PC 2003/01/13clrY ol= A~AO-IElnn
PLANNING COMMISSION AGEN®A
JANUARY 13, 2003
Council Chambers, City Hall
200 South Anaheim Boulevard, Anaheim, California
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CALL TO ORDER ~~ ~ f
PLANPlII~G Gb
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DAMES VANDERBILT
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PLEDGE OF ALLEGIANCE
PUBLIC COMMENTS
CONSENT CALENDAR
PUBLIC HEARING ITEMS
ADJOURNMENT
H:\DOCS\CLERICAL4IGENDAS/011303. DOC
AGENDA
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01-13-03
Page 1
RECONVENE TO PUBLIC HEP.RING AT 1:30 P.M.
PUBLIC COMMENTS:
This is an opportunity for members of the public to speak on any item under the jurisdiction of the'
Anaheim City Planning Commission or public comments on agenda items with the exception of public
'hearing items.
CONSENT CALENDAR:
Item 1-A through 1-C 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 andlor removed from the
Consent Calendar for separate action.
A. a) CEQA EXEMPTION SECTION 15051(b)(3) AND GENERAL PLAN
AMENDMENT NOS. 2002-00408 AND 2002-00409 -REQUEST FOR
INITIATION: City of Anaheim, Planning Department, 200 South
Anaheim Boulevard, Anaheim, CA 92805, requests Planning
Commission initiation of a General Plan amendment to amend the
Land Use Element of the General Plan to redesignate two County
pockets from the Low Density Residential land use designation to the Project Planner:
Low-Medium Density Residential land use designation and the (avazauez ar7anaheim.netl
General Commercial land use designation to the Low-Medium Density
Residential land use designation. Properties are two County pockets SR8527AV.DOC
throughout Anaheim.
B. a) CEQA EXEMPTION SECTION 15061(bl(3) AND
RECLASSIFICATION 2003-00093 -REQUEST FOR INITIATION:
Anaheim Redevelopment Agency, Attn: Elisa Stipkovich, 201 S.
Anaheim Boulevard, Anaheim, CA 92805 requests Planning
Commission initiation of a reclassification from the CL (Commercial,
Limited) zone to the RM-3000 (Residential, Multiple-Family) zone. Project Planner:
Property is 4.4 acres with a frontage of 330 feet on the south side of (dsee@anaheim.net)
Lincoln Avenue and is located 650 feet east of the centerline of Gilbert
Street (2300 West Lincoln Avenue -Daniel's Furniture). SR2123DS.DOC
C. Receiving and approving the Minutes from the Planning Commission
Meeting of December 16, 2002. (Motion)
01-13-03
Page 2
PUBLIC HEARING ITEMS:
2a. CEQA NEGATIVE DECLARATION Request for
2b. CONDITIONAL USE PERMIT NO. 2002-04626 continuance to
January 27, 2003
OWNER: Nevada Investment Holdings, Inc., 5405 Morehouse, Suite
250., San Diego, CA 92121
AGENT: Keith Francis, 5405 Morehouse, Suite 250, San Diego, CA
92121
LOCATION: 1891-1899 West Lincoln Avenue. Property is
approximately 10.46 acres located at the northeast corner
of Lincoln Avenue and Muller Street (Target Shopping
Center).
To permit and retain an existing automotive repair and parts installation
facility.
Project Planner:
Continued from the November 18, 2002, Planning Commission meeting. (iramirezfa~anaheim.netl
CONDITIONAL USE PERMIT RESOLUTION NO. SR8475JR.DOC
3a. CEQA NEGATIVE DECLARATION
3b. WAIVER OF CODE REQUIREMENT
3c. CONDITIONAL USE PERMIT NO. 2002-04627
3d. TENTATIVE TRACT MAP NO. 16430
OWNER: Clada M. Pletz, 3302 West Ball Road, Anaheim, CA 92604
AGENT: Olson Company, 3020 Old Ranch Parkway, Suite 400, Seal
Beach, CA 90740-2751
LOCATION: 3302 West Ball Road. Property is approximately 2.5 acres
with a frontage of 393 feet on the south side of Ball Road
located 140 feet east of the centerline of Oakhaven Drive.'
*Advertised as 2.4 acres.
CONDITIONAL USE PERMIT N0.2002-04627 - To construct a 21-unit
detached one-family residential condominium subdivision with waivers of:
a) minimum private street standard, b) maximum fence height, c)
maximum structural height adjacent to asingle-family residential zone, d)
minimum structural setback abutting an arterial highway, e) minimum
distance between building walls and f) minimum landscaped setback
adjacent to asingle-family residential zone.
TENTATIVE TRACT MAP NO. 16430 - To establish a 6-lot, 21-unit
airspace detached residential condominium subdivision.
Project Planner:
Continued from the November 18, 2002, Planning Commission meeting. (cwaaner~a anaheim.netl
CONDITIONAL USE PERMIT RESOLUTION NO. SR1106CW.DOC
01-13-03
Page 3
4a. CEQA NEGATIVE DECLARATION
4b. RECLASSIFICATION NO. 2002-00084
4c. WAIVER OF CODE REQUIREMENT
4d. CONDITIONAL USE PERMIT NO. 2002-04614
OWNER: INC AN-LO, 408 North Anaheim Boulevard, Anaheim, CA
92805
AGENT: William Taormina, 128 West Sycamore Street, Anaheim,
CA 92805
LOCATION: 400-424 North Anaheim Boulevard and 411-417 North
Claudfna Street. Property is approximately 1.32 acres
located at the northeast comer of Anaheim Boulevard and
Adele Street.
