Loading...
PC 2009/01/05VAN m M p.�N 0 4MMIOMW Council Chamber, City Hall Anaheim, California Commissioners: Peter Agarwal, Kelly Buffa, Gail Eastman, Stephen Faessel, Victoria Ramirez Preliminary Plan Review 1:30 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 5, 2009 agenda Boulevard, Anaheim, Califomia, dyLinq regular business hours. You may leave a message for the Planning Commission using the followi e address: oglgnnlngg2MMsion@anaheim.net HA[OOS\PCAdmin\PCAoendaa\(}1O50&).doc Public Comments: This is an opportunity for members of the public to speak on any item under the jurisdiction of the Anaheim Planning Commission • 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 f rom the Consent Calendar f or separate action. I I t 4 iTt "- Receiving and approving the Minutes from the Planning Commission Meeting of November 24, 2008. - - 76 — Off'677(ining Commission 7• .7 =UrI_(r#M=GUF6 Meeting. :12RIN I r-MIMI I r, I #I MENIOGWALAMT �RIUI MMEMZ%?� Receiving and approving the Minutes from the Planning Commission Meeting • December 8, 2008 NOTE: Meeting minutes have been provided to the Planning Commission and are available for review at the Planning Department. �16 M HaNNN 2 1 9 1 Will i I Owner: Charles McNees 11211 Orange Park Aven Orange, CA 92869 1 Applicant: City of Anaheim, Planning Department 200 South Anaheim Boulevard Anaheim CA 92805 Request to initiate the revocation of Conditional Use Permit No 1063 (to permit a hall for variety shows, lectures, meetings, dances, etc., with on-sale liquor beverages in an existing structure), Project Planner Susan Kim skim @anaheim. net O1/O5/OQ Page 4 of 11 i* , 01/05/09 Page 5 of 11 4 rd 19 7L row 1 Owner: Lederer-Anaheim, LTD. 9200 Sunset Boulevard 91h Floor Los Angeles, CA 90069-3604 Applicant: Dayal Singh 1440 South Anaheim Boulevard Anaheim, CA 92805 Location: 1440 South Anaheim Boulevard: This property is approximately 14.7 acres, having a frontage of 512 feet on the east side of South Anaheim Boulevard, approximately 225 feet north of the centerline of Cerritos Avenue. I P MEM= iii Environmental Determination: A Categorical Exemption, Class 1 (Existing Facilities), has been prepared for this project in accordance with the provisions of the California Environmental Quality Act (CEQA). Project Planner: Scott Koehm skoem@anaheim.net MMKI]MWX*J ITEM NO. 5 REINSTATEMENT AND AMENDMENT OF Resolution No.— CONDITIONAL USE PERMIT NO. 2005-04971 (TRACKING NO. CUP2008-05392) Owner: Christi Cristich-Milazzo 5395 East Hunter Avenue Anaheim, CA 92807 Applicant: Barker and Pollock 5395 East Hunter Avenue Anaheim, CA 92807 Location: 5397 East Hunter Avenue:, This property is approximately 2.1 acres, having a frontage of 320 feet on the north side of Hunter Avenue, approximately 110 feet north of the centerline of Brasher Street. Request to reinstate a p reviously - approved conditional use Project Planner: permit for an indoor bounce house facility and to amend the Kimberly Wong permit to remove the time limitation. k�Lo �2@)anjaheim.net Environmental Determination: A Negative Declaration, which was previously prepared and approved, evaluates the potential environmental impacts of this project in accordance with the provisions of the California Environmental Quality Act (CEQA). ITEM NO. 6 ZONING CODE AMENDMENT 0. 2008 -00066 Request for Continuance to Applicant: Planning Department January 21, 2009 City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 Location: Citywide This is a request initiated by the City of Anaheim Planning Project Planner. Department to amend Chapter 18.04 (Single Family Vanessa Norwood Residential Zones) of the Anaheim Municipal Code related vnorwood@anaheim.net to the permitted height of non-habitable accessory structures; and, to amend Chapters 18.38 (Supplemental Use Regulations), 18.44 (Signs) and 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Anaheim Municipal Code related to temporary residential banner and future establishment sign provisions, including the creation of new wayfinding signage standards and procedures for residential developments within The Platinum Triangle. Environmental Determination: The proposed action is Categorically Exempt from the requirement to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines Class 1 (Existing Facilities) and 3 (New Construction or Conversion of Small Structures). 01/05/09 Page 5 of 11 Wfff LL N • * WA ILI kppllicant: Planning Ilepartment City of Anaheim 200 South Anaheim Boulevard Anaheim, CA 92805 I a nVAI(Ol I] CHUN - Hp.] 11CROU101" Irky-600111 ffi I It "Fol"I Jul lid I IUM0111119'el 05"UU11 21080, Public Resources Code. Request for Continuance to January 21, 2009 Project Planner. Vanessa Norwood vnorwood@anaheim.net Adjourn to Monday, January 21, 2009 at 1:30 P.M. for Preliminary Plan Review [41 4-11, 0 1912 [01019 101 1 1 1VOIS 12:00 p.m. December 31 2008 (TIME) (DATE) LOCATION: COUNCIL CHAMB F?ISPLAY CASE AND COUNCIL DISPLAY KIOSK SIGNED: If you challenge any one of these City of Anaheim decisions in court, you may be limited to raising only those issues you or someone else raised at the public hearing i.escribed in this notice, or in a written correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing. 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 • the City Clerk of said hearing. 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. 01/05/09 Page 10 of 11 SCHEDULE 2009 01/05/09 Page 11 of 11 Item No. 1 ------------------------- i I N, � I I SP 92 -2 MOTEL 6 DA1 DA1 SP 92 -2 SP 92 -2 DA1 KATELLA AVENUE 9L SP 92 -2 SP 92 -2 SP 92 -2 VACANT SP 93 -1 Z CANDLEWOOD SUITES ANAHEIM RESORT w GAS STATION SP 92 -2 m ARENA INN & SUITES ARENA Q SP 93 -1 DA1 m U) PEACOCK W J I-- SP 92 -2 SUITES LU DA1 RESORT O w HOTEL m rr r1 I-- SP 92 -2 C/) W Z SP 92 -2 Z w N DA1 Q DA1 SP 92 -2 SP 92 -2 DA1 KATELLA AVENUE 9L SP 92 -2 SP 92 -2 SP 92 -2 VACANT F-- SP 92 -2 Z DA1 w GAS STATION SP 92 -2 0 ARENA INN & SUITES ARENA U SP 92 -2 DA1 SATELLITE DA1 m U) Ir RETAIL m DA1 W CENTER r1 I- 2 SP 92 -2 ------------ 0 50 100 O 0 Feet January 5, 2009 m m Q Subject Property 'm N E CERRITOS tZ IVE w ¢ o I ¢ 3 m m Conditional Use Permit No. 1063 W. KATELLAIAVE N E- KATECLXAVE 'w o (Tracking No. 2008 - 05400) - ¢ w W ORANGEWOODAVE i E. ORANGEWOOD AVE 1721 South Manchester Avenue 10673 q� S ,; January 5, 2009 Q Subject Property Conditional Use Permit No. 1063 (Tracking No. 2008 - 05400) 1721 South Mancheste Avenue Aerial Photo: July 2006 la w W.KATELL'A AVE U N F N _ w ORANGEWOOD AVE i E. N 10673 f January 5, 2009 Q Subject Property Conditional Use Permit No. 1063 (Tracking No. 2008 - 05400) 1721 South Mancheste Avenue Aerial Photo: July 2006 la w W.KATELL'A AVE U N F N _ w ORANGEWOOD AVE i E. N 10673 ITEM NO. 1C PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 5, 2009 FROM: PLANNING SERVICES MANAGER SUSAN KIM, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 1063 (TRACKING NO. CUP2008- 05400) 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net LOCATION: 1721 South Manchester Avenue APPLICANT: City of Anaheim, Planning Department REQUEST: This is a request by the Planning Department to initiate the revocation of Conditional Use Permit No. 1063, which permits a hall for variety shows, lectures, meetings, dances, etc., with an on -sale liquor establishment in the existing structure. RECOMMENDATION Staff recommends the Planning Commission, by motion, determine that this action is Categorically Exempt under CEQA Guidelines Section 15321, Class 21 (Enforcement Actions by Regulatory Agencies) and initiate revocation proceedings for Conditional Use Permit No. 1063. BACKGROUND: The property is developed with a public dance hall, most recently operating as "The Boogie ", which has been closed since August 2006. The General Plan designates this property for Commercial Recreation land uses and the property is located within the Anaheim Resort Specific Plan (SP92 -2) Zone. A vacant restaurant is located to the south on the same parcel. The Santa Ana (I -5) Freeway is located to the northeast, across Manchester Avenue; a fast food restaurant is located to the east; a gas station, retail center and a hotel are located to the south, across Katella Avenue; and, hotels, a commercial laundry and a convenience store are located to the west, across Anaheim Boulevard. On October 7, 1968, the Planning Commission approved Conditional Use Permit No. 1063 (Resolution No. PC68 -301). The use was approved with five conditions of approval. With the exception of the deletion of Condition No. 5, pertaining to the need for future time extensions, the four remaining conditions of approval, related to the provision of trash storage areas, fire hydrants and the screening of air conditioning facilities, have not been modified over the last forty years. CONDITIONAL USE PERMIT NO. 1063 January 5, 2009 Page 2 of 2 Previous night club uses at this site have had issues related to operations and security, which resulted in a high rate of calls for service for the Police Department and activities that were disruptive to nearby businesses. The existing conditions of approval do not address on site security, parking and circulation or other business operations. The revocation of the permit would not prohibit this type of use on the property in the future; however, such use would require the approval of a new conditional use permit. Requiring a new conditional use permit would provide an opportunity to apply conditions of approval that address business operations and security, and also require that future parkway improvements, landscaping and signs comply with Anaheim Resort development standards. The property owner was notified of today's meeting and requested action by e-mail and certified mail. If the Planning Commission initiates the proceedings to revoke the permit, the property owner will also receive notification of the associated public hearing. CONCLUSION: Staff recommends Planning Commission approve this request to initiate the proceedings to revoke this conditional use permit for the reason that the use has been closed for over six consecutive months and the conditions of approval are not reflective of the conditions typically associated with other similar uses. If revocation is initiated, this item would be scheduled for a public hearing on January 21, 2009. Respectfully submitted, Con�prreo by, Principal Planner lqhning Services Manager Attachments: I . Planning Commission Resolution PC68-301 2. Letter to Property Owner i. ATTACHMENT O.1 RESOLUTION NO. PC63•301 r. 'n A M ( W TU CM PLANKM CWWWW OF THIt C" Or ANAIRWX 7%ATPtTMW Fri CMMXWAt, US9PWWlTJ20_K APPROVED VNEWAk the MY PI-Rhe Caftlealm of do City of Aukew did m@wve a vwiaW pouti for Coo, dWo" WePeasit Ion CLAREINCE M. MC NEE3 1752 South Hester Street, Anaheim, California 92802,:J . Owner of certain real, property situated in the City of Anaheim, County of Orange, State of California, described in Exhibit "A" attached hereto and referred to herein as though set forth In full and INRUAths CHYPISfiffift Ommisaise 4W WA a polAic bowleg at as cayNau Lo do City of ABASIN am October 7, 1966 at 2 :60 Odle* P.M. aWw of ,aid public b h bow dd g as toph" by low Wd Is 400ow"" *jib 68 powillm a( &V * j A v i so Y 0 ,1 0 J CbWw IL64, to lisw ood eamoldw VVWNM 1K " "O'"t odd OW4 Doe"oed "* 0 W 10 10—UPW old WAO 4.dWo and ""Mam§dwm is coftectim t4 M% sed WHEMA4 " W Csoewbos oft" d- b"WW" 14 - mil Sh* W& W it$W1 Rod in its W. beLf Md 010 d" ONSIdOwd" Of GU WWWMW Wd e*ftft *ftW at odd how&,*, doa Mod and 4K 0, ku"Ifte bout. L Code: Section 18,64.020(3-i-6) to wits establish a hall for variety shows, lectures, meetings, dances, etc., with an on -sale liquor establishment in the existing structure. 2. That the proposed us e, as approved with a time limitation, will not advers affect the adjoining land uses and the growth and development of the area in which it is proposed to be located. 3. That the size and shape of the site Proposed for the use is adequate to allow A the full development of the proposed use in a manner not detrimental to the particular area nor to the peace, health, safety, and general welfare of the Citizens of the City of Anaheim. 4. That subject property is a part of the commercial- recreation area, and as such, dedication for sweet widening purposes along Faster Street would' be required; however, waiver of the required dedication is granted until such time as redevelopment of o other disposition is made of the property, due to the nature of the proposed utilization of a a n existing structure with apparent temporary uses, and the future revamping program for he gra t Santa Ana Freeway. v. 5. That subject petition should be granted for a period of one year, at which time the -Development Services Department should review Uses which were established ed and e h parking as developed to determine whether a new public hearing shall be set to be heard before the Planning Commission, 6. That if no new public hearing is deemed necessary, the petitioner may request an extension of one year to permit the uses as approved for the property, J I Me - i I I 0 .. 0 t f DESCRIPTION; � That portion of the southwest quarter of the southwest quarter of Section 23, T.�' ' 4 S., R. to W., in the Rancho San Juan Cajon de Santa Ana, in the City of Anaheim, County of Orange, as shown on may recorded in gook 51, page 7, et'seg., of Miscellaneous .Maps, in the office of. the County Recorder of said County, described as follows; { Beginning at the northwest corner of that Certain land described as Parcel 1 in 1 dead to the State of California recorded in Book 2303, page 74 of Official Records, # in said office, said northwest corner being the intersection of the westerly line�of said Section 2 3,. with a line parallel with arxi distant Northerly 50.00 feet, measured at right angles, from the southerly line of said Section 23; thence along said westerly line, N. 0 15' 35" W., 36.15 feet, thence N. 89° 44' 25" E., 34.00 feet to the Cite. point € of beginning; thence continuing 2t. 89 ° . 