SOUTH 88 58' 15" WEST 225.15 FEET TO THE POINT OF BEGINNING. ALL
THAT CERTAIN LAND SITUATED IN SECTION 18, TOWNSHIP 4 SOUTH RANGE 10
WEST, IN THE RANCHO LOS COYOTES, AS SHOWN ON A MAP RECORDED IN BOOK
51 PAGES 10 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY,
CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH
LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST OF THE NORTHEAST
QUARTER OF SECTION 18, TOWNSHIP 4 SOUTH, RANGE 10 WEST, S.B.B & M.
NORTH 88 58'15" EAST 1091.10 FEET FROM THE SOUTHWEST QUARTER OF SAID
NORTHEAST QUARTER AND RUNNING THENCE NORTH 0 18' 10" WEST 666.50
FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST
QUARTER OF SAID NORTHEAST QUARTER; THENCE NORTH 88 58' 07" EAST
230.60 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 0 08'
25" EAST 666.51 FEET TO THE SOUTHEAST CORNER OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID NORTHEAST QUARTER; THENCE SOUTH 88 58'
15" WEST 228.70 FEET TO THE POINT OF BEGINNING.
Cr1PC2004 -106 -1- PC2004 -106
(TRACKING NO. CUP2004- 04872)
R &R Item No. 1 -A
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City
of Anaheim on August 9, 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
18.66.040.030, 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 August 23 and September 20, 2004 Planning Commission meetings; 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 18.14.030.040.0402, to construct a new gymnasium in conjunction with
an existing private educational institution with waiver of the following:
SECTION NO. 18.40.040.040 Maximum structural height adjacent to a
residential zone boundary (12.5 feet permitted;
1313 = 30 feet proposed)
2. 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,
as a survey of the site indicated that along the easterly property line adjacent to existing multiple family
dwellings, the new structure would be immediately adjacent to an approximately thirty (30) foot wide
driveway. Additionally, the nearest building on the adjacent property has no windows facing the school
property. Because the property is adjacent to residential on both the north and east property lines, an
undue burden is created as a result of the size of the property relative TO the existing site configuration;
and
3. That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties in identical zoning classification in the vicinity in that staff surveyed nearby properties
comparable in size and identified the Ralph's Shopping Center at the southeast corner of Lincoln Avenue
and Gilbert Street has a structure similar in height and mass to the proposed gymnasium approximately
forty feet from the adjacent residential zone boundary. There is an existing garage /storage structure
adjacent to both the north and east property lines, and an existing carport approximately four (4) feet from
the east property line. Both of these structures exceed the height limit and are situated much closer to the
property line than the proposed location of the new gymnasium. The new building would be only thirteen
feet in height at its closest point along the north elevation, and then increase to thirty feet in height at a
distance of thirty-eight feet from the property line. Along the easterly property line adjacent to existing
multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30)
foot wide driveway; and
4. That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code; and
5. 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 as the new building would be only thirteen
feet in height at its closest point along the north elevation, and then increase to thirty feet in height at a
distance of thirty -eight feet from the property line. Along the easterly property line adjacent to existing
multiple family dwellings, the new structure would be immediately adjacent to an approximately thirty (30)
foot wide driveway; and
6. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety;
d I4YX1131111
R &R Item No. 1 -A
7. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed gymnasium is
accessory to the school facilities and would not be utilized concurrently with other assembly facilities on
site; and
8. That the granting of the conditional use permit underthe conditions imposed, if any, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
9. That no one indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City
Planning Commission has reviewed the proposal to construct a new gymnasium in conjunction with an
existing private educational institution with waiver of maximum structural height adjacent to a residential
zone boundary; 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 amend in its entirety, the conditions contained in Resolution No. PC87 -05 to read as follows
1 - That the hours of operation of the facility shall be limited from 7 am to 11 pm.
2. That the enrollment of the school shall be a maximum of 320 students and staff shall consist of a
maximum of 40 teachers and administrators.
3. That the gymnasium shall not be used concurrently with the existing auditorium for special events or
assembly uses (with the exception of the art room for regular class schedules).
4. That 24 -inch box sized broad - headed evergreen trees spaced 20 feet on center shall be planted within
the side and rear setback areas adjacent to the proposed gymnasium to include 10 trees along the
north property line and 11 trees along the east property line. Said information shall be specifically
shown on plans submitted for building permits.
5. That the existing block wall along the east property line be increased to a height of six (6) feet as
required by code. Said information shall be specifically shown on plans submitted for building permits.
6. That the property owner shall install and maintain decorative wrought iron gates between the
proposed gymnasium and the north and east property lines to secure the rear and side yard areas
adjacent to the new building. Said information shall be specifically shown on plans submitted for
building permits.
7. That the setback areas along the north and east property lines shall be equipped with lighting to the
satisfaction of the Police Department. Said lighting shall be directed, positioned and shielded in such
a manner so as not to unreasonably illuminate the windows of nearby residences. Said information
shall be specifically shown on plans submitted for building permits.
8. That all plumbing downspouts, ladders and /or other similar pipes and fixtures located on the exterior
of the building shall be integrated into the architecture of the building. Said information shall be
specifically shown on the plans submitted for building permits.
Si 1SK1I113III1
R &R Item No. 1 -A
9. That the installation of streetlights as determined by the Public Utilities Department, Electrical
Engineering Division or a bond in lieu of such work shall be posted prior to occupancy.
10. That if required to serve the building, 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 the legal property owner shall submit an application for a Subdivision Map Act Certificate of
Compliance to the Public Works Department, Development Services Division for the parcel on which
the proposed building is located. A Certificate of Compliance or Conditional Certificate of Compliance
shall be approved by the City Engineer and recorded in the Office of the Orange County Recorder
prior to issuance of a building permit.
13. That prior to the issuance of grading permit, the applicant shall submit to the Public Works Department
Development Services Division for review and approval a Water Quality Management Plan that
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious areas,
maximizing permeability, minimizing directly connected impervious areas, creating reduced or "zero
discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in the DAMP.
• Describes the long -term operation and maintenance requirements for the Treatment Control BMPs.
• Identifies the entity that will be responsible for long -term operation and maintenance of the Treatment
Control BMPs, and describes the mechanism for funding the long -term operation and maintenance of
the Treatment Control BMPs.
14. That prior to issuance of a certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
15. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24)
hours from time of occurrence.
16. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and /or dead.
17. That plans shall be submitted to the City Traffic and Transportation Manager for his review and
approval showing conformance with the current version of Engineering Standard Plan Nos. 436 and
470 pertaining to parking standards and driveway locations. Subject property shall thereupon be
developed and maintained in conformance with said plans.
18. 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
C I41YZI1I111311I:1
R &R Item No. 1 -A
said Department. Said storage areas shall be designed, located and screened so as not to be readily
identifiable from adjacent streets or highways. Said information shall be specifically shown on the
plans submitted for building permits.
19. 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.
20. That the location of the trash enclosure shall be reviewed and approved by the Public Works
Department, Streets and Sanitation Division, for safety and the on -site trash truck turnaround-
21 - That four (4) foot high street address numbers shall be displayed on the roof of the building in a color
that contrasts with the roof material. The numbers shall not be visible to the adjacent streets or
properties. Said information shall be specifically shown on the plans submitted for building permits.
22. That all backflow equipment shall be located above ground and outside the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside the street
setback area in a manner fully screened from all public streets. Said information shall be specifically
shown on plans submitted to the Water Engineering and Cross Connection Control Inspector for
review and approval.
23. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Department.
24. That because this project has a landscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed in compliance with Chapter 10.19 (Landscape Water Efficiency) of Anaheim
Municipal Code and Ordinance No. 5349 regarding water conservation. Said information shall be
specifically shown on the plans submitted for building permits.
25. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service 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.
26. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, 3, 4, and 5, and as conditioned herein.
27. That doors facing the residential area to the north and east shall remain closed at all times but
unlocked for emergency access.
28. The only church activities that shall occur on the property are those that are accessory to the private
high school..
29. That the applicant shall pay a sewer impact mitigation fee for the combined West Anaheim area. The
fee is currently $521$1,000 square feet of gross floor area.
30. That prior to issuance of a building permit for the first tenant space or within a period of one (1) year
from the date of this resolution, whichever occurs first, Condition Nos. 4, 5, 6, 7, 8, 10, 11, 12, 13, 17,
18, 19, 20, 21, 22, 24 and 29, above - mentioned, shall be complied with. Extensions for further time to
complete said conditions may be granted in accordance with Chapter 18.60 of the Anaheim Municipal
Code.
�. I4YZ111131111
R &R Item No. 1 -A
31. That prior to final building and zoning inspections, Condition Nos. 9, 14 and 26, above - mentioned,
shall be complied with.
32. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
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
September 20, 2004. 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 CITY PLANNING COMMISSION
r_ \1111Ix.9i
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 September 20, 2004, by the following vote of the members thereof:
AYES: COMMISSIONERS: BUFFA, EASTMAN, FLORES, O'CONNELL, ROMERO, VANDERBILT- LINARES
VELASQUEZ
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1 2004.
SENIOR SECRETARY. ANAHEIM CITY PLANNING COMMISSION
Q. I41YZI1I111311I:1
ITEM NO. 1A
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Conditional Use Permit No-
2005 -05045
Subject Property
Determination of Public Convenience or Necessity No- 2005 -00023
Date January 9, 2006
Scale 1"=200'
Requested By INTERPACIFIC
ASSET MANAGEMENT
Q -S- No- 111
CONDITIONAL USE PERMIT
NO- 2005 -05045 — REQUEST TO CONSTRUCT
A PHARMACY WITH A
DRIVE - THROUGH AND ACCESSORY SALES
OF ALCOHOLIC BEVERAGES FOR OFF - PREMISES
CONSUMPTION WITH WAIVER OF MAXIMUM
LETTER HEIGHT FOR WALL SIGNAGE-
DETERMINATION OF PUBLIC
CONVENIENCE OR NECESSITY NO- 2005 -00023 — TO PERMIT SALES
OF ALCOHOLIC BEVERAGES FOR OFF - PREMISES CONSUMPTION WITHIN A PROPOSED PHARMACY -
2011 East La Palma Avenue
2079(2006 -1-4)
Date of Aerial Photo: May 2002
Conditional Use Permit No. 2005 -05045 = Subject Property
Determination of Public Convenience or Necessity No. 2005 -00023 Date: January 9, 2006
Scale: 1" = 200'
Requested By: INTERPACIFIC ASSET MANAGEMENT Q.S. No. 111
CONDITIONAL USE PERMIT NO. 2005 -05045 — REQUEST TO CONSTRUCT A PHARMACY WITH A
DRIVE - THROUGH AND ACCESSORY SALES OF ALCOHOLIC BEVERAGES FOR OFF - PREMISES
CONSUMPTION WITH WAIVER OF MAXIMUM LETTER HEIGHT FOR WALL SIGNAGE.
DETERMINATION OF PUBLIC CONVENIENCE OR NECESSITY NO. 2005 - 00023 —TO PERMIT SALES
OF ALCOHOLIC BEVERAGES FOR OFF - PREMISES CONSUMPTION WITHIN A PROPOSED PHARMACY
2011 East La Palma Avenue
2079(2006 -1 -6)
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
2a.
CEQA NEGATIVE DECLARATION
(Motion)
2b.
WAIVER OF CODE REQUIREMENT
(Motion)
2c.
CONDITIONAL USE PERMIT NO. 2005 -05045
(Resolution)
2d.
DETERMINATION OF PUBLIC CONVENIENCE
(Resolution)
OR NECESSITY NO. 2005 -00023
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 9.0 -acre property is located north and east of the northeast corner
of State College Boulevard and La Palm Avenue with frontages of 460 feet on the east side
of State College Boulevard and 540 feet on the north side of La Palma Avenue (2011 East
La Palma Avenue).
REQUEST:
(2) The applicant requests the following actions:
(a)
(b)
BACKGROUND:
Conditional Use Permit No. 2005 -05028 to permit a pharmacy with drive - through
and accessory sales of alcoholic beverages for off - premises consumption under
authority of Code Section No. 18.08.030.040.0402 with waiver of:
SECTION NO. 18.44.110.010.0103 Maximum Letter Height for Wall Signage
(24 inches permitted: 30 to 42- inches
proposed for the CVS logo)
Determination of Public Convenience or Necessity No. 2005 -00023 to permit
sales of alcoholic beverages for off - premises consumption in conjunction with a
proposed pharmacy.
(3) This item was continued from the December 12, 2005, Commission meeting, to allow
the applicant time to work with staff to address relocation of the trash enclosure and
compactor away from La Palma Avenue and to provide additional landscaping
adjacent to the building.
(4) This property is developed with a commercial retail shopping center, restaurant and drive
through fast food restaurant and is zoned C -G (General Commercial). The Anaheim
General Plan designates this property for Neighborhood Commercial land uses.
Surrounding properties to the north and south (across La Palma Avenue) are also
designated for Neighborhood Commercial land uses, to the east for Medium Density
Residential land uses and to west (across State College Boulevard) for General
Commercial land uses.
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this property:
(a) Conditional Use Permit No. 2003 -04742 (to permit a drive - through restaurant with
waiver of minimum number of parking spaces 827 required; 480 proposed) was
approved by the City Council on November 4, 2003 (1092 N. State College Boulevard
— Wendy's).
sr-cu p2005-05045d h fin al.doc
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
(b) Conditional Use Permit No. 2001 -04451 (to permit a restaurant with public
entertainment and on- premise sale and consumption of alcoholic beverages with
waiver of minimum number of parking spaces) was approved by the Planning
Commission on November 5, 2001.
(c) Conditional Use Permit No. 2001 -04433 (to establish land use conformity with existing
Zoning Code land use requirements for an existing commercial retail center,
laundromat and liquor store and to permit a convenience market) was approved by the
Commission on September 10, 2001. This permit was amended to allow off -sale beer
and wine within the convenience market.
(d) Conditional Use Permit No. 3642 (to retain a restaurant/nightclub expansion including
a public dance hall with on- premise sale and consumption of alcoholic beverages and
waiver of minimum number of parking spaces) was approved by Planning Commission
on November 1 1993, for a period of one year until 1994. On December 12, 1994, the
Commission approved a one -year time extension until November 1, 1995. On
January 22, 1996, the Commission approved a two -year time extension until
November 1, 1998 On December 2, 2002, the Commission approved an extension
until November 5, 2006, (1084, 1084 -A, 1086 -A North State College Boulevard — J.C.
Fandango).
(e) Conditional Use Permit No. 2608 (to permit on -sale alcohol in a proposed restaurant
and cocktail lounge with waiver of minimum number of parking spaces) was approved
by City Council on October 16, 1984, following approval by the Planning Commission
on August 20, 1984 (1086 -A North State College Boulevard — J.C. Fandango).
(f) Conditional Use Permit No.1947 (to permit on- premise sale and consumption of
alcoholic beverages and waiver of minimum number of parking spaces) was approved
by Planning Commission on April 23, 1979 (2011 E. La Palma Avenue — Stuart
Anderson's Black Angus).
(g) Conditional Use Permit No. 1685 (to permit on- premise sale and consumption of beer
and wine in an existing restaurant) was approved by Planning Commission on January
31, 1977, for a period of 5 years. A time extension was approved by the Planning
commission on February 8, 1982, to expire on January 31, 1987. No further extension
has been requested (1046 N. State College Boulevard — formerly Sun's Chinese
Restaurant).
(h) Conditional Use Permit No. 1655 (to permit on- premise sale and consumption of beer
and wine in a proposed restaurant) was approved by the Planning Commission
September 27, 1976 (1060 N. state College Boulevard formerly Angelo's Pizza
Restaurant).
(i) Variance No. 2037 (to waive the permitted uses to permit a retail tire, battery and
accessory store) was approved by City Council on January 28, 1969, following
approval by the Planning Commission on December 16, 1968.
Q) Variance No. 1912 (to permit a freestanding sign with waiver of minimum distance
between free - standing signs 300 feet separation required; 270 feet approved) was
approved by Planning Commission on August 28, 1967. This variance pertains to the
existing freestanding signage on State College Boulevard frontage.
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
DEVELOPMENT PROPOSAL:
(6) The applicant requests a conditional use permit and a determination of public convenience
or necessity to allow the retail sales of alcoholic beverages (beer and wine) for off - premises
consumption within a proposed pharmacy drug store with a drive - through facility. The
existing restaurant (Black Angus) would be demolished to facilitate the construction of the
new pharmacy.
(7) The site plan (Exhibit No. 1) indicates the following proposed setbacks:
The site plan indicates the proposed drive - through lane would be located along the south
side of the building, setback 23 feet from the property line and visible to La Palma Avenue.
Page 3
Code
Code
Direction
Required /Proposed
Required /Proposed
Building Setback
Landscape Setback
North (adjacent to the
existing commercial
N/A
N/A
center p rking area
South (adjacent to La
15 feet/45 feet to the
Palma Avenue)
building; 23 feet to the
15 feet/18 to 23 feet
drive-through lane
West (adjacent to
existing service
None /62 feet
None /5 feet
station
East (adjacent to tire
center located within
N/A
N/A
the commercial center
The site plan indicates the proposed drive - through lane would be located along the south
side of the building, setback 23 feet from the property line and visible to La Palma Avenue.
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
Entry to the drive - through lane would occur from the parking lot to the north of the proposed
pharmacy. Plans propose a length of 160 feet from the drive - through entrance to the pick
up window. Code requires that drive - through lanes be located outside the minimum
landscaped setback and that lanes have a minimum distance of one hundred (100) feet
between the start of said lane and the service window or area. The revised site plan
indicates the trash enclosure and compactor have been moved from the east side of
the building (facing La Palma Avenue) to the north side of the building (facing the
parking lot).
(8) Vehicular access to the site would be provided via one (1) existing 30 -foot wide driveway
from La Palma Avenue. The proposed pharmacy requires 71 parking spaces and the
entire commercial center 813 spaces for the entire retail center based on the following:
LOCATION
USE/TENANT
TOTAL
SQUARE
FEET
CODE-
REQUIRED
PARKING RATIO
(p er 1,000 s.f.
PARKING
REQUIRED
1046, 1048
The Reef Tropical Fish
Sto re
3,370
5.5
18.5
1052
Mariscos Restaurant
1
16
20
1054
Personnel Office
1,250
4
5
1056, 1058, 1060
Market
3,750
5.5
20.6
1062
Mom's and Baby's
Market
1,250
5.5
6.8
1064, 1068
Jimenez Party Rentals
3,750
5.5
20.6
1070,
Vacant
1,250
5.5
6.8
1072
Vacant
4
5.5
26.7
1074
Vacant
1,400
5.5
7.7
1076
Padia Taco Restaurant
1,400
16
22.4
1078
Beauty Salon
1400
5.5
7.7
1080
Laundromat
2,800
5.5
15.4
1084,1084A
&1088A
JC Fandango Dance
Club
19,188
17
326
1086 B
Just 98 Mart
6,882
5.5
37.8
1086 C
Tot Line Staffing
1,584
5.5
8.7
1088
Northern Auto Parts
8,779
5.5
482
1090
Barber
900
5.5
4.9
1092
Optometrist
900
6
5.4
1092
Wend 's Restaurant
3,245
16
51.9
1094
TV & VCR Repairs
900
5.5
4.9
1096
Liquor Store
1,440
5.5
7.9
1098
Blockbuster Video
5,400
5.5
29.7
2011
Proposed CVS Pharmacy
12,900
5.5
71
2120
Good ear Tire
7,000
5.5
38.5
TOTAL
98,247
813
(9) The floor plan for the proposed pharmacy (Exhibit No. 2) indicates a 12,900 square -foot
building including a 493 square foot cooler, employee and manager room, pharmacy, film
development center and 8,464 square feet of market display area. The cooler and sales
area devoted to alcohol display is less than one percent -of the total floor area. Code
Page 4
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
requires that the area used for alcohol display not exceed twenty -five (25 %) of the retail
sales floor area of the store.
(10) The elevation plans and color rendering (Exhibit No-3) indicate a 30 -foot high, single -story
building containing a Tower Tan colored stucco finish and a 3 -foot high ledge stone
treatment and 3 -foot wide ledge stone columns on each elevation. The plan also indicates
a white cornice trim around the roof area. The main entrance (which faces the interior of the
parking area) includes a tower element which includes windows and red trim surrounding
the glass entry doors.
(11) The elevation and sign plans (Exhibit Nos. 3 and 10) indicate the following signs:
Page 5
LETTER
COMPLIES
SIGN
NUMBER
TYPE
SIZE
HEIGHT AND TEXT
LOCATION
WITH
CODE
A
2
Wall signs
102 s.f.
42- inches
North and
Yes for size
(Channel
(CVS)
West
No for letter
Letter)
Elevation
height
24- inches (Pharmacy)
for
"CVS"
19 % inches
(24)
7- inches
(Hours)
7- inches
(Photo Center, Beauty,
Drive -Thru Pharmac
B
1
Wall Sign
52 s.f.
30- inches
South
Yes for size
(Channel
(CVS)
Elevation
No for letter
Letter)
Height
17
for
(Pharmacy)
"CVS"
14- inches
(24)
5- inches
(Hours)
7- inches
(Photo Center, Beauty,
Drive -Thru Pharmac
F
4
Directional
9 s.f.
3'/2 - inches
(1) Driveway
Complies
Sign
(La Palma
with Code
Drive Thru Pharmacy
Avenue)(1)
within planter
area
(2)
Do Not Enter
Entrance /Exit
Thank You
of drive-
through lanes
Page 5
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
HUI
2
Channel
7.75
9- inches
Located
Complies
Letter
s.f.
(Drive thru Pharmacy
above the
with Code
Full Service /Drop -off
drive - through
Only)
lanes on the
south and
7- inches
east
(Exit)
elevations
(12) Code allows the total aggregate area of wall sign(s) affixed to the face of the building to
which such sign(s) are attached to a maximum of ten percent (10 %) or two hundred (200)
square feet, whichever is less. Code further allows a maximum letter height of 24 inches
for a one story building. The proposed signs meet Code with the exception of letter height
for "CVS
(13) The site plan (Exhibit No-1) and landscape plan (Exhibit No. 4) indicate a 15 to 23 foot wide
landscape planter adjacent to La Palma Avenue and a 5 -foot wide landscaped area along
the west property line. The setback area along La Palma Avenue adjacent to the drive -
through lane would contain eighteen (18) Queen Palms, shrubs consisting of New Zealand
Flax and Japanese Privet with Daylilies, Natal Plum and Fornight Lilies groundcover. In
addition, a 3 -foot high screening hedge of Indian Hawthorn is proposed along the entire
length of the drive through lane as required by Code. The landscaped area along the west
property line would contain three (3) Carrotwood trees and the same mix of shrubs and
groundcover as proposed for the landscaped setback along La Palma Avenue. Code
requires one tree for every 20 lineal feet of street frontage (18 trees on La Palma Avenue)
and fast growing shrubbery or clinging vines planted on 3 -foot centers for the trash
enclosure. Code further requires that at least one (1) tree per 3,000 square feet of parking
area and /or vehicular accessways, two (2) trees be distributed throughout the parking area
with an average of forty -eight (48) square feet of planter area provided per required tree,
and a minimum planter dimension of five (5) feet. The landscape plans comply with Code.
Revised landscape plans indicate additional landscaping consisting of groundcover
and shrubs (same mix of shrubs and groundcover within the setback area along La
Palma Avenue) within new landscape planters at the north, south and east building
elevations with clinging vines proposed along the south and east building wall
elevations. Staff recommends that clinging vines also be added to the west and
north elevations and further recommends that the landscaping adjacent to La Palma
Avenue be bermed to a height of 3 -feet to provide additional screening of the drive -
through lane from La Palma Avenue. Staff has added a condition requiring staff
review and approval of a final landscape plan.
(14) The submitted letter of operation indicates that pharmacy would be open up to twenty -four
(24) hours per day seven (7) days a week. In addition to the pharmacy, the new store
would include the sales of school supplies, cosmetics, greeting cards, one -hour photo
processing, and general merchandise. There would also be an ancillary department for
food, sodas, juices, milk, and alcoholic (beer and wine) beverages. The gross floor area
devoted to beer and wine would not exceed ten percent (10 %) of the store's overall gross
floor area. The store would also have a dual drive through lane pharmacy to facilitate
customer "drop off' and "pick up" of medical prescriptions. All drive - through interaction
would be face to face, and would only be utilized for medical prescriptions. The business
would have 4 to 6 employees per shift.
Page 6
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
ENVIRONMENTAL IMPACT ANALYSIS:
(15) 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-
EVALUATION
(16) The accessory sales of beer and wine for off - premises consumption within a premises
which also sells packaged food products, general household goods and beverages
(Markets - Small) with a floor area of less than 15,000 square feet is permitted within the CG
zone subject to the approval of a conditional use permit.
(17) The requested waiver pertains to maximum letter height. Code permits a letter height of 24
inches for buildings 1 to 3 stories in height. The proposed pharmacy is 1 story in height
and the letter height of the wall sign would be 30 to 42 inches for the CVS logo with smaller
letters (17 to 24 inches) for the word "Pharmacy The applicant indicates that special
circumstances apply to the property that do not apply to other properties in the area in that
due to the large vertical and horizontal spans of the wall area to which the signs are
attached, a 24 inch sign would not be easily readable and would make the signs appear to
be disproportionate with the building. A copy of the applicant's justification for increased
letter height is attached to this staff report. Staff is supportive of the requested waiver for
the CVS logo to exceed the permitted letter height as the design of the sign would be
proportionate to the building.
(18) The applicant is requesting retail sales of alcoholic beverages (beer and wine only) for off -
remises consumption in conjunction with a proposed pharmacy. The Anaheim Police
Department has submitted the attached memorandum dated September 20, 2005, stating
this property is located within Police Reporting District No. 1428, which has a crime rate of
10% above City average (which is not designated as a high crime area defined as 20%
above City average). This property is also located within Census Tract No. 864.02 where
there are currently 4 licenses for retail sales of alcoholic beverages for off - premises
consumption and only 4 off -sale licenses are allowed.
(19) The petitioner has applied for the determination of public convenience or necessity in order
to obtain a Type 20 (Off -Sale Beer and Wine) license. Due to over concentration within the
Census Tract, a determination of public convenience or necessity is required from the City
of Anaheim by the Department of Alcoholic Beverage Control (ABC). The Police
Department does not oppose this request subject to the recommended conditions of
approval.
(20) Although the business would be located within an area of over concentration, the new
pharmacy would provide a variety of retail services. Because this proposal would involve
the termination of one (1) entitlement for on- premise sales and consumption of alcoholic
beverages and because beer and wine sales would be accessory to the pharmacy and
grocery sales, staff recommends approval of the request to allow for the sale of beer and
wine beverages for off - premises consumption.
Page 7
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
(21) On July 11, 1995, the Anaheim City Council adopted Resolution No. 95R -134 establishing
procedures and delegating certain responsibilities relating to issuance of licenses by the
State Department of Alcoholic Beverage Control (ABC) with regard to applications for
licenses which would otherwise be denied but for the issue of whether public convenience
or necessity would be served by issuance of the license and where the City is responsible
under State law to make such determination, the resolution delegates such determinations
to the Planning commission with the right of appeal (or review) by the City Council.
(22) Section 23958 of the Business and Professions Code provides that ABC deny an
application for a license if issuance of that license would tend to create a law enforcement
problem or if issuance would result in, or add to, an undue concentration of licenses, except
when an application has demonstrated that public convenience or necessity would be
served by the issuance of a license.