RECLASSIFICATION NO. 2002-00084 -Request reclassification of the
property from the RS-5000 (Residential, Single-Family) and CG
(Commercial, General) zones to the CL (Commercial, Limited) zone, or a
less intense zone.
CONDITIONAL USE PERMIT NO. 2002-04614 - To establish land use
conformity with existing zoning code land use requirements and to
expand an existing legal non-conforming retail center and to permit on-
premises sale and consumption of alcoholic beverages in conjunction with
a proposed restaurant with waivers of: a) maximum structural height
within 150 feet of a residentially zoned property, b) minimum structural
and landscaped setback abutting arterial highway, c) minimum structural
and landscaped setback abutting a local street, and d) minimum structural
and landscaped setback abutting residential zone boundary.
Continued from the December 2, 2002, Planning Commission meeting.
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
January 27, 2003
Project Planner:
{iramirez a(~anahetm.net)
SR8488JR.DOC
01-13-03
Page 4
5a. CEQA CATEGORICAL EXEMPTION -CLASS 1
5b. WAIVER OF CODE REQUIREMENT
5c. CONDITIONAL USE PERMIT NO. 2002-04629
OWNER: David Ly, Lyman Legacy, 2841 South Croddy Way, Unit A,
Santa Ana, CA 92704
AGENT: Deena Detry, Nextel Communications, 310 Commerce,
Irvine, CA 92602
LOCATION: 1201 and 1211-1231 South Euclid Street. Parcel 1 is
approximately 0.6-acre located at the southwest comer of
Ball Road and Euclid Street. Parcel 2 is approximately 1.6
acres having a frontage of 350 feet on the west side of
Euclid Street and located 170 feet south of the centerline of
Ball Road.
Request to establish land use conformity with existing zoning code land
use requirements for an existing legal nonconforming commercial center
and liquor store and to permit a telecommunications antenna with
accessory ground-mounted equipment with waivers of minimum number
of parking spaces and maximum structural height adjacent to a residential
zone.
Project Planner:
Continued from the December 2, 2002, Planning Commission meeting. (vnonvood(o~anahetm.net)
CONDITIONAL USE PERMIT RESOLUTION NO. SR8483VN.DOC
6a. CEOA CATEGORICAL EXEMPTION -CLASS 1
6b. WAIVER OF CODE REQUIREMENT
6c. CONDITIONAL USE PERMIT NO. 2002-04620
OWNER: Katella LLC, 1404 East Katella Avenue, Anaheim, CA
92805
AGENT: Oscar Ramirez, 12052 Jennifer Lane, Garden Grove, CA
92840
LOCATION: 1363 East Gene Autrv Way. Property is approximately 4:8
acres having a frontage of 302 feet on the north side of
Gene Autry Way located 260 feet east of the centerline of
Betmor Lane.
To permit a banquet hall facility with on-premises consumption, but not
sales of beer and wine with waiver of minimum number of parking spaces.
Continued from the November 4, November 18 and December 2, 2002, Project Planner:
Planning Commission meetings. tevambaofa~anaheim.net)
CONDITIONAL USE PERMIT RESOLUTION NO. SR8517EY.DOC
01-13-03
Page 5
7a. CEQA CATEGORICAL EXEMPTION -CLASS 11
7b. VARIANCE NO. 2002-04546
OWNER: Frances Cascio, 2364 Damascus Court, San Jose, CA
95125
AGENT: Dennis Stout, 871 North Maplewood Street, Orange, CA
92867
LOCATION: 915 South Harbor Boulevard. Property is approximately
0.42-acre with a frontage of 110 feet on the west side of
Harbor Boulevard located 195 feet south of the centedtne
of Vermont Avenue (farrows Restaurant).
Waiver of maximum number of wall signs to install two business
identification wall signs on existing restaurant building.
VARIANCE RESOLUTION NO.
8a. CEQA NEGATIVE DECLARATION
8b. VARIANCE NO. 2002-04542
80. TENTATIVE TRACT MAP NO. 16340
OWNER: Thao Tran, 6651 Silent Harbor Drive, Huntington Beach,
CA 92648
AGENT: Hieu Pha, 10402 Westminster Avenue, Suite 100, Garden
Grove, CA 92843
LOCATION: 610 South Sunkist Street. Property is approximately 1.07
acres with a frontage of 268 feet on the east side of Sunkist
Street located 400 feet north of the centerline of South
Street.
VARIANCE NO. 2002-04542 -Request waivers of: a) minimum lot width
and frontage and b) orientation of residential structures adjacent to
arterial highways to construct five (5)single-family residences.
TENTATIVE TRACT MAP NO. 76340 - To establish a 5-lot, 5-unit
detached single-family residential subdivision.
VARIANCE RESOLUTION NO.
Project Planner:
(skoehmta7anaheim:vet)
SR8524SK.DOC
Project Planner:
(avazau ez(a~ anaheim. net)
SR8525AV.DOC
01-13-03
Page 6
9a.
9b.
OWNER: Landry Properties LP, 517 12v' Street, Santa Monica, CA
90406
AGENT: Paul Kott, 1225 West Lincoln Avenue, Anaheim, CA 92805
LOCATION: 2861 East Miraloma Avenue. Property is approximately
4.7 acres with a frontage of 330 feet on the north side of
Miraloma Avenue located 980 feet west of the centerline of
Red Gum Street (California Auto Dealers Exchange).