44' 25" E., 6.00 feet, thence S. 51 37' 11" B., 39408 feet to a curve concave Northerly and having a radius of 395.00 feet; thence along said curve Easterly, from a tangent which bears N. 79 08' 18" E., through an angle of 14° 47' 13 ", an are distance of 101.94 feet; thence N. 01 '24' 22" E., 18.50 feet; thence N. 54° 26' 44" E., 204.53 feet to a tangent curve concave Southwesterly and having a radius of 600.00 feet; thence along said last mentioned curve, North- easterly, through an angle of 19" 39' 28 ", an are distance of 205.86 feet; thence tan- gent to said last mentioned curve, N. 74° 06 12" E., 142.57 feet to the northeasterly line of that certain land conveyed to Clarence M. McNees by deed filed July 9, 1952 as Instrument No. 25829 in the office of the Registrar of Titles of said Orange County, distant along said northeasterly line, N. 40 5o' 15" W., 11.85 Peet from the most easterly corner thereof ;, along said northeasterly line N. 40 50' 15" h6 41VI V feet to the beginning of a tangent curve concave Southwesterly having s % s N 970.00 Peet; thence Northwesterly along said ,curve, and its Northwesterly inti /.UNINr, ti i51U 'y through a central angle of 22 39' 45 ", an arc distance f of 383.67 feet, sai �R�ont nua�ic� being also the Southwesterly line of the land described in (Parcel 2 of the dee t e, State of California, recorded March 18, 1952, in Book 2303,,paae 74; thence tangent C0 USE P ERMIT H 1 . I ' s i j i i I I 1 A - - - - - -------- - - ------- E li F} to said curve H. 63° 30+ 00" tit., 1114.78 feet along said Southwesterly line and its Northwesterly prolongation, said prolongation being also the Northwesterly line of said Tend conveyed to Clarence M. McNees hereinabove mentioned, to the be of a tangent curve concave Northeasterly, having s radius of 760,00 Peet; thence North- veaterly, through a central angle of 4 14' 15 " 1 5 , an arc distance of 57,69 :feet; thence. S' 77* 56, 36" W., 29.00 feet; thence 8. 34° 24' 39" W., 122.84 Peet to the beginning Of a tangent curve concave Easterly, having a radius of� thence Southerly along said curve through a central angle of 34° 40' 14 ", an are distance of 72.61 feet to the paint of tangency thereof with the Easterly line of Raster Street, said East- erly line being parallel with a distant Easterly 30.00 feat ' , measured at right angles f from the Westerly line of said Southwest quarter; thence Southerly along said parallel line to a line parallel vith and distant Northerly, 230.00 feet, measured at right fin - glee from the Southerly line of said Southwest quarter; thence Easterly along said last mentioned parallel line, .00 feet to a line . 4 parallel•<srith and distant Easterly, 34,00 feat, measured at right angles from said Westerly line; thence Southerly along said last mentioned Parallel line to the True Paint of Beginning, " Atr; T fi El NOW THEREMRSy 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 trash storage areas shall be provided in accordance with approved plans on file with the office of the Director of Publ -ic Works. 2. That fire hydrants shall be installed as required and 4 etermined to be necessary by the Chief of the Fire Department. view. 3. That any air- conditioning facilities proposed shall be properly shielded from 4. That Condition Nos. 1, 2, and 3, above mentioned, shall be complied with prior to final building and coning inspections. 5. That subject petition is granted for a period.of one year, after which time it shall be reviewed by the Development Servici:s Staff to determine what effect the uses of the property have had on the area, whether parking has been adequate, and whether a further public hearing should be scheduled to determine whether the interim uses should be continued. If no public hearing is held, and the petitioner desires to continue the use of the property for the purposes requested, he may request an additional one year for the use from the Planning Commission. 1968. THE FOREGOING RESOLUTION is signed and approved by me this 17th day of October, C RMA ANAHEIM CITY PLANNING COMMISSION ATTFSTs /�✓s�ljy'L/ C�� SECRETARY ANAHEIM CITY PLANNING COMMISSION STATE 0) CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF ANAHEIM } I, Ann Krebs, Secretary of the City Planning Commission of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the City Planning Commission of the City of Anaheim, held on October 7, 1968, at 2 :00 O'clock P.M., by the following vote of the members thereof: AYES: COMMISSIONERSs Ct , Herbst, Mungall, Allred. NOES: CONMMISS104ERS: Farano. ABSEM: COMMISSIONERS: Gauer. ABSTAIN: COMMISSIONERS% Rowland. ` IN WITNESS WHEREOF, I have hereunto set my hand this 17th day of Cctober, 1968. SECRETARY ANAHEIM CITY PLANNING MMMISSION Res. No. 301 City Of Anaheim ATTACHMENT NO.2 PLANNING DEPARTMENT ww we. anaheim.net December 19, 2008 Charles McNees 11211 Orange Park Avenue Orange, CA 92869 -2119 Dear Mr. McNees: Planning Department staff recently attempted to contact you regarding termination of Conditional Use Permit No. 1063 (CUP No. 1063). CUP No. 1063 permits a hall for variety shows, lectures, meeting, dances, etc., with an on --sale liquor establishment on property that you own at 1721 S. Manchester Avenue (formerly "The Boogie "). The business has ceased to operate for a period of at least six consecutive months. Under certain conditions, the Planning Commission may terminate a permit which is no longer in use (Anaheim Municipal Code Section 18.60.210). Moreover, the Planning Commission may revoke a permit if certain findings can be made, as set forth in Anaheim Municipal Code Section 18.60.200. Copies of these Code provisions are attached to this letter. On January 5, 2009, the Anaheim Planning Commission will consider a request by the Planning Department to initiate the revocation of CUP No. 1063. If the Planning Commission initiates the request to revoke CUP No. 1063 on January 5, the Planning Commission will hold a public hearing to formally consider the revocation of CUP 1063 on January 21, 2009. You will receive a separate notice for that public hearing. The January 5, 2009, Planning Commission meeting will be held at 2:30 p.m. in the Anaheim City Council Chamber, located at 200 S. Anaheim Boulevard. At 1:30 p.m., prior to the meeting, the Planning Commission holds a preliminary plan review session to review that day's agenda with staff. The preliminary plan review session is open to the public; however, the public may not provide comments to the Planning Commission during this review session. If you would like to provide comments, please fill out a comment card at the meeting. Your comments would be heard at the beginning of the Planning Commission meeting, during the Public Comments portion of the agenda. A copy of the staff report for the January 5, 2009 meeting may be obtained at the Planning Department, 200 S. Anaheim Boulevard on Wednesday, December 31, 2008, after 1 pm. A copy of the report will also be available on our website www.anaheim.net /planning on December 31, after 5:00 p.m. 200 South Anaheim Boulevard P.O. Box 3222 Anaheim, California 92803 TEL (714) 785 -5139 Charles McNees December 19, 2008 Page 2 of 2 If you need additional information, please contact me at (714)765 -5016 or jborre g�anaheim.net . Sincerely, Jonathan E. Borrr7go Principal Planner J C: Lt. Dave Vangsness, Anaheim Police Department WitrNIIMNU102H (Anaheim Municipal Code Sections 18.60.200 and 18.60.210) NOT [40 INWO no W _ � ►_- _ On its own motion or at the direction of the City Council, the Planning Commission may hold a hearing to revoke or modify any discretionary land use permit that has been granted pursuant to this zoning ordinance. The applicant shall be provided with at least ten (10) days notice of the hearing. .010 Findings. 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 any of the following: 0101 That the approval was obtained by fraud; or .0102 That the use or variance for which such approval is granted is not being exercised within the time specified in such permit; or .0103 That the use or variance for which such approval was granted has ceased to exist or has been suspended or inoperative for any reason for a period of six (6) consecutive months or more; or .0104 That the permit granted is being, or recently has been, exercised contrary to the terms or conditions of such approval, or in violation of any statute, ordinance, law or regulation; or .0105 That the use or variance for which the approval was granted has been so exercised as to be detrimental to the public health or safety, or so as to constitute a nuisance; or .0106 That the use or variance for which the approval was granted has not been exercised and that, based upon additional information or due to changed circumstances, the facts necessary to support one or more of the required findings for the original approval of such entitlement, as set forth in this chapter, no longer exist; or .0107 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. .020 Conditions. if the Planning Commission makes one or more of the above findings, it may change conditions or add new conditions as necessary to correct problems or violations relating to the use. The Planning Commission may also modify conditions or add new conditions to preserve the integrity and character of the zoning district, or to secure the general purposes of the zoning ordinance and the General Plan. .030 Notification. Upon the revocation, modification or reaffirmation of any land use pen - nit, the Planning Department shall prepare and mail to the permittee and the property owner a formal written notice of the PIanning Commission's action. If the permit is revoked, the notice shall contain a statement directing the permittee and property owner to immediately cease the formerly authorized use, and shall further inform them that failure to cease the use shall be subject to enforcement and penalties as set forth in Section 1.01.389 (Enforcement of the Code -- Community Preservation Officer—Inspections and Reinspections -T- Fees). (Ord. 5920 § 1 (part); June 8, 2004: Ord. 5998 § 50; October 25, 2005.) ' II L • The Planning Commission, or the Zoning Administrator when he or she is the approval authority, may terminate any permit that is no longer in use. .010 Initiation. The process to terminate any permit that is no longer in use may be initiated by the property owner, by the Planning Commission on its own initiative, or at the request of city staff. .020 Notification. If the process to terminate any petition that is no longer in use is initiated by the Planning Commission or at the request of city staff, the property owner and the permittee if different from the property owner, shall be notified personally or through the U.S. Postal Service at least ten (10) days prior to any action being taken. If the property owner protests the termination or fails to reply prior to action being taken, the proposed action shall be considered a revocation and shall be processed pursuant to Section 18.60.200 (City - Initiated Revocation or Modification of Permits); provided, however, that a permittee who does not continue to legally occupy the property shall not have the authority to affect the termination. .030 Planning Commission or Zoning Administrator Action. The action to terminate shall be placed on the agenda of a regularly scheduled Planning Commission or Zoning Administrator meeting. (Ord. 5920 § I (part); June 8, 2004: Ord. 5998 § 51; October 25, 2005.) January 21, 2009 Planning Commission Meeting Item No. 3 (Conditional Use Permit No. 2008 - 05374) Additional Information Provided by the Applicant On January 5, 2009, in response to questions from Commissioner Ramirez, William Naler with All's Well Home, provided the following information on the proposed operation of the group care facility at 1761 South Gardenaire Lane. Please provide some additional information regarding the Manager's role at the facility. Will the Manager live at the facility? What are the duties of the Manager? Will the person occupy an office space in the home? Will the Manager have a separate bedroom in the house? The CUP will have a condition limiting the maximum employees to three. Do you anticipate having three employees and what types of roles will they have? The House Manager will live at the facility. The House Manager's primary role is providing on site leadership for the residents, supervision of ongoing household activities, i.e., assurance of compliance with house rules, and oversight of the physical property itself. The House Manager is the person primarily responsible for on -site residential supervision. During periods when the House Manager may be off site, supervision will be provided by the Program Coordinator or Director. 2. Where will the meetings, group and individual counseling and workshops be held in the house? Group and individual counseling is usually held at an off -site location, however, group counseling including the 12 step workshop that directly relate to program objectives or activities, i.e. personal recovery, may be held at the home itself. These are structured discussion meetings that, depending upon the number of participants, are held in the dining area or in the home living room. Transportation to and from these planned off site activities shall be provided by the All's Well Home staff or volunteers. 3. How will you enforce the residents not having cars? Will it be written up in a contract /lease agreement? Do the residents hold jobs off -site? If so, how will they get to work? The stipulation /condition that residents will not be allowed to have personal vehicles will be written into the residential agreement. The location is convenient to public transportation. Residents who work may take the bus or car /van pool with outside persons such as other employees who work at the same location, etc. This is the method employed at other locations. To date, not only has it proven to work very successfully, residents are very comfortable with this method. 4. Typically, how long do people live in these types of facilities? Is there an outside agency monitoring the services being provided to the residents? The All's Well Home program is divided into periods of 90 day, 6 months, 9 months and 1 year. Residents referred by State or County agencies may be involved in any of these depending upon the requirements of the referring agency. Typically, residents who enter the home voluntarily elect to remain for the full 1 year program. 5. What is the licensing process /requirements for obtaining a license by the State of California Department of Alcohol and Drug Programs? How does the State follow up and monitor compliance with the license? How often do you need to renew the license? Monitoring, i.e. progress reports, etc. are provided to the appropriate agency, courts, as required by the referring agency /court and in keeping with State ADP requirements by All's Well Home. Occasionally, resident / residential status / care / case monitoring is verified by on -site visitation of official representatives of referring agencies. 