(23) That statement of justification for determination of public convenience or necessity
submitted by the petitioner (attached) indicates the sale of beer and wine is ancillary
(between three to seven percent) to the overall product mix provided by the store, and that
there are no other drive- through full service drug stores in the area that offer alcoholic
beverages for off - premises consumption. In addition, the applicant has indicated that the
sale of beer and wine will be controlled by trained staff and that there will be surveillance
cameras which are monitored by management to ensure compliance with all regulations.
(24) Staff conducted a survey of the area and identified a church (approximately 430 feet south)
of the proposed pharmacy. The surrounding properties are multiple - family residential
(approximately 104 feet south and 411 feet east) and single - family residential
(approximately 263 feet south).
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
ABC may deny any retail license located (a) within the immediate vicinity of churches and
hospitals, or (b) within 600 feet of schools, public playgrounds and non profit youth
facilities. Generally, ABC will deny a license in the above situations when there is evidence
that normal operation of the licensed premises will be contrary to public welfare and morals.
Mere proximity by itself is not sufficient to deny the license. ABC will not license a new
retail location within 100 feet of a residence unless the applicant can establish that the
operation of the proposed premises will not interfere with the quiet enjoyment of the
property by residents.
(25) The Planning Commission established a policy to determine whether a determination of
public convenience or necessity is appropriate. A copy of the Planning's Commission's
guidelines to determine public convenience or necessity is attached. Staff believes the
determination can be made based on the fact that there are currently no pharmacies in the
immediate vicinity that sell beer and wine. The increase in concentration is not significant
(four licenses are allowed and this would be the fifth). Moreover, one of the existing on-
Page 9
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
sale licenses (the existing restaurant sells alcoholic beverages for on- premises
consumption) would be eliminated due to the demolition of the restaurant for this new
pharmacy. Staff recommends that a determination of public convenience or necessity be
made and the request to permit retail sales of beer and wine for off - premises consumption
be approved.
(26) At the December 12, 2005, Commission meeting, members of the Commission
expressed concerns regarding the location of the trash enclosure and compactor
(visible from La Palma Avenue) and the lack of landscaping adjacent to the building.
The Commission directed staff to work with the applicant to address these concerns
and as a result, the site plan has modified accordingly as described earlier in this
report.
FINDINGS:
(27) 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 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
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.
(28) Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that all of the following conditions exist:
(a) That the use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
Page 10
Staff Report to the
Planning Commission
January 9, 2006
Item No. 2
RECOMMENDATION:
(29) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following action:
(a) By motion, approve a Negative Declaration.
(b) By motion, approve waiver of maximum letter height for wall signage that special
circumstances apply to the property that do not apply to other properties in the area in
that due to the large vertical and horizontal spans of the wall area to which the signs
are attached, a 24 inch sign would not be easily readable and would make the signs
appear to be disproportionate with the building.
(c) By resolution, approve Conditional Use Permit No. 2005 -05045 to permit a pharmacy
with drive - through and accessory sales of alcoholic beverages (beer and wine) for off -
premises consumption by adopting the attached resolution including the findings and
conditions contained therein.
(d) By motion, approve Determination of Public Convenience or Necessity No. 2005 -00023
to permit sales of alcoholic beverages (beer and wine) for off - remises consumption in
conjunction with a proposed pharmacy by adopting the attached resolution including
the findings and conditions contained therein.
Page 11
[DRAFT]
RESOLUTION NO. PC2006 -`
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
DETERMINING PUBLIC CONVENIENCE OR NECESSITY NO. 2005 -00023
FOR AN ALCOHOLIC BEVERAGE CONTROL LICENSE
(2011 EAST LA PALMA AVENUE)
WHEREAS, on July 11, 1995, the City Council adopted Resolution No. 95R -134
establishing procedures and delegating certain responsibilities to the Planning Commission relating to the
determination of "public convenience or necessity" on those certain applications requiring that such
determination be made by the local governing body pursuant to applicable provisions of the Business and
Professions Code, and prior to the issuance of a license by the Department of Alcoholic Beverage Control
(ABC); and
WHEREAS, Section 23958 of the Business and Professions Code provides that the ABC
shall deny an application for a license if issuance of that license would tend to create a law enforcement
problem, or if issuance would result in or add to an undue concentration of licenses, except when an
applicant has demonstrated that public convenience or necessity would be served by the issuance of a
license; and
WHEREAS, the Planning Commission of the City of Anaheim did receive an application
for a Determination of Public Convenience or Necessity to permit sales of beer and wine for off - premises
consumption within a proposed convenience market on certain real property situated in the City of
Anaheim, County of Orange, State of California, described as:
THAT PORTION OF THE WEST 11 ACRES OF THE SOUTH HALF OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10
WEST, IN THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM,
COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN
BOOK 51, PAGE 10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 1,
SAID LINE BRING ALSO THE CENTERLINE OF LA PALMA AVENUE AND THE EAST
LINE OF THE WEST 200.00 FEET OF SAID SECTION 1: THENCE NORTH 00 53' 57"
WEST ALONG SAID EAST LINE 69.00 FEET TO A LINE THAT IS PARALLEL WITH AND
LOCATED 69.00 FEET NORTH AT RIGHT ANGLES FROM SAID SOUTH LINE OF
SECTION 1 AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE
NORTH 00 53'57" WEST ALONG SAID EAST LINE, SAID EAST LINE BEING ALSO THE
WEST LINE OF PARCEL 1 AS SHOWN ON PARCEL MAP NO. 79 -242, AS PER MAP
FILED IN BOOK 136, PAGE 38 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY, 154 FEET TO THE NORTH LINE OF SAID PARCEL 1;
THENCE NORTH 89 43' 08" EAST ALONG SAID NORTH LINE 29.80 FEET, THENCE
NORTH 00 53'57" WEST 70.36 FEET; THENCE NORTH 89 43'08Y' EAST 202.93 FEET;
THENCE SOUTH 00 53' 57" EAST 119.84 FEET; THENCE NORTH 89 43' 08" EAST
62.31 FEET; THENCE SOUTH 00 53' 57" EAST 104.52 FEET TO THE
AFOREMENTIONED PARALLEL LINE WITH THE SOUTH LINE OF SAID SECTION 1;
THENCE SOUTH 89 43'08Y' WEST ALONE SAID PARALLEL LINE 295.04 FEET TO THE
TRUE POINT OF BEGINNING.
THE RIGHT TO USE THE PARKING FACILITIES OF THE ADJOINING SHOPPING
CENTER KNOWN AS GRANADA SQUARE, AS PROVIDED IN THE PARKING
AGREEMENT DATED JULY 17, 1979, EXECUTED BY A.G. RICHTER AND DORIA K.
RICHTER, RECORDED JULY 20, 1979 AS INSTRUMENT NO. 28453, OFFICIAL
RECORDS.
Cr1PC2006- -1- PC2006-
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 12, 2005, notice of said public hearing having been duly given as required
by Resolution No. 95R -134 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 determination
of public convenience or necessity for an alcoholic beverage control license to investigate and make
findings and recommendations in connection therewith; and that said item was continued to the January
9, 2006, meeting; 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 applicant demonstrated that the sale of beer and wine would be a very minor
portion of the proposed business retail sales; and that the conditions of approval limit the gross sales of
beer and wine to 35% of the all retail sales within any three (3) month period.
2. That the accessory sale of beer and wine, as proposed and as approved, will not have a
negative impact on the surrounding area due to its location adjacent to two arterial highways with no
direct access to a residential neighborhood; and that the property is located in a crime reporting district
with a crime rate of 10% above the City -wide average which is not considered a high crime area.
3. That the public convenience or necessity will be served because the applicant would
provide a convenience to potential customers traveling on eastbound La Palma Avenue and northbound
State College Boulevard and would be a pharmacy with incidental sales of beer and wine.
4. 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 sales of beer and wine for off - premises consumption
within a proposed drive through pharmacy 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 Planning Commission does hereby determine
that the public convenience or necessity will be served by the issuance of a license for sales of beer and
wine for a drive through pharmacy at this location.
1. That this business establishment shall continuously adhere to the following conditions, as
required by the Police Department:
a. That there shall be no exterior advertising or sign of any kind or type, including
advertising directed to the exterior from within, promoting or indicating the
availability of alcoholic beverages. Interior displays of alcoholic beverages
which are clearly visible to the exterior shall constitute a violation of this
condition.
b. That there shall be no display of alcoholic beverages located outside of a
building or within five (5) feet of any public entrance to the building.
c. That the area of alcoholic beverage displays shall not exceed 25% of the total
display area in the building. Said information shall be specifically indicated on
plans submitted for building permits.
d. That the sale of alcoholic beverages shall be made to customers only when
the customer is in the building-
-2- PC2006-
e. That beer and malt beverages shall not be sold in packages containing less
than a six (6) pack, and that wine coolers shall not be sold in packages
containing less than a four (4) pack.
f. That the possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages is prohibited on or around these
premises.
g. That there shall be no amusement machines, video game devices, or pool
tables located outside the building and within the control of the applicant.
h. That the gross sales of alcoholic beverages shall not exceed 35 percent of all
retail sales during any three (3) month period. The applicant shall maintain
records on a quarterly basis indicating the separate amounts of sales of
alcoholic beverages and other items. These records shall be made available
for inspection by any City of Anaheim official when requested.
2. 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 Exhibit Nos. 1 through 10, and as conditioned
herein.
3. That approval of this application constitutes approval of the proposed request only to the
extent that it complies with the Anaheim Municipal Zoning Code and any other applicable
City, State and Federal regulations. Approval does not include any action or findings as
to compliance or approval of the request regarding any other applicable ordinance,
regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each
and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be
declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this
Resolution, and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the 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 findings hereinabove set forth.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60
"Procedures" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a
City Council Resolution in the event of an appeal.
ATTEST:
CHAIRMAN, ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
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 January 9, 2006, 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
, 2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
[DRAFT]
RESOLUTION NO. PC2006 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05045 BE GRANTED
(2011 EAST LA PALMA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
THAT PORTION OF THE WEST 11 ACRES OF THE SOUTH HALF OF THE SOUTH HALF OF
THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO SAN JUAN CAJON DE SANTA ANA, CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE
10 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 1, SAID
LINE BRING ALSO THE CENTERLINE OF LA PALMA AVENUE AND THE EAST LINE OF THE
WEST 200.00 FEET OF SAID SECTION 1: THENCE NORTH 00 53' 57" WEST ALONG SAID
EAST LINE 69.00 FEET TO A LINE THAT IS PARALLEL WITH AND LOCATED 69.00 FEET
NORTH AT RIGHT ANGLES FROM SAID SOUTH LINE OF SECTION 1 AND THE TRUE POINT
OF BEGINNING OF THIS DESCRIPTION, THENCE NORTH 00 53' 57" WEST ALONG SAID
EAST LINE, SAID EAST LINE BEING ALSO THE WEST LINE OF PARCEL 1 AS SHOWN ON
PARCEL MAP NO. 79 -242, AS PER MAP FILED IN BOOK 136, PAGE 38 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, 154 FEET TO THE NORTH
LINE OF SAID PARCEL 1; THENCE NORTH 89 43'08" EAST ALONG SAID NORTH LINE 29.80
FEET; THENCE NORTH 00 53' 57" WEST 70.36 FEET; THENCE NORTH 89 43 EAST
202.93 FEET; THENCE SOUTH 00 53' 57" EAST 119.84 FEET; THENCE NORTH 89 43' 08"
EAST 62.31 FEET; THENCE SOUTH 00 53' 57" EAST 104.52 FEET TO THE
AFOREMENTIONED PARALLEL LINE WITH THE SOUTH LINE OF SAID SECTION 1; THENCE
SOUTH 89 43'08" WEST ALONE SAID PARALLEL LINE 295.04 FEET TO THE TRUE POINT
[e1m:3xe110
THE RIGHT TO USE THE PARKING FACILITIES OF THE ADJOINING SHOPPING CENTER
KNOWN AS GRANADA SQUARE, AS PROVIDED IN THE PARKING AGREEMENT DATED
JULY 17, 1979, EXECUTED BY A.G. RICHTER AND DORIA K. RICHTER, RECORDED JULY
20, 1979 AS INSTRUMENT NO. 28453, OFFICIAL RECORDS.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on December 12, 2005, notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and that said item was continued to the
January 9, 2006, meeting; 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 drive through pharmacy with accessory retail sales of beer and wine for
off - premises consumption is properly one for which a conditional use permit is authorized by Anaheim
Municipal Code Section No. 18.08.030.040.0402 with the following waiver:
Cr\PC2006- -1- PC2006-
(a) Section No. 18.44.110.010.0103 Maximum Letter Height for Wall Signage (24 inches
permitted: 30 to 42- inches proposed for the CVS
logo and 24'/2 inches proposed for Pharmacy
2. That the above mentioned waiver is hereby granted as amended by staff based on
constraints on the building elevation due to the long length that the CVS letter would not be as easily
readable and that strict application of the Zoning Code would deprive the property of privileges enjoyed by
other commercial properties along La Palma Avenue;
3. 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 because the sale of beer and wine is ancillary
to the overall product mix provided by the drive through pharmacy. The accessory sale of beer and wine, as
proposed and approved, will not have a negative impact on the surrounding area;
4. 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 health and
safety as the proposed drive through pharmacy would comply with all provisions of the Zoning Code and
would not require any waivers for development; and
5. 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
6. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim because the sale of beer and wine
is ancillary to the overall mix provided by the pharmacy and the property is located at the intersection of two
major arterials within the City and has no direct vehicle or pedestrian access to any residential area; and
7. That * ** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim Planning
Commission has reviewed the proposal to construct a drive through pharmacy with the retail sales of beer
and wine for off - premises consumption in conjunction with a commercial retail center; 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
health and safety of the Citizens of the City of Anaheim
1 - That all public phones shall be located inside the building.
2. That adequate lighting of parking lots, driveway, circulation areas, aisles, passageways, recesses and
grounds contiguous to buildings shall be provided with lighting of sufficient wattage to provide
adequate illumination to make clearly visible the presence of any person on or about the premises
during the hours of darkness and provide a safe, secure environment for all persons, property, and
vehicles on -site. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate the window areas of the adjacent residential properties. Light fixtures shall be
decorative and a maximum of 12 -feet in height. Said information shall be specifically shown on plans
submitted for Police Department, Community Services Division approval.
-2- PC2006-
3. That any tree or other landscaping planted on -site shall be replaced in a timely manner in the event
that it is removed, damaged, diseased and /or dead.
4. That no roof - mounted balloons or other inflatable devices shall be permitted on the property.
5. That no outdoor vending machines shall be permitted on the property.
6. That 4 -foot high street address numbers shall be displayed on the roof of the building in a color that
contrasts with the roof material. The numbers shall not be visible from the streets or adjacent
properties. Said information shall be specifically shown on plans submitted for building permits.
7. That there shall be no outdoor storage permitted on the premises.
8. That the property owner shall submit a letter to the Planning Services Division requesting termination
of Conditional Use Permit No, 1947.
9. That roof - mounted equipment shall be screened from view in accordance with the requirements of
Anaheim Municipal Code Section 18.38.170 pertaining to the C -G (General Commercial) Zone. Said
information shall be specifically shown on plans submitted for building permits.
10. That the property shall be permanently maintained in an orderly fashion by the provision of regular
landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from time of occurrence.
11. That there shall be no exterior advertising or sign of any kind or type, including advertising directed to
the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays
of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this
condition.
12. That there shall be no display of alcoholic beverages located outside of a building or within five (5) feet
of any public entrance to the building.
13. That the area of alcoholic beverage displays shall not exceed 25% of the total display area in the
building.
14. That the sale of alcoholic beverages shall be made to customers only when the customer is in the
building.
15. That beer and malt beverages shall not be sold in packages containing less than a six (6) pack, and
that wine coolers shall not be sold in packages containing less than a four (4) pack.
16. That the procession of alcoholic beverages in open containers and the consumption of alcoholic
beverages is prohibited on or around these premises.
17. That there shall be no amusement machines, video game devices, or pool tables located outside the
building and within the control of the applicant.
18. That the gross sales of alcoholic beverages shall not exceed 35 percent of all retail sales during any
three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of alcoholic beverages and other items. These records shall be made
available for inspection by any City of Anaheim official when requested.
19. That any graffiti painted or marked upon the premises or on any adjacent area under the control of the
licensee shall be removed or painted over within 24 hours of being applied.
20. That the petitioner shall be responsible for maintaining free of litter the area adjacent to the premises
over which they have control, as depicted.
21. That all backflow equipment shall be located above ground and outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed to
the satisfaction of the Water Engineering Division in either underground vaults or outside of the street
setback area in a manner fully screened from all public streets and alleys. Said information shall be
specifically shown on plans and approved by the Water Engineering Department-
-3- PC2006-
22. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment's of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
23. 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. Said information
shall be specifically shown on plans submitted for building permits.
24. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and /or fire line that does not meet current standards shall be
upgraded if continued use if necessary or abandoned if the existing water service is no longer needed.
The owner /developer shall be responsible for the costs to upgrade or to abandon any water service of
fire line.
25. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced
or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long -term operation and maintenance requirements for the Treatment Control
BMPs.
• Identifies the entity that will be responsible for long -term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
26. That prior to issuance of a certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed and
installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non - structural BMPs described in the
Project WQMP
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
27. That the existing driveway approach shall be removed and replaced with curb, gutter, parkway
landscaping and sidewalk. A bond shall be posted in an amount approved by the City Engineer and a
form approved by the City Attorney prior to issuance of building permit. Obtain a Right of Way
Construction Permit from the Public Works Department, Development Services Division.
Improvements must be complete prior to final building and zoning inspections.
28. That a lot line adjustment shall be submitted to the Public Works Department, Development Services
Division. The Lot Line Adjustment shall be approved by the City Engineer and recorded in the office of
the Orange County Recorder prior to issuance of a building permit.
29. That the locations for future above - ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown on
plans submitted for building permits. Plans shall also identify the specific screening treatments of each
device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.). Said
information shall be specifically shown on plans submitted for building permits.
30. That any required relocation of City electrical facilities shall be at the developer's expense-
-4- PC2006-
31. That the property owner /developer shall provide the City of Anaheim with a public utilities easement to
be determined as electrical design is completed.
32. That plans shall be submitted to the Planning Services Division for review and approval in
conformance with the current version of Engineering Standard Plan Nos. 436, and 470 pertaining to
parking standards and driveway location. Subject property shall thereupon be developed and
maintained in conformance with said plans.
33. That the drive - through lane shall be designed to meet the radius standards (minimum 16 feet interior
and 26 feet outer radius). Said information shall be specifically shown on plans submitted for building
permits.
34. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
35. That trash storage areas shall be provided and maintained in a location acceptable to the Public Works
Department and in accordance with approved plans on file with said Department. Said storage areas
shall be designed, located and screened so as not to be readily identifiable from adjacent streets or
highways. The walls of the storage areas shall be protected from graffiti opportunities by the use of
plant materials such as minimum one - gallon size clinging vines planted on maximum three -foot centers
or tall shrubbery. Said information shall be specifically shown on the plans submitted for building
permits.
36. That the project shall provide for truck deliveries on -site. Such information shall be specifically shown
on plans submitted for building permits.
37. That an Emergency Listing Card, Form ADP -281 shall be completed and submitted in a completed
form to the Anaheim Police Department.
38. That the business shall be equipped with an alary system (silent or audible) that provides a
comprehensive security system to the building perimeter and high valued storage areas.
39. That closed circuit television (CCTV) security cameras are recommended with coverage areas in the
lobby entrance and pharmacy area /drive through.
40. That all exterior doors shall be adequate security hardware.
41. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be fully
screened by architectural devices and /or appropriate building materials. Said information shall be
specifically shown on the plans submitted for building permits.
42. That final signage plans shall be submitted for review and approval to the Planning Department
indicating elimination of one of the drive -thru pharmacy signs on the south elevation and removal both
of the signs on the east elevation with replacement with one sign indicating exit only. Any decision by
staff may be appealed to the Planning Commission as a "Reports and Recommendation" item.
43. That final landscape plans shall be submitted to the Planning Services Division for review and
approval. Said plans shall incorporate minimum 24 -inch ox sized trees, vines on trellises within all
planters adjacent to the building and a 3 -foot high berm adjacent to La Palma Avenue. Any decision
by staff may be appealed to the Planning Commission as a "Reports and Recommendations" item.
44. 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 Exhibit Nos. 1 through 10, and as conditioned herein.
45. 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. 6, 8, 9, 21, 28, 29, 34, 35, 36, 37, 39, 42, 43 and 44-
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.
46. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 25 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-
-5- PC2006-
47. That prior to final building and zoning inspections, Condition Nos. 26 and 27, above mentioned, shall
be complied with. Extensions for further time to complete said conditions may be granted in
accordance with Section 18.60.170 of the Anaheim Municipal Code.
48. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
AND BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges
related to the processing of this discretionary case application within 15 days of the issuance of the final
invoice or prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all
charges shall result in delays in the issuance of required permits or the revocation of the approval of this
application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Procedures"
of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council
Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
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 January 9, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2006-
POLI Z DEPARTMENT
b•\
Special V Gl YIt1V11J L1 vlJl VI'l
i3£V i
lU: LCl /Q L1Ci'PlCll
Planning Department
L`Cl7ll: ,3CS eAlll lPllHC Ozeaa
Vice Detail
LA!{:i se te[m.be 2V'2VV"
.�.; IIRE. 2005 -a0006$
l v o Pua! 121m1.y
2011 E. La Palma
AR-ahem" CA S2
Attachment - Item No. 2
The Police Vepartment has received an WAj. Koute tineet Tor vKk
�*: ES�3'vc` w�. �l?v r'S��ssGassa E5 i�{E.icSets Fy to p$ri, rrc vFlmc+FC yener3{ in
conjunction with a charrrlacyfurug stole.
mot__ a•.... t a.:..a id'y.� ,A'.:k A , n B
I ssa lEf4aEfOn i5 wlthIn fieporling ui'f3cr:v, ',w, vf„n.,: "au El lrn...e F sate
of 15 percent above average. it is also within Census Tract Number
864.02 which has a population of 5,336. This population allows for 4 off
a'wiB Aiw ^i^eGi^, vc`r'erF+g'a r e7i a�€F4•°a pp .F iL. pr ✓C
4Vn4F 4FFGre Rr4 ri 4t
licenses in the - tract, it also allows for 6 on sale licenses and there are
presently 2 licenses in the tract,
i he Police ve{4atit7aeiti does riot oppvsc this request. The Pollee
Department would request the following conditions be placed on their
rrr to-
f) There shall be no exterior advertisingfor sign of any kind or type,
includirig advertising directed to the enter or tom =� 0 M, , promoting
or Indicating the availability of alcoholic beverages. Interior
displays of alcoholic beverages or signs which are clearly visible
fi^ the e"fi..teriz -r shat-t ciat $titYkte a %dolefion of this coein ,tlon.
2) No display of alcoholic beverages shall be located outside of a
bLi ilding or vvithin f;tre i5) feet of any p ublic entrance to the
t_..i i d
tsuit nn.
The area of alcoholic b?Ye -age disp lays shalt not eyceed 25% of
U ec t'v'.' .!.VV sy - e'v. in °u 1,J.4 .l m .
4) Sale of alcoholic beverages shall be made to customers- only
raker 4'.
.Sraueirr. notice Dq)t
425 S. Hobor Blvd.
Anaheim, CA 42 905
TYEI , qs 4; r46
PAX: 714.769.7663
Memorandum
r�ss� LJarra,lr
C11S Pharmacy
6) That beer and malt beverages shalt not be sold in packages
containing less than a six (8) pack, and that wine coolers
shalt not tie sold in packages containing less than a four (4)
parka
6) The possession of alcoholic beverages in open containers and the
consumption of alcoholic beverages is prohibited on or around
these premises.
75 The naririnn in} Y # the nrormnes shall be equipped with lightinn of
s uffiC;aritt Powar I "Itueinna" and easily d the
appearance and conduct of all persons on or about the parking lot.
additinnnIly the nysitlen of such lighting shall not disturb the
normat pr vavy and use of any neighbo in- residences.
g) There shall be no amusement machines, video game devices, or
p ool tau: = Wined � Vh J'nm t any a urns.
p^ poi: — 3 .1..,i..V„v ;..1
g) There shall he no p� �blir. telephones on the property that are
located outside the building and wiL+sin the control of the applicant.
1 d) The gross sales of alcoholic beverages shell not exceed 36
t. nt r f all retail sales during any three {3) month period. The
applicant shall maintain records on a quarterly basis indicating the
cana_rate amounts of sales of alcoholic beverages and other items.
These records shall be made available fnr inspection by any City
of Anaheim official when requested.
111 Ail r Graft's nainted or marked unnn the premises or on env
adjacent area under the control of the llcersse shall be rern ved
or painted over within 24 hours of being applied.
12) The petitioner Shall be responsible for maintaining free of litter the
area adjacent to the premises over which they have cont,al, ay
depicted.
Please contact rho at extension 1451 if you require further infnrmafinn in
regards to this matter, -
:?, >ot;+,mim4i:�?2 W-- GGGl39 2011 E La Palma CVS.doc
Page 2
Attachment - Item No. 2
CUP 2005 - 05045 /PCN 2005 -00023
POLICE REPORTING DISTRICT MAP
P.C. Date:
December 12, 2005
Proposed Site:
CVS PHARMACY
2011 E LA PALMA AVE.
1244 Police Reporting Districts
184 % + /- Percentage Above or Below the Average
Number of Crimes per District Citywide
Attachment - Item No. 2
P.C. Date:
December 12, 2005
Existing A.B.C. Sites:
854.02
FIGUEROA PASCUALTIRAOO
30 E ORANGETHORPEAVE
1
ACEVEDO GUSTAVO CESAR
1056 N STATE COLLEGE BLVD
2
TACOS V FANDANGO INC
1086 N STATE COLLEGE BLVD
3
ASKEDDANV
1096 N STATE COLLEGE BLVD
4
PC I EN tHYHISeINC
1u9eNSI AI e COLL GEHLw
S
FAHMtH FOOD JFUD all I INC
1114 NtlI HIt CVLLtlittlLW
6
ARG ENTERPRISES INC
2011 E ITS PALMA AVE
116.02 3sites in Anaheim. 23 sites in Fullehon
Legend
1
FIGUEROA PASCUALTIRAOO
30 E ORANGETHORPEAVE
e
RALPHS GROCERY COMPANY
ee E ORANGETHORPEAVE
9
MEER FOODS INC
1420 N STATE COLLEGE
117.02
No sites in Anaheim, 4 sites in
Placentia
864.06
Licenses:
10
NU MOVES
200 D4 N RIO VISTA
11
MAHAVIRAI NCO PRORATED
2540 EUA PALMA AVE
863.04
12
HUA CHENG TOM
2010 ELL NC OW AVE
13
OH MICHELLE FUN SUN
2016 E LL NCOW AVE
14
RALP ITS GROCERY COMPANY
2010 ELLNCOW AVE
15
THRIFTY PAYLESS INC
2120 ELINCOLN BLVD
16
BUS A0ItINC
COOP ELINCOLN AVE
IF
11LAVtNINC
2cm E LINCOLN AV,
18
WOO CHAE HONG
5125 STATE COLLEGE BLVD
863.01
19
tELPVPNINC
1201 EbMIAANAbl
20
UPPAL HARVEEN KALE
201 S STATE COLLEGE BLVD
21
CH AV, KENNETH JAMES
4W S STATE COLLEGE DLVR
22
KRUNAT INVESTMENT INC
425 S ST COLLEGE BLVD
23
ANGELOS DRIVE IN INC
511 S STATE COLLEGE BLVD
24
NGUYEN WM TRANG THI
541 S STATE COLLEGE BLVD
25
SPITS IN C
700 S STATE COLLEGE BLVD
26
CATIZONE ADELE
801 S STATE COLLEGE DLVR
21
MONI LLONGO JLUNANUO
G215 SI AI L COLL PCL
On
FtHHAHI ANI UNIT
US CC AI L CULLUL BLVD
864.06
2Y
KAU VVtNC
1221 tLLNCULNAM,
30
FLORES FLORA
125 N STATE COLLEGE
31
TRAN CANH HUYNH
1287 ELINCOLN AVE
32
CHAVEZ KENNETH JAMES
1287 ELINCOLN AVE
33
YEN INTERNATIONAL INC
1909 ELINCOLN AVE
34
AGUIRRE GUILLERMO MIYASAKI
1925 ELINCOLN AVE
35
SETH GULSHANA
1311 ELINCOLN AVE
36
CHODHAKULPATI
OFF N EACH ST
,I
HUHALCAVA UANILL So
Sm,UJNtASI Sl
TO
WHNNA MAIL K, CANW1NMLLC
SW,UJNtACI of
39
INIOUEZERNESTO
530 N EAST ST
864.04
40
ALBERTSONS INC
1021 N STATE COLLEGE BLVD
41
STATER BROS MARKETS
1131 N STATE COLLEGE BLVD
42
KIM JASON YOUNGCHEOL
1140 N EAST ST
43
N0RTHGATE GONZALEZ INC
1150 N EAST ST
44
ASKED DMIY
1501 E ITS PALMA AVE
45
DUARTE AVIEL
151315 E lA PALMA AVE
46
THAI D D O SPICE &JUICYINC
1521 E IS PALMA AVE
Legend
1
On Sale License
Off Sale License
Pending License
Suspended /Surrendered
Not In Use License
219.22
Census Tract
6/3/1
Licenses:
Flowed /Active / Pending
CUP 2005 - 05045 /PCN 2005 -00023
CENSUS TRACT MAP
Attachment - Item No. 2
:t.