Reinstatement of this permit by the modification or deletion of a condition
of approval pertaining to a time limitation (approved on June 21, 1999, to
expire January 31, 2003) to retain an automobile storage lot with a
modular office unit.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
teva mbaofa~a n ahe im. net)
SR8514EY:DOC
01-13-03
Page 7
10a. CEQA NEGATIVE DECLARATION
10b. GENERAL PLAN AMENDMENT NO. 2002-00407
10c. RECLASSIFICATION N0.2002-00087
10d. WAIVER OF CODE REQUIREMENT
1Oe. CONDITIONAL USE PERMIT N0.2002-04641
OWNER: Atlantic Richfield Co., P.O. Box 512485, Los Angeles, CA
90051
AGENT: Leslie Burnside, Tait & Associates, 9089 Claremont Mesa
Boulevard, # 300, San Diego, CA 92123
LOCATION: 1201 South Brookhurst Street. Property is approximately
1.7 acres located at the southwest corner of Ball Road and
Brookhurst Street (Arco AM/PM Service Station).
GENERAL PLAN AMENDMENT N0.2002-00407 - To amend the Land
Use Element of the General Plan to redesignate a portion of the property
from the Low Density Residential designation to the General Commercial
designation.
RECLASSIFICATION NO. 2002-00087 -Request for reclassification of a
portion of the property from the County C-1 (Commercial) zone to the CL
(Commercial, Limited) zone, or a less intense zone.
CONDTIONAL USE PERMIT NO. 2002-04641 - To establish conformity
with zoning code land use requirements for an existing drive-through
restaurant and to permit a service station with accessory car wash and
convenience market with the sales of beer and wine fpr off-premises
consumption with waivers of: a) nonconforming structures and uses -
general, b) nonconforming signs and billboards -general and c)
maximum structural height abutting asingle-family residential zone
boundary.
GENERAL PLAN AMENDMENT RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO.
Request for
continuance to
January 27, 2003
Project Planner:
(iramirez(a~anaheim.n
SR8519JR.DOC
01-13-03
Page 8
11a. CEQA NEGATIVE DECLARATION
11 b. RECLASSIFICATION N0.2002-00088
11 c. VARIANCE NO. 2002-04547
11d. TENTATIVE TRACT MAP NO. 16452
11e. SPECIMEN TREE REMOVAL PERMIT'NO. 2002-00007
OWNER: Ruitson Ouyang, 8641 Hillcrest Road., Buena Park, CA
90621
AGENT: Carta Frakes, Starlight Oaks, LLC, 2 McLaren, Unit B,
Irvine, CA 92618
LOCATION: 6161 East Santa Ana Canyon Road. Property is
approximately 1.1 acres with a frontage of 174 feet on the
north side of Santa Ana Canyon Road located 442 feet
west of the centerline of Quintana Drive.
RECLASSIFICATION NO.2002-00088 -Request reclassification of the
subject properly from the RS-A-43,000 (SC) (Residential/Agricultural;
Scenic Corridor Overlay) zone to the RS-5,000 (SC) (Residential, Single-
Family; Scenic Cortidor Overlay) zone.
VARIANCE NO 2002-04547 -Request waiver of minimum lot depth
adjacent to a Scenic Expressway.
TENTATIVE TRACT MAP NO. 16452 - To establish a 6-lot, 6-unit
detached single-family residential subdivision.
SPECIMEN TREE REMOVAL PERMIT NO. 2002-00007 - To remove
one (1) specimen Oak tree.
RECLASSIFICATION RESOLUTION NO. Project Planner:
favazauezaf~anaheim:ne0
VARIANCE RESOLUTION NO.
SR8528AV.DOC
01-13-03
Page 9
12a.
12b.
12c.
12d.
12e.
12f.
12g.
12f
OWNER: Toura #2, 3927 Barranca Parkway, J-425, Irvine, CA 92606
AGENT: Mahmoud Bdaiwi, 4000 Barranca Parkway, Suite 250,
Irvine, CA 92604
LOCATION: 1597 West Katella Avenue. Property is approximately
1.07 acres with a frontage of 150 feet on the north side of
Katella Avenue located 160 feet east of the centerline of
Carnelian Street.
GENERAL PLAN AMENDMENT NO. 2002-00406 - To amend the Land
Use Element of the General Plan redesignating the properly from the
Commercial Professional designation to the Low-Medium Density
Residential designation.
RECLASSIFICATION N0.2002-00085 -Request reclassification of the
subject property from the RS-10,000 (Residential, Single-Family) zone to
the RM-2,400 (Residential, Multiple-Family) zone, or a less intense zone.
CONDITIONAL USE PERMIT NO. 2002-04635 - To construct a 16-unit
attached residential condominium subdivision with waivers of: a) minimum
private street standards, b) minimum number of required parking spaces,
c) maximum structural height within 150 feet of asingle-family residential
zone, (d) maximum site coverage, (e) minimum landscape setback
abutting asingle-family residential development and (f) minimum required
recreational leisure area.
TENTATIVE TRACT MAP NO. 16465 - To establish a 1-lot, 16-unit
attached residential airspace condominium subdivision.
GENERAL PLAN AMENDMENT RESOLUTION NO.