6. One of the conditions of approval (No. 9 in the Draft Resolution) does not permit any visitors other than those providing professional services. How will you monitor and enforce this requirement? The State ADP requires a formal written application package that includes a description of the Facility/ Program Information. Additional information provided must include: A City of Anaheim Fire Inspection report, A copy of the City of Anaheim authorization (CUP) Copies of the relevant sections of the organization's operational policies, copies of the residential rules /rental agreements, certification by a physician of the health of the operating staff and volunteers, copy of the current First Aid/ CPU certificates of the operating staff / volunteers Detailed background report including a statement of qualifications of all key persons involved in operations, etc. The state conducts its own investigations of the submitted materials. Follow -up monitoring and compliance assurance is performed by the state agency. A formal grievance / complaint procedure is required by the ADP. License renewal is annual. Excluding emergency services persons, property access is restricted. Potential visitors are monitored and all visitors to the site are physically allowed in to premises by a staff / volunteer. All visitors must sign in and out in the visitor's log. Item No. VACAN \ 1 1 DU \ \ \ \ \y\ \ \ % 1 RH -2 VACANT \-H \ R-2 R - 2 VACANT j UNDER 1 DU EACH \ CONSTRUCTION RH -2 \ / — RCL 72 -73 -51 RH RCL 72 \ \ \ \- - - -- - - -� — M A( RH -2 VACANT I � / T -VAR 2008 -04760 - - -- —_ — �\ OHO 1 DU VAR 2000 -04407 VAR 4407 RH -2 �; �� ADJ 0059 RH -2 1 DU EACH RH - 2 1 DU EACH VACANT VACANT \ VACANT RH -2 RH -2 �O VACANT RH -2 1 DU EACH [, RH -2 o s ioo O ALL PROPERTIES ARE IN THE SCENIC CORRIDOR (SC) OVERLAY ZONE. Feet January 5, 2009 Q Subject Property �� P� CP PNPG Variance No. 2000 -04407 ESPN s� 9i�, Tracking No. VAR 2008 -04760 E C � Y �N 7651 -7673 East Corto Road and 370 -371 South Timken Road 10646 TPM 1999 -194 TTM 14334 \� \ RH -2 (VAR 4026) \ 1 DU VACANT \ co` O RH -2 \� 1 DU RH -2 / \, VACANT -- - - - - -� SP 87 -1 OPEN SPACE DEER CANYON PARK a / r a t+4 a I January 5, II I I I , 2009 Subject Property Variance • 2000-0440 Tracking No. VAR 2008-04760 7651-7673 East I Corto '•.• and 1 -371 South Timken '•.• 10646 ITEM NO. 2 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 5, 2009 FROM: PLANNING SERVICES MANAGER DAVID SEE, PROJECT PLANNER SUBJECT: AMENDMENT TO VARIANCE NO. 2000 -04407 (TRACKING NO. VAR2008- 04760) LOCATION: 7651 -7673 East Corto Road and 370 — 371 South Timken Road APPLICANT /PROPERTY OWNER: The applicant is Ricardo Noriega and the property owner is Jack Singh M.D. REQUEST: The applicant requests to amend a previously- approved variance to modify pad elevation heights and request smaller setbacks and buildings higher than permitted by code to construct four new single - family residences. RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution determining that a previously- approved Negative Declaration is the appropriate environmental documentation and approving an amendment to Variance No. 2000 - 04407. BACKGROUND: At the request of the Commission, this item was continued from the November 24, 2008 meeting in order for the applicant to submit revised plans to show the required setbacks for each of the four parcels and also address concerns regarding lot coverage and equestrian trail issues. This property consists of four separate parcels under the same ownership and is currently vacant. The property is located in the RH -2 (SC) (Single - Family Hillside Residential, Scenic Corridor Overlay) zone. The Anaheim General Plan designates this property and all surrounding properties for Estate Density Residential land uses. On January 29, 2001, the Planning Commission approved Variance No. 2000 -04407 to permit 25 percent of the total number of lots to be panhandle lots (one of four lots) where Code permits a maximum of 20 percent of the lots to be panhandle lots. The Commission also approved Tentative Parcel Map No. 1999 -194 to establish a 4 -lot single family residential subdivision. The Parcel Map was recorded in 2001. This map included access easements for Parcels 2 and 3 to obtain access from Timken Road and for Parcels 1 and 4 to obtain access from Corto Road. Timken Road and Corto Road are both private streets. VARIANCE NO. 2000 -04407 January 5, 2009 Page 2 of 4 PROPOSAL: The four existing parcels were established in 2001 in conjunction with Parcel Map No. 1999 -194. Subsequent to the November 24, 2008 hearing, the applicant submitted a revised site plan indicating the specific development location and required setbacks for all four parcels and an overall lowering of the previously- approved building pad heights. The lower pad heights will result in a reduction in the amount of imported soil needed for the pads. In addition, the lower pad heights will result in fewer truck trips needed to deliver the soil. The revised site plan also shows a reconfiguration and reduction in the building footprints and a proposed property line shift between Parcels 3 and 4 in order to reduce the amount of building encroachment into the setback areas. Lastly, the applicant submitted revised elevation plans which show three story homes (two floors above grade and one additional floor below grade) for Parcels 1 and 3. The additional floor level results in a building height in excess of Code requirements. The purpose of this change is to accommodate a garage and recreation rooms below the finished grade, increase the front yard setback, decrease the overall building footprint, and reduce the amount of imported fill needed for these parcels. ANALYSIS The project has been evaluated against applicable RH -2 (SC) zone development standards and is in compliance with the exception of minimum front, side, and rear yard setbacks and maximum structural height. Following is staff s analysis and recommendations on the requested proj ect. Minimum Setback Requirements: Site and floor plans for all four parcels have been submitted indicating the development location of future residential units. The site plan indicates smaller setbacks than required by code. The required and proposed setbacks for each parcel are shown in Table 1 below: Table 1 * As measured from any private access easement (driveway). ** As measured from the proposed property line (to be relocated through a future Lot Line Adjustment process) between Parcels 3 and 4. The existing parcels are unique in size and shape in comparison to the surrounding RH -2 zoned properties. More specifically, Parcels 1 and 4 have a narrow lot depth and also have a limited amount of buildable area that is located outside of the required 25 -foot front and rear yard setbacks; and Parcel 3 is landlocked with access provided by an access easement through Parcel 2. Moreover, the applicant submitted revised plans showing a reorientation and reduction of the building Setbacks Parcel Front Side Rear Required Proposed Required Proposed Required Proposed 1 25 feet 21 feet 15 feet 15 -36 feet 25 feet 15 feet 2 25 feet 25 feet 15 feet *10 feet 9 -24 feet 25 feet 22 feet 3 25 feet 25 feet 15 feet *10 feet 10 -15 feet 25 feet 19 feet 4 25 feet 25 feet 15 feet *10 feet 12 -36 feet 25 feet 9 feet * *22 feet * As measured from any private access easement (driveway). ** As measured from the proposed property line (to be relocated through a future Lot Line Adjustment process) between Parcels 3 and 4. The existing parcels are unique in size and shape in comparison to the surrounding RH -2 zoned properties. More specifically, Parcels 1 and 4 have a narrow lot depth and also have a limited amount of buildable area that is located outside of the required 25 -foot front and rear yard setbacks; and Parcel 3 is landlocked with access provided by an access easement through Parcel 2. Moreover, the applicant submitted revised plans showing a reorientation and reduction of the building VARIANCE NO. 2000 -04407 January 5, 2009 Page 3 of 4 footprints for all four parcels, resulting in minimal setback encroachments. Staff is supportive of the setback waivers since the lot depth, configuration, and orientation are existing conditions of the property and these site constraints would make it difficult to construct homes which comply with the setback requirements. Maximum Structural Height Requirements: Revised elevation plans have been submitted indicating an additional floor level for Parcels 1 and 3. Code permits a maximum structural height of 25 feet and two stories and a 36 -foot high building with three stories is proposed on these parcels. The applicant indicates that the purpose of the additional floor is to accommodate an underground garage and recreational rooms for Parcel 3 and a basement for Parcel 1, and that this additional floor will reduce the building footprint and further reduce the amount of imported fill for the property. This underground level for Parcel 3 will be located beneath the finish grade on three sides. This additional floor level will not be seen from the street, nor from any adjacent residential properties since it will be located below the finished grade. Pad heights: The applicant requests to modify the pad elevation heights which were originally approved by the Commission in 2001 in conjunction with Variance No. 2000 - 04407. The applicant indicates that the purpose of the pad height modifications is to reduce the amount of fill to be imported to the property. The proposed grading and pad heights were subsequently modified and approved by the City Engineer at a grading public hearing on July 28, 2008. The applicant also submitted revised elevation plans to accommodate underground floor levels for Parcels 1 and 3. The additional excavation for this underground floor level will result in a further reduction in the amount of imported fill needed for the property. Planning Commission approval is needed to amend exhibits for the modified pad heights. Grading plans have been submitted indicating the proposed pad heights for all four parcels. A comparison of the original and proposed pad heights is shown in Table 2 below. Table 2 Parcel Pad Heights Net Elevation Difference 1 + 0.7 feet 2 - 0.3 feet 3 -8.3 feet 4 - 1.3 feet Circulation and Access: Parcels 2 and 3 share legal access from Timken Road through a common 20 -foot wide private driveway. Parcels 1 and 4 share legal access from Corto Road through a common 20 -foot wide private driveway. The developer proposes to install a barrier between Parcels 3 and 4 to ensure that an access road is not provided to connect Timken Road and Corto Road. The design of the private driveways has been approved by the Public Works and Fire Departments and provides the required emergency fire access. Grading and Retaining Walls: Due to the steep topography of the property, the applicant has provided grading plans that include retaining walls to stabilize graded slopes and prevent erosion. VARIANCE N®. 2000 -04407 January 5, 2009 Page 4 of 4 Staff has added a condition of approval requiring that all retaining walls will comply Code prior to issuance of building permits for the retaining walls. CONCLUSION: Staff recommends approval of the requested setback and building height variances which will allow the construction of four new single family homes. The existing site conditions, including the depth, configuration and orientation of the property, would make it difficult to construct homes without the need for the requested variances. Staff also supports the request to modify the conditions of approval related to pad elevation heights and the request to add a third floor level to the homes on Parcels 1 and 3 because the modifications would reduce the amount of fill to be imported to the property and would not adversely impact scenic views in the area. Respectfully submitted, d ,@ Principal Planner Attachments: 1. Letter of Request 2. Draft Resolution 3. VAR2000 -04407 Resolution 4. Statement of Justification Concurred by, Planning Services Manager The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 5. Letters from neighbors 6. Site Photographs 7. Plans (Site Plan, Colored Setback Plan, Floor Plans, Colored Elevation Plans) ATTACHMENT NO. 1 Justification for Variance ELEVATIONS The current topography of the property is made up of natural slopes and hillsides which give us unique physical characteristics. We are proposing to drop the pad elevations for our property to help reduce the amount of dirt import to the development. We are restricted to reducing the pad elevation ± 1 foot as stated in the conditions of approval and from the originally approved pad elevations from the Exhibit A Site Plan. APPROVED PAD ELEVATOivS, 2001: Parcel 1 — 630 Parcel 2 — 614 Parcel 3 — 640 Parcel 4 — 630 I NOTE —these pad elevations are calculated by using the '1929 Beach Mark. Datum— please see Site Plan Exhibit for Calculation Table ") Our proposed pad elevations will benefit our community be reducing the amount dirt import to the project which will help reduce road damages, noise, traffic issues, and pollution. We will reduce the amount of dirt import from 8,000 cubic yards of dirt to 4956 cubic yards of dirt. We will reduce the pad elevation of Parcel 3 by 8.28 feet which will give us a total of + 3764 cubic yards of dirt. The reduction of pad elevations will benefit the community as a whole but will also aesthetically benefit it as well. PROPOSED PAD ELEVATIONS Parcel 1 — 633 (reduced by .28 feet) Parcel 2 -- 615.50 (reduced by 1.78 feet) Parcel 3 -- 633 (reduced by 8.28 feet) Parcel 4 — 631 (reduced by 1.28 feet) ("NOTE — these pad elevations are calculated by using 1988 Bench Mark Datum -- please see Site Plan Exhibit for Calculation Table's *) The topography in the Anaheim Dills area is similar to our development and therefore our neighboring properties are also affected by it physical characteristics. One in particular is Shivam Development, just below our property there is a new 7 house development which was also affected by its topography and therefore requested similar setback. variances. The proposed variances will benefit the Development but most importantly the commuality. Proposed Setbacks irtie are proposing to use the same setbacks that were submitted on Exhibit A along with the Approved Parcel Map 99 -194 in 2001. FRONT — 25 feet SIDE — 10 feet REAR -- 25 feet [DRAFT] RESOLUTION NO. PC2009 -* * * ATTACHMENT NO.2 A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION DETERMINING THAT A PREVIOUSLY- APPROVED CEQA NEGATIVE DECLARATION IS THE APPROPRIATE ENVIRONMENTAL DOCUMENTATION AND APPROVING AN AMENDMENT TO VARIANCE NO. 2000 -04407 AND RESOLUTION NO. PC2001 -16 (TRACKING NO. VARIANCE NO. 2008 - 04760) (7651 -7673 EAST CORTO ROAD AND 370 — 371 SOUTH TIMKEN ROAD) WHEREAS, on January 29, 2001, the Anaheim City Planning Commission, by its Resolution No. PC2001 -16, did approve Variance No. 2000 -04407 with a waiver of maximum number of panhandle lots to establish a 4 -lot single family residential subdivision; and WHEREAS, the Anaheim Planning Commission did receive a verified Petition for a Variance to modify conditions of approval related to pad elevation heights and request smaller setbacks and a higher building than required by code to construct four new single family residences, for certain real property situated in the City of Anaheim, County of Orange, State of California, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. WHEREAS, the property is currently vacant and is located in the Single - Family Hillside Residential (RH -2) zone, Scenic Corridor (SC) Overlay; and the Anaheim General Plan designates this property for Estate Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 5, 2009, 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 variance and to investigate and make findings and recommendations in connection therewith, and that this item was continued from the November 24, 2008 public hearing; 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: That the petitioner requests waivers of the following to construct four new single family residences: (a) SECTION NO. 18.04.100.010 Minimum Front Yard Setback (21 feet proposed; 25 feet required). (b) SECTION NO. 18.04.100.010 Minimum Side Yard Setback (9 feet proposed; 10 feet required to access easement and 15 feet required to property line). (c) SECTION NO. 18.04.100.010 Minimum Rear Yard Setback (9 feet proposed; 25 feet required). -1- PC2009 - * ** (d) SECTION NO. 18.04.100.010 Maximum structural height (36 feet proposed; 25 feet permitted). 