POLICY
CITY OF ANAHEIM PLANNING COMMISSION
GUIDELINES TO DETERMINE PUBLIC CONVENIENCE OR NECESSITY (PCN)
• How significant is the "undue concentration "?
In census tracts with a few excess licenses, it may be easier to justify the need for additional
licenses when considering other factors. However, in areas with a significant number of
excess licenses, the City should carefully examine, based on submitted evidence and the
whole record, whether it would be appropriate to make the requested finding.
• How close is the proposed site to a residential neighborhood and /or school?
If the site is in close proximity to a residential neighborhood or school, then the decision on
whether to make the finding of PCN should give weight to these sensitive land uses.
How close are other alcohol outlets?
Are outlets in close proximity or are they spread throughout the census tract? If the outlet is
located near the border of the census tract, is there a cluster of outlets in the vicinity of the
outlet located in the adjoining census tracts? In some areas, there are a large number of
businesses providing alcohol in close proximity. As a result, the impact is greater than if the
same number of businesses were spread throughout the census tract. In these instances, it
may be difficult to make the finding.
• Are there similar businesses already in the area?
Is this the first business of this type or are there several similar businesses nearby? If the
product is already available, then it would be harder to justify "public need ".
• Is the sale of alcohol an integral part of the primary purpose of the business?
A "dinner house' would normally sell alcohol; however, a gas station or breakfast cafe would
not.
• Is there a history of alcohol- related problems in the area?
Determination of PCN in reporting districts that have a much higher than average crime rate
will be more difficult to justify. Likewise, even if the proposed location is in a census tract
that does not have a higher than average crime rate, it may be adjacent to one or more
reporting districts that have a higher than average crime rate.
• Are there unusual factors which are applicable to a particular location?
The establishment may cater to a specific customer such as specialty markets or warehouse
stores. In these instances, the Planning Commission may determine that the unusual
factors are sufficient to determine public convenience or necessity.
• Is the proposed site in an area which has both an overconcentration of licenses and a higher
than average crime rate?
In such instances, it may be more difficult to make the finding.
• Would a particular establishment have mitigating operational characteristics such as
increased security, limited hours of operation or bulk sales and /or temperatures not
conducive to on -site consumption?
A Determination of PCN may be justified for establishments with operational characteristics
that would offset any negative consequences of approving an additional license.
Attachment - Item No. 2
SECTION 4
APPLICANT'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: I&, 4`f ,,/ r (do
(A separate statement is required for each Cade waiver)
PERTAININGTO: 4A�SIC -NN
r
Sections 18.74.060 of the Anaheim Municipal Code requires that before any variance or Code waiver may be granted by the
Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity: and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special eircumstar�ces that apply to the property in matters such as size, shape, topography, location or
surroundings? A Yes _ No.
If your answer is "Yes," describe the special circumstances:
2. Are the special circumstances th"pply to the property different from other properties in the vicinity which are in the
same zone as your property? yYes _ No
If your answer is "yes_" describe how the property is different.
Do the special circumstances applicable to tkze�property deprive it of privileges currently enjoyed by neighbor ng
properties located within the same zone? es No
" describe the soecial circumstances:
4.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code .waiver shalt be
approved which would have the ffect of granting a special privilege not shared by other property in the same � icinity and zone
which is Sao a ire �r s authorized by zone regulations governing subject property. Use variances in not permitted.
/ ; //- -
Signature of Property r or Authorized Agent Date
CONDITIONAL USE PERMITIVARIANCE NO.
Were the speci circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ es _ No
Attachment - Item No. 2
APPLICANT'S STATEMENT OF JUSTIFICATION FOR
PUBLIC CONVENIENCE OR NECESSITY
The City Council has established procedures for the determination of Public Convenience or Necessity and has
delegated the responsibility for making such determinations to the Anaheim Planning Commission. In order to
assist the Planning Commission in its deliberations as to whether the public convenience or necessity would be
served by permitting an additional alcohol establishment within an area containing an over concentration of
licenses and/or high crime rate, please answer the following questions.
What is the primary purpose of your business? Is the sale of alcohol an essential part of the primary
purpose of the business? Please explain.
2. Are there similar businesses or a concentration of alcohol outlets in the immediate area that already provide
alcohol service? If so, how would the public convenience or necessity be served by permitting an additional
43
convenience or
not disproportic
operty for which you are requesting.a public
how permitting an additional license would
ood or school.
4. Whatpercentage of your business do you anticipate will be alcohol sales?
5. Does your business cater to a specific need or specialty which is not currently available in the area? Please
explain.
4e�6 0,�' �il�9�IC�trllCe4Gf
6. Are you proposing any specific operational measures to eliminate or limit any potential negative
consequences from the sale of alcoholic beverages? Please explain-
What type of license are you requesting from ABC? Is it an
Application Im determination of PCN.doc
zevised T' l � ;05
license within the census tract?
Attachment - Item No. 2
I a ePoint.
October 31, 2005
City of Anaheim
Planning Department
City Hall East
200 South Anaheim Boulevard,
Anaheim, CA 92805
Re: CVS /Pharmacy, NEC State College and La Palma
Justification for Increased Wall Signage
West Plant
13489 Slover Avenue
Building B
Fontana, CA 92337
Tel 909.823.1239
Fax: 909.823.2013
w Jnnagepointconn
The following sign waiver is requested to increase the letter height on 3 wall sign elevations by allowing two letter
sets at 42" tall and one letter set at 30" tall.
Per Section 18.44.110, for any wall elevation exceeding 81', up to 3 wall signs are permitted, not to exceed 10% of the
face of the building. Addttionally, signs are restricted to 24" maximum letter height if buildings are 1 to 3 stories high.
The (3) subject wall elevations fall within this category. The proposed wall signs conform to the restrictions above
stated with the exception of the letter heights. The CVS national trademarked sign standard dictates 48" letter heights
with 18" hi individual ancillary message letters. Due to the large vertical and horizontal spans of the wall area to which
the signs will be applied, (10' vertical, 42' horizontal on primary elevations), a 24" letter height is not in scale with the
building and appears disproportionate. The increased letter height improves the aesthetic appearance of the wall signs
which are fully within the 10% area restriction. The west elevation is allowed 200 sq ft and uses 152 sq ft; the north
elevation is allowed 286 sq ft and uses 152 sq ft; the south elevation is allowed 200 sq ft and uses 93.8 sq ft. The
increased letter heights also enhance visibility to motorists moving a traffic speed of 40 mph. The optimal viewing
distance for a 42" tall letter is 420', which gives the motorist adequate time to make necessary lane changes to move
into the correct drive approach. The grouping of letters and logos presents as a single sign, not multiple signs, and
directs the driver's focus to a single point.
We believe the proposed sign modifications do not conflict with the intent of the code nor do they constitute
special privileges or adverse conditions to any neighboring uses. The proposed signage will not create any traffic
safety hazards either vehicular or pedestrian in nature.
Respectfully Submitted,
Debora J. Ivey
Senior Field Activities Manager
Image Point
(714) 505 -9810
divey@imagepoint.com
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Conditional Use Permit No. 2005 -05031
Subject Property
Date: January 9, 2006
Scale: 1"=200'
Requested By: MARK GHASSEMI
Q -S- No- 95
REQUEST TO PERMIT AND RETAIN AN EXISTING OUTDOOR STORAGE AREA AND TO INSTALL
AN OVERHEAD CRANE TO LOAD TRUCKS WITH SLAB MATERIALS IN CONJUNCTION
WITH AN
EXISTING WHOLESALE BUILDING MATERIAL (STONE) DISTRIBUTION BUSINESS WITH WAIVER
OF MINIMUM NUMBER OF PARKING SPACES -
301 East Ball Road - 011in International, Inc-
2034
Staff Report to the
Planning Commission
January 9, 2006
Item No. 3
3a. CEQA NEGATIVE DECLARATION (Motion for continuance)
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2005 -05031
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 0.93 -acre property has a frontage of 150 feet on the north side of
Ball Road, a maximum depth of 295 feet, and is located 333 feet east of the centerline of
Technology Drive (301 East Ball Road - 011in International, Inc.).
REQUEST:
(2) The applicant requests to permit and retain an existing outdoor storage area and to install
an overhead crane to load trucks with slab materials in conjunction with an existing
wholesale (stone) distribution business under authority of Code Section 18.10.030.010 with
waiver of the following:
(a) SECTION NO. 18.42.040.010
Minimum number of parking spaces
(34 spaces required; 18 proposed)
BACKGROUND
(3) This item was continued from the October 31, November 14, and December 12, 2005,
Commission meetings to allow the applicant time to complete revisions to the
submitted parking study and plans.
(4) This property is developed with an existing warehouse and showroom for a wholesale
building material (stone) distribution business and is zoned I (Industrial). The Anaheim
General Plan designates this property and all surrounding properties for General
Commercial land uses.
(5) The applicant, Patrick Andersen, has submitted the attached letter dated December 30,
2005, requesting a continuance to the January 23, 2006, Commission meeting in order to
complete revisions to the submitted parking study and submit final revisions of the plans.
PREVIOUS ZONING ACTIONS:
(6) Conditional Use Permit No. 1222 (to permit an automobile frame and body repair shop in
the M -1 zone) was approved by the Planning Commission on February 22, 1971.
RECOMMENDATION:
(7) That the Commission, by motion, continue this item to the January 23, 2006, Planning
Commission meeting.
Sr- cup2005- 05031(cont010906)jpr_sryc010906
Page 1
file: / // CASES / Conditional %2OUse %2OPernilUCUP2005 -05031 /Att%2 00 10 90 6/ 4th ° /u20 Continuance %20Request.htm
From: Patrick Andersen [PAndersen@waremalcomb.com]
Sent: Friday, December 30, 2005 2:06 PM Attachment -Item No. 3
To: John Ramirez
Subject: RE: Continuance
John,
Could you please continue this item to the January 23, '06 PC Meeting, as we are still waiting for our
final revisions to the Parking Study and the Grant Deed and the Lease Agreement from the owner. All
of sets of the final plans are printed and in my car, and we should be getting the balance of the items
from the owner and traffic engineer next week.
Thanks,
Patrick
Patrick R. Andersen
Project Architect
p 949.660.9128
f 949.863.1581
c 714.381.3732
e pandersen@waremalcomb.com
WARE MALCOMS
Leading Design for Commercial Real Estate
waremalcomb.com
From: John Ramirez [mailto:JPRamirez @anaheim.net]
Sent: Thursday, December 29, 2005 3:39 PM
To: Patrick Andersen
Subject: Continuance
Hi Patrick,
Go ahead and send me a request to continue the item to the 1/23 PC meeting - since we do not have a
final parking study or the plans. My internal deadline was noon today.
Thanks,
John
file: ///H1/ CASES / Conditional %20Use %20PermiUCUP2005 - 05031 /Att%2001 0906 / 4th " /o20Cmtinumee %20Request.html /5/2006 2:30:35 AM
ITEM NO. 1A
KATELLA AVENUE
Tentative Tract Map No. 16958 Subject Property
Date January 9, 2006
Scale Graphic
Requested By ANAHEIM HOTEL PARTNERSHIP, LCP Q.S. No. 77
REQUEST TO ESTABLISH A 1 -LOT. AIRSPACE HOTEL SUBDIVISION FOR INVESTMENT PURPOSES.
777 Convention Way 2080 I
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--------------
ALL PROPERTIES
ARE IN THE ANAHIEM RESORT
A ANT
Tentative Tract Map No. 16958 Subject Property
Date January 9, 2006
Scale Graphic
Requested By ANAHEIM HOTEL PARTNERSHIP, LCP Q.S. No. 77
REQUEST TO ESTABLISH A 1 -LOT. AIRSPACE HOTEL SUBDIVISION FOR INVESTMENT PURPOSES.
777 Convention Way 2080 I
Staff Report to the
Planning Commission
January 9, 2006
Item No. 4
4a. CEQA CATEGORICAL EXEMPTION — CLASS 1 AND 15 (Motion for continuance)
4b. TENTATIVE TRACT MAP NO. 16958
SITE LOCATION AND DESCRIPTION:
(1) This approximate 8.5 acre property is located at the northwest corner of Hotel Way and
Convention Way with frontages of 606 feet on the north side of Convention Way and 680
feet on the west side of Hotel Way (777 Convention Way — Anaheim Hilton).
REQUEST:
(2) The applicant requests to establish a 1 -lot, airspace hotel subdivision for investment
purposes-
BACKGROUND
(3) This item was continued from the December 12, 2005, Commission meeting for the
applicant to provide staff with further information regarding the proposed tentative
map.
(4) This property is currently developed with the 15 story, 1,572 -room, Anaheim Hilton hotel
and is zoned SP92 -2 (Anaheim Resort Specific Plan). The Anaheim General Plan
designates the property for Commercial Recreation land uses.
(5) The applicant, Anaheim Hotel Partnership LCP, requests a continuance to the January 23,
2006, Commission meeting to provide staff with further information regarding the proposed
tentative map-
RECOMMENDATION
(6) That the Planning Commission, by motion, continue this request to the January 23, 2006,
Planning Commission meeting.
[9:AY�J:i�1 �4 i[Y:bY:I�SPI:PriSTSi
Page 1
Attachment - Item No. 4
ANAHEIM HOTEL PARTNERSHIP
777 West Convention Way, Suite 100, Anaheim, California 92802 Phone: 7141740 -4700 Pax: 714/740 -4711
December 30, 2005
Linda Johnson
Principal Planner
CITY OF ANAHEIM
Planning Department
200 South Anaheim Blvd
Anaheim, California 92805
JAN 2006
RECEIVER
PLANNING
DEPARTMENT
RE: REQUEST FOR CONTINUANCE s TENTATIVE TRACT MAP 16958
Dear Linda:
Kelly Carlyle of PSOMAS is out of town for the holidays and in her absence I am writing
this letter on behalf of Anaheim Hotel Partnership, dba: Hilton Anaheim and Anvesco,
the applicants, to request a continuance on the matter of the hearing for the above
captioned Tentative Tract Map 16958, presently scheduled to be heard at the Planning
Commission Meeting scheduled for January 9, 2006. In order to allow additional time
for clarification of the mechanism of approval, pursuant to conversations with members
of the Planning Staff, it is respectfully requested that the hearing of this matter be
continued from January 9, 2006 to the Planning Commission Meeting scheduled for
January 23, 2006.
Your assistance in this matter is greatly appreciated. You may reach me at 714/740 -4714
should you have any questions or require additional assistance.
Sincerely,
ANAHEIM HOTEL PARTNERSHIP, DBA:
HILTON ANAHEIM
RICHA R. POPE, ice President
Administration & Special Projects
cc: Stan Castleton
Kelly C. Carlyle
ITEM NO. 1A
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Conditional Use Permit No. 4073 Subject Property
TRACKING NO. CUP2005 -05051 Date: January 9, 2006
Scale: 1"=200'
Requested By: HARLO- KINDER LIMITED PARTNERSHIP Q.S. No. 58
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED JANUARY 17, 2001
TO EXPIRE JANUARY 6, 2006) TO RETAIN AN ACUPRESSURE (MASSAGE) FACILITY AND TO
AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION.
2054 South Euclid Street - Golden Pain Control (Unit H)
2115(2006 -14)
Date of Aerial Photo: May 2002
Conditional Use Permit No. 4073
TRACKING NO. CUP2005 -05051
Requested By: HARLO- KINDER LIMITED PARTNERSHIP
® Subject Property
Date: January 9, 2006
Scale: 1"=200'
Q.S. No. 58
REQUESTS REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A
CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED JANUARY 17, 2001
TO EXPIRE JANUARY 6, 2006) TO RETAIN AN ACUPRESSURE (MASSAGE) FACILITY AND TO
AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION.
2054 South Euclid Street - Golden Pain Control (Unit H)
2115(2006 -14)
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
5a. CEQA NEGATIVE DECLARATION (PREVIOUSLY - APPROVED) (Motion)
5b. CONDITIONAL USE PERMIT NO. 4073 (Resolution)
(Tracking No. CUP2005- 05051)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 2.43 -acre property is located at the northeast corner of Orangewood
Ave and Euclid Street, with frontages of 167 feet on the north side of Orangewood Avenue
and 221 feet on the east side of Euclid Street (2054 South Euclid Street, Unit H - Golden Pain
Control)
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 January 17, 2001, to expire
January 3, 2006) to retain an acupressure (massage) facility and to amend a condition of
approval pertaining to hours of operation under authority of Code Section Nos. 18.60.180 and
18.60.190.
BACKGROUND:
(3) This property is developed with a multi- tenant commercial building and is zoned C -G
(General Commercial). The Anaheim General Plan designates this property for General
Commercial land uses. Surrounding properties to the south are also designated for General
Commercial land uses, to the west (across Euclid Street) is the City of Garden Grove, to the
east for Low - Density Residential land uses and to the north for Office Low land uses.
(4) Conditional Use Permit No. 4073 to permit a 1,190 sq. ft. acupressure (massage) facility was
approved by the Planning Commission November 23, 1998, for a period of one (1) year, to
expire on November 23, 1999. Subsequently, Planning Commission approved two
reinstatements on January 3, 2000, and January 17, 2001 (Tracking No. CUP2001- 04297)
with the latest reinstatement expiring on January 3, 2006. The applicant has submitted a
letter requesting reinstatement of the permit and amendment to a condition of approval
pertaining to hours of operation. Resolution No. PC2001 -12 adopted in conjunction with
approval of this permit contains the following conditions of approval:
" 1. That the subject massage facility shall expire in five (5) years, on January 3, 2006.
2. That the hours of operation shall be limited to 10 a.m. to 9 p.m. seven (7) days a week,
with no more than four (4) employees working at any one time."
DISCUSSION:
(5) On October 26, 2005, Paul Elman and Sun Hui Ko, the applicant, submitted a request to
reinstate Conditional Use Permit No. 4073 (to permit an acupressure (massage) facility).
Code requires that reinstatements be requested within 180 days from the date of expiration
(July 3, 2006). This request for reinstatement was submitted within permitted timeframes.
(6) The applicant has also requested that Condition No. 2 pertaining to business hours be
extended an hour earlier and an hour later each day. The current hours of operation are
10:00 a.m. to 9:00 p.m. The new hours of operation would be 9:00 a.m. to 10:00 p.m. seven
(7) days a week, with no more than two (4) employees working at any one time.
(7) In order to demonstrate that the findings required for reinstatement of this conditional use
permit have been satisfied, the applicant has submitted the attached letter indicating that the
SR- CUP4073jn
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
physical aspects of the property remain the same and that surrounding land uses in the
immediate vicinity have not changed.
(8) The Community Preservation Division has submitted the attached memorandum dated
December 7, 2005, indicating that the property is in compliance with all conditions of
approval.
(9) The Anaheim Police Department has submitted the attached memorandum, dated December
2, 2005, regarding the request for reinstatement and the extended hours of operation for the
existing acupressure (massage) facility. The facility is located in Reporting District 2122,
which has a crime rate consistent with the Citywide average. The Reporting District to the
north is above the citywide average and Reporting Districts to the south and east are below
the citywide average. The area to the west across Euclid Street is Garden Grove and
therefore, no crime statistics are available. The Anaheim Police Department has indicated
there have been no vice related violations at this location within the last two (2) years. Since
the calls for service and reports taken at this business have subsided over the past year, the
Anaheim Police Department does not oppose this request and recommends a five (5) year
reinstatement.
(10) The business owner has been successful at operating in compliance with conditions of
approval. Because the business is currently operating in compliance with all conditions of
approval and because there have been no vice related violations within the past two years,
staff recommends approval of the request for an extension of the hours of operation from
9:00 a.m. to 10:00 p.m. daily, and reinstating the permit for a period of five (5) years to expire
on January 3, 2011.
� r
.. w' MAN
View of acupressure (massage) facility
SR- CUP4073jn
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
ENVIRONMENTAL IMPACT ANALYSIS:
(11) Staff has reviewed the proposal to reinstate Conditional Use Permit No. 4073 and amend
conditions of approval relating to hours of operation, and finds no significant adverse
environmental impacts. Therefore, staff recommends that the previously- approved Negative
Declaration approved in connection with Conditional Use Permit No. 4073 is adequate to
serve as the required environmental documentation in connection with this request upon
finding by the Commission that the Negative 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 (a copy of which is available for review in the Planning
Department) and any comments received that there is no substantial evidence that the
project will have a significant effect on the environment-
FINDINGS
(12) 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 use is properly one for which a conditional use permit is authorized by the
Zoning Code, or is an unlisted use as defined in Subsection .030 (Unlisted Uses
Permitted) of Section 18.66.040 (Approval Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area or to the health and
safety;
(d) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and highways designed and improved to carry the traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the health and safety of the citizens of the City of Anaheim.
(13) Subsection 18.60.180.030 of the Zoning Code requires that before the Commission grants
reinstatement of the approval by extension, modification or deletion, the applicant must
present evidence to establish the following findings:
(a) The facts necessary to support each and every required showing for the issuance of
such 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 by the approval body;
(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 amendment 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
SR- CUP4073jn
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 5
changes circumstances, the use is consistent with the City's long -term plans for the
area.
(14) The Planning Commission may revoke or modify any active land use permit on the basis of
evidence and testimony submitted at the hearing, if it finds the following:
(a) 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-
RECOMMENDATION
(15) 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, determine that the previously- approved Negative Declaration is adequate
to serve as the required environmental documentation for this request.
(b) By resolution, approve the reinstatement of Conditional Use Permit No. 4073 to
permit a 1,190 sq. ft. acupressure (massage) facility for a period of five (5) years, to
expire on January 3, 2011, and amend Condition of Approval No. 2 of Resolution No.
PC2001 -12 relating to hours of operation to allow the business to operate from 9:00
a.m. to 10:00 p.m. daily.
SR- CUP4073jn
Page 4
[DRAFT]
RESOLUTION NO. PC2006 ="'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
REINSTATING AND APPROVING CONDITIONAL USE PERMIT NO. 4073 AND
AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2001 -12
ADOPTED IN CONJUNCTION THEREWITH
(2054 SOUTH EUCLID STREET, UNIT H)
WHEREAS, on November 23, 1998, the Anaheim Planning Commission, by Resolution No.
PC98 -188, approved Conditional Use Permit No. 4073 to permit a 1,190 sq. ft. acupressure (massage)
facility at 2054 South Euclid Street, Unit H; and that Condition No. 1 specified that the conditional use permit
shall expire one (1) year from the date of the resolution, on November 23, 1999;
WHEREAS, on January 3, 2000, the Anaheim Planning Commission did, by Resolution No.
PC2000 -03, reinstate the use for one (1) year until January 3, 2001;
WHEREAS, on January 17, 2001, the Anaheim Planning Commission did, by Resolution No.
PC2001 -12, reinstate the use for five (5) years until January 3, 2006;
WHEREAS, said Resolution No. PC2001 -12 includes the following conditions of approval:
That the subject massage facility shall expire in five (5) years, on January 3, 2006" .
"2. That the hours of operation shall be limited to 10 a.m. to 9 p.m. seven (7) days a
week, with no more than four (4) employees working at any one time."
WHEREAS, the property is currently developed with a commercial shopping center in the
CG (General Commercial) zone; and the Anaheim General Plan designates this property for General
Commercial land uses; and
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for
Reinstatement of Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
PARCEL 1: THAT PORTION OF THE SOUTH ONE -HALF OF THE SOUTHWEST QUARTER OF
THE NORTHHWEST QUARTER OF SECTION 28, TOWNSHIP 4 SOUTH, RANGE 10 WEST, IN
THE RANCHO LAS BOLSAS, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 10 OF MSICELLANEOUS
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS
FOLLOWS: .
BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF TRACT NO. 3946, AS SHOWN ON A
MAP RECORDED IN BOOK 140 PAGES 33,34 AND 35, OF MISCELLANEOUS MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE GENERAL
WESTERLY LINE OF SAID TRACT NORTH 00 56'30" WEST 350.95 FEET TO THE
NORTHWEST CORNER OF LOT 5 OF SAID TRACT; THENCE WESTERLY ALONG THE
SOUTHERLY LINE OF LOTS 7 AND 8 OF SAID TRACT AND THE WESTERLY PROLONGATION
THEREOF, SAID SOUTHERLY LINES AND PROLONGATION ALSO BEING THE SOUTHERLY
LINE OF THAT CERTAIN LAND DESCRIBED IN DEED TO IRENE M. RICHTER, RECORDED IN
BOOK 4431 PAGE 457 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY, 355.00 FEET TO
THE SOUTHWESTERLY CORNER OF SAID LAND OF IRENE M. RICHTER; THENCE
SOUTHERLY ALONG THE WESTERLY LINE OF SAID SOUTH ONE -HALF 220.94 FEET TO THE
NORTHWESTERLY CORNER OF THAT CERTAIN LAND DESCRIBED IN THAT CERTAIN LEASE
BETWEEN GEORGE L. ARGYROS AND OTHERS, AND THE SOCONY MOBIL OIL COMPANY,
INC., RECORDED IN BOOK 8020 PAGE 938 OF SAID OFFICIAL RECORDS; THENCE
Cr\PC2006 -0 -1- PC2006-
EASTERLY ALONG THE NORTHERLY LINE 188.00 FEET AND SOUTHERLY ALONG THE
EASTERLY LINE 130.00 FEET OF SAID LAST MENTIONED LAND TO THE SOUTHERLY LINE
OF THAT CERTAIN LAND DESCRIBED IN QUITCLAIM DEED TO ALEX L. FISHMAN,
RECORDED IN BOOK 8020 PAGE 941 OF SAID OFFICIAL RECORDS; THENCE EASTER
ALONG SAID LAST MENTIONED SOUTHERLY LINE 167.00 FEET TO THE POINT OF
BEGINNING.