RECLASSIFICATION RESOLUTION NO.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(cwagner a(~anaheim.net)
SR1105CW.DOC
01-13-03
Page 10
13a. CEQANEGATIVEDECLARATION
13b. WAIVER OF CODE REQUIREMENT
13c. CONDITIONAL USE PERMIT NO. 2002-04640
OWNER: Evangelical Christian Credit Union, 955 West Imperial
Highway, Brea, CA 92821
AGENT: Ray Chang, Ambassador Church, 2801 North Brea
Boulevard, Fullerton, CA 92835
LOCATION: 2566 West Woodland Drive. Property is approximately
0.35-acre with a frontage of 69 feet on the west side of
Woodland Drive located 680 feet east and south of the
centerline of Magnolia Avenue.
To permit a church within an existing office building with waiver of
minimum number of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
14a. CEQA NEGATIVE DECLARATION
14b. WAIVER OF CODE REQUIREMENT
14c. CONDITIONAL USE PERMIT NO. 2002-04628
OWNER: Ronald P. Beard Trustee, 5120 Birch Street, Suite 120,
Newport Beach, CA 92660-2153
AGENT: Jim Todaro, The Consulting Group, 5440 Trabuco Road,
Irvine, CA 92620
LOCATION: 1216-1254 South Magnolia Avenue. Property is
approximately 7.7 acres located south .and east of the
southeast corner of Baii Road and Magnolia Avenue.
To establish conformity with existing zoning code land use requirements
for an existing commercial retail center and to permit a
telecommunications antenna and accessory ground-mounted equipment
with waiver of maximum structural height within 150 feet of asingle-family
residential zone boundary.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(vnorwood lrD anahiem. nett
SR8516VN.DOC
Request for
continuance to
January 27, 2003
Project Planner:
(vnonvood aOanaheim.netl
SR6516VN.DOC
01-13-03
Page 11
15a. CEQA CATEGORICAL EXEMPTION -CLASS 3
15b. CONDITIONAL USE PERMIT N0.2002-04647
OWNER: Tap v. Phi, 1643 West Cerritos Avenue, Anaheim, CA
92802
LOCATION: 1643 West Cerritos Avenue. Property is approximately
0.8-acre with a frontage of 114 feet on the north side of
Cerritos Avenue located 685 feet east of the centerline of
Euclid Street.
To permit an attached granny unit in conjuncticn with an existing single- Project Planner:
family residence. (vnorwood ananaheim.net)
CONDITIONAL USE PERMR RESOLUTION NO. SR8507VN.DOC
16a. CEQA CATEGORICAL EXEMPTION --CLASS 1
16b. CONDITIONAL USE PERMIT NO. 2002-04643
OWNER: Joseph T. Kung, 20866 East Quail Run Drive, Diamond
Bar, CA 91789
AGENT: William Flory, 5711 Rocking Horse Way, Orange, CA
92869
LOCATION: 5579 East Santa Ana Canyon Road. Suite 102. Property
is approximately 5 acres located at the northwest comer of
Santa Ana Canyon Road and Imperial Highway
(Alexander's Grand Salon).
To permit and retain a massage business in an existing beauty salon.
Project Planner:
(avaza uezCo~ ana h elm. nett
CONDITIONAL USE PERMIT RESOLUTION NO.
SR8515AV.DOC
01-13-03
Page 12
17a. CEQA NEGATIVE pECI.ARATION
17b. WAIVER OF CODE REQUIREMENT
17c. CONDITONAL USE PERMIT NO. 2002-04646
OWNER: J & J Food Store Inc., P.O. Box 2305, Fullerton, CA 92837-
0805
AGENT: Pradeep Singh, 6251 Rosemary Drive, Cypress, CA 90630
LOCATION: 3174 West Ball Road. Property is approximately 0.34-acre
located at the southeast corner of Ball Road and Western
Avenue (A-1 Food Mart).
Establish conformity with existing zoning code land use requirements for
an existing convenience market with off-premise sales and consumption
of beer and wine and to permit a truck rental facility as a secondary
primary use with waiver of minimum number of parking spaces.
CONDITIONAL USE PERMIT RESOLUTION NO.
18a. CEQA NEGATIVE DECLARATION
18b. VARIANCE N0.2002-04539
OWNER: Tomas Rodriguez, P.O. Box 8521, Anaheim, CA 92806
AGENT: Jeffrey Jonsson, 20331 Irvine Avenue., # 7, Santa Ana
Heights, CA 92702
LOCATION: 542 South Atchison Street. Property is approximately
0.46-acre with a frontage of 150 feet on the east side of
Atchison Street located 530 feet south of the centerline of
Santa Ana Street.
Waivers of: (a) maximum fence height In the front setback area and (b)
minimum number of parking spaces to retain an unpennitted second story
office expansion to an industrial building.
VARIANCE RESOLUTION NO.
Project Planner:
firamirez a(~.anaheim.ne0
SR8520JR.DOC
Project Planner:
(evambao(~ana h ei m.ne0
SR8526EY.DOC
01-13-03
Page 13
19a. CEQA CATEGORICAL EXEMPTION -CLASS 1
19b. CONDITIONAL USE PERMIT NO. 2002-04645
OWNER: Michael Bagguley, 701 Concord Street, Glendale, CA
91202
AGENT: Rodolfo Ramirez, Networks Ultra Express, 531 South
Wayside Street, Anaheim, CA 92805
LOCATION: 3010 West Lincoln Avenue. Property is approximately
1.58 acres located at the southwest corner of Lincoln
Avenue and Beach Boulevard.