2. That special circumstances apply to the subject property because the property is unique in size and shape in comparison to the surrounding RH -2 zoned properties. Moreover, the lot depth, configuration, and orientation are existing conditions of the property and these site constraints would make it difficult to construct homes without the need for the requested setback waivers. 3. That strict application of the Zoning Code would deprive the property of privileges enjoyed by other properties with identical zoning in the vicinity and will provide the opportunity for development of this parcel and implementation of the General Plan land use designation. 4. That * ** indicated their presence at said public hearing in opposition; and that * ** correspondence was received in opposition to the subject request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission has reviewed the proposal and does hereby find that a previously- approved Negative Declaration in connection with Variance No. 2000 -04407 (Tracking No. Variance 2008 - 04760) is adequate to serve as the required environmental documentation in connection with this request. NOW THEREFORE BE IT RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby approve the proposed amendment to Variance No. 2000 -04407 as requested by the applicant. BE IT FURTHER RESOLVED that the Anaheim Planning Commission for the reasons hereinabove stated does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2001 -16, as adopted in connection with Variance No. 2000 - 04407, as described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that the 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. -2- PC2009 - * ** THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 5, 2009. 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 ) I, Grace Medina, Senior Secretary of the Anaheim Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 5, 2009 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 January, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2009 - * ** EXHIBIT "A" (TRACKING VARIANCE NO. 2000-04407 1' . 2008-04760 -4- PC2009 - * ** EXHIBIT "B" VARIANCE NO. 2000-04407 (TRACKING NO. VARIANCE NO. 2008 - 04760) -5- PC2008 -* * * RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING PRIOR TO ISSUANCE OF A BUILDING PERMIT 1 That the frontage of Corto Road adjacent to Parcels 1 and 4 Public Works shall be improved per Standard Detail No. 163. A Street Development Improvement Plan shall be submitted and a performance Services bond shall be posted for the four new houses. 2 That a gate shall be installed on Parcel 3 which would Planning, Public provide a barrier between Parcels 3 and 4. The gate shall be Works equipped with a Knox lock as approved by the Fire Development Department. The location and design of the barrier shall be Services, Fire reviewed and approved by the Public Works and Fire Departments prior to issuance of building permits for Parcels 3 and 4 or prior to installation of the driveway providing access to either Parcels 3 or 4, whichever occurs first. Construction plans submitted for building permits for Parcels 3 and 4 shall show the location of the gate. 3 That a fire access road for all four parcels shall be reviewed Fire and approved by the Fire Department. An easement over the fire access road for emergency purposes shall be offered for dedication to the City of Anaheim. 4 That all retaining walls shall comply with Zoning Code Planning, Public requirements. Any retaining walls visible to any public Works right -of -way, private street or public trail shall not exceed a Development height of six (6) feet. Services 5 That within ninety (90) days of the date of this resolution, or Public Works prior to the issuance of the first building permit, whichever Development occurs first, a conformed copy or a copy of recorded Services agreements to record easement deeds shall be submitted for the following: • An easement over Parcel 4 for ingress and egress and drainage in favor of Parcel 1, and drainage in favor of Parcel 3; • An easement over Parcel 2 for drainage in favor of Parcel 4. • An easement over Parcel 2 for ingress and egress in favor of Parcel 3. -5- PC2008 -* * * -6- PC2009 -* * * • An easement over Parcel 2 for sewer in favor of Parcels 1, 3 and 4. • An easement over Parcel 3 for sewer in favor of Parcels 1 and 4. • An easement over Parcel 4 for sewer in favor of Parcel 1. • An easement over Parcel 1 for water in favor of Parcels 2, 3 and 4. • An easement over Parcel 2 for water in favor of Parcels 1, 3 and 4. • An easement over Parcel 3 for water in favor of Parcels 1, 2 and 4. • An easement over Parcel 4 for sewer and water in favor of Parcels 1, 2 and 3. PRIOR TO FINAL ZONING AND BUILDING INSPECTION 6 Prior to final zoning and building inspection of a new house Public Works on Parcel 1, the construction of Corto Road shall be Development completed. Services GENERAL 7 The subject property shall be developed substantially in Planning 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 21, and as conditioned herein. 8 Approval of this application constitutes approval of the Planning 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. -6- PC2009 -* * * 1 - A l l ACH1VH:N 1 NO. J RESOLUTION NO. PC2001 -16 A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION THAT PETITION FOR VARIANCE NO. 2000 -04407 BE GRANTED, IN PART WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Variance for certain real property situated in the City of Anaheim, County of Orange, State of California described as: PARCEL A -1: PARCEL 1, AS SHOWN ON LOT LINE ADJUSTMENT PLAT NO. 429 RECORDED JUNE 8 1999 AS INSTRUMENT NO. 19990422535 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: THAT PORTION OF THE LAND ALLOTTED TO TRINIDAD PERALTA DE MARQUEZ IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK B OF JUDGEMENTS OF THE 17 JUDICIAL DISTRICT COURT OF CALIFORNIA IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 81 DEG. 26'00" EAST 26.59 FEET AND NORTH 62 DEG. 07'00{ EAST 149.40 FEET FROM THE MOST NORTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO ANDREW LAWS AND WIFE, RECORDED SEPTEMBER 15, 1950 IN BOOK 2071, PAGE 494 OF OFFICIAL RECORDS OF SAID COUNTY, THENCE NORTH 62 DEG. 07'00" EAST 294.93 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 26 DEG. 18'45" EAST 115.22 FEET TO THE CENTER LINE OF THE LAND DESIGNATED "PRIVATE ROAD" ON A MAP FILED IN BOOK 62, PAGE 4 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG SAID CENTER LINE NORTHEASTERLY 17.01 FEET ALONG A CURVE, COWAVE SOUTHEASTERLY HAVING A RADIUS OF 140.00 FEET NORTH 64 DEG. 20'00' EAST 99.00 FEET EASTERLY 75.75 FEET ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 140.00 FEET SOUTH 84 DEG. 40'00" EAST 9.32 FEET THENCE NORTH 8 DEG. 03 "42" WEST 155.74 FEET TO A LINE BEARING NORTH 62 DEG. 07'00" EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 62 DEG. 07'00" EAST FROM THE TRUE POINT OF BEGINNING, THENCE SOUTH 62 DEG. 07'00" WEST 244.65 FEET TO THE TRUE POINT OF BEGINNING. WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 29, 2001, at 1:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03, to hear and consider evidence for and against said proposed variance and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of ail evidence and reports offered at said hearing, does find and determine the following facts: subdivision: That the petitioner proposes waivers of the following to establish a 4 -lot single family (a) Section 18.23.061.010 - Minimum lot area (b) Section 18.23.061.020 - Minimum lot width CR5007PK.doc -1- PC2001 -16 (c) Section 18.23.061.021 - Maximum number of panhandle lots ( 20% of the total number of lots permitted to be panhandle lots; 25% proposed (i.e., one lot of four lots)) 2, That waivers (a) and (b), minimum lot area and minimum lot width, are hereby denied on the basis that a revised plan deleting both waivers was submitted following public notification of the hearing. 3. That waiver (c), maximum number of panhandle lots, is hereby approved on the basis that Code permits a maximum of 20% of all lots to be designed as panhandle or flag lots; but that for this 4 -lot subdivision, 20% equals less than one lot; and that only one lot (proposed Lot No. 4) is a panhandle /flag lot. 4. That waiver (c) is granted on basis that there are special circumstances applicable to the property such as topography, location and surroundings which do not apply to other identically zoned property in the same vicinity; and that strict application of the Zoning Code deprives the property of privileges enjoyed by other properties in the identical zone and classification in the vicinity. 5. That there are exceptional or extraordinary circumstances or conditions applicable to the property involved or to the intended use of the property that do not apply generally to the property or class of use in the same vicinity and zone. 6. That the requested variance, as approved, is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, and denied to the property in question. 7. That the requested variance, as approved, will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. 8. That two people indicated their presence at the public hearing in opposition to the proposal; that six letters were received in opposition; and that four telephone calls were received in opposition. CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim City Planning Commission has reviewed the proposal for waivers of minimum lot area, minimum lot width and maximum number of panhandle lots to establish a 4- parcel RS- HS- 22,000(SC) (Residential, Single - Family, Hillside — Scenic Corridor Overlay) zoned single- family subdivision on a 2.01 -acre property located between Timken Road and Corto Road at the easterly terminus of Timken Road, having frontages of 76 feet on the east side of Timken Road and 201 feet on the north side of Corto Road, being located 200 feet west of the centerline of Mohler Drive, and further described as 371 Timken Road; and does hereby approve the Negative Declaration upon finding that the declaration reflects the independent judgement 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 Variance, in part, 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 entire property shall be annexed into the Orange County Sanitation District (OCSD). The developer shall submit an application to OCSD and shall be responsible for payment of the applicable fees. This requirement shall be placed as an improvement certificate on the Parcel Map. -2- PC2001 -16 2. That prior to occupancy of the first structure on proposed Parcel No. 1 or Parcel No. 4, Timken Road fronting this property shall be improved to conform to Public Works Standard Detail No. 116 -B. The developer shall submit street improvement plans to the Public Works Department, Development Services Division, for review and approval. The developer shall then obtain a right -of -way construction permit. This requirement shall be placed as an improvement certificate on the Final Parcel Map. That prior to occupancy of the first structure on proposed Parcel No. 2 or Parcel No. 3, Corto Road fronting this property shall be improved to conform to Public Works Standard Detail No. 116 -B. The developer shall submit street improvement plans to the Public Works Department, Development Services Division, for review and approval. The developer shall then obtain a right -of -way construction permit. This requirement shall be placed as an improvement certificate on the Final Parcel Map. 4. That approval of Variance No. 2000 -04407 is granted subject to approval, finalization and recordation of Final Parcel Map No. 1999 -194, as shown on Exhibit No, 1. 5. That subject property shall be developed substantially in conformance with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1. 6. 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 and 4, above - mentioned, shall be complied with. Extensions for further time to complete said conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code. That prior to final building and zoning inspections, Condition No. 5, above - mentioned, shall be complied with. 8. 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 or4equirement. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 29, 2001. 