WHEREAS, the applicant has requested reinstatement of this conditional use permit to
permit a 1,190 sq. ft. acupressure (massage) facility by modifying to condition nos. 1 and 2 of Resolution No.
PC2001 -12 pertaining to a time limit, and hours of operation respectively, pursuant to Chapter 18.60 of the
Anaheim Municipal Code; and
WHEREAS, the Planning Commission did conduct a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, 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.
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 all physical aspects of the property and premises remain the same as when this use
permit was originally approved and subsequently amended; and that surrounding land uses in the immediate
vicinity have not changed.
2. That this use permit is being exercised in substantially the same manner and in conformance
with all conditions of approval.
3. That field inspection by Planning Department staff indicates that the property is in
compliance with all the conditions of approval.
4. That reinstating this use permit and modifying the hours of operation, under the conditions
imposed, will not adversely affect adjoining land uses and the growth and development of the area in which it
is located.
5. That amendment of the time limitation is necessary to permit the continued reasonable
operation of this use under the use permit as previously granted.
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 reinstate this conditional use permit to retain a 1,190 sq. ft.
acupressure (massage) facility and amend hours of operation at 2054 South Euclid Street, Unit H; and does
hereby find that the Negative Declaration previously- approved in connection with Conditional Use Permit No.
4073 is adequate to serve as the required environmental documentation in connection with this request upon
finding that the declaration reflects the independent judgment of the lead agency and that it has considered
the previously approved Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby approve reinstatement of this permit and amendment to a condition of approval pertaining to hours of
operation and further, incorporates the conditions of approval contained in Resolution No. PC2001 -12 into a
new resolution with the following conditions of approval:
-2- PC2006-
1. That this conditional use permit shall expire on January 3, 2011.
2. That, as stipulated to by the petitioner, the hours of operation shall be limited to 9:00 a.m. to 10:00 p.m.
seven (7) days a week, with no more than two (2) employees working at any one time.
3. That this business (including the conduct of all its employees) shall be operated in full compliance with
Anaheim Municipal Code Chapter 4.29 pertaining to Massage Establishments.
4. That all records of treatment shall be maintained on the premises for one (1) year and shall be made
available for inspection by any authorized City official during regular business hours.
5. That this business shall be subject to unscheduled inspections by authorized City of Anaheim
personnel in order to observe and enforce compliance with all applicable Code requirements.
6. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1 and 2, and as conditioned herein.
7. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. 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_ \1111Ix.9i
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
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 January 9, 2006, 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
, 2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
Attachment - Item No. 5
MEMORANDUM
CITY OF ANAHEIM
Community Preservation Division
DATE: DECEMBER 7, 2005
TO: JESSICA NIXON, PLANNING AIDE
SUBJECT: GOLDEN PAIN CENTER, 2054 S. EUCLID STREET REINSTATEMENT OF
CONDITIONAL USE PERMIT # 2005 -05051
This memo is written in response to your request for information regarding Golden Pain Center
located at 2054 S. Euclid Street.
Community Preservation records indicate no citizen complaints have been received regarding
this business.
On November 23, 2005, I conducted an inspection at this location and was met by the owner Sun
Hui Ko. During my inspection the business was open and operating within the conditions of
approval for Conditional Use Permit # 2005- 05051.
If you need any further information regarding this matter, please feel free to contact me at ext.
4449.
City of Anaheim
POLICE DEPARTMENT
Special Operations Division
Attachment - Item No. 5
To: Jessica Nixon
Planning Department
From: Sergeant Mike Lozeau
Vice Detail
Date: December 2, 2005
RE: CUP 2005 -05051
Golden Pain Center
2054 S. Euclid Street Suite H
Anaheim, CA 92804
The Police Department has received an I.D.C. Route Sheet for CUP
2005 - 05051. The request by the applicant is to reinstate an
acupressure (massage) facility and to delete a condition pertaining to
hours of operation.
The location is within Reporting District 2122, which has a Crime Rate
on the average mean. The Reporting District to the North is 2022 and
has a crime rate of 120 percent above average. The Reporting District
to the South is 2222 which has a crime rate of 29 percent below
average. The Reporting District to the West is Garden Grove. The
Reporting District to the East is 2123 which has a crime rate of 23
percent below average.
There have been no vice related violations at this location within the last
two years.
We do not oppose the reinstatement of this facility. However, in regard
to the hours of operation, in accordance with the Anaheim Municipal
Code section 4.29.110.0210 all facilities must close at 12 midnight. If a
client comes in at 11:30 the massage must be completed and the
business closed at Midnight.
The Police Department would be in favor of a 5 year time limitation on
their Conditional Use Permit.
If you have any further questions you may contact me at ext. 1451.
f. \home \mmimin \CUP 2005 -05051 Golden Pain Center.doc
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL 714.765.1401
FAX 714.765.1665
Attachment - Item No. 5
Golden Pain Control
November 8, 2005
City of Anaheim
Planning Department
200 S. Anaheim Blvd.
Anaheim, CA 92805
Re: Modification of Operation Hours
To: Planning Commissioners
2054 S. Eadid Ave Suite H
Anaheim, CA 92802
(714) 530.6191
1, Sun Hui Ko, am the business owner of Golden Pain Control therapeutic massage establishment and
1 would like to request 2 hours of operation time extension. Currently our CUP condition says
Operation Hours from I OAM to 9PM, however 1 get a lot of requests from our client/patients for
opening little bit earlier and closing little bit later.
1 would like to accommodate our business hours for my clients if I get the permission from your
hearing. I think this business hour modification will be a benefit for my clients and for my business
also. I wish to hear good result from Planning Commissioners' meeting.
Sincerely,
Sun Hui K' o
Golden Pain Control
............................
CUP Na -40 7 3
Attachment - Item No. 5
Harlo- Kinder Ltd. Partnership
(dba) Camphor Tree Plaza @
2054- 2060 -2090 S. Euclid Avenue
Anaheim. CA 92802
Office Mailing
8718 E. Imperial Highway 9808 Pangbom Avenue
Downey, CA 90242 Downey, CA 90240
( 562) 869 -5732 (Bus) (213) 590 -0807 (Cell) (562) 869.1142 (Fax)
October 26, 2005
City of Anaheim
Planning Department
Planning Services Division
200 S. Anaheim Blvd.
Anaheim, CA 92805
Re: Deletion of Time Restriction
To Whom It May Concern:
We are the owner of the shopping center called Camphor Tree Plaza located on Euclid
and Orangewood in Anaheim, CA.
Our tenant Golden Pain Control located at 2054 S. Euclid Suite "H" wishes the deletion
of a time restriction for her use permit/variance at her business.
We are in full agreement that she be allowed her use permit/variance without any time
restrictions. She has run her establishment in accordance with all the legal rules and
requirements of a therapeutic massage establishment and thus has established herself and
her clinic within the community as a trusted professional in her field.
Sincerely yours,
M
.r
CUP NO -40 7 3
ITEM NO. 1A
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Conditional Use Permit No. 2670
Subject Property
TRACKING NO. CUP2005 -05048
Date: January 9,
2006
Scale: 1"=200'
Requested By: BEATRICE QUINTERO
Q.S. No. 45
REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION
FOR A
PREVIOUSLY - APPROVED SEMI- ENCLOSED RESTAURANT WITH THE SALE OF ALCOHOLIC
BEVERAGES FOR ON- PREMISES CONSUMPTION.
1750 West La Palma Avenue - El Patio Restaurant
2111(2005- 12 -29)
Date of Aerial Photo: May 2002
Conditional Use Permit No. 2670
19' :41►[el LA11181011 18 -1
Requested By: BEATRICE QUINTERO
Subject Property
Date: January 9, 2006
Scale: 1" = 200'
Q.S. No. 45
REQUEST TO AMEND A CONDITION OF APPROVAL PERTAINING TO HOURS OF OPERATION FOR A
PREVIOUSLY - APPROVED SEMI - ENCLOSED RESTAURANT WITH THE SALE OF ALCOHOLIC
BEVERAGES FOR ON- PREMISES CONSUMPTION.
1750 West La Palma Avenue - El Patio Restaurant
2111(2005- 12 -29)
Staff Report to the
Planning Commission
January 9, 2006
Item No. 6
6a. CEQA CATEGORICAL EXEMPTION - CLASS 1 (Motion)
6b. CONDITIONAL USE PERMIT NO. 2670 (Resolution)
(TRACKING NO. CUP2005- 05048)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 1.12 -acre property is located at the southeast corner of La Palma
Avenue and Mohican Avenue, having frontages of 175 feet on the south side of La Palma
Avenue and 275 feet on the east side of Mohican Avenue (1750 West La Palma Avenue —
EI Patio Restaurant).
REQUEST:
(2) The petitioner requests amendment to a condition of approval pertaining to hours of operation
for a previously- approved semi - enclosed restaurant with the sale of alcoholic beverages for
on- premises consumption* under authority of Code Section 18.60.060.
Advertised as on — premises consumption and a public dance hall
BACKGROUND:
(3) This property is currently developed with a restaurant and is zoned C -G (General
Commercial). The Anaheim General Plan designates this property for General Commercial
land uses and surrounding properties as follows: Corridor Residential to the north (across La
Palma Avenue), General Commercial to the east, Low - Medium Density Residential to the
south and Low Density Residential to the west (across Mohican Avenue).
(4) Conditional Use Permit No. 2670 (to permit on- premises sale and consumption of alcoholic
beverages in a semi - enclosed restaurant) was approved by the Planning Commission on April
1, 1985. On June 17, 2002, the Commission denied a request to amend a condition of
approval pertaining to hours of operation and to permit a public dance hall as an accessory
use with on- premises sale and consumption of alcoholic beverages. On August 27, 2002, the
City Council considered the applicant's appeal of the Commission's denial. Council continued
the item to the October 15, 2002, Council meeting and referred the matter back to the
Commission for re- evaluation of a new method of operation that the applicant was
considering. On October 15, 2002, the City Council adopted Resolution No. 2002R -221,
approving the applicant's request, in part, to modify the hours of operation for a period of one
year, and deriving the public dance hall. On December 16, 2003, the Council approved the
request to amend a condition of approval for the hours of operation for a period of two (2)
years (to expire on October 14, 2005).
SR- CUP2670akv
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 6
(5) Resolution No. 2003R -244, adopted in conjunction with the modification of Conditional Use
Permit No. 2670 on December 16, 2003, contains the following condition of approval:
1. That through October 14, 2005 (for a period of two years), the hours of operation shall be
limited to the following:
Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight
Wednesday, Friday, Saturday,
and the following holidays: 11:00 a.m. to 130 a.m.
New Year's Eve New Year's Day Valentine's Day
Father's Day Fourth of July Labor Day
Halloween Thanksgiving Christmas Eve
Christmas Day
Mother's Day (Celebrated in Mexico) — May 10
Mother's Day (Celebrated in the U.S.)
That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter,
as follows:
Daily (seven days a week): 11:00 a.m. to 11:00 p.m."
K2
y`f
View of subject property looking south from La Palma Avenue
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 6
DISCUSSION:
(6) The petitioner proposes to amend a condition of approval pertaining to hours of operation in
conjunction with a previously approved semi - enclosed restaurant with on- premises sale and
consumption of alcoholic beverages. David Swerdlin, an attorney for the business owner, has
submitted a letter requesting that Condition No. 1 of Resolution No. 2003R -244 be modified to
allow the hours of operation to be extended to 11:00 a.m. to 2:00 a.m., daily.
(7) The Community Preservation Division has submitted the attached memorandum dated
December 8, 2005, pertaining to a properly compliance inspection conducted on December 3,
2005. The memorandum indicates that the restaurant appears to be operating in compliance
with all conditions of approval contained within Resolution No. 2003R -244. The memorandum
also indicates that there have been sixteen (16) complaints regarding refuse and water within
the 20 foot alley to the south of the property, but each of the violations were corrected in a
timely manner.
(8) The Anaheim Police Department submitted the attached memorandum, dated December 22,
2005, regarding the request for extended hours of operation for the existing restaurant. The
restaurant is located in Reporting District 1521, which has a crime rate of 245 percent above
average. Reporting Districts to the north, south, east and west are also above the citywide
average. The Anaheim Police Department has indicated 13 calls for service from November,
2004 through November, 2005. These calls included: 3 alarm,2 disturbing the peace, 1 felony
assault, 2 battery, 2 hit and run, 1 petty theft, 1 fight, 1 recover lost or stolen property. Of
these calls, 5 reports were taken, which included: 1 lost or stolen, 1 felony assault, 2 hit and
run, and 1 petty theft. Since the calls to service and reports taken at this business have
subsided over the past year, the Anaheim Police Department does not oppose this request.
(9) Although this reporting district and surrounding districts have crime rates above citywide
average, the number and severity of the calls for service to the business were reduced from
the previous year. The business owner and security company have been successful at
controlling the business operations and the parking lot. Because the business is currently
operating in compliance with all conditions of approval and because the number of calls for
service has been reduced, staff recommends approval of the request for an extension of the
hours of operation.
ENVIRONMENTAL IMPACT ANALYSIS:
(10) 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 State CEQA Guidelines and is, therefore, exempt from the
requirement to prepare additional environmental documentation-
FINDINGS
(11) Before the Commission grants any conditional use permit or a major amendment to an
existing 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
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 6
authorized by this code, or is an unlisted use as defined in subsection .030 (Unlisted
Uses Permitted) of Section 18.66.040 (Approval Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the
growth and development of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow
the full development of the proposed use in a manner not detrimental to the particular
area or to health and safety;
(d) That the traffic generated by the proposed use will not impose an undue
burden upon the streets and highways designed and improved to carry the traffic in
the area; and
(e) That the granting of the conditional use permit under the conditions imposed,
if any, will not be detrimental to the health and safety of the citizens of the City of
Anaheim.
(12) The Planning Commission may modify any active land use permit on the basis of evidence
and testimony submitted at the hearing, if it finds the following:
(a) 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-
RECOMMENDATION
(13) Staff recommends that, unless additional or contrary testimony 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, that the
Commission take the following actions:
(a) By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By resolution, aoorove this request for an amendment to a condition of approval for
Conditional Use Permit No. 2670 (Tracking No. CUP 2005 - 05048) pertaining to hours of
operation in conjunction with a previously approved semi - enclosed restaurant with on-
premises sale and consumption of alcoholic beverages by adopting the attached
resolution including the findings and conditions contained therein.
Page 4
[DRAFT]
RESOLUTION NO. PC2006 ="'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
AMENDING CERTAIN CONDITIONS OF APPROVAL OF
RESOLUTION NO. 2003R -244, ADOPTED IN CONNECTION WITH
CONDITIONAL USE PERMIT NO. 2670
WHEREAS, on April 1, 1985, the Anaheim City Planning Commission did, by its Resolution
No. PC85 -84, grant Conditional Use Permit No. 2670 to permit on- premises sale and consumption of
alcoholic beverages in a semi - enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6
of said resolution specifies that the hours of operation shall be limited to 11:00 a.m. to 11 p.m., seven days a
week; and
WHEREAS, on October 15, 2002, the Anaheim City Council did, by its Resolution No. 2002R-
221, amend certain conditions of approval of said Resolution No. PC85 -84, including Condition No. 1 to read
as follows
1 - That the hours of operation shall be limited to 11:00 a.m. to midnight, Sunday, Monday,
Tuesday and Thursday; and 11:00 a.m. to 1:30 a.m. on Wednesday, Friday and
Saturday; provided, however, that effective October 15, 2003, said hours of operation
shall be and remain thereafter as follows: 11:00 a.m. to 11:00 p.m., seven days a
week."
WHEREAS, on December 16, 2003, the Anaheim City Council did, by its Resolution No-
2003R-244, amend certain conditions of approval of said Resolution No. PC85 -84, including Condition No. 1
to read as follows:
1. That through October 14, 2005 (for a period of two years), the hours of operation shall be limited to
the following:
Sunday, Monday, Tuesday and Thursday:
Wednesday, Friday, Saturday,
and the following holidays:
New Year's Eve
Father's Day
Halloween
New Year's Day
Fourth of July
Thanksgiving
Mother's Day (Celebrated in Mexico) — May 1 d h
Mother's Day (Celebrated in the U.S.)
11:00 a.m. to midnight
11:00 a.m. to 130 a.m.
Valentine's Day
Labor Day
Christmas Eve Christmas Day
That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter, as
follows:
Daily (seven days a week):
11:00 a.m. to 11:00 p.m."
WHEREAS, the Anaheim Planning Commission did receive a verified application for
amendment of Conditional Use Permit for certain real property situated in the City of Anaheim, County of
Orange, State of California, described as:
SAID NORHTEAST QUARTER, 191.00 FEET; THENCE SOUTH 0 DEG. 18'37" EAST PARALLEL
WITH THE WEST LINE OF SAID NORTH HALF. 332.12 FEET TO A POINT IN THE SOUTH LINE
Cr\PC2006 -0 -1- PC2006-
OF THE SAID NORTH HALF; THENCE SOUTH 89 DEG. 50'3" WEST ALONG THE SOUTH LINE
OF SAID NORTH HALF, 191.00 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF:
THENCE NORTH 0 DEG. 18'37" WEST ALONG THE WEST LINE OF SAID NORTH HALF, 33.91
FEET TO THE POINT OF BEGINNING
WHEREAS, under authority of Section 18.60.060 of the Anaheim Municipal Code, the
petitioner has requested an amendment to Condition No. 1 of Conditional Use Permit No. 2670 pertaining to
the permitted hours of operation for the previously approved semi - enclosed restaurant with on- premises sale
and consumption of alcoholic beverages, to expand the hours of operation to 11:00 a.m. to 2 a.m., daily; and
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the use, as amended, will not adversely affect the adjoining land uses and the growth and
development of the area in which it is located; and that although the underlying reporting district and the
surrounding districts have crime rates above the citywide average, calls for service to this business were
reduced compared to the number of calls for the previous year; and that because the business is currently
operating in compliance with all terms and conditions of approval, and the use has not been operated so as to
constitute a nuisance, extending the hours of operation will not be detrimental to the peace, health and safety of
the citizens of the City of Anaheim.
2. That the size and shape of the site for the use, as amended, is adequate to allow full
development of the proposal in a manner not detrimental to the particular area nor to the peace, health, and
safety.
3. That the traffic generated by the use, as amended, will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area.
4. That the expanded hours of operation for the semi - enclosed restaurant with on -sale alcoholic
beverages are necessary to permit reasonable operation under Conditional Use Permit No. 2670 as
originally granted; and that modifying the hours, as evidenced by the reduction in calls for service, would not
negatively affect the peace, health and safety of the surrounding area.
5. 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 The Planning Commission
concurs with staffs determination that the proposed project falls within the definition of Categorical
Exemptions, Section 15301, Class 1 (Existing Facilities), as defined in the State CEQA Guidelines and is,
therefore, exempt from the requirement to prepare additional environmental documentation.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
That the hours of operation shall be limited to 11:00 a.m. to 2 a.m., seven days a week.
-2- PC2006-
2. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and /or dead.
3. That the on -site landscaping and irrigation system shall be maintained in compliance with City standards.
4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and shall be kept
closed at all times during operation of the premises except for ingress /egress, deliveries and emergencies.
5. That all existing and proposed roof - mounted equipment (including the existing satellite dish) shall be
completely screened from view in all directions by properly maintained design elements of the building.
6. That the establishment shall be operated as a "Bona Fide Public Eating Place" as defined by Section
23038 of the California Business and Professions Code.
7. That food service with a full meal shall be available from opening time until closing time, on each day of
operation.
8. That there shall be no pool tables, vending machines or arcade devices maintained upon the premises at
any time.
9. That subject alcoholic beverage license shall not be exchanged for a public premises (bar) type license nor
shall the establishment be operated as a public premise as defined in Section 23039 of the California
Business and Professions Code.
10. That the gross sales of alcoholic beverages shall not exceed 40 percent of gross sales of all retail sales
during any three (3) month period. The applicant shall maintain records on a quarterly basis indicating the
separate amounts of sales of beer and wine and other items. These records shall be made available for
inspection by any City of Anaheim official during reasonable business hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on the premises at any time
without issuance of proper permits as required by the Anaheim Municipal Code.
12. That the sales of alcohol for off - premises consumption shall be prohibited.
13. That there shall be no exterior advertising of any kind or type, including advertising directed to the exterior
from within, promoting or indicating the availability of alcoholic beverages.
14. That the activities occurring in conjunction with the operation of this establishment shall not cause noise
disturbance to surrounding properties.
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power to illuminate
and make easily discernible the appearance and conduct of all persons on or about the parking lot. Said
lighting shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate
the windows of nearby residences.
16. That the business operator shall comply with Section 24200.5 of the Business and Professions Code so as
not to employ or permit any persons to solicit or encourage others, directly or indirectly, to buy them drinks
in the licensed premises under any commission, percentage, salary, or other profit- sharing plan, scheme or
conspiracy.
17. That there shall be no public telephones on the premises located outside the building.
18. That signage shall be limited to existing and approved signs. That temporary signs and other advertising
devices shall not be permitted except when in connection with an approved Special Event Permit-
-3- PC2006-
19. That no advertising or identification of any type shall be permitted on any outdoor furniture or equipment
including umbrellas, by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion by providing regular landscape
maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24) hours from time of
occurrence.
21. That four (4) foot high address numbers shall be displayed on the flat area of the roof in a contrasting color
to the roof material, provided the numbers shall not be visible from the street or adjacent properties.
22. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2 and 3 as conditioned herein.
23. That trash storage areas shall be maintained to the satisfaction of the Public Works Department, Streets
and Sanitation Division to comply with approved plans on file with said Department.
24. That a minimum of four (4) licensed uniformed security guards, 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 guards shall
remain on -duty as determined appropriate by the Anaheim Police Department.
25. That the landscape planters shall be permanently maintained with live and healthy plant materials.
26. That no admission fee, cover charge, advance payment for meals collected at the door, or similar fees
shall be imposed on patrons as a condition of entry to the premises.
27. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4- PC2006-
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 January 9, 2006, 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
, 2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-5- PC2006-
Attachment - Item No. 6
RESOLUTION NO. 2003R -244
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ANAHEIM APPROVING AN AMENDMENT TO CERTAIN
CONDITIONS OF APPROVAL IN CONDITIONAL USE PERMIT
NO. 2670 AND AMENDING RESOLUTION NO. PC85 -84, AS
AMENDED.
WHEREAS, on April 1, 1985, the Anaheim City Planning Commission did, by its
Resolution No. PC85 -84, grant Conditional Use Permit No. 2670 to permit on -sale alcoholic
beverages in a semi - enclosed restaurant at 1750 West La Palma Avenue; and that Condition No. 6
of said resolution specifies that the hours of operation shall be limited to 11:00 a.m. to 11 p.m.,
seven days a week; and
WHEREAS, on October 15, 2002, the Anaheim City Council did, by its Resolution
No. 2002R -221, amend certain conditions of approval of said Resolution No. PC85 -84, including
Condition No. 1 to read as follows:
11 1. That the hours of operation shall be limited to 11:00 a.m. to midnight,
Sunday, Monday, Tuesday and Thursday; and 11:00 a.m. to 1:30 a.m. on
Wednesday, Friday and Saturday; provided, however, that effective October 15,
2003, said hours of operation shall be and remain thereafter as follows: 11:00
a.m. to 11:00 p. m., seven days a week."
WHEREAS, the City Planning Commission did hold a public hearing at the Civic
Center in the City of Anaheim on October 20, 2003, at 1:30 p.m., notice of said public hearing
having been duly given a., required by lava and in accordance with the provisions of Ltte . ^.aheim
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, adopted its Resolution No. PC2003 -139 amending and restating the conditions of approval
in Conditional Use Permit No. 2670; and
WHEREAS, within the time permitted by law, the applicant did appeal said Planning
Commission decision to the City Council of the City of Anaheim; and
WHEREAS, the City Council held a duly noticed public hearing on December 16,
2003, at which hearing the City Council did receive and consider evidence, both oral and
documentary, relating to said request; and
WHEREAS, the City Council hereby finds and determines that the amendment of
said conditions of approval in the manner hereinafter set forth is reasonably necessary to protect the
public peace, health.. safety or general welfare, or necessary to permit reasonable operation under
said conditional use permit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Anaheim that the conditions of approval in Conditional Use Permit No. 2670 as heretofore imposed
in Resolution No. PC85 -84, as amended and restated in Resolution No. 2002R -221 be, and the same
are hereby, amended and restated in their entirety:
11 1. That through October 14, 2005 (for a period of two years), the hours of operation shall be
limited to the following:
Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight
Wednesday, Friday, Saturday,
and the following holidays: 11:00 a.m. to 1:30 a.m.
New Year's Eve New Year's Day Valentine's Day
Father's Day Fourth of July Labor Day
Halloween Thanksgiving Christmas Eve
Christmas Day
Mother's Day (Celebrated in Mexico) - May 10th
Mother's Day (Celebrated in the U.S.)
That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter,
as follows:
Daily (seven days a week):
11:00 a.m. to 11:00 p.m."
2. That any tree planted on -site shall be replaced in a timely manner in the event that it is
ed, damaged, diseased anw dies.
3. That the on -site landscaping and irrigation system shall be maintained in compliance with
City of Anaheim standards.
4. That all doors serving the restaurant shall conform to Uniform Fire Code requirements and
shall be kept closed at all times during operation of the premises except for ingress /egress, deliveries
and emergencies.
5. That all existing and proposed roof - mounted equipment (including the existing satellite dish)
shall be completely screened from view in all directions by properly maintained design elements of
the building.
6. That the establishment shall be operated as a "bona fide public eating place" as defined by
Section 23038 of the California Business and Professions Code.
7. That food service with full meals shall be available from opening time until closing time on
each day of operation.
8. That there shall be no pool tables, vending machines or arcade devices maintained upon the
premises at any time.
- 2 -
9. That subject alcoholic beverage license shall not be exchanged for a "public premises" (bar)
type license nor shall the establishment be operated as a "public premises' as defined in Section
23039 of the California Business and Professions Code.
10. That the gross sale of alcoholic beverages shall not exceed forty percent (40 %) of the gross
sales of all retail sales during any three (3) month period. The applicant shall maintain records on a
quarterly basis indicating the separate amounts of sales of beer and wine and other items. These
records shall be made available for inspection by any City of Anaheim official during reasonable
business hours.
11. That there shall be no live entertainment, amplified music or dancing permitted on the
premises at any time without the proper permits having first been issued, as required by the
Anaheim Municipal Code.
12. That the sales of alcoholic beverages for off - premises consumption shall be prohibited.
13. That there shall be no exterior advertising of any kind or type, including advertising directed
to the exterior of the building from inside, promoting or indicating the availability of alcoholic
beverages.
14. That the activities occurring in conjunction with the operation of this establishment shall not
cause noise disturbance to surrounding properties.
15. That the parking lot serving the premises shall be equipped with lighting of sufficient power
to illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot. Said lighting shall be directed, positioned and shielded in such a manner so as not to
unreasonably illuminate t he windows of nearby residences.
16. That the business operator shall comply with Section 24200.5 of the Business and
Professions Code so as not to employ or permit any persons to solicit or encourage others, directly
or indirectly, to buy them drinks in the licensed premises under any commission, percentage, salary,
or other profit - sharing plan, scheme or conspiracy.
17. That there shall be no public telephones on the premises, which telephones are located
outside the building.
18. That signage shall be limited to the existing and approved signs; and that temporary signs
and other advertising devices shall not be permitted except in connection with a Special Event
Permit approved and issued by the Planning Department.
19. That no advertising or identification of any type shall be permitted on any outdoor furniture
or equipment, including umbrellas, by illustration, text or any other means of visual communication.