To permit and retain a computer rental and Internet amusement (arcade)
business.
CONDITIONAL USE PERMIT RESOLUTION NO.
20a.
20b.
OWNER: Khoda Ostowari, K. Ostowari Construction 878 North Main
Street, Orange, CA 92868
LOCATION: 805 South Harbor Boulevard. Property is approximately
0.8-acre located at the southwest corner of South Street
and Harbor Boulevard.
Reinstate permit by the modification or deletion of a condition of approval
pertaining to a time limitation (approved on June 20, 2000 to expire
September 13, 2003) to retain the sales of beer and wine for off-premises
consumption and amend previously-approved exhibits and conditions of
approval pertaining to signage (to permit and retain three (3) unpermitted
informational signs, one (1) existing directional sign, one (1) car wash
menu sign and construct three (3) wall signs and modify conditions of
approval pertaining to hours of operation for the convenience market and
the sales of beer and wine for apreviously-approved service station with.
an accessory convenience market with sales of beer and wine for off-
premises consumption and self-serve car wash.
Continued from the December 16, 2002, Planning Commission meeting.
CONDITIONAL USE PERMIT RESOLUTION NO.
Project Planner:
(~,vagne r(a)a n ah eim. n et)
SR1104CW.DOC
Request for
continuance to
January 27, 2003
Project Planner:
(avazg uez(a~anaheim. nett
SR8523AV.doc
01-13-03
Page 14
ADJOURN TO MIONDAY, JANUARY 27, 2003 AT 9:00 A.M. FOR
REVIEW OF CITYWIDE LAND USE ALTERNATIVES PREPARED
IN CONJUNCTION WITH THE GENERAL PLANIZONING CODE
UPDATE PROGRAnA.
CERTIFICATION OF POSTING
I hereby certify that a complete copy of this agenda was posted at:
I I X00 a~tif1
(TIME)
til, ~D ~%3
(DATE)
LOCATION: COUNCIL CHAMBER DISPLAY CASE AND
/CO/UINCIL D' ISP, L.A,YnKIOSK
SIGNED: ~ I/'~,Lt/ / , ' Li~-C
If you challenge .any one of these City of Anaheim decisions in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this notice, or in a written
correspondence delivered to the Planning Commission or City Council at, or prior to, the public hearing.
RIGHTS OF APPEAL FROM PLANNING COMMISSION ACTION
The action taken by the Planning Commission this date regarding Reclassifications, Conditional Use
Permits and Variances shall be considered final unless, within 22 days after Planning Commission action
and within 10 days regarding Tentative Tract and Parcel Maps, an appeal is filed. This appeal shall be
made in written form to the City Clerk, accompanied by an appeal fee in an amount determined by the
City Clerk.
The City Clerk, upon filing of said appeal in the Clerk's Office, shall set said petition for public hearing
before the City Council at the earliest possible date. You will be notified by the City Clerk of said hearing.
ANAHEIM CITY PLANNING COMMISSION
In compliance with the American with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Planning Department, (714) 765-5139. Notification 48 hours prior to 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.
01-13-03
Page 15
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General Plan Amendment No. 2002-00409 Subject Property
Date: January 13, 2003
Scale: 1" = 200'
Requested By: CITY OF ANAHEIM Q.S. No. 33
REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE ELEMENT
OF THE GENERAL PLAN TO REDESIGNATE THIS PROPERTY FROM THE GENERAL COMMERCIAL
LAND USE DESI GNATION TO THE LOW-MED IUM DENSITY RESIDENTIAL LAND USE DESIGNATION.
No City-assigned address 549
R&R ITEM N0. 1-A (I)
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General Plan Amendment No. 2002-00408 f~ ~„~ Subject Property
-~~ ~`>~ Portion A Date: January 13, 2003
<:r ;3';<. Subject Property Scale: Graphic
Requested ey: CITY OF ANAHEIM Portion B Q.S. No. 23
REQUEST TO INITIATE A GENERAL PLAN AMENDMENT TO REDESIGNATE SEVERAL
PROPERTIES FROM THE LOW DENSITY RESIDENTIAL LAND USE DESIGNATION TO
THE LOW-MEDIUM DENSITY RESIDENTIAL LAND USE DESIGNATION.
No City-assigned address
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R&R ITEM N0. 1-B
RM-1200
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CASA BELINDA
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CUP 1897
CUP 3636
LOWE ELEM. SCHOOL
(CLOSED)
POLK AVE
RS-i
1 DUI
8 CL
TPM NO. 2001-160 5DU RM-1200 5DU
CUP 9B3 77-78-21 CL 9E
CUP 955 69-70.28 mmx mmm~ 62-63-19 61
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PRIVATE SCHOOL
TRANSIT AVENUE
Reclassification No. 2003-00093 Subject Property
Date: January 13, 2003
Scale: Graphic
Requested By: ANAHEIM REDEVELOPMENT AGENCY Q:S. No. 33
A CITY (COMMUNITY DEVELOPMENT DEPARTMENT) REQUEST FOR PLANNING
COMMISSION INITIATION OF A RECLASSIFICATION FROM THE CL (Commercial,
Limited) ZONE TO THE RM-3000 (Residential, Multiple-Family) ZONE OR A LESS
INTENSE ZONE.