10pliltial slined by Me KoW CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION ATTEST: [Original signed by Osbelia Edmundson} SECRETARY, ANAHEIM CITY PLANNING COMMISSION -3- PC2001 -16 1 ^, STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Osbelia Edmundson, 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 29, 2001, by the following vote of the members thereof: AYES: COMMISSIONERS: ARNOLD, BOSTWICK, BOYDSTUN, BRISTOL, KOOS, NAPOLES NOES: COMMISSIONERS: NONE ABSENT: COMMISSIONERS: VANDERBILT IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2001. (Original signed by Osbelia Edmondson) SECRETARY, ANAHEIM CITY PLANNING COMMISSION -4- PC2001 -16 ATTACHMENT NO. 4 ustification for Variance SETBACKS The property is located in the Hill Side area of Anaheim. Hills, by Mohler and Corto Road. Our property is subdivided into 4 (four) 22,000sq lots in the RH2 Zone; the property was subdivided in 2001, Parcel Map 4 99 -194 and Exhibit A mm- Site Plan submitted in 2001 showing setbacks. The property has unique characteristics that are affecting the current RH2 Zoning requirement. Topography — the property is on a hillside with natural slopes on all four parcels. Shape — the Parcel Map was approved with 2 {two) flag lots (parcel 4 & parcel 3) which has an affect on the current RH2 Zoning requirements. A.) Affected Lots- Lot 1 — will use the "flag" portion of Lot 4 as a common driveway access for ingress /egress of the property. The shape of Lot 1 is rectangular and due to the current topography of slopes and how the current setbacks are measure from a private street such as Corto to the ultimate property line there will be no area for development due to retaining walls and the current topography of Carta Road. Lot 4 --- the "flag" portion of the lot will not be used to build any structures but will serve as the ingress & egress for the development and as a fire road for Lots 3, 4, 1. The flag portion of the lot was approved on the Parcel Map but it is not a a useable area to build any structures, therefore it is non - useable due to its "flag shape." We will use this portion instead for access and fire but it will leave Lot 4 with a rectangular shape and less square footage to develop. Lot 3 — the lot was also approved a "flag lot" which affects the shape of the property. The topography of the property sits on the highest elevation of the development and contains natural slopes. The lot will be reduced to a lower elevation due to the amount of dirt needed to build the development but to also help reduce the amount of import needed to build the housed. This will benefit the community by eliminating road damages, traffic congestions, and noise. A portion of the Flag Lot & Parcel is being used as a Fire Road for the development. Lot 2 — The lot is affected by natural slopes and the shape of the lot because a portion of the lot is being used as a "fire exit" and as a ingress /egress for Lot 3. Item No. 3 GOLDEN WEST AVE J J � Q ct) Q� i D 0 ctS Q W Z o z RS-2 UJ zz 1 DU EACH w z w ¢ o o Q RS -2 v 1 DU EACH - - JUDITH LANE U Q N W ' DEr co D � r N W 2 � U J RS -2 N Q uJ Cb w Z CUP 2008 -05374 - vb w z cc D w 1 DU c ° o °C o o J T O 120' T U VACANT VACANT 1 City of Anaheim Boundary Line T� IF ------------ --- -- o s� Feet January 5, 2009 0 Subject Property `W. CERRT AVE w I ; Q ,o m KnTE�nn_E _ Conditional Use Permit No. 2008 -05374 1761 South Gardenaire Lane 10668 117 BANTA AVE CANTOWAV J DECK�VE MIN 0 5 Aerial Photo: Feet .hdv qnnF January 5, 2009 Q Subject Property Conditional Use Permit No. 2008 -05374 1761 South Gardenaire Lane 1W. GEHHITOS AVE I r-� KA-ELLAAAVE 10668 ITEM NO.3 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 5, 2009 FROM: PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05374 WITH A PARKING VARIANCE LOCATION: 1161 South Gardenaire Street APPLICANT /PROPERTY OWNER: The applicant is Betsy Mata with All's Well Home and the property owner is Wilpersu Investment Corporation. REQUEST: The applicant requests a conditional use permit for a group care facility with up to 11 beds in an existing single - family residence with fewer parking spaces than required by Code. RECOMMENDATION: Staff recommends the Planning Commission adopt the attached resolution, approving a Class 1 Categorical Exemption and approving Conditional Use Permit No. 2008 -05374 with fewer parking spaces than required by code. BACKGROUND: This property is developed with a single -story single - family residence and is located in the Single - Family Residential (RS -2) Zone. The Anaheim General Plan designates this property and the adjacent properties to the north, south, and east for Low Density Residential land uses. The property to the west is located within an unincorporated section of the County and is designated for Low Density Residential land uses. The residence is currently being operated as a sober living facility with five residents. The current residents of the house utilize the off - street parking provided in the garage and the driveway. PROPOSAL: The applicant requests approval of a conditional use permit to establish a group care facility for up to 11 people to be used as a substance abuse recovery facility. The facility would provide onsite group counseling to 10 individuals seeking recovery from substance abuse. Supervision of the property will be provided by a manager who will be on site at all times. The site plan indicates four on site parking spaces: two in the garage and two on the driveway. Residents will not be permitted to have automobiles. The provided parking spaces will be used by management and counselors. Please refer to the summary chart attached to the staff report for project details. CONDITIONAL USE PERMIT NO. 2008-05374 January 5, 2009 Page 2 of 3 ON 1 ON I Sm ills] I LOMAS I fr gwirg 1 �_ At Planning Commission meetings for previous group care facilities in the City, concerns were raised by neighbors regarding insufficient parking in the neighborhood, tenants congregating outside, and the proximity of the facilities to children. Code Enforcement has received no additional complaints since that time. Conditions of approval were included for those group care facilities to address the proper storage of trash containers and limiting the number of residents and visitors to the facilities. The same conditions of approval have been included in the draft resolution for this request. There was one Code violation for the subject property in 2007 for operating a sober living house with 11 residents. Code requires a conditional use permit for sober living facilities with over six residents. The property owner reduced the number of residents to five and the case is now closed. There have been no additional Code enforcement violations. Parking: The applicant requests fewer parking spaces than required by code. Code requires nine spaces and four spaces are proposed. The applicant has submitted a letter of operation stating that residents will not be permitted to possess a vehicle. As a result, no parking spaces will be needed for the residents. The provided parking spaces will be used by the on-site manager and visitation by counselors and other guests associated with the treatment program. Parking variances have been approved for other group care facilities in the City and no parking problems have been reported at these locations. CONCLUSION: The proposed project would provide a supervised environment for rehabilitation. Based upon staff's research of the operational history of the previously approved residential care facilities which shows that these uses have not had a negative effect on the neighborhoods, and the applicant's proposal and letter of operation, staff recommends approval of this residential care facility to establish a residential care facility for up to 11 people with four parking spaces where nine are required by Code. Respectfully submitted, Concurre by, re h­ P Principal tanner Planning Services Manager CONDITIONAL USE PERMIT NO. 2008 -05374 January 5, 2009 Page 3 of 3 Attachments: 1. Project Summary 2. Draft Resolution 3. Letter of Operation The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. Plans 5. Site Photographs 6. Board and Care /Residential Care Facilities Maps E-mail. awh@yIlswe1IhoML._O_rq The proposed Conditional Use Permit is for an unlisted use as defined in subsection .030 (Unlisted Uses Permitted) uf Section 18.6G.O4D Authority) of the Anaheim Municipal Code. Project Synopsis: The project consist solely and entirely of the change of use of an existing single family residence to m licensed non-coed residential care and treatment facility use as defined by the California Department [)rug and Alcohol Programs. |n every sense of the word, the house will remain aresidence. The primary difference between the current use and the proposed use is the number of biologically unrelated residents, which, by definition of the Federal Fair Housing Commission, still remains a family of persons sharing m common disability and the common goal nfrecovery. The existing building is e O bedroom, 2 bathroom house. This application request in to obtain e use variation allowing All's Well Home to accommodate 11 persons in the existing house. This number of residents remains well within the actual limit allowed under applicable regulations of the California Health and Safety Code. No changes or modifications of the existing structure are planned or anticipated, nor shall any bmmade to the property at all. There will not be any impact on the adjoining or surrounding properties. It is believed that at least one coed sober living house and an adult care facility currently exist within the immediate neighborhood. This iao fully built and developed, established neighborhood bordering on an unincorporated County area. Lacking complete redevelopment of the entire anam, further opportunities for development in or mn0uDd the immediate neighborhood are extremely limited or non-existent. Facts indicate that there shall be no impact on the adjoining properties orland nor inhibit any future neighborhood gnnwdh. The requested Conditional Use Permit iS fully compatible with the neighborhood. Currently residents of the house have at least 4 vehicles that regularly use off street parking in the driveway during the evening hours. At various times throughout the day as many as two (2) vehicles representing casual traffic may currently use short-term street parking. As e licensed f8ci|ity, residents will not be permitted to have personal vehicles at the home at m||. As a n*mult, regular daily residential neighborhood traffic associated with the residence will decrease by approximately 7396. The number of vehicles that regularly park at the property will decrease to 1, which will be parked off street. This is an approximate 82% reduction in vehicular traffic associated with this property. Health and Safety: As a residential facility, treatment consists of individual counseling and group meetings held elsewhere Or within the confines nf the house. Residential guests are actively seeking recovery and personal rehabilitation, not interaction with the neighbors. It is |iho|y that neighbors will not be more than casually evvane of the presence of the guests. Resident guests are not allowed to hang out in front of the house or interact on more than m casual basis with neighbors. Along with that, 24 hour in home oversight and supervision iuprovided. The general health and safety of the neighborhood is assured by the fact that adverse physiological health conditions of the residents are not nfactor. Applicants for residency who are found tV have health problems that require professional nnediuo| treatment are not accepted and are referred to medical treatment and care facilities. This location shall not be 8 medical facility of any kind. Conditions addressed at the location are not medical in nature. AT NMNT NO. 3 F"�LL'S WELL HOME - MI; 200 So. Anaheim Blvd. Anaheim, Ca. 92803 AK I 10111 DIR a I "MaM � refer to paragraph 2 of the section entitled TRAFFIC in our Letter of Justification For Conditional Use Permit. V ATTACHMENT NO. 1 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2008-05374 Development Standards Development Standard Proposed Project RS -2 Zone Standards Parking (see parking table 4 spaces proposed 9 spaces required below) Residence (Residential 11 Front: 32 ft. Front: 25 ft. Building and landscape setbacks Side: 7ft, 25 ft. Side: 5 ft. Rear: 8.5 ft.* Rear: 10 ft. Building Height 20 ft. 20 ft. *Existing building setback is legally nonconforming. No expansion to the building is proposed; therefore no variance is required. Parking Use No. of beds Parking Ratio Parking Required Single - family Residence (Residential 11 0.8 per bed 9 Group Care Facility) Total 4* *A total of 4 spaces are proposed; therefore a parking variance is being requested. [DRAFT] ATTACHMENT NO.2 RESOLUTION NO. PC2009 -* * * A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CLASS 1 CATEGORICAL EXEMPTION AND APPROVING CONDITIONAL USE PERMIT NO. 2008 -05374 WITH A PARKING VARIANCE (1761 SOUTH GARDENAIRE LANE) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008 -05374 to permit a group care facility with up to 11 beds in an existing single - family residence with fewer parking spaces than required by Code on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit A, attached hereto and incorporated herein by this reference. WHEREAS, the applicant has requested to permit the proposed group care facility pursuant to Code Section 18.04.030 of the Anaheim Municipal Code with a variance of the following Code Section: SECTION NO. 18.42.040.010 Minimum number of parking spaces. (9 spaces required; 4 spaces proposed) WHEREAS, the property proposed for the group care facility is developed with a single - family residence located in the Single - Family Residential (RS -2) zone, and the Anaheim General Plan designates this property for Low Density Residential land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 5, 2009, 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 with a parking variance 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 the proposed request to permit a group care facility for up to 11 residents in an existing single - family residence is properly one for which a conditional use permit is permitted under authority of Code Section No. 18.04.030.0040.0402 (Group Care Facilities). 2. That the proposed group care facility, as conditioned herein, would not adversely affect the adjoining land uses and the growth and development of the area in which it is proposed to be located because the services provided are for the residents only and should operate seamlessly within the residential living environment. -1- PC2009 - * ** 3. That the size and shape of the site for the group care facility 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. 4. That 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 and will provide a land use that is compatible with the surrounding area. 5. That the above - mentioned variance, under the conditions imposed, 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 the proposal under the normal and reasonably foreseeable operation of such use because the residents are not permitted to drive and there are a maximum of four staff members. 