20. That the property shall be permanently maintained in an orderly fashion through the
provision of regular landscaping maintenance, removal of trash or debris, and removal of graffiti
within twenty four (24) hours from time of occurrence.
- 3 -
21. That four (4) foot high address numbers shall be displayed on the flat area of the building
roof in a contrasting color to the roof material, provided that the numbers shall not be visible from
adjacent streets or properties.
22. That subject property shall be developed substantially in accordance with plans and
specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
the Planning Department marked Exhibit Nos. 1, 2 and 3, as conditioned herein.
23. That trash storage areas shall be maintained to the satisfaction of the Public Works
Department, Streets and Sanitation Division, and in compliance with approved plans on file with
said Department.
24. That a minimum of four (4) licensed uniformed security guards, 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 guards shall remain on -duty as determined to be appropriate by the Police Department.
25. That the landscape planters shall be permanently maintained with live and healthy plants.
26. That approval of this proposal 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.
"27. That no admission fee, cover charge, advance payment for meals collected at the door, or
similar fees shall be imposed on patrons as a condition of entry to the premises."
BE IT FURTHER RESOLVED that, except as expressly amended herein, Resolution
No. PC85 -84, as amended, shall remain in full force and effect.
THE FOREGOING RESOLUTION is approved and adopted by the City Council of
the City of Anaheim this 16` day of December, 2003.
MAYOR OF THIrCITYOF ANAHEIM
ATTEST:
C Y CLERK OF THE CITY OF ANAHEIM
s24FV.1
- 4 -
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 -244 was introduced and adopted at a regular meeting provided by law, of
the Anaheim City Council held on the 16th day of December 2003, by the following vote of the
members thereof:
AYES:
MAYOR/COUNCIL MEMBERS:
Pringle, Tait, Chavez, Hernandez
NOES:
MAYOR /COUNCIL MEMBERS:
None
ABSTAINED:
MAYOR /COUNCIL MEMBERS:
None
ABSENT:
MAYOR/COUNCIL MEMBERS:
McCracken
CITY CLERK OF THE CITY OF ANAHEIM
( SEAL)
Attachment - Item No. 6
MEMORANDUM
CITY OF ANAHEIM
Community Preservation Division
DATE: DECEMBER 8, 2005
TO: AMY VAZQUEZ, PLANNER
FROM: DON YOURSTONE, SENIOR COMMUNITY PRESERVATION OFFICER
SUBJECT: EL PATIO RESTAURANT, 1750 W. LA PALMA AVE. REINSTATEMENT OF
CONDITIONAL USE PERMIT 2670
This memo is written in response to your request for information regarding El Patio Restaurant
located at 1750 W. La Palma Ave.
Community Preservation records indicate since 1/6/05 sixteen citizen complaints have been
received regarding refuse and waste matter and graffiti in the 20 foot alley easement located on
the south side of the property. All of the violations have been corrected.
If Conditional Use Permit # 2670 is approved this would eliminate any further refuse and waste
matter or graffiti in this area.
On December 3, 2005, I conducted an inspection of the El Patio Restaurant and was met by the
owner Beatrice Quintero. During my inspection the business was open and operating within the
conditions of approval for Conditional Use Permit # 2670.
If you need further information regarding this matter, please feel free to contact me at ext. 4451.
m1004dy
City of Anaheim
POLICE DEPARTMENT
Special Operations Division
Attachment- Item No. 6
To: Amy Vazquez
Planning Department
From: Sergeant Mike Lozeau
Vice Detail
Date: December 22, 2005
RE: CUP 2005 -05048
El Patio Restaurant
1750 W. La Palma
Anaheim, CA 92801
The Police Department received an I.D.C. Route Sheet for Conditional
Use Permit 2005 - 05048. The applicant is requesting to amend the
conditions of approval to extend the hours of operation for an existing
restaurant and public dance hall to stay open until 2:00 am every night.
The location is within Reporting District 1521, which has a crime rate of
245 percent above average. The Reporting District to the north is 1421
and has a crime rate of 94 percent above average. The Reporting
District to the south is the 1621 and has a crime rate of 64 percent
above average. The Reporting District to the west is 1520 and has a
crime rate of 12 percent above average. The Reporting District to the
east is 1522 and has a crime rate of 168 percent above average.
From November 2004 thru November 2005 this location had 13 calls for
service related to the business. These calls consist of: 3 alarm-2
disturbing the peace, 1 felony assault, 2 battery, 2 hit and run, 1 petty
theft, 1 fight, 1 recover lost or stolen property.
Of the above listed calls for service 5 reports were taken. These reports
consist of 1 lost or stolen, 1 felony assault, 2 hit and run, and 1 petty
theft.
The Anaheim Police Department would recommend approval of this
request. This business has proven to be cooperative and calls for
service have gone down to this location. All other conditions still apply.
f: \home \mmimim2005 -05048 El Patio3.doc
Anaheim Police Dept.
425 S. Harbor Blvd.
Anaheim, CA 92805
TEL 714.765.1401
FAX 714.765.1665
November 18, 2005
City of Anaheim
Planning Department
200 South Anaheim Blvd.
Anaheim, Ca. 92805
Attn: Amy Vasquez
Re: Re- Instatement of Conditional Use Permit 2670, El Patio Restaurant - AMENDED
Dear Ms. Vasquez:
El Patio Restaurant, located at 1750 West La Palma, requests reinstatement of CUP 2670
as the hours of operation are required to return to 11 PM as of October 15, 2005. El Patio
Restaurant is a family -owned operation that has been in business for 19 years, and has
proven to be a "good neighbor ".
Per Anaheim Zoning Code 18.66.060, El Patio Restaurant meets the requirements and
intent of subsections .031, .032, .033, .034, and .035.
It is further requested that CUP 2670, City Council Resolution PC85 -84, "l. Hours of
Operation..." be amended to allow the hours of operation to be from 11 A.M. to 2 A.M.
seven days of the week. This will allow El Patio Restaurant to remain competitive with
like establishments in the general area. A petition signed by neighboring residents in
support of this change is attached.
In addition, the applicant seeks vacation of the alley easement in order to first expand the
parking lot; second, to eliminate on -going blight (the accumulation of trash, household
items, etc. left in the alley), and third, to eliminate an attractive nuisance (the lack of view
from adjacent properties attracts criminal behavior). Photos are attached. The applicant
is seeking concurrence from Walgreen's in order to facilitate the easement. ( Walgreen's
requested the easement to facilitate delivery via Mohican, a residential street); it no
longer appears necessary with easy ingress and egress from both La Palma and Euclid.
We look forward to a Conceptual Plan Meeting to discuss issues and seek solutions
appropriate to the request.
31125 Via Cristal, San Juan Capistrano, California 92675
tell: 949.493.0'526- cell: 949.6364407 a swerdlin- associates @cox.net
Should you need additional information, or have any questions, please contact me.
Sincerely,
h r
David M. werdlin & Associates
Swerdlin & Associates
31125 Via Cristal
San Juan Capistrano, Ca. 92675
(949)493 -0526
P.S. Your input per our telephone conversation of November 18, 2005 is very much
appreciated.
Item No. 6
DATE:
DECEMBER 16, 2003
TO
CITY MANAGER/CITY COUNCIL
FROM
PLANNING DEPARTMENT
SUBJECT:
CONDITIONAL USE PERMIT NO. 2670
1750 WEST LA PALMA AVENUE
RECOMMENDATION:
That the City Council, by resolution, approve the applicant's request to amend Conditional Use
Permit No. 2670, modifying Condition No. 1 pertaining to the days and hours of operation, and
Condition No. 27 pertaining to the pre - payment of meals. Staff and the applicant have met and
agree on the modifications to the conditions as indicated below.
DISCUSSION:
Conditional Use Permit No. 2670 was originally approved in 1985 to permit on- premises sale and
consumption of alcoholic beverages in conjunction with a semi - enclosed restaurant. In June of
2002, the Commission denied the applicant's request to amend a condition of approval pertaining to
hours of operation and to permit a public dance hall as an accessory use to the restaurant. On
October 15, 2002, the City Council, on appeal, approved the applicant's request, in part, to modify
the hours of operation for a period of one year only, but denied the public dance hall. At the end of
the one -year period the hours were required to revert back to an earlier closing.
On October 20, 2003, at the applicant's request, the Commission granted a reinstatement of the
extended hours for two (2) years. The two (2) year limitation allows the Commission to review the
operations of the business to determine if the applicant has successfully complied with conditions
and to assure the use has not caused disturbance to the adjacent residential neighborhood. The
applicant does not object to this two (2) year limitation. The Commission also added anew
condition prohibiting an admission fee, cover charge or advanced payment for meals as a condition
of entry to the premises.
The applicant appealed the Commission's decision to the Council after realizing that the conditions
approved by the Commission relating to hours of operation and method of charging for food were
not totally compatible with their intended operations.
Since the Planning Commission meeting, staff has met with the applicant to address their concerns
pertaining specifically to extended business hours on holidays that may occur on days which the
business is otherwise only allowed to be open until midnight, and to clarify their business operation
as it relates to the "advanced payment for meals" as buffet service is provided throughout their daily
operation.
The applicant is satisfied with Condition No. 1 as approved by the Commission; however, the
applicant would also like to be able to operate until 1:30 a.m. on certain holidays throughout the
year. If Council concurs with staff and the applicant, Condition No. 1 of Resolution No. PC 2003-
139 could be modified to read as follows:
"I That through October 14, 2005 (for a period of two years), the hours of operation shall be
limited to the following:
Sunday, Monday, Tuesday and Thursday: 11:00 a.m. to midnight
Wednesday, Friday, Saturday,
and the following holidays: 11:00 a.m. to 1:30 a.m.
New Year's Eve New Year's Day Valentine's Day
Father's Day Fourth of July Labor Day
Halloween Thanksgiving Christmas Eve
Christmas Day
Mother's Day (Celebrated in Mexico) —May 10
Mother's Day (Celebrated in the U.S.)
That effective October 15, 2005, the hours of operation shall be, and shall remain thereafter,
as follows:
Daily (seven days a week):
11:00 a.m. to 11:00 p.m."
The applicant's restaurant business is a "buffet service" in which advanced payment of meals is
collected within the restaurant building adjacent to the buffet counter. Amending Condition No. 27
is necessary to allow the applicant to continue operating their restaurant as a "buffet service" If
Council concurs with staff and the applicant, Condition No. 27 of Resolution No. PC 2003 -139
could be modified to read as follows:
"27. That no admission fee, cover charge, advance payment for meals collected at the door, or
similar fees shall be imposed on patrons as a condition of entry to the premises."
The Council may wish to note that no one spoke in opposition to this request at the Planning
Commission meeting, and the applicant submitted a petition in favor of the request signed by fifteen
(15) local residents. Attached for Council's information are the Planning Commission staff report,
Resolution No. 2002R -221, Resolution No. PC2003 -139, and minutes of the October 20, 2003,
Commission meeting.
IMPACT ON THE BUDGET:
There is no impact on the General Fund.
Submitted by,
Greg Hastings
Zoning Division Manager
Concurred by,
Sheri Vander Dussen
Planning Director
Zm6608jr
ITEM NO. 1A
�r -
BRYgON STREET RCIF 65166 24 (29)
SP 94- RCL 6586 -13
( VAR 2878
R RCL 7pj�0d2) CENTRALVIDEO LANDON DR
INCORPORATED
RCL 65
RCL e5 ss4 �
SP 94 -1 (SC CUP 277
SP 94-ADC 200 1 - AG VA 2879
RCL (SC) CUP 18 NVJR $ E ART
ip_ji Qq VACANT 59 E
AO' RONM ENTq�
UP 1 -00212
CUP 1859 SP 94-1 (SC)
VACANT DA2
RCL 6586 -24 (29)
RCL 6 61 (SC) RCL 6586 -13 SP 4-1
RCL 656 (29 VAR 2878
VVI - 66.1 3 ) SMALL INDUSTRIAL RC 65 U 6 244 (29)
SP 94- ( CON DR OWANC FIRMS VAR 41 2
ADJ 2001 -00212 INC CTINGE VAR 28 8
MED TRONIC 7� IND. OFFICE BLDG.
m .
ry
SP (SC)
DA
DA2
RCL 6586 -24 (29) W
S6 - RCL6586 -13 W
ADJ 200 6 P) CUP 2005-05042
0 021
MEDT RONIC E- CUP 3752 SP 94-1 (SC)
LU SP 941 (SC) VAR 3838 O DA2
LU RCL 65fifi -24 (29) VAR 2878 ae RCL 6586 -24 (29)
x RCL 6586 -13 (CUP 3112) U) CUP 200404945
E- CUP 3325 CATELLUS O CUP 3010
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Conditional Use Permit No. 2005 -05042 Subject Property
Date January 9, 2006
Scale Graphic
Requested By: TURNER ANAHEIM LLC Q.S. No. 166
REQUEST TO ESTABLISH A CHURCH IN AN EXISTING INDUSTRIAL /OFFICE COMPLEX
WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
1251 North Manassero Street, Suites 403 and 404 2112
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ALL PROPERTIES ARE IN THE (SC) (SCENIC CORRIDOR OVERLAY) ZONE
Date of Aerial Photo: May 2002
Conditional Use Permit No. 2005 -05042 Subject Property
Date: January 9, 2006
Scale: Graphic
Requested By: TURNER ANAHEIM LLC Q.S. No. 166
REQUEST TO ESTABLISH A CHURCH IN AN EXISTING INDUSTRIAL /OFFICE COMPLEX
WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
1251 North Manassero Street, Suites 403 and 404
2112
i
I
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
7a. CEQA NEGATIVE DECLARATION (Motion)
7b. WAIVER OF CODE REQUIREMENT (Motion)
7c. CONDITIONAL USE PERMIT NO. 2005 -05042 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 8.1 -acre property, is located at the northwest corner of La Palma
Avenue and Manassero Street, and has frontages of 483 feet on the north side of La Palma
Avenue, 538 feet on the west side of Manassero Street, and 208 feet on the east side of
Hancock Street (1251 North Manassero Street - Suites 403 and 404)
REQUEST:
(2) The applicant request approval of a Conditional Use Permit under authority of Code Section
18.120.070.050.0511 to establish a church within an existing industrial /office complex with
waiver of the following:
SECTION NO. 18.42.040.010
Minimum number of parking spaces
(478 required; 415 existing and recommended
by the City's Independent Traffic Consultant)
BACKGROUND:
(3) This property is developed with seven industrial /office buildings and is zoned SP94 -1,
Development Area 2 (Northeast Industrial Specific Plan, Expanded Industrial Area). The
Anaheim General Plan designates the site for Industrial land uses and further designates
all surrounding properties for General Industrial land uses. The property is also located in
the Merged Redevelopment Project Area.
PREVIOUS ZONING ACTIONS:
(4) The following zoning actions have occurred on the subject property:
(a) Conditional Use Permit No. 3752 (to permit a dance studio /school) was approved by
the Planning Commission on May 1, 1995.
(b) Variance No. 3838 (waiver of required lot frontage to establish a 4- parcel
subdivision) was approved by the Planning Commission on September 8, 1988.
(c) Conditional Use Permit No. 2922 (to permit industrial - related office uses) was
approved by the Planning Commission on September 28, 1987.
(d) Variance No. 2878 (waiver of requirement that all lots abut a public street to
establish a 27 -lot industrial subdivision) was granted by the Planning Commission
on November 22, 1976.
SRCUP2005- 05042.DOC
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
DEVELOPMENT PROPOSAL:
(5) The applicant is requesting approval of a conditional use permit to establish a 4,800 square
foot church in an existing 13,425 square foot industrial building within an existing 7 building
industrial /office complex.
(6) The site plan (Exhibit No. 1) indicates an industrial complex with seven (7) industrial
buildings with common parking areas. The proposed church use would be located in a
building that is adjacent to Manassero Street.
(7) The floor plan (Exhibit No. 2) indicates that the church would consist of a 2,700 square foot
assembly area, six offices consisting of 950 square feet and 1,150 square feet of ancillary
uses (restrooms, hallways and baptism room).
(8) Vehicular access to the site is provided via three (3) existing 25 -foot wide driveways from
Manassero Street, La Palma Avenue and Hancock Street. Plans indicate a total of 415
existing on -site parking spaces for this property. Code requires 478 spaces based on the
following:
(9) The following photo indicates a one -story industrial type building:
Page 2
CODE - REQUIRED
PARKING
USE
SQUARE FEET
PARKING RATIO
REQUIRED
(per 1,000 sq. ft.)
Church Assembly
2,700
29/1,000 s.f.
78
Area
Office use for
950
4/1000 s.f.
4
church
Ancillary Uses
Restrooms,
1,150
N/A
N/A
hallways, baptism
room
Retail uses
19,304
5.5/1,000 s.f.
106
Office Use
54,934
4/1,000 s.f.
220
Manufacturing
45,012
1.55/1,000 s.f.
70
TOTAL
124,050
478
(9) The following photo indicates a one -story industrial type building:
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
(10) Sign plans have not been submitted, however staff observed during a site inspection, two
cabinet wall signs located above each of the units identifying the church name. The sign
copy face of these cabinet signs was changed out with the church name. Building permits
are not required when sign copy is replaced provided that no structural and /or electrical
modifications are made to the existing sign. The signs are consistent with all other wall
signage located within the complex which are governed by the property management to
ensure that all signs are uniformed.
(11) The applicant has submitted the attached letter of operation and project description
indicating the hours of operation are Wednesdays 7:00 p.m. to 9:00 p.m. and two services
on Sunday at 10:00 a.m. and 1130 a.m. The overall congregation is 15 families. The
average Wednesday night attendance is 20 people; the average attendance for the first
service on Sunday is about 30 people and the second service on Sunday averages
between 60 to 70 people. No private school or child daycare is proposed.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) 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-
EVALUATION
(13) Churches are permitted in the SP94 -1 (Northeast Industrial Specific Plan) zone subject to
the approval of a conditional use permit provided that the hour /days of operation and the
duration of the permit is specified in the approval. The Code further specifies where the
Page 3
West Elevation from Manassero Street
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
church is not the exclusive use of the property, that activities prior to 6:00 p.m. during the
week shall be limited to church office staff.
(14) The waiver pertains to the minimum number of parking spaces. Code requires a minimum of
478 spaces for the entire industrial /office /retail complex including the proposed church use.
Plans indicate 415 spaces provided. The City's independent Traffic Consultant has reviewed
the parking analysis and has determined that the proposed parking area referenced in the
study would be sufficient for the proposed uses on the property. Based upon the analysis
provided by the applicant and upon the recommendation of the City's independent Traffic
Consultant, staff recommends approval of this waiver based on the following findings:
"(a) That the waiver, under the conditions imposed, if any, will not cause fewer off- street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
All of the site - required parking spaces will be provided on -site. The parking
requirement as determined by the parking study has been met and exceeded.
(b) That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use.
The off - street parking area is providing sufficient parking for this use. The drive aisles
through this site are sufficient to accommodate the site's anticipated traffic, and no
congestion will occur.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
There is no existing on- street parking available along the project frontage on La Palma
Avenue or Manassero Street. All parking for this site will be accommodated within the
off - street parking lot.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
All parking will be provided immediately surrounding Building 4, along the north and
east sides of the building, accessed via Manassero Street.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
The site will not impact the ingress or egress from any adjacent uses to the public
streets.
Page 4
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
FINDINGS:
(15) Section 18.42.110 of the parking code sets forth the following findings which are required to
be made before a parking waiver is approved by the Planning Commission:
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of operation of such use.
(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.
(c) That the waiver, under the conditions imposed, if any, will not increase the demand for
parking spaces upon adjacent private property in the immediate vicinity of the
proposed use.
(d) That the waiver, under the conditions imposed, will not increase traffic congestion
within the off - street parking areas or lots provided for such use.
(e) That the waiver, under the conditions imposed, will not impede vehicular ingress to or
egress from adjacent properties upon the public streets in the immediate vicinity of the
proposed use.
Unless conditions to the contrary are expressly imposed upon the granting of any waiver
pursuant to this section, the granting of the waiver shall be deemed contingent upon
operation of the proposed use in conformance with the assumptions relating to the operation
and intensity of the use as contained in the Parking Demand Study that formed the basis for
approval of the waiver. Exceeding, violating, intensifying or otherwise deviating from any of
the assumptions as contained in the Parking Demand Study shall be deemed a violation of
the express conditions imposed upon the waiver, which shall subject the waiver to
revocation or modification pursuant to the provisions of Section 18.60200 (City- Initiated
Revocation or Modification of Permits).
(16) 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
Page 5
Staff Report to the
Planning Commission
January 9, 2006
Item No. 7
(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
(17) 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,
that the Planning Commission approve the applicant's request by taking the following
actions:
(a) By motion, approve a Negative Declaration for the project.
(b) By motion, approve the waiver of minimum number of parking spaces (478
required; 415 existing) based on the findings contained in the parking study
prepared by the City's Independent Traffic Consultant and summarized in
paragraph (14) of this report.
(c) By resolution, approve Conditional Use Permit No. 2005 -05042 to establish a
church in an existing industrial /office complex by adopting the attached resolution
including the findings and conditions contained herein.
Page 6
[DRAFT]
RESOLUTION NO. PC2006 -*'"
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05042 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 1 OF PARCEL MAP NO 87 -150 IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP FILED IN BOOK 239 PAGES
48 TO 50 OF PARCEL 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 January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section 18.120.070.050.0511 with the following waiver:
SECTION NO. 18.42.040.010 Minimum number of parking spaces
(478 required; 415 existing)
2. That the parking waiver is hereby approved based upon a parking analysis prepared by the
City's Independent Traffic Engineer providing evidence that adequate parking exists on the property for the
combination of uses on the site.
3. That the parking waiver, under the conditions imposed, if any, will not cause fewer off - street
parking spaces to be provided for such use than the number of such spaces necessary to accommodate all
vehicles attributable to such use under the normal and reasonable foreseeable conditions of operation of
such use; as stipulated by the Zoning Code, where the church is not the exclusive use of the property,
church assembly can not occur before 6:00 p.m. except for church office activities. During the church hours
of operation, 386 parking spaces would available on-site-
4- That the parking waiver, under the conditions imposed, if any, will not increase traffic
congestion will not increase the demand and competition for parking spaces upon the public street in the
immediate vicinity of the use in that there is no existing on- street parking available along the project frontage
on La Palma Avenue or Manassero Street. All parking for this site will be accommodated within the off - street
parking lot.
5. 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
as all parking will be provided immediately surrounding Building 4 (subject use), along the north and east
sides of the building, accessed via Manassero Street. As indicated by the study, no demand for parking on
adjacent private property is anticipated.
6. That the parking 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
Cr\PC2006 -0 -1- PC2006-
proposed use. Furthermore, it has been determined by the parking study that adequate on -site parking
spaces are being provided.
7. 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 as the parking study has demonstrated that the site can
accommodate the combined uses on site;
8. 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.
9. 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 establish a 4,800 square foot church in an existing industrial /office
complex with waiver of minimum number of parking spaces; and does hereby approve the Negative
Declaration upon finding that the declaration reflects the independent judgment of the lead agency and that it
has considered the Negative Declaration together with any comments received during the public review
process and further finding on the basis of the initial study and any comments received that there is no
substantial evidence that the project will have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does
hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are hereby
found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the
safety and general welfare of the Citizens of the City of Anaheim:
That this establishment shall be operated as a church only. If at any such time the operational
characteristics of the church change, a detailed description of the operational changes shall be
submitted for review by the City's Traffic and Parking Consultant to determine if the changes would
cause fewer off - street parking spaces to be provided than the number of spaces provided on site. If it
is determined the expected demand is greater than the spaces provided on site, an application for
medication of the conditional use permit shall be submitted to the Planning Services Division for
approval by the Planning Commission.
2. That church operations, with the exception of the administrative office, shall be limited to the following:
(a) Church Services: Sunday 10:00 a.m. and 11:30 a.m.
(b) Bible Study Wednesday 7:00 p.m. to 9:00 p.m.
3. That this facility shall not be used as a private daycare, nursery, elementary, junior and /or senior high
school. Said information shall be specifically shown on plans submitted for building permits.
4. That all church activity, including the use of the parking lot, shall cease by 10:00 p.m., daily.
5. That no portable signs shall be utilized to advertise the church.
6. That signage shall be limited to two existing walls signs. Any additional signs shall be submitted to the
Planning Services Division for review and approval. Any decision by staff regarding signs may be
appealed to the Planning Commission as a `Report and Recommendation' item.
7. That the property shall be permanently maintained in an orderly fashion through the provisions of
regular landscaping maintenance, removal of trash or debris, and removal of graffiti within twenty four
(24) hours from time of occurrence-
-2- PC2006-
8. That plans showing the existing building conditions and the applicable building codes for the church,
shall be submitted to the Building Division for review and approval to ensure compliance with such
Building Safety Code requirement (i.e., existing requirements and occupancy loads). Said plans shall
be prepared by a licensed architect and /or engineer.
9. That the on -site landscaping and irrigation system shall be maintained in compliance with City
standards.
10. That at no time shall there be any outdoor storage on the site for the church.
11. That four (4) foot high address numbers shall be displayed on the roof of the building in contrasting
color to the roof material. The numbers shall not be visible to adjacent and nearby streets or
properties. Said information shall be specifically shown on plans submitted to the Police Department,
Community Services Division, for review and approval.
12. 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 Exhibit Nos. 1 and 2 as conditioned herein.
13. 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. 8 and 11, 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.
14. That prior to final building and zoning inspections, Condition No. 12, above - mentioned, shall be
complied with.
15. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the commencement of the activity or 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
January 9, 2006. 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.
ATTEST:
CHAIRMAN. ANAHEIM PLANNING COMMISSION
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
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 January 9, 2006, 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
, 2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-4 PC2006-
Attachment - Item No. 7
WORD OF FAITH PENTECOSTAL CHURCH
PARKING STUDY
1251 Manassero Street
Anaheim Hills Corporate Park, Anaheim, California
Prepared for:
Prepared by:
► Rafiq &
L Associates, Inc.
November 2005
Table of Contents
Section
Page
I.
Introduction
1
II.
Project Location
1
III.
Site Description
1
a.
Existing Site
1
b.
Proposed Site
1
C.
Characteristics
2
IV.
Site Uses
2
a.
Off -Site Amenities
2
V.
Parking Requirements
2
VI.
Site Parking Counts
3
VII.
Methodology of Study
3
VIII.
Findings
3
IX.
Recommendations and Conclusions
4
X.
Appendix: Parking Counts
4
WORD OF FAITH PENTECOSTAL CHURCH
PARKING STUDY
I. Introduction
The project applicant proposes to open a church in Suites 403 and 404 in Building 4 of
the Anaheim Hills Corporate Park. The suites are currently vacant. The church is
relocating from Chino, California. The Corporate Park contains seven individual
buildings with common parking areas.
This parking study is being done to determine whether the number of parking spaces
required by the City of Anaheim Municipal Code for a church will be available. Since
the site has no ability to add additional parking spaces, the church relies on shared
parking with the other uses within the corporate park due to the non - coincident hours of
use. The corporate park tenants have predominantly weekday, daytime hours, and the
church proposes to be operating on Wednesday evenings and on Sunday mornings.
II. Project Location
The site is located in Building 4 of the Anaheim Hills Corporate Park, at 1251 Manassero
Street in Anaheim. The site is located approximately one mile east of the intersection of
La Palma Avenue and Lakeview Avenue, and approximately one mile from the Riverside
State Route 91 Freeway at Lakeview Avenue.