2300 West Lincoln Avenue sso
ATTACHMENT - R&" 1-B
MEMORANDUM
CITI( OF ANAHEIM
Community Development Department
DATE: January 13, 2003
TO: Planning Commission
FROM: ~: Elisa StipRovich, Executive Director
SUBJECT: ('REQUEST FOR INITIATION OF A ZONE RECLASSIFICATION FOR
THE PROPERTY AT 2300 WEST LINCOLN AVENUE
(INFORMATION ONLY)
On November 19, 2001, the Planning Commission initially heard the City initiated
request for a General Plan Amendment and Zone Reclassification for 2300 West
Lincoln (Daniel's Furniture site). The proposed General Plan Land Use designation was
Low-Medium Density Residential and the proposed reclassification was RM-3000. The
current General Plan Land Use designation for this site is General Commercial and the
current zoning is CL (Commercial Limited). The zone reclassification request will
accommodate the development of residential units on both the otd Home Depot Parking
Lot site and Daniel's Furniture site at a density of approximately 10 to 13 dwelling units
per acre.
The City, through the West Anaheim Vision Plan, is proposing development of housing
in West Anaheim that will include homeownership opportunities for existing and future
Anaheim residents. In-fill housing development opportunities such as this site provide
one opportunity for new housing since West Anaheim is substantially developed with
existing uses.
The West Anaheim Vision Plan proposes developing housing by converting marginally
performing commercial uses into housing opportunity sites. By consolidating mid-block
commercial uses to major intersections, commercial property values increase, creating
opportunities for more desirable commercial uses. In addition, land is available for the
development of new housing.
The West Anaheim Vision Plan, which has been approved by the Planning
Commission, City Council and West Anaheim Vision Plan participants, identifies the
Daniel's Furniture property as being a candidate for conversion to residential, as is most
mid-block commercial properties on major corridors.
Finally, Anaheim has a State requirement to provide new housing. The subject site
(Daniel's Furniture), at 4.6 acres, in tandem with the former Home Depot site provides
for the development of substantial new housing opportunities. The density proposed for
Planning Commission
January 13, 2003
Page 2
this and other sites, which is 10 to 13 dwelling units per acre, provides for home
ownership opportunities.
Staff requests the reclassification of the Daniel's parcel to I_ow-Medium Residential as
proposed in the West Anaheim Vision Plan. Should you have any questions, please
contact me at extension 4332.. Thank you.
F:\0005140MIN\MEMOS\OdM21 WA.000
I TEtt N0. 2
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RCL 53-54-19
ADJ 2002-00226
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RCL 87-68-24
RCL 63-64-117
RCL 53-54-17
CUP 3068
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SHOPS 8 OFFICES
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53-54-19 ~
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LINCOLN AVENUE
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Conditional Use Permit No. 2002-04626
= RS-A-
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V-462
V-3485 (Res of Inl. ~
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CENTE OFFICES
ME DICAL OFFICE:
" Subject Property
Date: November 18, 2002
Scale: 1" = 200'
Requested By: NEVADA INVESTMENT HOLDINGS, INC. Q.S. No. 46
REQUEST TO PERMIT AND RETAIN AN EXISTING AUTOMOTIVE REPAIR AND
PARTS INSTALLATION FACILITY.
1891-1899 West Lincoln Avenue -Target Shopping Center
a7o
Staff Report to the
Planning Commissioh
January 13, 2003
Item No 2
2a CEQA NEGATIVE bECLARATION (Motion forbontinuance)
2b.`> CONDITIONAL USE PERMIT NO. 2002-04626
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 10.46-acre property is located at the northeast eorner of Lincoln
Avenue antl Muller Street, having frontages of 751 feet on the riorth side of Lincoln Avenue,
545 feet ort the easf side of Muller Street, end 544 feet on the west side of Crescent Way
(1891-1899 West Lincbin Avenue - Target Shopping Center).
REQUEST:
(2) The petitioner requests approval'of a conditional use permit under the authority of Code
Section 18:44.050.085 to permit end retain'en existing automotive repair and parts
'.installation facility.
rBACKGROUND; i
1 (3) The property is currently developed with a 119,700 square foot, single tenant retail store
with an outdoor garden center (Target), a 7,550 square-foot automobile repair and
installation center, ahd a 5,000 square foof multi-tenant commercial retail' building. The
property is zoned CG'(Commercial, General) and islocated within the Plaza Project
'Redevelopment Project Area. The Anaheim General Plan Land Use Map designates the
property forGeneral Commercial land uses.
i (4) At the request of the petitioner, this item was continued from the November 18, 2002,
meeting in `order to allow the petitioner time to addresses issues'pertaining to the remodel
and upgrade of the automotive facility. The petitioner;. Keith Francis, has`submitted the
attached letter, dated January 2,.2003, requesting an edditional'continuance to the January
27, 2003, Planning Commission meeting in order to allow more time to continue working on
tFie issues!'
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the January 27, 2003, meeting.
Sr8475(2)jr
.'.Page 1
TRN 82 '03 09:SBRM SUNBELT PROPERTY MRNA6EMENT CO.HiiH~~nrni - iitri rvu. ~ F 1/1
SLJN~E~T MANAGEMENT C®MPANY°
VIA FACSIAAILE AND U.S. PAAIL
(?14) 765.5280
January 2, 2003
Mr. John Ramirez
Planning Department
CRY OF ANAHEIFA
200 South Anaheim 81vd.
Anaheim, CA 92805
RE: #220 ANAHEIfl9
CONDITIONAL USE PERMIT
A-1 AUTO SERVICE
Dear John:
~.~~
~e~~W aw®
~,. Cs~~~ .,?,~
Please accept this letter as out request to continue the Conditional Use Pemtit #2002-04626
processing from the proposed January 13, 2003 hearing date to that of January Z7, 2003.