6. That the variance, under the conditions imposed, will not increase the demand and competition for parking spaces upon the public streets in the immediate vicinity, as indicated in the parking demand letter provided by the applicant. Since the residents do not drive, all of the parking demand will be provided on -site and will not increase the demand for parking on the public streets. 7. That the variance will not increase the demand and competition for parking spaces upon adjacent properties in the immediate vicinity of the proposed use since all parking is contained on -site within the property boundaries. 8. That the variance will not increase traffic congestion within the off - street parking areas or lots provided for the proposed uses as ingress and egress to the site would be provided via one driveway on Gardenaire Lane. 9. That * ** indicated their presence at said public hearing in opposition; and that * ** correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15301, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove specified, does hereby approve Conditional Use Permit No. 2008 -05374 with fewer parking spaces than required by Code, subject to the conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim: BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or the duration of the use. Amendments, modifications and revocations -2- PC2009 -* * * of this permit may be processed in accordance with Chapter 18.60.190 (Amendment to Permit Approval) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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 5, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 5, 2009, 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 , 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2009 -* * * EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2008 -05374 50 100 Source: Recorded Tract Maps and/or City GIS. Feet Please note the accuracy is +I -two to five feet. -4- PC2009 -* * * KATE LLA AVE UlOf Anaheim Boundary Line EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2008 -05374 -5- PC2009 -* * * RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING PRIOR TO ISSUANCE OF A BUILDING PERMIT, COMMENCEMENT OF USE OR WITHIN PERIOD OF ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST 1 The applicant shall provide to the Planning Department a Planning copy of the license, with any attached conditions, issued by the State of California Department of Alcohol and Drug Programs, authorizing the proposed use as a residential recovery facility. PRIOR TO COMMENCEMENT OF USE OR FINAL BUILDING AND ZONING INSPECTIONS, WHICHEVER OCCURS FIRST 2 The subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit No. 1 (Site Plan) and Exhibit No. 2 (Floor Plan), and as conditioned herein. 3 A valid business license shall be obtained from the City of Planning Anaheim, Business License Division of the Planning Department. GENERAL CONDITIONS 4 That no signs shall be visible off -site identifying this use as a Planning group care facility. 5 All recovery services, including counseling, shall be for the Planning residents at this address (1761 South Gardenaire Lane) only. 6 That the applicant shall provide a twenty four (24) hour per Planning day on -site manager who will be responsible for responding to any neighborhood concerns regarding the operations of the facility. The name and telephone number of the on -site manager shall be kept on file with the Code Enforcement Division and Planning Services Division of the Planning Department. 7 That all trash generated from the facility shall be properly Planning contained in trash bins located within approved trash -5- PC2009 -* * * -6- PC2009 -* * * enclosures. The number of bins shall be adequate and the trash pick -up shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse from the property. 8 Complete a Burglary /Robbery Alarm Permit application, Police Form APD 516, and return it to the Police Department prior to initial alarm activation. 9 That this residential care facility shall be limited to eleven Planning (11) people; ten (10) residents recovering from alcohol and/or chemical dependency, screened for successful integration into a residential setting and as stipulated by the applicant, and one (1) onsite manager. No visitors other than those providing professional services associated with the treatment program shall be permitted nor shall residents be permitted to drive or maintain a personal vehicle on the premises. The facility shall be non - medical and shall be permitted to provide both group and individual counseling with a maximum of three (3) employees /counselors. 10 That timing for compliance with conditions of approval may Planning be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. 11 Extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 12 That approval of this application constitutes approval of the Planning 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. -6- PC2009 -* * * Item No. z J I (SABC) I (SABC) \ SMALL IND. COLLE S ATION FIRMS 1 I(SABC) sP Np � 0 0 3 p m ALL SM FIRMS D R MS E. CERRITOS I (SABC) I (SABC) F OFFICE COMM. SHOP 3 J l C -G (SABC) N _ W- KATELLP.AVE MCn PRESCHOOL PALAIS RD OFFICE C0 RCL 2000 -00023 C - G (SABC) USTRIAL T -CUP 2001 -04421 UILDING Overlay Zone) FB I(SABC) C -G (SABC) I (SABC) CAR DEALERSHIP (SABC) RELIGIOUS — OFFICE RCL 66 -67 -36 ORGANIZATION ) SMALL IND. C -G (SABC) ING FIRMS MIDWAY DRIVE I (SABC) I (SABC) SMALL IND. SMALL IND. FIRMS FIRMS m m � 0 0 3 p m 0 N E. CERRITOS AVE J O m w < w Z 3 J N _ W- KATELLP.AVE MCn E _ KATELLAAVE -' 10669 C0 RCL 2000 -00023 (Res of Int. to SABC T -CUP 2001 -04421 SMALL D cn Overlay Zone) T -CUP 2001 -04345 T -CUP 2001 -04303 SHOPS = M1, RCL 90 -91 -25 T -CUP 2001 -04302 (SABC) m - RCL 66 -67 -36 T -CUP 2001 -04300 C -G (SABC) RCL 60 -61 -113 T CU P RCL 55 -56 -19 2 - T- CUP MARKETPLACE RCL 54 -55 -42 T -CUP 2000 -04205 3 INDOOR SWAP MEET CUP 2008 -05377 CUP 3952 CUP 3817 T -CUP 2007 -05272 CUP 3688 I C CUP 2007 -05250 CUP 3665 r T -CUP 2006 -05089 CUP 3606 m T -CUP 2003 -04785 CUP 3545 C T -CUP 2002 -04597 CUP 3400 T -CUP 2002 -04532 VAR 1627 �0 CUP 2001 -04439 PCN 97 -11 T (SABC) C -G (SABC) I N A RESTAURANT I 1— _ — ('GRC21Tnc AvCnII IC o so ioo 0 Feet January 5, 2009 0 Subject Property I (SABC) IND. I (SABC) I (SABC) Conditional Use Permit No. 2008 -05377 1440 South Anaheim Bou levard W. BALL I (SABC) I (SABC) SMALL IND. SMALL IND. FIRMS FIRMS m m Conditional Use Permit No. 2008 -05377 1440 South Anaheim Bou levard W. BALL RD 4 y E. ALL RD I m m � 0 0 3 p m 0 N E. CERRITOS AVE J O m w < w Z 3 J N _ W- KATELLP.AVE w —O co E _ KATELLAAVE -' 10669 January 5, 2009 Q Subject Property Conditional Use Permit No. 2008 -05377 1440 South Anaheim Boulevard 10669 D sD 100 v Aerial Photo: Feet July 2006 N Z E. BALL RD W. BALL RD y m m � 0 o p m 0 N E CERRTOS AVE w < Z z Z N w W`KATELLAAVE — U co E KATELLAAVE 10669 D sD 100 v Aerial Photo: Feet July 2006 ITEM NO. 4 PLANNING COMMISSION AGENDA REPORT 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 5, 2009 FROM: PLANNING SERVICES MANAGER SCOTT KOEHM, PROJECT PLANNER SUBJECT: CONDITIONAL USE PERMIT NO. 2008-05377 LOCATION: 1440 South Anaheim Boulevard APPLICANT /PROPERTY OWNER: The applicant is Dayal Singh and the property owner is Lederer - Anaheim, Ltd. REQUEST: The applicant requests approval of a tattoo and body piercing establishment. RECOMMENDATION Staff recommends that the Planning Commission adopt the attached resolution approving a Categorical Exemption, Class 1 and approving Conditional Use Permit No. 2008 - 05377. BACKGROUND: This 14.7 -acre property is currently developed with the Anaheim Indoor Marketplace, an indoor swap meet, and is zoned Commercial General (C -G). The General Plan designates this property and surrounding properties for General Commercial land uses. Properties to the west are designated for Medium and Low - Medium Density Residential land uses. There is an existing tattoo and body piercing business located in the Anaheim Marketplace which was approved by Conditional Use Permit No. 2007 -05250 on October 1, 2007. PROPOSAL: The applicant proposes to establish a tattoo and body piercing business within the Anaheim Indoor Marketplace. The proposed space is 250 square feet. It is surrounded by interior partition walls and includes a sink and counter area. The business would be open during the same hours as the indoor marketplace. ANALYSIS The project has been evaluated against applicable development standards and is in compliance. Code permits tattoo and body piercing parlors in the C -G zone subject to approval of a conditional use permit. The intent of the requirement for a conditional use permit is to evaluate the proposed location and operation to ensure that it does not adversely impact surrounding land uses. Staff CONDITIONAL USE PERMIT NO. 2008-05377 January 5, 2009 Page 2 of 2 believes that since the business will be located within the marketplace building, and all activities will be conducted indoors and not visible to public view, this is an appropriate location. CONCLUSION: The proposed tattoo and body piercing establishment will be located inside the Anaheim Marketplace and all activities will be conducted inside of a building. Further, a previously approved tattoo establishment has been operating without incident or violation at the Anaheim Indoor Swap Meet. Therefore, staff believes that the proposed use is appropriate for this location and supports this request. Respectfully submitted, I fi I- - 641�'Adlc kis Principal Planner Attachments: 1. Project Summary 2. Draft Resolution 3. Letter of Operation The following attachment was provided to the Planning Commission and is available for public review at the Planning Services Division at City Hall 4. Floor Plan ATTACHMENT NO. 1 PROJECT SUMMARY CONDITIONAL USE PERMIT NO. 2008 -05377 Development Standard Proposed Project C -G Zone Standards Site Area 14.7 acres N/A Parking 1,241 spaces provided 699 required" * *Amount required for the approval of Conditional Use Permit No. 3400 establishing the indoor marketplace [DRAFT] ATTACHMENT NO.2 RESOLUTION NO. PC2009 -* * * A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A CATEGORICAL EXEMPTION, CLASS 1 AND APPROVING CONDITIONAL USE PERMIT NO. 2008 -05377 (1440 SOUTH ANAHEIM BOULEVARD) WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Conditional Use Permit No. 2008 -05377 to permit a tattoo and body piercing establishment on certain real property situated in the City of Anaheim, County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference. WHEREAS, the property proposed for the tattoo and body piercing establishment is developed with an indoor commercial marketplace located in the General Commercial (C -G) zone, and the Anaheim General Plan designates this property for General Commercial land uses; and WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 5, 2009, 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 request to permit a tattoo and body piercing establishment in the General Commercial (C -G) zone is properly one for which a conditional use permit is authorized by Anaheim Municipal Code Section 18.08.030.040.0402 (Personal Services - Restricted). 2. That the tattoo and body piercing establishment would not adversely affect the adjoining land uses or the growth and development of the area in which it is proposed to be located because all activities would occur inside the building. 3. That the size and shape of the site for the tattoo and body piercing establishment is adequate to allow the full development of the proposed use in a manner not detrimental to the particular area nor to the health, safety and general welfare of the public because all activities would be limited to the inside of the building and the building was designed to contain numerous similar small businesses. 4. That the traffic generated by the tattoo and body piercing establishment would not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area because adequate parking is provided on -site. -1- PC2009 - * ** 5. That the granting of the conditional use permit under the conditions imposed will not be detrimental to the health and safety of the citizens of the City of Anaheim. 6. That * ** indicated their presence at said public hearing in opposition; and that * * * correspondence was received in opposition to the subject petition. WHEREAS, the proposed project falls within the definition of Categorical Exemptions, Section 15303, Class 1 (Existing Facilities) as defined in the State CEQA Guidelines, and is therefore, exempt from the requirement to prepare additional environmental documentation. NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission for the reasons hereinabove specified does hereby approve Conditional Use Permit No. 2008 -05377 subject to conditions of approval described in Exhibit "B" attached hereto and incorporated by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health, safety and general welfare of the Citizens of the City of Anaheim. BE IT FURTHER RESOLVED that this permit is approved without limitations on the duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment of Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that 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. -2- PC2009 -* * * THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 5, 2009. Said resolution is subject to the appeal provisions set forth in Chapter 18.60, "Zoning Provisions — General" of the Anaheim Municipal Code pertaining to appeal procedures and may be replaced by a City Council Resolution in the event of an appeal. CHAIRMAN, ANAHEIM PLANNING COMMISSION ATTEST: SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 5, 2009, 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 , 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2009 - * ** EXHIBIT "A" r- - - - - - - - - - - - \- d tr f CONDITIONAL USE PERMIT NO. 2008 -05377 CERRITOS AVENUE Source: Recorded Tract Maps and /or City GIS. Please note the accuracy is +1 -two to five feet I" PC2009 - * ** o so ioo 0 Feet EXHIBIT `B" CONDITIONAL USE PERMIT NO. 2008 -05377 -6- PC2009 -* * * RESPONSIBLE NO. CONDITIONS OF APPROVAL FOR MONITORING PRIOR TO FINAL BUILDING AND ZONING INSPECTIONS, OR ONE (1) YEAR FROM THE DATE OF THIS RESOLUTION, WHICHEVER OCCURS FIRST 1 That subject property shall be developed substantially in Planning accordance with plans and specifications submitted to the City of Anaheim by the applicant and which plans are on file with the Planning Department marked Exhibit Nos. 1 and 2, and as conditioned herein. GENERAL CONDITIONS 2 That signs advertising subject business shall not be Planning displayed outside of the building. 