La Palma Avenue is a six lane major arterial with a continuous two -way left turn lane
along the project frontage. Manassero is a two -lane roadway. There is no curbside
parking allowed along the project frontage on either street. The Corporate Park has two
accesses on Manassero Street, two on Hancock Street, and one on La Palma Avenue.
III. Site Description
a. Existing Site
The two existing suites that the church proposes to occupy are currently
vacant.
b. Proposed Site
The Word of Faith Pentecostal Church will occupy suites 403 and 404 within
Building 4 that contain a total size of 4,800 square feet. The assembly area is
approximately 2,700 square feet. There will be six offices that occupy 950
square feet. The remainder of the area constitutes hallways, a baptism room,
and restrooms, which are considered to be ancillary uses to the assembly hall.
Word of Faith Pentecostal Church 1 Rafiq & Associates, Inc.
No new structures or physical changes to the layout of the parking area are
contemplated. There are 55 parking spaces around Building 4. The total
number of parking spaces within the corporate park is 386. This site is parked
at the ratio of one space per 300 square feet. Based upon this ratio, these two
suites would have been allocated 16 parking spaces.
c. Characteristics
The seven buildings share drive aisles and a common, full access to La Palma
Avenue at the northerly side of the site, two access to Hancock Street along
the westerly side of the project, and two access to Manassero Street along the
north side of the site.
IV. Site Uses
The Corporate Park contains seven individual buildings that have 45 different tenants.
These tenants operate a wide variety of office and industrial businesses. Their hours of
operation are typically during business hours on weekdays.
a. Offsite Amenities
There is an existing bus shelter located along the project frontage on La Palma
Avenue. There are also mailboxes located along La Palma Avenue near the
southwest corner of the site.
V. Parking Requirements
A 2,700 square foot church would require 78 parking spaces, based upon a parking rate
of 29 per 1,000 square feet of assembly area. The offices would require 4 parking spaces
based upon a parking rate of 4 per 1,000 square feet. There are no kitchen facilities or
industrial areas.
Comparison of Parking Requirements
Proposed Use vs. Number of Spaces Allocated to Suites 403 -404
Proposed Land Use
Square Footage
Parking Code Rate
Number of Required Spaces
Church Assembly Area
2,700
29/1,000 SF
78
Six offices
950
4/1,000 SF
4
Restrooms, hallways, baptism room
1,150
Ancillary uses
0
Total Spaces Required by Code
4,800
82
Previous Land Use
Square Footage
Parking Code Rate
Number of Required S aces
Corporate Park, Suites 403 and 404
4,800
1/300 SF
16
Difference Between Code and Available:
66
(The church does not propose any Sunday school or daycare uses.)
Word of Faith Pentecostal Church 2 Rafiq & Associates, Inc.
Based on the proposed church uses, the site requires 82 parking spaces, and it has been
allocated only 16. It is short by 66 parking spaces. However, because the uses within
this corporate park have non - coincident hours of operation, parking counts have been
taken to determine whether there will be a sufficient supply of parking spaces available
during the hours of operation of the church.
VI. Site Parking Counts
Parking counts have been taken at this site to determine the usage of the parking stalls
during the hours of operation of the church, to see if a shared parking arrangement is
possible, due to the non - coincident hours of usage.
Parking counts were taken on Sunday, October 30, 2005, between 9:30 AM and 3:30 PM,
and Wednesday, November 2, 2005 between 6:00 PM and 10:00 PM. Appendix A
contains the parking counts taken by Southland Car Counters. Within the entire
corporate park, the highest number of cars parked on Sunday was observed to be 23.
This occurred between 9:30 AM and 12:30 PM. The highest number of cars parked on
Wednesday evening was 32 at 7:00 PM. There are a total of 386 parking spaces in this
parking lot. The number of unoccupied parking spaces is 354 on Wednesday evening.
Specifically around Building 4, there was one parking space occupied on Sunday, and on
Wednesday evening, there were a maximum of 9 parking spaces occupied.
VH. Methodology of Study
Because the church use requires 82 parking spaces, and the two suites it will occupy have
only been allocated 16 parking spaces, the parking study was conducted to determine
how many vacant parking spaces would be available within the corporate park for shared
use with the church use, when the other businesses are not open. Based on the parking
counts taken, the Anaheim Hills Corporate Park contains 354 vacant parking spaces
during the proposed hours of operation of the church. This would adequately
accommodate the Municipal Code - required parking of 82 parking spaces for the Word of
Faith Pentecostal Church.
VHI. Findings
A variance from the parking code is being requested, because the change in land use
causes the particular suites that the church will require, to be short by 66 spaces.
All of the five findings below are met:
Finding 18.42.110.0101: That the variance, under the conditions imposed if any, will not
cause fewer off - street parking spaces to be provided for the proposed use than the
number of such spaces necessary to accommodate all vehicles attributable to such use
under the normal and reasonably foreseeable conditions of operation of such use.
Word of Faith Pentecostal Church 3 Rafiq & Associates, Inc.
All of the site - required parking spaces will be provided onsite. The parking
requirement as determined by this study has been met and exceeded.
Finding 18.42.110.0104: That the variance, under the conditions imposed, if any, will not
increase traffic congestion within the off-street parking areas or lots provided for the
proposed use.
The off -street parking area is providing sufficient parking for this use. The drive
aisles through this site are sufficient to accommodate the site's anticipated traffic,
and no congestion will occur.
Finding 18.42.110.0102: 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.
There is no existing on -street parking available along the project frontage on La
Palma Avenue or Manassero Street. All parking for this site will be
accommodated within the off -street parking lot.
Finding 18.42.110.0103: 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 subsection 18.42.050.030
(Non - residential uses- exception).
All parking will be provided immediately surrounding Building 4, along the north
and east sides of the building, accessed via Manassero Street.
Finding 18.42.110.0105: 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.
The site will not impact the ingress or egress from any adjacent uses to the public
streets.
IX. Recommendations and Conclusions
The residual parking supply of 354 parking spaces within the Anaheim Hills Corporate
Park is found to be adequate for the intended use as a church (82 spaces required). All of
the findings for a variance to the City of Anaheim Municipal Code for parking have been
met.
X. Appendix Parking Counts
The parking counts taken by Southland Car Counters are contained in the Appendix.
Word of Faith Pentecostal Church 4 Rafiq & Associates, Inc.
Word of Faith Church Parking Count
Project #: 05- 1240 -001 Day: Sunday
City: Anaheim Hills Date: 10/30/2005
Number of Occupied Parking Spaces in Front and Back of Each Building
Project #: 05 -1240 -001
City: Anaheim Hills
Number of Occupied Parking Spaces in Front and Back of Each Building
Day: Wednesday
Date: 11/02/2005
1
2
3
4
5
6
7
TOTAL
Time
FRONT
BACK
FRONT
BACK
FRONT
BACK
FRONT
BACK
FRONT
FRONT
FRONT
BACK
Occupied
9:30 AM
2
6
0
0
0
1
0
1
1
5
4
3
23
10:30 AM
2
6
0
0
0
1
0
1
1
5
4
3
23
11:30 AM
2
6
0
0
0
1
0
1
1
5
4
3
23
12:30 PM
2
6
0
0
0
1
0
1
1
5
4
3
23
1:30 AM
2
4
0
0
0
1
0
1
1
5
4
3
21
2:30 PM
2
4
0
0
0
0
0
1
0
3
2
3
15
3:30 PM
2
4
0
0
0
0
0
1
0
3
2
3
15
Total
Available
21
24
25
23
24
25
44
11
24
87
43
35
386
Project #: 05 -1240 -001
City: Anaheim Hills
Number of Occupied Parking Spaces in Front and Back of Each Building
Day: Wednesday
Date: 11/02/2005
Word of Faith Pentecostal Church 5 Rafiq & Associates, Inc.
1
2
3
4
5
6
7
TOTAL
Time
FRONT
I BACK
FRONT
BACK
FRONT
BACK
FRONT
BACK
FRONT
FRONT
FRONT
BACK
Occupied
6:00 PM
2
8
1
0
2
3
3
6
0
0
5
1
31
7:00 PM
2
8
1
0
2
4
3
6
0
0
5
1
32
8:00 PM
1
8
1
1
3
4
1
6
0
0
5
1
31
9:00 PM
0
4
0
1
3
8
1
6
0
0
5
1
29
10:00 PM
0
1
0
0
3
8
0
6
0
0
5
1
24
Total
Available
21
24
25
23
24
25
44
11
24
87
43
35
386
Word of Faith Pentecostal Church 5 Rafiq & Associates, Inc.
Available Parking Spaces
Building
Number
Address
Front
Handicap (in
front )
Back
Total
Building 1
1260 Hancock
19
2
24
45
Building 2
4879 La Palma
24
1
23
48
Building 3
1265 Manassero
23
1
25
49
Building 4
1251 Manassero
43
1
11
55
Building 5
4883 La Palma
22
2
0
24
Building 6
14887 La Palma
1 85
1 2
1 0
Buildin 7
4883 La Palma
40
3
35
Lid
Total Parkin s aces
256
12
118
The highest number of occupied parking spaces in the industrial park around the seven
buildings were:
• 23 on Sunday morning between 9:30 AM and 12:30 PM
32 on Wednesday evening at 7:00 PM
There are a total of 386 available parking spaces in this industrial park.
The Word of Faith Church proposes to occupy suites 403 and 404 in Building 4.
Word of Faith Pentecostal Church 6 Rafiq & Associates, Inc.
ITEM NO. 1A
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Reclassification No. 2005 -00172
Subject
Property
Conditional Use Permit No. 2005 -05052
Date: January
9,
2006
Tentative Tract Map No. 16974
Scale:
1"=200'
Requested By: MANASSEH BAREH
Q.S. No.
28
TENTATIVE TRACT MAP NO. 16974 - TO ESTABLISH
A 1 -LOT, 7 -UNIT SEMI - ATTACHED SINGLE -
FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION.
RECLASSIFICATION NO. 2005 -00172 - REQUEST
TO RECLASSIFY THE PROPERTY FROM THE T (TRANSITION)
ZONE TO THE RM -3 (RESIDENTIAL, MULTIPLE
FAMILY) ZONE, OR LESS INTENSE ZONE.
CONDITIONAL USE PERMIT NO. 2005 -05052 - REQUEST
TO CONSTRUCT A 7 -UNIT, SEMI - ATTACHED
RESIDENTIAL CONDOMINIUM COMPLEX.
648 South Magnolia Avenue
2116(2005- 12 -29)
Date of Aerial Photo: May 2002 !
Reclassification No. 2005 -00172 Subject Property
Conditional Use Permit No. 2005 -05052 Date: January 9, 2006
Tentative Tract Map No. 16974 Scale: 1"=200'
Requested By: MANASSEH BAREH Q.S. No. 28
TENTATIVE TRACT MAP NO. 16974 — TO ESTABLISH A 1 -LOT, 7 -UNIT SEMI - ATTACHED SINGLE -
FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION.
RECLASSIFICATION NO. 2005 -00172 — REQUEST TO RECLASSIFY THE PROPERTY FROM THE T (TRANSITION)
ZONE TO THE RM -3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE, OR LESS INTENSE ZONE.
CONDITIONAL USE PERMIT NO. 2005 -05052 — REQUEST TO CONSTRUCT A 7 -UNIT, SEMI - ATTACHED
RESIDENTIAL CONDOMINIUM COMPLEX.
648 South Magnolia Avenue
2116
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
8a. CEQA NEGATIVE DECLARATION (Motion)
8b. RECLASSIFICATION NO. 2005 -00172 (Resolution)
8c. CONDITIONAL USE PERMIT NO. 2005 -05052 (Resolution)
8d. TENTATIVE TRACT MAP NO. 16974 (Motion)
SITE LOCATION AND DESCRIPTION
(1) This rectangularly- shaped, 0.41 -acre property has a frontage of 75* feet on the east side of
Magnolia Avenue, a maximum depth of 245 feet, and is located 335 feet south of the
centerline of Westhaven Drive (648 South Magnolia Avenue).
*Advertised as a frontage of 85 feet
REQUEST:
(2) The petitioner requests approval of the following:
(a) Reclassification No. 2005 -00172 —to reclassify the property from the T (Transition)
zone to the RM -3 (Residential, Multiple - Family) zone, or less intense zone.
(b) Conditional Use Permit No. 2005 -05052 - to construct a 7 -unit semi - attached
residential condominium complex under authority of Code Section Nos.
18.06.030.010 and 18.06.160.
(c) Tentative Tract Map No. 16974 —to establish a 1 -lot, 7 -unit semi - attached single -
family residential condominium subdivision-
BACKGROUND
(3) This property is developed with a single - family residence and is within the T (Transition)
Zone. The Anaheim General Plan designates this property for Low - Medium Density
Residential land uses. The Anaheim General Plan designates properties to the north,
south, and east for Low - Medium Density Residential land uses, and properties to the west
across Magnolia Avenue for Low Density Residential land uses.
PREVIOUS ZONING ACTIONS:
(4) There are no previous zoning actions pertaining to this property.
DEVELOPMENT PROPOSAL:
(5) The applicant is requesting reclassification of the property from the 'T" zone to the RM -3
zone in connection with a conditional use permit and tentative tract map to construct a one
lot, 7 -unit semi - attached residential condominium subdivision. The site plan (Exhibit No. 1)
and tentative tract map indicate the following site characteristics:
[fl�J1�bY�b9JYH� ➢GI:IQ:I IS1:7
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
Development Standards
Proposed Project
RM -3 Zone Standards
Site Area
0.42 acres 18,408 s.f.
N/A
Number of Dwelling Units
7 dwelling units
7 units maximum
Average Land Area per Unit
2,629 s.f.
2,400 s.f. minimum
Lot Coverage
41.0%
45% maximum
Avg. Rec /Leisure Area per
DU
195 s.f. per unit (1,369 s.f.
total)**
350 s.f. per unit (2,450 s.f. total)
" *Modification to standards is allowed in order to achieve good project design, privacy, livability, and
compatibility with surrounding uses.
(6) The site plan (Exhibit No. 1) and tentative map indicate the following setbacks:
Direction
Proposed Structural and
Code - Required
Adjacent Zoning
Landscaped Setbacks
Structural Setbacks
RM -3
North (adjacent to
5 -15 feet structural "
20 feet structural
T
multiple- family residences)
0 -4 landscaped"
5 feet landscaped
East (adjacent to multiple-
21 feet structural "
20 feet structural
RM -4
family residences)
2 -21 feet landsca ed "
5 feet landscaped
South (adjacent to
22 -24 feet structural"
20 feet structural
RM -4
multiple- family residences)
2 feet landsca ed "
5 feet landscaped
West (adjacent to
20 feet average structural
20 feet average structural
N/A
Magnolia Avenue)
20 feet average landscaped
20 feet average
landscaped
" *Modification to standards is allowed in order to achieve good project design, privacy, livability, and
compatibility with surrounding uses.
(7) The site plan further indicates a setback of 28.5 to 23.5 feet, between the two buildings.
Code requires a minimum of 15 feet between these structures based upon the wall type
and number of stories (secondary wall of three stories in height). The site plan indicates
existing 6 -foot block walls along the south and east property lines, and an existing three -
foot high block wall that would be raised to a height of six feet along the north property line.
Concrete brick pavers or colored /stamped concrete would be incorporated into the
driveway entry as a decorative treatment. Code permits fences at a maximum of three feet
in height within the required street setback and a maximum height of six feet within all other
required setbacks.
(8) Vehicular access would be provided via a private drive from Magnolia Avenue. The site
plan indicates 19 parking spaces available within the subdivision, with two (2) spaces within
a garage for each unit and five (5) uncovered spaces. Code requires a total of 19 parking
spaces based on the requirement of three (3) spaces for a 3- bedroom unit (3 x 4 units = 12
spaces) and 225 spaces for a 2- bedroom unit (225 x 3 units = 6.75 (7) spaces. Of the 19
required parking spaces, two (2) are designated as visitor spaces (025 spaces x 7 units).
The petitioner does not propose any gates across the entry to the private drive.
(9) The floor plans (Exhibit No. 2,) indicate 3 -story units consisting of a an attached two -car
garage and laundry area on the first floor, a split level second floor containing the main
entry, living and dining rooms, kitchen, nook, powder room, and outdoor deck and patio
areas. The second floor would contain either three bedrooms and two bathrooms, or two
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
bedrooms and computer loft with two bathrooms, and a small outdoor balcony off the
master bedroom for the three bedroom units, summarized as follows:
Plan
No. of Units
Total Living Area/
No. Of
Garage
Bedrooms/
Total
Bathrooms
A
4
1,765 square feet
3 Bedrooms
536 square feet
2.5 Bathrooms
2,301 square feet
B
3
1,765 square feet
2 Bedrooms
536 square feet
2.5 Bathrooms
2,301 square feet
(10) Elevation drawings (Exhibit Nos. 3, 4, and 5) indicate one elevation design with two color
schemes proposed for the two buildings. Plans indicate that each of the condominium
buildings would be 35 feet in height with a total of three stones. Elevation drawings indicate
concrete "S' tile rooftops; stucco finished exterior walls with the use of stone veneer, wood
shutters, and decorative stucco articulation around the windows and doors. The four
chimneys proposed would be completely clad with a stone veneer, and the outdoor patio
and deck areas would incorporate the use of wood and wrought iron railing. Primary
entryways along the north elevation would be recessed and located underneath the
secondary roof. Arched recesses frame the pedestrian entryways into the garages along
the south elevation. The building elevations facing Magnolia Avenue would include the use
of wood shutters, decorative foam around the windows and doors, and stone veneer to
frame the unit entry facing the street. The color and materials board reflects the building at
the front of the site (visible from Magnolia Avenue) would consist of a gray (Agate) stucco
color and blue (Cape Cod) accents, with Chestnut stone veneer and Mahogany wood
shutters. The building at the rear would consist of a peach stucco color and terracotta
accents, with Aspen stone veneer and Mahogany wood shutters.
(11) The conceptual landscape plan (Exhibit No. 6) indicates two (2) Brachychiton populneum
trees (24 inch box size) and three (3) Leptospermum petersonii trees (15 gallon size) and
associated ground cover and sod to be planted along Magnolia Avenue. Code requires a
minimum of 1 tree (24 inch box size) per 20 lineal feet of frontage for a total of 4 trees. The
plan also indicates eleven (11) Leptospermum petersonii trees (15 gallon size) and
associated ground cover within the two -foot planter along the south property line, and four
(4) Crape Myrtle trees (24 -inch box size) along the east property line surrounding the
parking area and outdoor recreation area located in this location. Although these trees are
not required by Code, the applicant has included them in the proposal due to the deviation
from the minimum required landscaped setback along these property lines. The plan also
shows small planter boxes located between the garage door entrances along the private
drive and parking area, as well as landscaping along the perimeter of the building
surrounding the entrances and outdoor patio areas. Staff has included a condition of
approval requiring the trees within the street setback be a minimum of 24 -inch box in size.
With the exception of the size of three of the trees in the street setback and the requested
modification to landscaped setbacks along interior property lines as identified in paragraph
(6), the plan complies with the requirements of the Code pertaining to landscaping.
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
ENVIRONMENTAL IMPACT ANALYSIS:
(12) 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-
EVALUATION
(13) The Anaheim General Plan Land Use Element designates this property for Low - Medium
Density land uses, with a density range of 0 to 18 dwelling units per acre. The petitioner
proposes a reclassification of the property from the T zone to the RM -3 zone, to construct 7
semi - attached condominium dwelling units at a density of 16.6 dwelling units per acre. The
proposed development would be compatible with the existing residential developments to
the north, south, and east (multiple - family residences zoned T and RM -4). The project is
also consistent with the density of the Low - Medium Density Residential land use
designation for the site.
(14) Semi - attached condominium dwellings (attached single family residences) are permitted in
the RM -3 Zone subject to the approval of a conditional use permit under authority of Code
Section 18.06.160 pertaining to residential planned unit developments.
(15) Modification to standards is allowed in order to achieve good project design, privacy,
livability, and compatibility with surrounding uses, as outlined in Code Section 18.06.160.
The project does vary from the Code as provided in this section as outlined below
Development Standard
Code Requirement
Deviation Proposed*
Minimum site area
2,400 s.f. per unit min
2,629 square feet
Minimum lot width
70 feet
75 feet
Minimum floor area
2 bedrooms — 825 s.f.
2 bedrooms — 1,810 s.f.
3 bedrooms — 1,000 s.f.
3 bedrooms— 1,810 s.f.
Maximum site coverage
45%
41%
Setbacks
Front: 20 feet (fully landscaped)
Front: 20 feet (fully
landscaped)
Interior (north, south and east):
North: 5 -15 feet structural
20 feet structural (5 feet
(0-4 feet landscaped)
landscaped)
South: 22 -24 feet structural
(2 feet landscaped)
East: 21 feet structural (2 -21
feet landscaped
Minimum recreation area
350 s.f. per unit min.
195 s.f. per unit
Total of 2,400 s.f.
1,369 total
*Bold indicates deviation from the code.
Page 4
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
SCUP
'I J
r v
? 1,
L�
r'
"tam
Aerial of Subject Property and Adjacent Properties
(16) With the exception of the setbacks, and recreation area, the proposed project complies with
all the development standards required for projects within the RM -3 zone. Deviation from
the minimum setback is proposed to accommodate additional private recreation area along
the north boundary of the project, and accommodate parking and vehicle access along the
south and east boundaries of the project. The deviation to the recreation area is
necessary because the proposed mid -floor private patio areas do not meet the minimum
size requirement (minimum 200 s.f - 163 -180 s.f- proposed), resulting in an overall
reduction of accounted recreation area ( if included, the recreation area would exceed the
minimum per unit requirement— 361 s.f. per unit As reflected in the aerial above, the
proposed setbacks are consistent with the setbacks in the immediate vicinity- As a result of
the modification to the setbacks requested, each unit would have both a second floor
balcony and a mid -floor private patio (typically a project of this type would contain one or
the other— not both) thus enhancing the livability through the additional private recreation
area. With the modifications to the standards, the project enhances the livability for
residents, while maintaining consistency with the similar landscaped setbacks provided by
adjacent and surrounding multiple family land uses. Modifications to the setbacks and
recreation area are allowed if the Commission finds that the deviations would achieve a
good project design, enhance the privacy and livability for residents within and around the
project, and create a project that is compatible and consistent with surrounding land uses.
Staff believes that the proposed design achieves these objectives.
Page 5
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
(17) Staff has included standard conditions of approval relating to landscape maintenance, tree
size, and the addition of a minimum three (3) foot high berm within the landscaped setback
along Magnolia Avenue. Detailed final elevation and landscape plans are required for final
review by staff as well. Staff believes the proposed project is compatible with existing and
surrounding land uses (which are also multiple - family residences) and that the minor
deviations from the Code as permitted in Section 18.06.160 would achieve a good project
designed to enhance the privacy and livability for residents within and around the project,
and create a project that is compatible and consistent with surrounding land uses.
Because the proposed use would not adversely affect the adjoining land uses and the
growth and development of the area in which it is proposed and because 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, staff recommends
approval of the request as conditioned.
(18) Although the project is not a housing opportunity site, the proposed project would provide
for ownership housing in furtherance of the City's Housing Element goals. The General
Plan Land Use Element Map designates this property for Low - Medium Density Residential
land uses and implementation of this project would be consistent with that designation.
(19) Staff has not received any public input from neighbors with regard to this project. Records
indicate no open community preservation activity pertaining to this property-
FINDINGS
(20) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or is an unlisted use as defined in Subsection .030
(Unlisted Uses Permitted) of Section 18.66.040 (Approved Authority);
(b) That the proposed use will not adversely affect the adjoining land uses or the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area
or to the health and safety;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions imposed, will not
be detrimental to the health and safety of the citizens of the City of Anaheim.
(21) "The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan.
Page 6
Staff Report to the
Planning Commission
January 9, 2006
Item No. 8
Further, the law requires that the Commission make any of the following findings when
denying or recommending denial of a tract map:
1. That the proposed map is not consistent with applicable General and Specific
Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to
cause substantial environmental damage or substantially and avoidably injure fish
or wildlife or their habitat.
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property
within the proposed subdivision."
RECOMMENDATION:
(22) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing, the Planning Commission take the following actions:
(a) By motion, aoorove a Negative Declaration for the project.
(b) By resolution, aoorove Reclassification No. 2005 -00172 to reclassify the property
from the T zone to the RM -3 zone by adopting the attached resolution including the
findings and conditions contained therein.
(c) By resolution, aoorove Conditional Use Permit No. 2005 -05052 to construct a 7 -unit
semi - attached residential condominium complex by adopting the attached resolution
including the findings and conditions contained therein.
(d) By motion, approve Tentative Tract Map No. 16974 to establish a 1 -lot, 7 -unit semi -
attached single - family residential condominium subdivision based upon the attached
conditions of approval and the findings that the design and improvement of the
subdivision is consistent with the General Plan, and the site is physically suitable for
the type and density of the proposed development.
Page 7
[DRAFT]
RESOLUTION NO. PC2006 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT APPLICATION FOR RECLASSIFICATION NO. 2005 -00172 BE GRANTED
(648 SOUTH MAGNOLIA AVENUE)
WHEREAS, the Anaheim Planning Commission did receive a verified application for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
THE NORTH 75 FEET OF THE SOUTH 150 FEET OF THE NORTH 6
ACRES OF THE WEST HALF OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 18 TOWNSHIP 4 SOUTH RANGE 10 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 7 ET SEQ 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 January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear
and consider evidence for and against said proposed reclassification and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts
1 - That the petitioner proposes reclassification of subject property from the T (Transition) zone to
the RM -3 (Residential, Multiple - Family), or less intense zone.
2. That the Anaheim General Plan designates this property and the properties to the north, south,
and east for Low - Medium Density Residential land uses. The RM -3 zone is a typical implementation zone for
this land use designation.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community.
5. That * ** indicated their presence at said public hearing in opposition; and that 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 reclassify subject property from the T zone to the RM -3 zone, or less
intense zone; 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.
Cr>,PC2006- -1- PC2006-
NOW, THEREFORE, BE IT RESOLVED that the Anaheim Planning Commission does hereby
approve the subject Application for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above - described property from the T zone and to incorporate said
described property into the RM -3 zone, upon the following conditions which are hereby found to be a necessary
prerequisite to the proposed use of subject property in order to preserve the health and safety of the Citizens of
the City of Anaheim:
That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above - mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in
Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2005 -05052 and Tentative Tract Map No. 16974.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that
adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such 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.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-
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
January 9, 2006, 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
2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
[DRAFT]
RESOLUTION NO. PC2006 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT APPLICATION FOR CONDITIONAL USE PERMIT NO. 2005 -05052 BE GRANTED
(648 SOUTH MAGNOLIA AVENUE)
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:
THE NORTH 75 FEET OF THE SOUTH 150 FEET OF THE NORTH
6 ACRES OF THE WEST HALF OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 18 TOWNSHIP 4 SOUTH RANGE 10 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 7 ET SEQ OF MISCELLANEOUS MAPS IN THE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.06.160 to construct a 7 -unit semi - attached residential condominium
complex.
2. 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 as staff believes the proposed project is
compatible with existing and surrounding land uses and that the minor deviations from the Code as provided
in Section 18.06.160 would achieve a well designed and livable project, while being compatible and
consistent with surrounding land uses. The proposed use would not adversely affect the adjoining land uses
and the growth and development of the area in which it is proposed because the size and shape of the site
for the project is adequate to allow the full development of the proposed use in a manner not detrimental to
the particular area.
3. 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 because the project would be
implementing the Low - Medium Density Residential land use designation of the General Plan. This
designation was environmentally analyzed as part of the environmental review process required by the
California Environmental Quality Act (CEQA) performed as part of the General Plan Update approved by the
City Council on May 25, 2004.