S~in/~erely~ ~
Keith Francis
KF:ct
cc: Michael W. Holmes
Robert E_ Griffin
Christian A. Young
H'~CTKFW22W R Iff. C,U.P. F7 Oulo Service. OY-02-03.doc
"DOING BUSINESS IN CAUFORNIAAS S.INBELT PROPERTY MANAGEMENT COMPANY
TELEPHONE 559-149D
,5405 MOREHOUSE DRNE,SUITE?50 SAN DIEGO,CA 921ZI ° FACSIMILE ~ 554-1985
r
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Conditional Use Permit No. 2002-04627 Subject Property
f
Tentative Tract Map No. 16430 Date; November 18, 2002
Scale: 1" = 200'
Requested By: C LADA M. PLETZ Q.S. No. 7
REQUEST TO CONSTRUCT A 21-UNIT DETACHED ONE-FAMILY RESIDENTIAL CONDOMINIUM SUBDIVISION
WITH WAIVERS OF: (A) MINIMUM PRIVATE STREET STANDARD
(B) MAXIMUM FENCE HEIGHT
(C) MAXIMUM STRUCTURAL HEIGHT ADJACENT TO ASINGLE-FAMILY RESIDENTIAL ZONE
(D) MINIMUM STRUCTURAL SETBACK ABUTTING AN ARTERIAL HIGHWAY
(E) MINIMUM LANDSCAPED SETBACK ADJACENT TO A SINGLE-FAMILY RESIDENTIAL ZONE
(F) MINIMUM DISTANCE BETWEEN BUILDING WALLS
REQUEST TO ESTABLISH A 6-LOT, 21-UNIT AIRSPACE DETACHED RESIDENTIAL CONDOMINIUM SUBDIVISION.
33D2 West Ball Road 469(2002-11-15)
Staff Report to the
Planning Commission
January 13, 2003
Item No. 3 _
REVISED 01/13/03
3a. i CEQANEGATIVEDECLARATION (Motion)
3b.; WAIVER OF CODE'REQUIREMENT (Motion)
3c. ` CONDITIONAL USE PERMIT NOS 2002-04627 (Resolution)
3d.' `TENTATIVE TRACT MAP NO. 16430 (Motion)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 2.5'-acre prop erty has a frontage of$93 feet oh the south side of
Ball Road'; a maximum depth df 270 feefand is located 140 feet east df the centerline of
Oakhaven Drive (3302 West Ball Road).
'Advertised as 2.4 acres.
REQUEST:
(2) The petitioner requests approval of the following:
Conditional Use Permit No. 2002-04627 - to construct a 21-unit detached'one-family
residential condominium subdivision under the authority of Code Section 18.31.050:090 with
.'waivers of the following:
(a) SECTION NO. 17.08.065.020 Minimumorivate street standard. l45 foot street
width' with sidewalks on both'sides of the street
required;'41 foot street with proposed with no
sidewalk on the south side of lot one proposed).
(b) SECTION NOS, 18.04:0043.100 'Maximum fence height (3-foot high fence:
AND 18.31.064 l permitted; 6-foot High fence proposed).
(c) SECTION NO. 18.31.062.012 ° Maximum'structural height adjacent to a "single-
`: familVresidential zdhe (i-SfONpermitted within 50
`feet of alsingle-family residential zone boundary; 2-;
` std dwelling units within 10A to 19.5 feet of the ''
'single-family zone boundary).'
(d) SECTION NO. 18.31.063.011 r Minimumstructuraf setback abutting an arterial
hidhwav 20-foot wide setback`adjacent to Ball
r Rcad required; 7 to' 12-foot wide setbackproposed)
(e) SECTION NOS: 18.31.063:021 Minimum distance between building walls
18'.31.063:022 ! (11 feeF~equired 6elween building walls; 9-
AND 18:37.063:023 ' 10 feet proposed).
(f) SECTION NO. 1$.31.063.024 Minimum landscaped setback'adiacent to a
' single-family residential zone (20-foot
landscaped setbackwith one'tree planted per 20
lineal feet required] 10.4 to 19:5-foot settiack
proposed).
sr1106cw(2)
Page'1
Staff Report to the
Planning Commission
January 13, 201)3
Item No. 3
Tentative Tract Mao No. 16412 - to establish a 6-lot, 21-unit detached airspace detached
residential condominium'subdivision
BACKGROUND:
(3) This item was continued from the November 18, 2002, Planning Commission meeting at
the request of the Commission in order to have the applicant meet with the community
regarding project concerns.
(4) This property is developed with asingle-family home and has been zoned RM3000
(Residential,.Multiple-Family) since August 14 1990. This site is located in the West Anaheim
Commercial Corridors Redevelopment Project Area and the Anaheim General Plan Land Use
Element Map designates this site for Low-Medium Density. Residential land uses!
(5) Surrounding land uses are as follows:
Direction Land Use .:Zoning !; General Plan
Desi nation
North across
Ball Road Commercial and CL and RM-1200 General Commercial':
Condominiums
Low-Medium Density
East f Condominiums RM-3000 Residential
South Sin le-Famil Homes ' RS-7200 Low Densi Residential
.West Sin le-Famil Homes RS-7200 Low Densi Residential
PREVIOUSZONING ACTIONS:
(6) There are no previous zoning actions pertaining td this property.