3 That approval of this application constitutes approval of Planning the proposed request only to the extent that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval does not include any action or findings as to compliance or approval of the request regarding any other applicable ordinance, regulation or requirement. 4 That extensions for further time to complete conditions of Planning approval may be granted in accordance with Section 18.60.170 of the Anaheim Municipal Code. 5 That timing for compliance with conditions of approval Planning may be amended by the Planning Director upon a showing of good cause provided (i) equivalent timing is established that satisfies the original intent and purpose of the condition(s), (ii) the modification complies with the Anaheim Municipal Code and (iii) the applicant has demonstrated significant progress toward establishment of the use or approved development. -6- PC2009 -* * * ATTACHMENT NO. 3 Fill, 01111IN1 I 1 1000 "If October 1, 2008 City of Anaheim Planning Department 200 South Anaheim Boulevard Anaheim, California 92805 Re: C.U.P. Application Gentleperson(s), Dayal Singh, owner of Global Arts and Crafts is currently applying for a C.U.P. with the City of Anaheim to occupy Space 1-22 inside the Anaheim Indoor Marketplace. 1-22 has a total square footage of 250 square feet. Mr. Singh will be operating his business. The current hours of operation of the Anaheim Indoor Marketplace are Wednesday through Monday, 10:00 A.M. to 7:00 P.M. The Anaheim Indoor Marketplace currently has a total of 1241 on-site parking spaces. We feel that this proposed application will have no adverse effect on the current vendors inside the Anaheim Indoor Marketplace or its surrounding businesses or neighbors. If you would like to discuss this C.U.P. application please feel free to contact me. Thank you. Respectfully submitted. Very trtdy yours, INDOOR MARKETPLACE LEL/hd Enclosure By:__\/�n� Les E. Lederer, President 1440 S. Anaheim Blvd. - Anaheim, CA 92805 - (714) 999-0888 - Fax (714) 999-0885 CUP VAR Apt) - Dayal Singh 100108.doe Item No. 5 z MINUET LN J 10 w O Q = N U N CC N U U W = ~ RS -2 LU U M Q 1 DU EACH Q w ❑ � ❑ o ¢ �'w ¢ D C -G ❑ � ❑ � � p J p LU O LLI J _ _ O C CORRIDOR.. O VERL-q,y 2O � . . . 4 Q .�. RA ~P EA ENV SP 94 -1 SIGN SP 94 -1 DA 2 SC ENIC Q RO RID 0V R p COMPANY SMALL INDUSTRIAL SP 94-1 RCL70 -71 -46 FOOD RC 70 -71 -47 (22) DISTR. T -CUP 2008 -05392 T -CUP 2005 -05040 CUP 2005 -04971 SP 94 -1 PARTY DA2 GOODS SMALL IND. HUNTER AVENUE FIRM 320' y SP 94 -1 �- SMALL IND. SP 94 -1 / FIRMS SP 94-1 COURIER r� SERVICE i DA2 IMPORT /EXPOR I SP 94 -1 COMPANY SMALL IND. FIRMS SP 94 -1 DA2 w r SP 94 -1 SP 94 -1 U DA 2 DA2 w 2 U m SP 94 -1 SP 94 -1 DA2 DA2 POST OFFICE PROCCESSING CENTER SP 94 -1 SP 94 -1 SP 94 -1 SMALL IND. DA2 ANAHEIM FIRMS HILLS DA2 HEALTH PLAZA o so 100 O 0 Feet January 5, 2009 r _� � __�o Q Subject Property o Y 2 •� Conditional Use Permit No. 2005 -04971 E. LA PALMA AVE _ (Tracking No. CUP2008- 05392) EE w a z 5397 East Hunter Avenue 10671 January 5, 2009 Q Subject Property Conditional Use Permit No. 2005 -04971 (Tracking No. CUP2008- 05392) 5397 East Hunter Avenue E. O AANGETHORPE AVE + �♦ E.LAPALMAAVE • 3 — � w a . SANTA ANA CANYON A� z E 10670 0 50 100 - 0 Feet ITEM NO. 5 PLANNING COMMISSION AGENDA REPORT City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 5, 2009 FROM: PLANNING SERVICES MANAGER KIMBERLY WONG, PROJECT PLANNER SUBJECT: AMENDMENT AND REINSTATEMENT OF CONDITIONAL USE PERMIT NO. 2005-04971 (TRACKING NO. CUP2008- 05392) LOCATION: 5397 East Hunter Avenue APPLICANT /PROPERTY OWNER: The applicant is Laura North of Pump It Up — Anaheim Hills and the property owner is Cristi Cristich - Milazzo and Barker and Pollock. REQUEST: The applicant requests to amend and reinstate a previously- approved conditional use permit for an indoor bounce house facility and delete a condition of approval pertaining to a time limitation. RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution determining that a previously- approved Negative Declaration is the appropriate environmental documentation for this request and approving the amendment and reinstatement of Conditional Use Permit No. 2005 - 04971. BACKGROUND: The 2.1 -acre property is currently developed with a two- tenant industrial building. The property is located in the Northeast Area Specific Plan, Expanded Industrial Area — Scenic Corridor Overlay (SP94 -1, DA2, SC) Zone. The General Plan designates this property and properties to the east, west and south sides for Industrial land uses. Properties to the north across the railroad tracks and Orangethorpe Avenue are designated for Low Density Residential land uses. On June 1, 2005, the Planning Commission approved Conditional Use Permit No. 2005 -04971 to permit an indoor bounce house facility for a period of three years. The time limitation was placed on the permit to assess whether there would be any compatibility issues between the business which caters to children and the adjoining industrial tenant. The CUP included an expiration date of June 1, 2008. On November 19, 2008, the applicant submitted a request to amend and reinstate the permit. Code allows the applicant to submit a request for a reinstatement no later than six months after the expiration date of the permit. CONDITIONAL USE PERMIT NO. 2005-04971 January 5, 2009 Page 2 of 2 PROPOSAL: The applicant requests the conditional use permit for the existing indoor bounce house facility be reinstated with no time limitation. The applicant has stated that there are no plans to expand or alter the existing facility. CONCLUSION: The condition of approval regarding a time limitation was in place to determine whether there would be any compatibility issues between the subject use and adjacent industrial uses. The deletion of the time limitation is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate for the site and the surrounding area. Staff believes that the periodic review of the use is no longer necessary. Staff recommends approval of this reinstatement request and removal of the time limitation. Respectfully submitted, 0 1A �,"'�;�� Principal Planner , Plan ning Services Manager Attachments: 1. Draft Resolution 2. Justification for Reinstatement 3. Code Enforcement Memorandum The following attachments were provided to the Planning Commission and are available for public review at the Planning Services Division at City Hall. 4. Prior Staff Report 5. Prior Resolution 6. PC Minutes 7. Site Photographs [DRAFT] ATTACHMENT NO. 1 RESOLUTION NO. PC2009 - * ** A RESOLUTION OF THE ANAHEIM PLANNING COMMISSION APPROVING A NEGATIVE DECLARATION AND APPROVING A REINSTATMENT OF CONDITIONAL USE PERMIT NO. 2005- 04971, AND AMENDING CERTAIN CONDITIONS OF APPROVAL OF RESOLUTION NO. PC2005 -89 (TRACKING NO. CUP2008- 05392) (5397 EAST HUNTER AVENUE) WHEREAS, on June 1, 2005, the Anaheim City Planning Commission, adopted Resolution No. PC2005 -89 granting Conditional Use Permit No. 2005 -04971 to permit an indoor bounce house facility at 5397 East Hunter Avenue; and that Condition No. 1 of said resolution specifies that the use is approved for a period of three years to expire on June 1, 2008; and WHEREAS, this property is currently developed with a two -unit, two- story, industrial building, the underlying zoning is the Northeast Area Specific Plan, Expanded Industrial Area — Scenic Corridor Overlay (SP94 -1, DA2, SC), the Anaheim General Plan designates this property for Industrial land uses; and WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for Reinstatement of Conditional Use Permit No. 2005- 04971, to modify or delete a condition of approval pertaining to a time limitation to retain a previously- approved indoor bounce house facility pursuant to Code Section No. 18.60.180 of the Anaheim Municipal Code for certain real property situated in the City of Anaheim County of Orange, State of California, shown on Exhibit "A ", attached hereto and incorporated herein by this reference. WHEREAS, the Planning Commission did hold a public hearing at the Civic Center in the City of Anaheim on January 5, 2009, at 2:30 p.m., notice of said public hearing having been duly given as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.60 "Procedures ", to hear and consider evidence for and against said proposed amendment and to investigate and make findings and recommendations in connection therewith; and WHEREAS, said Commission, after due inspection, investigation and study made by itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing, does find and determine the following facts: 1. The facts necessary to support each and every finding for the original approval of the entitlement as set forth in this chapter exist. 2. The permit is being exercised substantially in the same manner and in conformance with all conditions and stipulations originally approved. 3. 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. - 1 - PC2009 -* * * 4. With regard only to the deletion of a time limitation, such deletion is appropriate because it has been demonstrated that the use has operated in a manner that is appropriate in the underlying zone and the surrounding area. 5. That the existing use at the time of approval was properly one for which a conditional use permit was authorized by the Zoning Code. 6. That the use, as reinstated and amended, will not adversely affect the adjoining land uses and the growth and development of the area in which it is located. 7. That the size and shape of the site for the existing use is adequate to allow the full development of the use, in a manner not detrimental to either the particular area or health and safety. 8. That the traffic generated by the existing use will not impose an undue burden upon the streets and highways designed and improved to carry the traffic in the area. 9. That the granting of the reinstatement 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. 10. That * ** indicated their presence at said public hearing in opposition; and that * ** correspondence was received in opposition to the subject petition. NOW, THEREFORE, BE IT RESOLVED, that the Anaheim City Planning Commission has reviewed the proposal and does hereby find that the previously- approved Negative Declaration in connection with Conditional Use Permit No. 2005 -04971 (Tracking No. CUP2008- 05392) is adequate to serve as the required environmental documentation in connection with this request. BE IT FURTHER RESOLVED that the Anaheim City Planning Commission, for the reasons hereinabove stated does hereby approve the proposed reinstatement of Conditional Use Permit No. 2005 -04971 to permit an indoor bounce house facility on property located at 5397 East Hunter Avenue as requested by the applicant. BE IT FURTHER RESOLVED that the Planning Commission does hereby amend, in their entirety, the conditions of approval adopted in connection with Planning Commission Resolution No. PC2005 -89 and as adopted in connection with Conditional Use Permit No. 2005- 04971, to delete the time limitation and to read as shown in Exhibit "B" attached hereto and incorporated herein by this reference, which conditions are hereby found to be a necessary prerequisite to the proposed use of the subject property in order to preserve the health and safety of the citizens of the City of Anaheim. BE IT FURTHER RESOLVED, except as otherwise amended herein, Resolution No. PC2005 -89 remains in full force and effect. BE IT FURTHER RESOLVED, that this permit is approved without limitations on the hours of operation or duration of the use. Amendments, modifications and revocations of this permit may be processed in accordance with Chapters 18.60.190 (Amendment to Permit Approval) and 18.60.200 (City - Initiated Revocation or Modification of Permits) of the Anaheim Municipal Code. -2- PC2009 - * ** BE IT FURTHER RESOLVED that the Anaheim City Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon applicant's compliance with each and all of the conditions hereinabove set forth. Should any such condition, or any part thereof, be declared invalid or unenforceable by the final judgment of any court of competent jurisdiction, then this Resolution, and any approvals herein contained, shall be deemed null and void. BE IT FURTHER RESOLVED that the applicant is responsible for paying all charges related to the processing of this discretionary case application within 15 days of the issuance of the final invoice. Failure to pay all charges shall result in the revocation of the approval of this application. THE FOREGOING RESOLUTION was adopted at the Planning Commission meeting of January 5, 2009. 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 ) I, Grace Medina, Senior Secretary of the Anaheim City Planning Commission, do hereby certify that the foregoing resolution was passed and adopted at a meeting of the Anaheim Planning Commission held on January 5, 2009, 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 January, 2009. SENIOR SECRETARY, ANAHEIM PLANNING COMMISSION -3- PC2009 - * ** EXHIBIT "A" CONDITIONAL USE PERMIT NO. 2005 -04971 ARP AVE -4- PC2009 -* * * Source. Recorded Tract Maps and/or City GIS. Please note the accuracy is +1 -two to five feet. EXHIBIT `B" CONDITIONAL USE PERNHT NO. 2005 -04971 -5- PC2009 - * ** RESPONSIBLE FOR NO. CONDITIONS OF APPROVAL MONITORING GENERAL 1. That existing gates must remain open during business hours to make all Code Enforcement parking spaces accessible. 2. That all doors serving the subject indoor recreation facility shall Code Enforcement conform to the requirements of the Uniform Fire Code and shall be kept closed at all times during the operation of the premises except for ingress /egress, permit deliveries and in cases of emergency. 3. That the property shall be permanently maintained in an orderly fashion Code Enforcement 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. 4. That at all times when the premises is open for business, the premises Code Enforcement shall be maintained as a bona fide indoor recreation facility that is engaged primarily in children's parties. 5. That no outdoor uses and /or assembly shall occur on the property. Code Enforcement 6. That no required parking area shall be fenced or otherwise enclosed for Code Enforcement outdoor storage use. 7. That subject property shall be developed substantially in accordance Planning with plans and specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the Planning Department marked Exhibit No. 1 through 3 and as conditioned herein. 