4. 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.
5. That * ** indicated their presence at said public hearing in opposition; and that no
correspondence was received in opposition to the subject petition.
Cr\PC2006- -1- PC2006-
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING That the Anaheim City Planning
Commission has reviewed the proposal to construct a 7 -unit semi - attached residential condominium complex
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 roll -up garage doors shall be shown on plans submitted for building permits. Said doors shall
be installed and maintained as shown on submitted plans.
2. That final landscape and fencing plans shall be submitted to the Planning Services Division for
review and approval. The fencing plan shall incorporate a six (6) foot high decorative block wall
along the north, south, and east property lines and a minimum three -foot high landscaped berm
within the front landscaped setback on Magnolia Avenue. The landscape plan shall incorporate
layered landscaping within the front setback and clinging vines, shrubs and groundcover adjacent to
all block walls and the northern property line. Said plans shall show minimum 24 -inch box size
evergreen, trees within the front yard. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission as a "Reports and
Recommendation" item.
3. That all air - conditioning facilities and other ground- mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
4. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
fully screened by architectural devices and /or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
5. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24)
hours from time of occurrence.
6. That this Conditional Use Permit is granted subject to the approval of Reclassification No. 2005-
00172, and approval and recordation of Tentative Tract Map No. 16974, now pending.
7. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and /or dead.
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 (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 any required relocation of City electrical facilities shall be at the developer's expense. That
landscape and /or hardscape screening of all pad- mounted equipment shall be required and shall be
shown on plans submitted for building permits.
10. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
11. That gates shall not be installed across any driveway or private street 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
-2- PC2006
Traffic and Transportation Manager. Said information shall be specifically shown on plans submitted
for building permits.
12. That plans shall be submitted to the City Traffic and Transportation Manager for review and approval
of wall and fence locations to determine conformance with Engineering Standard No. 115.
13. That a written Solid Waste Management Plan shall be submitted to the Public Works Department,
Streets and Sanitation Division. Said program shall include information on the following: a detailed,
scaled site plan showing the storage and collection areas for automated trash barrels for each unit,
the location of any trash enclosure with enclosure details drawings, and truck access.
14. That prior to the issuance of grading permit, the applicant shall submit to the Public Works
Department Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan.
15. That prior to issuance of certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed
and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non - structural BMPs described in
the Project WQMP.
• Demonstrate that an adequate number of copies of the approved Project WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
16. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone B
shall be paid. The mitigation fee is currently $1,669/ unit for single family developments.
17. That the developer shall submit grading plans to the Public Works Department, Development
Services Division and post a bond to guarantee that the street improvements are constructed as
approved by the City Engineer. The improvements shall be constructed prior to final building and
zoning inspections.
18. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. Any backflow assemblies currently installed in a vault
shall be brought up to current standards. Any other large water system equipment shall be installed
to the satisfaction of the Water Engineering Division in either underground vaults or outside of the
street setback areas in a manner fully screened from all public streets and alleys. Said information
shall be shown on plans and approved by Water Engineering and Cross Connection Control
Inspector before submittal for building permits.
19. That if this project has a common landscaping area exceeding 2,500 square feet, a separate
irrigation meter shall be installed and shall comply with City Ordinance No. 5349 and Chapter 10.19
of the Anaheim Municipal Code. Said information shall be shown on plans submitted for building
permits.
20. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department-
21 - 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
-3- PC2006
owner /developer shall be responsible for the costs to upgrade or to abandon any water service or fire
line.
22. That water improvement plans shall be submitted to the Water Engineering Division for approval and
a performance bond in the amount approved by the City Engineer and City Attorney shall be posted
with the City of Anaheim. That the water improvement plans shall indicate a minimum clearance of
five (5) feet from the water main to the curb and gutter and a minimum clearance of ten (10) feet
from the water main to the sewer line.
23. That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer /owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum day and peak hour water demands for the
project. This information will be used to determine the adequacy of the existing water system to
provide the estimated water demands. Any off -site water system improvements required to serve
the project shall occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations.
24. That a master water meter shall be installed on Magnolia Avenue. The master meter shall be above
ground on private property with an easement five -foot around the meter pad and the backflow device
shall be behind the building setback line and maintained by the property owner /homeowners
association.
25. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the applicant and which plans are on file with the Planning
Department marked Exhibit Nos. 1 through 6, as conditioned herein.
26. That final detailed elevation plans and colors and materials shall be submitted to the Planning
Services Division for review and approval. Any decision by staff regarding said plans may be
appealed to the Planning Commission as a "Reports and Recommendations" item.
27. That the developer shall submit a landscaping and irrigation plan to the Public Works Department,
Development Services Division to improve Magnolia Avenue. The parkway irrigation shall be connected
to the on -site irrigation system and maintained by the property owner. A Right -of -Way Construction
Permit shall be obtained from the Development Services Division for all work performed in the right -of-
way. The improvements shall be constructed prior to final building and zoning inspections.
28. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 6, 8, 9, 11, 12, 13, 16, 18, 19, 22, 26 and
27, above - mentioned, shall be complied with. Extensions for further time to complete said conditions
may be granted in accordance with Chapter 18.60 of the Anaheim Municipal Code.
29. That prior to approval of a grading plan, Condition Nos. 14 and 17, above - mentioned, shall be
complied with.
30. That prior to final building and zoning inspections, Condition Nos. 15, 24, 25 and 27,
above - mentioned, shall be complied with.
31. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
BE IT RESOLVED that the Anaheim 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-
A- PC2006
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions — General' of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, 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 January 9, 2006, by the following vote of the members thereof:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereunto set my hand this day of
2006.
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
-5- PC2006
City of Anaheim
P1LA1~il~igl~G ~)EIPARTM>EI~I~'
January 9, 2006.
Manasseh Bareh -
1934 Newport Boulevard
C
vrrrv;.ananeim.net
osta Mesa, CA 92627
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting of
January 9, 2006.
Sa. CEQA NEGATIVE DECLARATION
Sb. RECLASSIFICATION NO. 2005-00172
Sc: CONDITIONAL USE PERMIT NO. 2005-05052
8d. TENTATIVE TRACT MAP NO. 16974
Owner: Manasseh Bareh, 1934 Newport Boulevard, Costa Mesa, CA 92627
Location: 648 South Magnolia Avenue: Property is approximately 0.41-acre
having a frontage of 75' feet on the east side of Magnolia Avenue and is
located 335 feet south of the centerline of Westhaven Drive.
*Advertised as a frontage of 85 feeE
Reclassification No. 2005-00172 - to reclassify the property from the T (Transition)
zone to the RM-3 (Residential, Multiple-Family)¢one or less intense zone.
Conditional Use Permit No. 2005-05052 -to construct a 7-unit semi-attached residential
condominium complex,
Tentative Tract Mao No. 18974 - to establish a 1-lot, 7-unit semi-attached single-
. family residential condominium subdivision..
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal to
permit a 7-unit semi-attached residential subdivision and does hereby approve the Negative
Declaration upon a finding that the declaration reflects the independentjudgment of the lead
agency; and that it has considered the Negative Declaration together with any comments
received during the public review process and further finding on the basis of the Initial Study
and comments received that there is no substantial evidence that the project will have a
significant effect on the environment.
Commissioner XXX offered a motion, seconded by Commissioner XXX and MOTION
CARRIED, that the Anaheim Planning Commission does hereby determine that the proposed
tentative tract map, including its design and improvements, is consistent with the Anaheim
General Plan, and does therefore approve Tentative Tract Map No. 16974, to establish a
1-lot, 7-unit semi-attached single-family residential condominium subdivision, subject to the
following conditions:
200 South Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEl (714)765-5139
1. That the final map shall be submitted to and approved by the City of Anaheim and
the Orange County Surveyor and then shall be recorded in the Office of the Orange
County Recorder (Subdivision Map Act, Section 66499.40).
2. The legal property owner shall execute a Subdivision Agreement, in a form approved
by the City Attorney, to complete the required public improvements at the legal
property owner's expense. Said agreement shall be submitted to the Public Works
Department, Subdivision Section approved by the City Attorney and City Engineer
and then recorded concurrently with the final parcel map.
3. The vehicular access rights to Magnolia Avenue, except at the street opening, shall
be released and relinquished to the City of Anaheim.
4. That the access drive, sanitary sewer and storm drain within the development shall
be privately maintained. Improvement plans for the sanitary sewer, and private
drainage system shall be submitted to the Public Works Department, Development
Services Division concurrently with the final map.
5. That since the site is located within a liquefaction zone on a Seismic Hazard Map issued
by the State of California Divisions of Mines and Geology (DMG), the developer must
submit a geotechnical report that meets the requirements for a "Screening Investigation
for Liquefaction Potential" as identified in DMG special publication 117 "Guidelines for
Evaluating and Mitigating Seismic Hazards in California" prior to grading plan approval.
Please note that if the findings of the screening investigation cannot demonstrate the
absence of liquefaction hazards, then the comprehensive quantitative evaluation must
be conducted to develop mitigation recommendations to effectively reduce the hazard to
an acceptable level.
6. That prior to final map approval, a maintenance covenant, shall be submitted to the
Subdivision Section and approved by the City Attorney's office. The covenant shall
include provisions for maintenance of private facilities, including compliance with
approved Water Quality Management Plan, and a maintenance exhibit. The covenant
shall be recorded concurrently with the final map.
7. That approval of this parcel map is granted subject to the approval of Reclassification
No. 2005 -00172 and Conditional Use Permit No. 2005 - 05052, now pending.
8. That prior to final parcel map approval, Condition Nos. 1, 2, 3, 4, 5, 6 and 7, above -
mentioned, shall be complied with.
9. 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.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
TTM16974_Excerpt
ITEM NO. 1A
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General Plan Amendment No. 2005 -00439 Subject Property
Reclassification No. 2005 -00168 = Date: January 9, 2006
Conditional Use Permit No. 2005 -05046
Tentative Tract Map No. 16932 Scale: 1"=200'
Requested By: JACKIE RODARTE, THE OLSON COMPANY Q.S. No. 44
GENERAL PLAN AMENDMENT NO. 2005 -00439 — REQUEST TO REDESIGNATE THE PROPERTY FROM THE
PUBLIC INSTITUTIONAL LAND USE DESIGNATION TO THE LOW - MEDIUM DENSITY RESIDENTIAL LAND
USE DESIGNATION.
RECLASSIFICATION NO. 2005 -00168 — REQUEST TO RECLASSIFY THE PROPERTY FROM THE C -G
(GENERAL COMMERCIAL) ZONE TO THE RM -3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE.
CONDITIONAL USE PERMIT NO. 2005 -05046 — REQUEST TO PERMIT 32 -UNIT, SINGLE - FAMILY ATTACHED
RESIDENTIAL CONDOMINIUM PROJECT WITH WAIVERS OF: (A) PERMITTED ENCROACHMENTS INTO
REQUIRED STREET SETBACKAND (B) MINIMUM DISTANCE OF MONUMENT SIGN FROM PUBLIC
RIGHT-OF-WAY-
TENTATIVE TRACT MAP NO. 16932 — REQUEST TO PERMITA 1 -LOT, 32 -UNIT AIRSPACE ATTACHED
RESIDENTIAL CONDOMINIUM SUBDIVISION.
1731 Medical Center Drive
2113
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General Plan Amendment No. 2005 -00439 Subject Property
Reclassification No. 2005 -00168 = Date: January 9, 2006
Conditional Use Permit No. 2005 -05046
Tentative Tract Map No. 16932 Scale: 1"=200'
Requested By: JACKIE RODARTE, THE OLSON COMPANY Q.S. No. 44
GENERAL PLAN AMENDMENT NO. 2005 -00439 — REQUEST TO REDESIGNATE THE PROPERTY FROM THE
PUBLIC INSTITUTIONAL LAND USE DESIGNATION TO THE LOW - MEDIUM DENSITY RESIDENTIAL LAND
USE DESIGNATION.
RECLASSIFICATION NO. 2005 -00168 — REQUEST TO RECLASSIFY THE PROPERTY FROM THE C -G
(GENERAL COMMERCIAL) ZONE TO THE RM -3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE.
CONDITIONAL USE PERMIT NO. 2005 -05046 — REQUEST TO PERMIT 32 -UNIT, SINGLE - FAMILY ATTACHED
RESIDENTIAL CONDOMINIUM PROJECT WITH WAIVERS OF: (A) PERMITTED ENCROACHMENTS INTO
REQUIRED STREET SETBACKAND (B) MINIMUM DISTANCE OF MONUMENT SIGN FROM PUBLIC
RIGHT-OF-WAY-
TENTATIVE TRACT MAP NO. 16932 — REQUEST TO PERMITA 1 -LOT, 32 -UNIT AIRSPACE ATTACHED
RESIDENTIAL CONDOMINIUM SUBDIVISION.
1731 Medical Center Drive
2113
Date of Aerial Photo: May 2002
General Plan Amendment No. 2005 -00439
Reclassification No. 2005 -00168
Conditional Use Permit No. 2005 -05046
Tentative Tract Map No. 16932
Subject Property
Date: January 9, 2006
Scale: 1"=200'
Requested By: JACKIE RODARTE, THE OLSON COMPANY Q.S. No. 44
GENERAL PLAN AMENDMENT NO. 2005 -00439 — REQUEST TO REDESIGNATE THE PROPERTY FROM THE
PUBLIC INSTITUTIONAL LAND USE DESIGNATION TO THE LOW - MEDIUM DENSITY RESIDENTIAL LAND
USE DESIGNATION.
RECLASSIFICATION NO. 2005 -00168 — REQUEST TO RECLASSIFY THE PROPERTY FROM THE C -G
(GENERAL COMMERCIAL) ZONE TO THE RM -3 (RESIDENTIAL, MULTIPLE FAMILY) ZONE.
CONDITIONAL USE PERMIT NO. 2005 -05046 — REQUEST TO PERMIT 32 -UNIT, SINGLE - FAMILY ATTACHED
RESIDENTIAL CONDOMINIUM PROJECT WITH WAIVERS OF: (A) PERMITTED ENCROACHMENTS INTO
REQUIRED STREET SETBACKAND (B) MINIMUM DISTANCE OF MONUMENT SIGN FROM PUBLIC
RIGHT-OF-WAY-
TENTATIVE TRACT MAP NO. 16932 — REQUEST TO PERMITA 1 -LOT, 32 -UNIT AIRSPACE ATTACHED
RESIDENTIAL CONDOMINIUM SUBDIVISION.
1731 Medical Center Drive
2113
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 2.5 -acre property has a frontage of 462 feet on the north side of
Medical Center Drive, a maximum depth of 273 feet and is located 587 feet west of the
centerline of Euclid Street (1731 Medical Center Drive).
REQUEST:
(2) The petitioner requests approval of the following:
General Plan Amendment No. 2005 -00439 —to redesignate the property from the Public
Institutional land use designation to the Low - Medium Density Residential land use
designation.
Reclassification No. 2005 - 00168 to reclassify the property from the C -G (General
Commercial) zone to the RM -3 (Residential, Multiple - Family) zone or less intense zone.
Conditional Use Permit No. 2005 - 05046 -to construct a 32 -unit single - family attached
residential condominium project with waivers of the following:
(a) Section No. 18.06.090.080.0806
Permitted encroachments
(DELETED)
(b) Section No. 18.44.070.010
Minimum distance of monument sign
from public right -of -way
(7 feet required; 2 feet proposed)
Tentative Tract Map No.16932 to establish a 1 -lot, 32 -unit airspace attached single - family
condominium subdivision-
BACKGROUND
(3) This property is currently vacant and zoned C -G (General Commercial) and the Anaheim
General Plan designates this property for Institutional land uses. The adjacent property to the
north is also designated for Institutional land uses, the property to the south (across Medical
Center Drive) is designated for mixed use land uses; the property to the west is designated for
Residential Low - Medium land uses and the property to the east for General Commercial land
uses.
sr cup2005- 05046.dm
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
9a.
CEQA NEGATIVE DECLARATION
(Motion)
9b.
GENERAL PLAN AMENDMENT NO. 2005 -00439
(Resolution)
9c.
RECLASSIFICATION NO. 2005 -00168
(Resolution)
9d.
WAIVER OF CODE REQUIREMENT
(Motion)
9e.
CONDITIONAL USE PERMIT NO. 2005 -05046
(Resolution)
9F.
TENTATIVE TRACT MAP NO. 16932
(Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly- shaped, 2.5 -acre property has a frontage of 462 feet on the north side of
Medical Center Drive, a maximum depth of 273 feet and is located 587 feet west of the
centerline of Euclid Street (1731 Medical Center Drive).
REQUEST:
(2) The petitioner requests approval of the following:
General Plan Amendment No. 2005 -00439 —to redesignate the property from the Public
Institutional land use designation to the Low - Medium Density Residential land use
designation.
Reclassification No. 2005 - 00168 to reclassify the property from the C -G (General
Commercial) zone to the RM -3 (Residential, Multiple - Family) zone or less intense zone.
Conditional Use Permit No. 2005 - 05046 -to construct a 32 -unit single - family attached
residential condominium project with waivers of the following:
(a) Section No. 18.06.090.080.0806
Permitted encroachments
(DELETED)
(b) Section No. 18.44.070.010
Minimum distance of monument sign
from public right -of -way
(7 feet required; 2 feet proposed)
Tentative Tract Map No.16932 to establish a 1 -lot, 32 -unit airspace attached single - family
condominium subdivision-
BACKGROUND
(3) This property is currently vacant and zoned C -G (General Commercial) and the Anaheim
General Plan designates this property for Institutional land uses. The adjacent property to the
north is also designated for Institutional land uses, the property to the south (across Medical
Center Drive) is designated for mixed use land uses; the property to the west is designated for
Residential Low - Medium land uses and the property to the east for General Commercial land
uses.
sr cup2005- 05046.dm
Page 1
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
(4) The following zoning actions have occurred on the subject property:
(a) Conditional Use Permit No. 3640 (to permit a 16 -unit (16 bed) expansion to an
existing 179 -unit (206 bed) senior citizen's retirement facility with waiver of required
parking lot landscaping and minimum number of parking spaces) was approved by
the Planning Commission on November 1, 1993.
(b) On November 21, 1988, the Planning Commission approved a modification to
Conditional Use Permit No. 2720 (to permit the construction of a 179 -unit senior
citizen's retirement facility adding waivers of minimum number of parking spaces
and required fencing) in order to allow the applicant to construct the 179 -unit senior
retirement facility without having to develop the 99 -bed skilled nursing facility.
(c) Conditional Use Permit No. 2720 (to construct a 179 -unit senior citizen's retirement
facility and a 99 -bed skilled nursing facility with waiver of required lot frontage) was
approved by the Planning Commission on September 30, 1985.
GENERAL PLAN AMENDMENT REQUEST:
(5) The petitioner requests an amendment to the Land Use Element Map of the General Plan to
redesignate this property from the Public- Institutional land use designation to the Low - Medium
Density Residential land use designation.
Public
Institutional
General
Commercial
G HAREM
(6) The Land Use Element of the Anaheim General Plan is the official guide for Anaheim's future
development. It designates the distribution and location of specific land uses and addresses
the permitted densities for each land use designation.
Page 2
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
(7) The Land Use Element text of the General Plan describes the Low - Medium Density
Residential land use designation as follows :
"The Low - Medium Density Residential designation provides for a wide range of residential
uses, including detached, small -lot single- family homes, attached single- family homes, patio
homes, zero lot line homes, duplexes, townhomes and mobile home parks. This category is
implemented by the RS -4, RM -1, RM -2 and RM -3 zones. The permitted density range is from
zero up to 18 units per gross acre.
(8) The Low - Medium Density Residential land use designation is the appropriate land use
category for the proposed project. Thirty-Two (32) units constructed on this 2.5 -acre site
would yield a density of 12.8 dwelling units per acre.
DEVELOPMENT PROPOSAL:
(9) The applicant proposes to reclassify this property from the C -G (General Commercial) zone to
the RM -3 (Residential Multiple - Family) zone in order to construct a 32 -unit attached residential
subdivision. The zone is a typical implementation zone for the proposed General Plan land
use designation of Low - Medium Density Residential.
View of the site from Medical Center Drive
(10) The site plan (Exhibit No. 1) indicates the following:
Development Standards
Proposed Project
RM -3 Zone Standards
Site Area
2.5 acres 108,900 s . ft.
N/A
Minimum Lot Width
460 feet
70 feet
Number of Dwelling Units
32
45
Average Land Area per Unit
3,403 s . ft.
2,400 s . ft-
Lot Covera e
21.1%
45%
Average Recreation /Leisure
Area per Unit
577 sq. ft. per unit
(18 total
350 sq. ft. per unit
(11 total
Page 3
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
(11) The site plan and tract map indicate the following setbacks:
*Proposed Waiver
(12) The site plan indicates the project is designed with six cluster buildings containing 4 to 6 units
with interior landscaped setbacks ranging from 15 to 40 feet between the buildings in
compliance Code. Plans further indicate that the buildings have a maximum building wall
length of 20 in compliance with Code.
(13) The tentative tract map indicates the subdivision would consist of 1 airspace residential lot with
5 lettered lots for the private accessways. Plans also indicate that the existing parking and
access agreement for the adjacent senior facility will still be in place with this development.
(14) The floor plans (Exhibit Nos. 2 through 6) indicate 3 -story units consisting of living room, dining
room, den (for Plan 1) kitchen, patio, balcony, deck, 2 or 3 bedrooms, bathrooms, and attached
2 -car garages with storage area. The unit types are summarized as follows:
Plan
Proposed Structural
Code - Required
No. of Bedrooms
Direction
Setbacks
Structural Setbacks*
Ad acent Zonin
North (adjacent to
19
1,570
2 Bed
Senior Residential
15 to 36 feet
15 feet
CG
Care Facili
13
1,570
3 Bed
East (adjacent to car
3 Baths
dealership)
132 feet
20 feet
CG
South (adjacent to
Medical Center
7 feet (to outdoor
15 feet
N/A
Drive)
patio)*
15 feet to building
wall
West (adjacent to
mobile home ark )
75 feet
20 feet
T
*Proposed Waiver
(12) The site plan indicates the project is designed with six cluster buildings containing 4 to 6 units
with interior landscaped setbacks ranging from 15 to 40 feet between the buildings in
compliance Code. Plans further indicate that the buildings have a maximum building wall
length of 20 in compliance with Code.
(13) The tentative tract map indicates the subdivision would consist of 1 airspace residential lot with
5 lettered lots for the private accessways. Plans also indicate that the existing parking and
access agreement for the adjacent senior facility will still be in place with this development.
(14) The floor plans (Exhibit Nos. 2 through 6) indicate 3 -story units consisting of living room, dining
room, den (for Plan 1) kitchen, patio, balcony, deck, 2 or 3 bedrooms, bathrooms, and attached
2 -car garages with storage area. The unit types are summarized as follows:
Plan
No. of Units
Living Area (s.f.)
No. of Bedrooms
Bathrooms
1
19
1,570
2 Bed
2.5 Baths
2
13
1,570
3 Bed
3 Baths
(15) Vehicular access would be provided via two existing 25 -foot wide driveways from Medical
Center Drive that will be enhanced with decorative concrete entry paving. The site plan
indicates 82 parking spaces available within the project, including 2 garage spaces for each
unit, and 18 open (guest) parking spaces. Code requires a total of 82 parking spaces based on
the requirement of 225 spaces for each 2- bedroom unit (225 x 19 units = 43 spaces) and 3
spaces for each 3- bedroom unit (3 x 13 units = 39 spaces). Of the 82 required parking spaces,
8 spaces are designated for visitor parking.
(16) The site plan indicates that the site would be served from an interior private accessway system
that would accommodate both vehicular and pedestrian circulation throughout the site. The
private accessways would be improved with a 5 -foot wide sidewalk providing pedestrian access
to and from all the units and to the proposed common open space area consisting of tables,
chairs and a trellis feature. The sidewalks would also provide access through the complex to
the adjacent senior facility to the north.
Page 4
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
(17) A total of 18,480 square feet of recreational /leisure area would be provided via a combination of
private patio areas (6,663 s.f.), private balconies (1,452 s.f.) and common green areas 10,365
s.f. Code requires a total of 11,200 square feet which may be provided in any combination of
private or common area.
(18) Conceptual elevation renderings (Exhibit Nos. 7 through 9) indicate 3 -story 35 foot high,
condominium buildings with Craftsman style architecture. Materials would consist of stucco
walls, contrasting white and earth tone colors, composition roof shingles, decorative gable end
details, wood railing, decorative louvered shutters, brick veneer trim along the building wall
elevations and brick veneer trim columns. Architectural relief is provided through the use of
projecting balconies and decks and various projecting walls to break up the building mass. The
colored elevation plans indicates a four -color scheme consisting of white and beige smooth
stucco walls with green doors with dark brown accent shutters. As a recommended condition of
approval, the applicant would be required to submit final detailed elevation plans indicating
enhanced materials and architectural features for staff review.
(19) The conceptual landscape plan (Exhibit No.10) indicates 26 trees (20 new trees and 6 existing
trees) consisting of Jacaranda, Firewheel, Crape Myrtle, Brisbane Box, Sunman Cherry, Carrot
Wood, Australian Willow, Purple Leaf Plum and Fern Pine trees within the landscape setback
along Medical Center Drive. The plan also indicates the same variety of trees proposed within
the interior landscape areas. A variety of shrubs and groundcover is also proposed. The
landscape plans further indicate a 3 -foot high decorative fence to be provided at the front
entrance to each of the units for the private yard area. Code requires one, 24 -inch box
evergreen tree for every 20 feet of street frontage to be planted in the landscape setback
adjacent to Medical Center Drive (460 feet120 = 23). A layered landscaped theme is required to
provide depth and variety within the landscaped setback. Code further requires that 50% of all
shrubbery be a minimum of five (5) gallons in size at the time of planting. As a recommended
condition of approval, the applicant will be required to submit final detailed landscape and
irrigation plans for staff review.
ENVIRONMENTAL IMPACT ANALYSIS:
(20) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in
the Planning Department) and finds no significant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Commission that
the Negative Declaration reflects the independent judgment of the lead agency; and that it has
considered the proposed Negative Declaration together with any comments received during the
public review process and further finding on the basis of the Initial Study and any comments
received that there is no substantial evidence that the project will have a significant effect on
the environment-
EVALUATION
(21) Attached single family residences are permitted in the RM -3 Zone, subject to the approval of a
conditional use permit for a Residential Planned Unit Development under authority of Code
Section 18.06.160 pertaining to residential planned unit developments.
(22) Waiver (a) has been deleted since the RM -3 planned unit development standards allow
flexibility regarding setbacks.
(23) Waiver (b) pertains to minimum distance of monument sign to the public right -of -way. Code
requires a minimum distance of 7 feet between the monument sign and the public right -of -way
and 2 feet is proposed. Plans indicate an entry wall sign which incorporates both the proposed
condo development and the senior living facility. To justify this waiver, the petitioner has
Page 5
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
submitted the attached Justification Form indicating that in order to clearly identify both uses
(senior facility and condos) from the street with the constraint of the location of the existing
driveway, the only location where a sign can be placed while meeting the line of sight
requirements, is 2 feet from the public right -of -way. The fixed location of the driveways
combined with limited opportunities for placement of the monument sign impose constraints on
the ability to appropriately identify both the senior facility and the proposed project. The
proposed sign location complies with the line -of -sight requirements.
(24) Modification to certain development standards is allowed in order to achieve good project
design, privacy, livability, and compatibility with surrounding uses, as outlined in Code Section
18.06.160. Code allows modification to standards (such as the setback for the patios along
Medical Center Drive) in order to achieve good project design, privacy, livability, and
compatibility with surrounding uses.
(25) Staff believes the proposed project achieves the best design for this product type given the
configuration of the property. The scale and massing of the project is compatible with existing
land uses to the north and west and, despite the encroachment of the patios into the setback
along Medical Center Drive, the project maintains good overall project design. This
modification regarding the patios is allowed if the Commission finds that the deviation would
achieve a good project design, enhance the privacy and livability for residents within and
around the project, and create a project that is compatible and consistent with surrounding land
uses. Staff believes that the proposed design achieves these objectives-
FINDINGS
(26) Prior to making a recommendation for approval of a General Plan Amendment, Commission
shall make the following findings:
(a) The proposed amendment maintains the internal consistency of the General Plan;
(b) The proposed amendment would not be detrimental to the public interest, health,
safety, convenience, or welfare of the City;
(c) The proposed amendment would maintain the balance of land uses within the City;
and,
(d) If the amendment is to the General Plan Land Use Map, the subject property is
physically suitable to accommodate the proposed modification, including but not limited
to access, physical constraints, topography, provision of utilities, and compatibility with
surrounding land uses.
(27) Before the Planning Commission approves a conditional use permit for a residential planned
unit development, it shall make the following findings:
(a) The uses within the project are compatible;
(b) 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;
(c) Vehicular and pedestrian access are adequate;
(d) The project is consistent with applicable design guidelines adopted by the City;
(e) 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;
Page 6
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
(f) 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;
(g) The project complies with the General Plan and any applicable zoning or specific plan;
and
(h) 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.
(28) 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 variance is to prevent discrimination and none shall be approved which would have
the effect of granting a special privilege not shared by other similar properties. Therefore,
before any variance is granted by the 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.
(29) The State Subdivision Map Act (Government Code, Section 66473.5) makes it mandatory
to include in all motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and improvement is
consistent with the City's General Plan.
Further, the law requires that the Commission /Council make any of the following findings
when denying or recommending denial of a tract map:
1. That the proposed map is not consistent with applicable General and Specific Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable for the type of development.
4. That the site is not physically suitable for the proposed density of development.
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat.
6. That the design of the subdivision or the type of improvements is likely to cause
serious public health problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision.
Page 7
Staff Report to the
Planning Commission
January 9, 2006
Item No. 9
RECOMMENDATION:
(30) Staff recommends, that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning Commission, including
the evidence presented in this staff report, and oral and written evidence presented at the
public hearing and the findings included in the attached resolutions including recommended
conditions of approval, the Planning Commission take the following actions:
(a) By motion, aoorove a Negative Declaration
(b) By resolution, recommend that the City Council adopt General Plan Amendment No-
2005-00439, to redesignate the property from the Public Institutional land use
designation to the Low - Medium Density Residential land use designation.
(c) By resolution aoorove Reclassification No. 2005 -00168 to reclassify this property
from the C -G (General Commercial) zone to the RM -3 (Residential, Multiple - Family)
zone.
(d) By motion, deny waiver (a) pertaining to permitted encroachments for the patios
since it has been deleted and approve waiver (b) pertaining to the minimum distance
of monument sign to the public right -of -way based upon the findings contained in the
staff report.
(e) By resolution, approve Conditional Use Permit No. 2005 -05046 to construct a 32 -unit
single - family attached residential condominium project.
(f) By motion, approve Tentative Tract Map No. 16932 —to establish a 1 -lot, 32 -unit
airspace attached single - family condominium subdivision based upon the attached
conditions of approval and that the design and improvement of the subdivision is
consistent with the General Plan as amended.
In the event of significant opposition at the public hearing for this request, the Commission may
wish to recommend City Council review of items 9c, 9d, 9e and 9F.
�'ID
[DRAFT]
RESOLUTION NO. PC2006 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
RECOMMENDING TO THE CITY COUNCIL ADOPTION
OF GENERAL PLAN AMENDMENT NO. 2005 -00439 PERTAINING TO THE LAND USE ELEMENT
(1731 WEST MEDICAL CENTER DRIVE)
WHEREAS, the Anaheim City Council did adopt the Anaheim General Plan by Resolution No-
69R-644, as amended comprehensively by Resolution No. 2004R -95, showing the general description and
extent of possible future development within the City; and
WHEREAS, The City did receive a verified petition requesting an amendment to the General
Plan to amend the Land Use Element of the General Plan from the Institutional land use designation to the Low
Medium Density Residential designation on a property described as follows:
PARCEL 2 OF PARCEL MAP NO 85 -229, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, FILED IN BOOK 215, PAGES 10 AND 11 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear
and consider evidence for and against said proposed reclassification and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts
1 - That the proposed residential development, capped at 32 dwelling units would comply with the
density limitations and land use types identified for the Low - Medium Density Residential General Plan
designation.
2. That the proposed amendment property relates to the established land use patterns in the
vicinity and therefore, said amendment would be compatible with, and further the goals of said Plan and
therefore, Exhibit A should be adopted redesignating the subject property from the Public- Institutional land use
designation to the Low - Medium Density Residential land use designation.
3. 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 redesignate subject property from the Public- Institutional land use
designation to the Low - Medium Density Residential land use designation 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 pursuant to the above findings, the Anaheim
Planning Commission does hereby recommend to the City Council of the City of Anaheim adoption of General
Plan Amendment No. 2005 -00439 pertaining to the Land Use Element to redesignate the property from the
Public- Institutional land use designation to the Low - Medium Density Residential designation and capping the
number of dwelling units on this property at thirty -two.
Cr>,PC2006- -1- PC2006
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that
adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such 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.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
CHAIRMAN. ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY. ANAHEIM PLANNING COMMISSION
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
January 9, 2006 by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2006.
IN WITNESS WHEREOF, 1 have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-
[DRAFT]
RESOLUTION NO. PC2006 - * **
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT APPLICATION FOR RECLASSIFICATION NO. 2005 -00168 BE GRANTED
(1731 WEST MEDICAL CENTER DRIVE)
WHEREAS, the Anaheim Planning Commission did receive a verified application for
Reclassification for real property situated in the City of Anaheim, County of Orange, State of California,
described as follows:
PARCEL 2 OF PARCEL MAP NO 85 -229, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, FILED IN BOOK 215, PAGES 10 AND 11 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of
Anaheim on January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly given as required by
law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear
and consider evidence for and against said proposed reclassification and to investigate and make findings and
recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself and
in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and
determine the following facts
1 - That the petitioner proposes reclassification of subject property from the C -G (General
Commercial) zone to the RM -3 (Residential, Multiple - Family) zone.
2. That the applicant is requesting a General Plan Amendment to designate this property for Low
Medium Density Residential land uses. The RM -3 zone is a typical implementation zone for this land use
designation.
3. That the proposed reclassification of subject property is necessary and/or desirable for the
orderly and proper development of the community.
4. That the proposed reclassification of subject property does properly relate to the zones and their
permitted uses locally established in close proximity to subject property and to the zones and their permitted
uses generally established throughout the community.
5. That * ** indicated their presence at said public hearing in opposition; and that 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 reclassify subject property from the C -G (General Commercial) zone
to the RM -3 (Residential, Multiple - Family) zone, or less intense zone; 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
approve the subject Application for Reclassification to authorize an amendment to the Zoning Map of the
Anaheim Municipal Code to exclude the above - described property from the C -G (General Commercial) zone
and to incorporate said described property into the RM -3 (Residential, Multiple - Family) zone, upon the following
conditions which are hereby found to be a necessary prerequisite to the proposed use of subject property in
order to preserve the health and safety of the Citizens of the City of Anaheim:
Cr>,PC2006- -1- PC2006-
That prior to introduction of an ordinance rezoning subject property, a preliminary title report shall be
furnished to the Planning Services Division showing the legal vesting of title, a legal description and
containing a map of the property.
2. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition No. 1, above - mentioned, shall be completed. The City Council may approve or
disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the procedure set forth in
Anaheim Municipal Code Section 18.60.140 shall apply. The provisions or rights granted by this resolution
shall become null and void by action of the Planning Commission unless said conditions are complied with
within one (1) year from the date of this resolution, or such further time as the Planning Commission may
grant.
3. That completion of these reclassification proceedings is contingent upon approval of Conditional Use
Permit No. 2005 - 05046, General Plan Amendment No. 2005 -00439 and Tentative Tract Map No. 16932.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the request
regarding any other applicable ordinance, regulation or requirement.
BE IT RESOLVED that the Anaheim Planning Commission does hereby find and determine that
adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the
conditions hereinabove set forth. Should any such 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.
BE IT FURTHER RESOLVED, that this resolution shall not constitute a rezoning of, or a
commitment by the City to rezone, the subject property; any such rezoning shall require an ordinance of the City
Council, which shall be a legislative act, which may be approved or denied by the City Council at its sole
discretion.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to
the processing of this discretionary case application within 15 days of the issuance of the final invoice or prior to
the issuance of building permits for this project, whichever occurs first. Failure to pay all charges shall result in
delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60 "Procedures" of
the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution
in the event of an appeal.
CHAIRMAN, ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-2- PC2006-
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
January 9, 2006, by the following vote of the members thereof:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
2006.
IN WITNESS WHEREOF, I have hereunto set my hand this day of
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-3- PC2006-
[DRAFT]
RESOLUTION NO. PC2006 ="'
A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 2005 -05046 BE GRANTED
WHEREAS, the Anaheim Planning Commission did receive a verified Petition for Conditional
Use Permit for certain real property situated in the City of Anaheim, County of Orange, State of California,
described as:
PARCEL 2 OF PARCEL MAP NO 85 -229, IN THE CITY OF ANAHEIM, COUNTY OF ORANGE,
STATE OF CALIFORNIA, FILED IN BOOK 215, PAGES 10 AND 11 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the
City of Anaheim on January 9, 2006, at 2:30 p.m., notice of said public hearing having been duly given as
required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60, to
hear and consider evidence for and against said proposed conditional use permit and to investigate and
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by itself
and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find
and determine the following facts:
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Section No. 18.06.160, to construct a 32 -unit single - family attached residential
condominium project with waiver of the following:
(a) Section No. 18.06.090.080.0806 (Deleted)
(b) Section No. 18.44.070.010 Minimum Distance of Monument Sign to
Public Right- of -Way
(7 feet required; 2 feet proposed)
2. That the above - mentioned waiver (a) is hereby denied because it has been deleted.
3. That the above - mentioned waiver (b) is hereby approved based on the finding that the
property is unique in that the location of the existing driveway constrains the permitted location of the sign.
In order to meet the line -of -sight requirements, the sign must be placed two (2) feet from the public right -of-
way to clearly identify both uses (senior facility and condos) from the street.
4. That the proposed use will not adversely affect the adjoining land uses or the growth and
development of the area in which it is proposed to be located as the proposed project is compatible with
existing and surrounding land uses and that the deviations from the Code as provided in Section 18.06.160
would achieve a good project designed to enhance the privacy and livability for residents within and around
the project.
5. That the proposed use would not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed.
6. That the size and shape of the site proposed for the use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area or to the health and
safety.
7. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area as the proposed project.
Cr\PC2006 -0 -1- PC2006-
8. That the granting of the conditional use permit under the conditions imposed will not be
detrimental to the health and safety of the citizens of the City of Anaheim.
9. 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 construct a 32 -unit single - family attached residential condominium
project; 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
health and safety of the Citizens of the City of Anaheim
1 - That roll -up garage doors shall be shown on plans submitted for building permits. Said doors shall
be installed and maintained as shown on submitted plans.
2. That gates shall not be installed across any driveway or private street 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
Planning Services Division. Said information shall be specifically shown on plans submitted for
building permits.
3. That final landscaping and fencing plans for the subject property shall be submitted to the Planning
Services Division for review and approval. Any decision made by the Planning Services Division
regarding said plan may be appealed to the Planning Commission. All trees shall be properly and
professionally maintained by the homeowners association to ensure healthy growth.
4. That final building elevation plans and a colors and materials board, showing building articulation,
enhanced materials and architectural embellishments for all elevations, shall be submitted to the
Planning Services Division for review and approval. Any decision made by the Planning Services
Division regarding said plan may be appealed to the Planning Commission.
5. That all air - conditioning facilities and other ground - mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties. Such information shall be
specifically shown on the plans submitted for building permits.
6. That all plumbing or other similar pipes and fixtures located on the exterior of the buildings shall be
fully screened by architectural devices and /or appropriate building materials. Said information shall
be specifically shown on the plans submitted for building permits.
7. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty -four (24)
hours from time of occurrence.
8. That clothes washer and dryer hookups shall be incorporated into each dwelling unit and shall be
shown on the plans submitted for building permits.
-2- PC2006-
9. That this Conditional Use Permit is granted subject to approval of General Plan Amendment No-
2005-00439, Reclassification No. 2005 -00168 and the approval and recordation of Tentative Tract
Map No. 16932, now pending.
10. That any tree planted on -site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and /or dead.
11. That the locations for future above - ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on plans submitted for building permits. Plans shall also identify the specific screening treatments of
each device (i.e., landscape screening, color of walls, materials, identifiers, access points, etc.) and
shall be subject to the review and approval of the appropriate City departments. Said information
shall be specifically shown on plans submitted for building permits.
12. 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.
13. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
14. That plans shall be submitted to the Traffic and Transportation manger for his review and approval
showing conformance with Engineering Standard No. 115 pertaining to sight distance visibility for the
monument sign and fence location(s).
15. That each individual building and unit shall be clearly marked with its appropriate building number
and address. Marking shall be positioned so they are easily viewed from vehicular and pedestrian
accessways throughout the complex. Main building numbers shall be a minimum height of 12" and
illuminated during hours of darkness. Said information shall be specifically shown on plans
submitted for building permits.
16. That No Trespassing 602(k) P.C. signs shall be posted at the entrance to the parking lot and located
in other appropriate places.
17. That all entrances to the parking area shall be posted with appropriate signs per 22658(a) C.V.0 to
assist in removal of vehicles at the property owner's association request.
18. That the parking designated for the adjacent senior facility as required under the recorded access
agreement, shall only be used for parking for the senior facility and not for any guest parking or
resident parking from this development.
19. That the City of Anaheim Sewer Impact Mitigation fee for the Combined West Anaheim Area, Zone B
shall be paid.
20. That placement of physical barriers capable of stopping or deflecting a moving vehicle (low concrete
wall, concrete planters, steel bollards, etc.) between any outdoor recreation areas and adjacent
parking spaces is shall be shown on plans submitted for building permits.
21. That prior to the issuance of a grading permit, the applicant shall submit to the Public Works
Department, Development Services Division for review and approval a Water Quality Management
Plan that:
• Addresses Site Design Best Management Practices (BMPs) such as minimizing impervious
areas, maximizing permeability, minimizing directly connected impervious areas, creating
reduced or "zero discharge" areas, and conserving natural areas.
• Incorporates the applicable Routine Source Control BMPs as defined in the Drainage Area
Management Plan-
-3- PC2006-
• Incorporates Treatment Control BMPs as defined in DAMP.
• Describes the long -term operation and maintenance requirements for the Treatment Control
BMPs.
• Identifies the entity that will be responsible for long -term operation and maintenance of the
Treatment Control BMPs, and describes the mechanism for funding the long -term operation and
maintenance of the Treatment Control BMPs.
22. That prior to issuance of a certificate of occupancy, the applicant shall:
• Demonstrate that all structural BMPs described in the Project WQMP have been constructed
and installed in conformance with approved plans and specifications.
• Demonstrate that the applicant is prepared to implement all non - structural BMPs described in
the Project WQMP
• Demonstrate that an adequate number of copies of the approved Projects WQMP are available
onsite.
• Submit for review and approval by the City an Operation and Maintenance Plan for all structural
BMPs.
23. That sanitary sewer and storm drains for this development shall be privately maintained.
24. That streets within the development shall be privately maintained. On- street parking is allowed only
in designated parking stalls. The street improvement plans shall either include no parking signs or
red curbs to identify the parking restriction.
25. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to the
Public Works Department, Streets and Sanitation Division for review and approval.
26. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department and in accordance with approved plans on file with said Department. Said
storage areas shall be designed, located and screened so as not to be readily identifiable from
adjacent streets or highways. The walls of the storage areas shall be protected from graffiti
opportunities by the use of plant materials such as minimum one - gallon size clinging vines planted
on maximum three -foot centers or tall shrubbery. Said information shall be specifically shown on the
plans submitted for building permits
27. That all backflow equipment shall be located above ground and outside of the street setback area in
a manner fully screened from all public streets. Any backflow assemblies currently installed in a
vault shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Water Engineering Division in either underground vaults or outside
of the street setback area in a manner fully screened from all public streets and alleys. Said
information shall be specifically shown on plans and approved by the Water Engineering
Department.
28. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonments of existing water services and fire lines, shall be coordinated through Water
Engineering Division of the Anaheim Public Utilities Department.
29. 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. Said
information shall be specifically shown on plans submitted for building permits.
30. That all existing water services and fire lines shall conform to current Water Service Standards
Specifications. Any water service and /or fire line that does not meet current standards shall be
4- PC2006-
upgraded if continued use if necessary or abandoned if the existing water service is no longer
needed. The owner /developer shall be responsible for the costs to upgrade or to abandon any water
service of fire line.
31. That prior to application for water meter, fire line or submitting the water improvement plans for
approval, the developer /owner shall submit to the Public Utilities Water Engineering an estimate of
the maximum fire flow rate and maximum day and peak hour water demands for the project. This
information will be sued to determine the adequacy of the existing water system to provide the
estimated water demands. Any off -site water system improvements required to serve the project
shall be done in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and Regulations.
32. That prior to rendering water service, the developer /owner shall submit a set of improvement plans
for Public Utilities Water Engineering review and approval in determining the conditions necessary
for providing water service to the project.
33 That water improvement plans shall be submitted to the water Engineering Division for approval and
a performance bond in the amount approved by the City Engineer and form approved by the City
Attorney shall be posted with the City of Anaheim.
34. That all driveways shall be constructed with ten (10) foot radius curb returns as required by the City
Engineer in conformance with Engineering Standard No. 115. Said information shall be shown on
the plans submitted for building permits.
35. That the property owner /developer shall install street lights on Medical Center Drive. A bond for the
installation of the streetlights shall be posted with the City of Anaheim prior to issuance of building
permits. The streetlights shall be installed prior to occupancy of the first unit.
36. 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.
37. 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 Exhibit Nos. 1 through 10, and as conditioned herein.
38. That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition Nos. 1, 2, 3, 4, 5, 6, 8, 9, 11, 12, 14, 15, 16, 17, 19, 20,
25, 26, 27, 29, 39, 40 and 41 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.
39. That prior to issuance of a grading permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first, Condition No. 21 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.
40. That prior to final building and zoning inspections, Condition Nos. 16, 17, 22 and 35 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.
41. 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-
-5- PC2006-
BE IT FURTHER RESOLVED that the Anaheim Planning Commission does hereby find and
determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and
all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared
invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution,
and any approvals herein contained, shall be deemed null and void.
BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related
to the processing of this discretionary case application within 15 days of the issuance of the final invoice or
prior to the issuance of building permits for this project, whichever occurs first. Failure to pay all charges
shall result in delays in the issuance of required permits or the revocation of the approval of this application.
THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of
January 9, 2006. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning
Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced
by a City Council Resolution in the event of an appeal.
CHAIRMAN. ANAHEIM PLANNING COMMISSION
ATTEST:
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
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 January 9, 2006, 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
, 2006.
SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION
-6- PC2006-
City of Anaheim
~LANNI~G ~E~AIZ'~'19~EI~I'T
January 9, 2006
wwvr.ana~eim.ner
Property Reserve Ina
Attn: Mark Gibbons
5 Triad Center, Suite 650
Salt Lake City, Utah 84180
Following is an excerpt from the minutes of the Anaheim Planning Commission meeting
of January 9, 2008.
9a. CEQA NEGATIVE DECLARATION
9b. GENERAL PLAN AMENDMENT NO. 2005-00439
9c. RECLASSIFICATION NO. 2005-00168
9d. WAIVER OF CODE REQUIREMENT
9e. CONDITIONAL USE PERMIT NO. 2005-05046
9f. .TENTATIVE TRACT MAP NO. 16932
Owner: Property Reserve Inc., Attn: Mark Gibbons, 5 Triad Center, Suite
650,' Salt Lake City; Utah 84180
Agent: Jackie Rodarte, The Olson Company, 3020 Old Ranch Parkway,
Suite 400, Seal Beach, CA 90740
Location: 1731 Medical Center Drive: Property is approximately 2.5 acres,
having a frontage of 462 feet on the north side of Medical Center
Drive and is located 587 feet west of the centerline of Euclid Street.
General Plan Amendment No. 2005-00439 -Request to redesignate the property
from the Public Institutional land use designation to the Low-Medium Density
Residential land use designation.
Reclassification No. 2005-00168 -Request to reclassify the property from the C-G
Commercial (General Commercial) zone to the RM-3 (Residential, Multiple-Family)
zone or Tess intense zone:
Conditional Use Permit No. 2005-05046 -Request to permit a 32-unit; single-
family attached residential condominium project with waivers of (a) permitted
encroachments into required street setback and (b) minimum distance of
monument sign from public right-of-way.
Tentative Tract Mao No. 16932 -Request to permit a 1-lot, 32-unit airspace
attached residential condominium subdivision.
ACTION: Commissioner XXX offered a motion, seconded by Commissioner XXX and
MOTION CARRIED, that the Anaheim Planning Commission has reviewed the proposal
and does hereby approve a CEQA Negative Declaration upon finding that it serves as
adequate environmental documentation regarding this request for Tentative Tract Map
Nd. 16932 (to establish a 1-lot, 32-unit airspace attached residential condominium
subdivision) subject to the following conditions:
200 Soulh Anaheim Boulevard
P.0. Box 3222
Anaheim, California 92803
TEL (714) 765-5139
1. That prior to the issuance of the first building permit, excluding model homes, the
final map shall be submitted to and approved by the City of Anaheim and the Orange
County Surveyor and then shall be recorded in the Office of the Orange County
Recorder (Subdivision Map Act, Section 66499.40).
2. That all condominium units shall be assigned street addresses by the Building
Division of the Planning Department. Street names for any new private street (if
requested by the developer or request by the City) shall be submitted to and
approved by the Building Division of the Planning Department.
3. That a maintenance covenant, shall be submitted to the Subdivison Section and
approved by the City Attorney's office. The covenant shall include provisions for
maintenance of private facilities, including compliance with approved Water Quality
Management Plan, and a maintenance exhibit. The covenant shall be recorded
concurrently with the final map.
4. That the legal property owner shall execute a Subdivision Agreement, in a form
approved by the City Attorney, to complete the required public improvements at the
legal property owner's expense. Said agreement shall be submitted to the Public
Works Department, Subdivision Section approved by the City Attorney and City
Engineer and then recorded concurrently with the final map.
5. That the vehicular access rights to Medical Center Drive, except at street
intersections, shall be released and relinquished to the City of Anaheim.
6. That the legal property owner shall irrevocably offer to dedicate to the City of
Anaheim, Water Engineering Division, an easement twenty (20) feet in width for
water service mains and /or an easement for large meters and other public water
facilities.
7. That approval of this tract map shall be subject to approval and finalization of
Reclassification No. 2005 - 00168, General Plan Amendment No. 2005 -00439 and
Conditional Use Permit No. 2005 - 05046.
8. That prior to final map approval, Condition Nos. 1 through 7, above - mentioned, shall
be complied with.
9. 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.
Sincerely,
Eleanor Morris, Senior Secretary
Anaheim Planning Commission
cc: Jackie Rodarte, The Olson Company, 3020 Old Ranch Parkway, Suite 400, Seal Beach, CA
90740
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2113
Attachment - Item No. 9
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2113
Attachment - Item No. 9
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE /CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: 00, 18 . OG ,pqO ORS ()ROB
( separate s at
PERTAINING TO: ,�,,,
ement is required for each Code waiver)
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Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
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 such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings ?')� Yes —No.
If your answer is "Yes," describe the special circumstances: OW wfekl is o1,i1i1_-dt A A-„ ,,. —; 1-- u
rVdteoa caxwer .Ndy -to w o tto OZ t ale pv
1 Are the special circumstances that apply to the property different from other
same zone as your property? Y_ Yes _ No
If your answer is "yes," describe how the property is
A _ _L_ _ _ _
ties in the vicinity wiutcn are in the
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
your ansy�er if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes No
EXPL
Q a
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
11.4 )01�
re of Property Owner or Authorized Agent Date
37625\DECEMBER 12, 2000
CONDITIONAL USE PERMIT/VARIANCE NO.
Justification Waiver, dot
ITEM NO. 1A
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Subject Property
Date: January 9, 2006
Scale: 1"=200'
Requested By: GARY CALKINS TRUST Q -S- No- 197
REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT
(B) MAXIMUM RETAINING WALL HEIGHT
(C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET
TO CONSTRUCT A SINGLE - FAMILY RESIDENCE-
TO ESTABLISH A 2 -LOT, 2 -UNIT DETACHED SINGLE - FAMILY RESIDENTIAL SUBDIVISION -
6263 East Trail Drive
2114
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ALL PROPERTIES ARE IN THE
(SC) (SCENIC CORRIDOR OVERLAY) ZONE ,
Variance No- 2005 -04655
Tentative Parcel Map No- 2005 -157
RH
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Subject Property
Date: January 9, 2006
Scale: 1"=200'
Requested By: GARY CALKINS TRUST Q -S- No- 197
REQUESTS WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT
(B) MAXIMUM RETAINING WALL HEIGHT
(C) LOT FRONTAGE ON A PUBLIC OR PRIVATE STREET
TO CONSTRUCT A SINGLE - FAMILY RESIDENCE-
TO ESTABLISH A 2 -LOT, 2 -UNIT DETACHED SINGLE - FAMILY RESIDENTIAL SUBDIVISION -
6263 East Trail Drive
2114
Staff Report to the
Planning Commission
January 9, 2006
Item No. 10
10a. CEQA MITIGATED NEGATIVE DECLARATION (Motion for continuance)
10b. VARIANCE NO. 2005 -04655
10c. TENTATIVE PARCEL MAP NO. 2005 -157
SITE LOCATION AND DESCRIPTION:
(1) This irregularly- shaped, 32 -acre property has a frontage of 47 feet at the terminus of Trail
Drive, a maximum depth of 737 feet and is located 145 feet west of the centerline of
Whitestone Drive (6263 East Trail Drive).
REQUEST:
(2) The applicant requests approval of the following:
Variance No. 2005 -04655 — Request waivers of (a) maximum structural height, (b)
maximum retaining wall height and (c) lot frontage on a public or private street to construct
a single - family residence.
Tentative Parcel Map No. 2005 - 157 —To establish a 2 -lot, 2 -unit detached single - family
residential subdivision-
BACKGROUND
(3) This property is developed with a single - family residence and is zoned RH -2 (SC) (Single -
Family, Hillside Residential; Scenic Corridor Overlay). The property is designated for
Estate Density Residential land uses in the Anaheim General Plan. The General Plan
designates properties abutting the site to the north, east and south for Estate Density
Residential land uses and the properties to the west for Low Density Residential land uses.
(4) Staff is requesting a continuance of two (2) weeks, to the January 23, 2006, meeting to
comply with the review period requirements for the Mitigated Negative Declaration
associated with this request. The applicant agrees with this continuance request-
RECOMMENDATION
(5) That the Commission, by motion, continue this item to the January 23, 2006, Planning
Commission meeting.
S R- VAR2005- 04655(co n't)akv
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