8. That approval of this application constitutes approval of the proposed Planning 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- PC2009 - * ** ATTACHMENT NO. 2 Subject: Justification for Reinstatement of Conditional Use Permit #2005-4971 for 5397 E. Hunter Avenue, Anaheim 92807 We are requesting to have Conditional Use Permit number #2005-4971 reinstated based on the following grounds: Sincerely, Laura North Owner Pump It Up — Anaheim Hills 5397 E. Hunter Avenue 0 Anaheim Hills, CA 92807 0 Ph: 714-693-9663 W, ATTACHMENT NO.3 MEMORANDUM CITY OF ANAHEIM Community Preservation Division DATE: DECEMBER 12, 2008 TO: KIMBERLY WONG, PLANNER FROM: MARTI DE LA CUEVA, CODE ENFORCEMENT OFFICER SUBJECT: 5397 E. HUNTER AVE., ANAHEIM Per the conditional use permit reinstatement request, I conducted an inspection at the above - referenced location on December 12, 2008, and did not observe any violations on the property at that time. If you have any questions regarding this matter, please feel free to contact me at extension 4484. C7 N <D m °p mz m� m� ¢' �� �r �� O mZ � ms mz z� m �� m= D o Q � m to KNOT CD Ln STREET KNOTT STR ET J 0 O N Q Q BEACH BOULEVARD BEACH m O BOULEVARD `V D MAGNOLIA MAGNOLIA AVENUE AVENUE - _ BROOKHURST al �� `V STREET BROOKHURST � STREET Q EUCLID 3 STREET EUCLID mm `V STREET D I. HARBOR HARBOR BLVD. z BLVD. O HASTER STREET EAST STREET N C) ST. COLLEGE ST. BLVD. COLLEGE BLVD. ryO� W I 6 O KRAEMER BLVD. T O V J TUSTIN AVENUE LA K EVIEW AVENUE IMPERIAL HIGHWAY SERRANO FAIRMONT BLVD. AVENUE WEIR L N CANYON ROAD 'v JAMBOREE ROAD • z � GYPSUM CANYON J ` ROAD • COAL �•^/ ROAD 0 V Z City of Anaheim PLANkIING DEPARTULEV'T FROM: PLANNING SERVICES MANAGER VANESSA NORWOOD, PROJECT PLANNER APPLICANT: City of Anaheim Planning Department REQUEST: This is a City-initiated request to amend Title 18 (Zoning) of the Anaheim Municipal Code to amend Chapter 18.04 (Single Family Residential Zones) of the Anaheim Municipal Code related to the permitted height of non-habitable accessory structures; and, to amend Chapters 18.38 (Supplemental Use Regulations), 18.44 (Signs) and 18.20 (Platinum Triangle Mixed Use Overlay Zone) of the Anaheim Municipal Code related to temporary residential banner and future establishment sign provisions, including the creation of new wayfinding sign standards and procedures for residential developments within The Platinum Triangle. RECOMMENDATION: Staff recommends that the Commission continue this request to January 21, 2009 to allow time for staff to finalize the requested amendments. Respectfully submitted, Concurred by, G ) vh Principal Planner h PI iming Services Manager 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765-5139 Fax: (714) 765-5280 www.anaheim.net Z v N >0 mD D JJW D� m> `� Dr m' DO mD `J �' �� o> �� �� �� .� �� o m, m ; m m� m = g — _ m KNOTT Cyl STREET KNOTT STREET J O N Q Q BEACH BOULEVARD BEACH T O BOULEVARD \V MAGNOLIA D AVENUE MAGNOLIA AVENUE BROOKHURST \V STREET URST STREET STREET EUCLID STREET EUCLID TT \V STREET �F HARBOR HARBOR BLVD. z BLVD. O HASTER STREET EAST STREET N 0 ST. COLLEGE ST. BLVD. COLLEGE M � W BLVD. I O O KRAEMER O BLVD. /T v V J TUSTIN AVENUE LA K EVIEW AVENUE IMPERIAL HIGHWAY SERRANO FAIRMONT BLVD. AVENUE WEIR L N CANYON ROAD 'v JAMBOREE ROAD • z � GYPSUM CANYON J ` ROAD • COAL �•^/ CAN ROAD J N Z v ITEM NO. 7 PLANNING COMMISSION AGENDA City of Anaheim PLANNING DEPARTMENT DATE: JANUARY 5, 2009 FROM: PLANNING SERVICES MANAGER VANESSA NORWOOD, PROJECT PLANNER SUBJECT: ZONING CODE AMENDMENT NO. 2008-00076 LOCATION: Citywide APPLICANT: City of Anaheim Planning Department REQUEST: This is a City- initiated request to amend Chapters 18.08 (Commercial Zones), 18.10 (Industrial Zone) and 18.38 (Supplemental Use Regulations) of the Anaheim Municipal Code to eliminate "Automotive — Car Sales, Retail or Wholesale - Office Use Only" as a specific land use category. RECOMMENDATION: Staff recommends that the Commission continue this request to January 21, 2009 to allow time for staff to finalize the requested amendments. Respectfully submitted, Concurred by, Principal Planner Planning Services Manager 200 S. Anaheim Blvd. Suite #162 Anaheim, CA 92805 Tel: (714) 765 -5139 Fax: (714) 765 -5280 www.anaheim.net ATTACHMENT NO. 1 ORDINANCE NO. XX AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF TITLE 18 OF THE ANAHEIM MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1 That Table 8 -A (Primary Uses: Commercial Zones) of Section 18.08.030 (Uses) of Chapter 18.08 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows: Table 8 -A P= Permitted by Right PRIMARY USES: COMMERCIAL ZONES C= Conditional Use Permit Required N= Prohibited T= Telecommunications Antenna Review Permit Required C -NC C -R C -G O -L O -H Special Provisions Residential Classes of Uses Mobile Home Parks N N C N N Senior Citizens Housing C C C N N Senior Citizens Apartment projects subject to Chapter 18.50 Non - Residential Classes of Uses 1 Alcoholic Beverage Sales— C C C C C Conditional use permit not Off -Sale required if use is in conjunction with Markets — Large; in O -L and O -H Zones, must be clearly accessory to and integrated with an office building Alcoholic Beverage Sales— C C C C C On -Sale Ambulance Services N C C N N Animal Boarding N N C N N Animal Grooming p N p N N Antennas — Broadcasting C C C C C Antennas— T T T T T Subject to § 18.38.060 and Telecommunications - Stealth 18.62.020 Building- Mounted Antennas— T T T T T Subject to § 18.38.060 Telecommunications - Stealth Ground - Mounted Antennas— N N N N N Telecommunications Ground - Mounted (Non - Stealth) Automatic Teller Machines p p p p p Subject to § 18.36.040 (ATM's) Automotive —Car Sales & N N C N N Subject to 18.38.200 Rental Automotive —Car Sales, Retail P- N P- N PIN P- PIN c„i ; eet to § , 4 3 Q 065 of or Wholesale (Office Use Only) Automotive — Public Parking C C C C C Automotive —Parts Sales C P P N N Automotive — Repair & C C C N N Modification Automotive — Service Stations C C C C C Subject to 18.38.070 Automotive — Washing N C C C C In O -L and O -H Zones, must be accessory to an Automotive — Service Station use Bars & Nightclubs C C C C C In O -L and O -H Zones, must be accessory to and integrated with an office building Bed & Breakfast Inns C C C C C Subject to 18.38.080 Billboards N N N N N Boat & RV Sales N N C N N Subject to 18.38.200 Business & Financial P P P P P Services Cemeteries N N C N N Commercial Retail Centers C C C N N Community & Religious C C C C C In O -H Zone, must be Assembly clearly accessory to and integrated with an office building Computer Internet & N C C C C In O -L and O -H Zones, Amusement Facilities must be clearly accessory to and integrated with an office building Convalescent & Rest Homes N N C N N Convenience Stores C C C C C Subject to § 18.38.110 in O -L and O -H Zones, must be clearly accessory to and integrated with an office building Dance & Fitness Studios— N C C C C In O -H Zone, must be Large clearly accessory to and integrated with an office building Dance & Fitness Studios— P P P P P In O -H Zone, must be Small clearly accessory to and integrated with an office building, otherwise requires a conditional use permit Day Care Centers C C C C C Drive - Through Facilities C C C C C Educational Institutions— C C C C C Business Educational Institutions— N C C C C General Educational Institutions— P P P P P Subject to § 18.36.040 Tutoring Equipment Rental —Large N C C N N Equipment Rental —Small C P P C C In O -H and O -L Zones, must be clearly accessory to and integrated with an office building Group Care Facilities C C C C C Subject to § 18.36.040 Helipads N N C N N Allowed only in conjunction with a hospital Hospitals N N C C C Hotels & Motels N C C N N Markets —Large P P P N N Markets —Small C C C C C Medical & Dental Offices P P P P P Mortuaries N N P N N Offices P P P P P Personal Services— General P P P P P Laundromats are subject to § 18.38.150 In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Personal Services— Restricted C C C C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Plant Nurseries N C P N N Subject to §§ 18.38.190 and 18.38.200 Public Services C C P C C Recreation— Billiards C C C C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Recreation — Commercial C C C C C In O -L and O -H Zones, Indoor must be clearly accessory to and integrated with an office building Recreation — Commercial C C C C C Outdoor Recreation — Low - Impact C C C P P In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Recreation — Swimming & C C C C C Tennis Repair Services— General P N P N N Repair Services— Limited P P P C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Research & Development N C C C P Restaurants— Drive - Through N C C C C Subject to § 18.38.220 Restaurants— General P P P C C Subject to § 18.38.220 Restaurants— Semi - Enclosed C C C C C Subject to § 18.38.220 Restaurants — Walk -Up C C C C C Retail Sales— General P P P P P Subject to § 18.38.220 Retail Sales— Kiosks C C C C C Retail Sales— Outdoor C C C N N Subject to §§ 18.38.190 and 18.38.200 Retail Sales— Regional N P C N N Retail Sales —Used Merchandise P P P N N Room & Board N N C N N Self- Storage N N C N N Sex - Oriented Businesses N N P N N Subject to Chapter 18.54 Smoking Lounge P P P N N Subject to Chapter 4.22 and § 18.38.260 Studios— Broadcasting C C P C C Studios— Recording N N P C C In O -L and O -H Zones, must be clearly accessory to and integrated with an office building Transit Facilities C C C C C Utilities —Major C C C N C Utilities —Minor P P P P P Pay phones are permitted by right in all zones if located on the interior of a building or attached to the exterior within 10 feet of the main building's entrance Veterinary Services C C C N N Wholesaling N C C N N Shall be accessory to a Retail Sales use SECTION 2 That Table 10 -A (Permitted Uses: Industrial Zone) of Section 18.10.030 (Uses) of Chapter 18.10 of Title 18 of the Anaheim Municipal Code be, and the same is hereby, amended as follows: Table 10 -A PRIMARY USES: INDUSTRIAL ZONE P= Permitted by Right C= Conditional Use Permit Required N= Prohibited T= Telecommunications Antenna Review Permit Required I Special Provisions Residential Classes of Uses Mobile Home Parks C Non - Residential Classes of Uses Agricultural Crops P Alcoholic Beverage Sales— Off -Sale C Alcoholic Beverage Sales —On -Sale C Ambulance Services P Animal Boarding C Animal Grooming C Antennas — Broadcasting C Antennas — Telecommunications - Stealth Building- Mounted T Subject to § 18.38.060 and 18.62.020 z Antennas— Telecommunications - Stealth Ground - Mounted T Subject to § 18.38.060 Antennas — Telecommunications - Ground- Mounted (Non - Stealth) N Automated Teller Machines (ATM's) P Automotive —Car Sales & Rental C Subject to 18.38.200 Automotive —Car Sales, Retail or Wholesale (Office Use Only) G N Automotive — Impound Yards C Subject to 18.38.200 Automotive — Public Parking C Automotive —Parts Sales C Automotive — Repair & Modification C Automotive — Service Stations C Subject to 18.38.070 Automotive — Washing C Bars & Nightclubs C Billboards N Boat & RV Sales C Subject to 18.38.200 Building Material Sales C Not more than 30% of the outdoor area, excluding parking, shall be devoted to outdoor displays; subject to § § 18.38.190 and 18.38.200 10 Business & Financial Services C Community & Religious Assembly C Dance & Fitness Studios —Large C Dance & Fitness Studios —Small C Day Care Centers C Drive - Through Facilities C Educational Institutions— Business C Educational Institutions— General C Educational Institutions— Tutoring C Subject to § 18.36.040 Equipment Rental —Large C Conditional use permit not required if conducted entirely indoors (Ord. 5944 § 8; September 28, 2004.) Equipment Rental —Small P Helipads & Heliports C Hospitals C Hotels & Motels C Industry— Limited P Industry — General C Junkyards C Subject to 18.38.200 Mortuaries C 11 Offices— Development P Offices— General C Permitted without conditional use permit only if accessory to an industrial or other primary permitted use Oil Production C Subject to 18.38.180 Outdoor Storage Yards C Subject to 18.38.200 Personnel Services — General C Laundromats are subject to § 18.38.150 Personnel Services— Restricted C Plant Nurseries P Subject to §§ 18.38.190 and 18.38.200 retail only requires a conditional use permit Public Services P Recreation — Billiards C Recreation — Commercial Indoor C Amusement arcades are allowed only in conjunction with a hotel, motel, or bowling alley Recreation — Commercial Outdoor C Recreation — Low - Impact P Recreation — Swimming & Tennis C Recycling Facilities C Subject to Chapter 18.48 Repair Services— General P Repair Services— Limited C 12 Research & Development P Restaurants— Drive - Through C Subject to 18.38.220 Restaurants— General C Fast -food and take -out service allowed without a conditional use permit when a part of an industrial complex of 5 or more units; subject to § 18.38.220 Restaurants — Semi - Enclosed C Subject to 18.38.220 Restaurants — Walk -Up C Retail Sales — Household Furniture C Permitted by conditional use permit only if the retail sales portion of the business occupies a minimum of 50,000 square feet of building floor area Retail Sales— General C Industrially- related only Retail Sales— Outdoor C Subject to §§ 18.38.190 and 18.38.200 Self Storage C Subject to City Council Policy No. 7.2 Sex - Oriented Businesses P Subject to Chapter 18.54 Studios — Broadcasting P Studios — Recording P Towing Services P Transit Facilities C Truck Repair & Sales C Subject to 18.38.200 Utilities —Major C 13 Utilities —Minor P Veterinary Services C lip I Warehousing & Storage— Enclosed P _ Wholesaling P SEC'TTON 3 That Section 18.3 8.065 of Chapter 18.38 of Title 18 of the Anaheim Municipal Code is hereby deleted. • • r�saei��r�rsri 2�rr�i�ra�s���.ree�srar�tes� • SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. 14 lip I jiiijiii g _ • _ Oi� • _ I I _ •. • • r�saei��r�rsri 2�rr�i�ra�s���.ree�srar�tes� • SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. 14 SECTION 4. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination here from of any such portion as may be declared invalid. 14 SECTION 5 . SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 6. PENALTY It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefore as provided for in this ordinance. THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the day of , 2009, and thereafter passed and adopted at a regular meeting of said City Council held on the day of , 2009, by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: CITY OF ANAHEIM an MAYOR OF THE CITY OF ANAHEIM ATTEST: 15 CITY CLERK OF THE CITY OF ANAHEIM 16