DEVELOPMENT PROPOSAL:
(7) The petitioner proposes to construct a t3-lot (fourJettered lots for street dedication, landscape
maintenance and;,private street maintenance and'two numbered lots for the detached
condominiums), 21-unit detached airspace condominiumsubdivision: The site plan (Exhibit
No. 1) and tentative tract map indicate: the following:
Development Standards. Proposed Project RM~3000 Zone
Standards
Site Area 2a7acres 108,900 s uare feet =N/A
Numberbf Dwellih Units 21' dweilin Lnlts 36 units max.
Avers a Land Area er Unit 4j127s uare feet' > 3,000 s.f er unit min.
Lot Covers a 19% 40% max:
Average Recreation/Leisure
Area` er Dwellin' Unit 1;214 s.f. per'unit
25;494 s uare feet total 1,000. s.f: per unit min.
i (21,000 s.f. totap
Average land areper unit does not include private street (Lot A).
(8) ; The site plan and. tentative map indicate the following site characteristics:
Page 2
Staff Report o the
Planning Commission
January 13, 2003
item No. 3
Direction :.Proposed Structural Setbacks Code-Required Structural Adjacent Zoning'
Setbacks
7 feet to the 6-foof,high block. 15-25 feet (with an overall
North adjacent to Ball wall; 12 feet to the structure'(20 average of 20 feet) fully!
Road'+ trees with layered landscaping landscaped NIA
ro osed
East adjacent to' 12.3 to 19.5 feet
condominium com lex no landsca in ro osed 11'feet RM-3000
South. adjacent to -10.4 to 19.5 feet 50 feet (for 2-story
single-family (13 trees, no ground cover structures); 20 feet fully.::
residences ro osed landsca ed RS-7200
West`adjacent to 12.1 to 19'.2 feet 50 feet (fort-story
single-family (20 trees, no ground cover ' structures);20 feet fully,
residences ro osed landsca ed `RS-7200
No. of +Site Area
Pro'bct ~~ `~onin Units r ~ nacres NetDensi erAcre":
Pro osed'Pro'ect ' RM-3000 21 " '2.50 8.4
'Rib Vista 26 2.90 9.0
226-230 North Rio Vista RM-3000
Brandywine Development 12 1.3 9.2
820 S. Ma nolia Avenue RM-3000
Knott/Ball 18 2.1 8.6
832 South Knott Ave. RM-3000
Peppertree.Walk 68 5.67 11.9
1925 W. Lincoln Ave.:' RM-3000 ' ;
'Linhaven 60 6.3 9.5
2144 W. Lincoln Ave. RM-3000
`Cypress Infill 41 3.0 13.6
::.NEC C ress St.B Olive St. RM-3000
Coffman 3 0.27 11.1
203 N. Coffman St. RM-2400
Lincolh/Brookhurst 57 6.25 9.1
1:12-218 S. Brookhurst,St. RM-3000
Code allows a maximum densitybf up to!14.5 dwelling units per: acre inthe RM-3000 Zone.
Page 3'
Staff Report to the
Planning Commission
January 13,2003
Item tJo. 3
(11) The floor plans (Exhibit Nosc 2 and 3) indicate 2-story units eonsisting of a family room, living
rpom, dining room, kitchen, laundry/service room, and poach with attached 2-cad garage in'two
models as follows:
Plan ? No, of Units Living Area No. of
First Floor (without garage) Bedrooms
Second Floor i Bathrooms
Total
1 9 4 555 square feet 4 Bedrooms
989 square feet " 2.5 Bathrooms
1,544 s care feet
2 12 628 square feet r 3 Bedrooms'
1,153 square feet ' 2.5 Bathrooms
1,781 s Lare feet
'The first floor plan foe Plan 2 (Exhibit No: 3) indicates an option for an additional: bedroom or den!:
(12) Vehicular access is provided by a "U-shaped" private streef from Ball Road. The site plan
indicates 93 parking spaces;availabiewlthin the subdivision; with 4 spaces provided for each
unit (2 spaces within a garage and 2 in a driveway) and 9 street parking spaces: for guest
parking (42 garage spaces and 51 open spaces).: Code requires a total of 74 parking spaces
(42 covered) based on the requirement of 3.5 spaces fora 4-bedroom unit (3.5 x 21 units `=
73.5 spaces). Staff has accommodated the optional bedroom for Plan 2 when determining. the
required number of spaces. The petitioner does riot propose any gates across the entry to the
private;street. Plans indicate sidewalks on both sides of the U-shaped; street, except on the
:south end of lot 1
(13)i Revised elevation drawings (Revision No, 1 of Exhibit Nos. 4, 4a, 5, 5a, 6 and 7) for the two
models indicate four elevation themes; proposed.: throughout the subdivision. Plans indicate that
all of the detached condominiums are2-story sttvctures with Spanish/Monterey or Craftsman
Style architecture. Elevation`drawingsfnr Plan One A (Exhibit Nos. 4 and 4a) indicate concrete
"s" the#oofs, stucco finished'exteriorwalis, wood'shutters, exposed rafters, and decorative'clay
outlooks. Elevation drawings for Plan One B (Revision No. 1 of Exhibit Nos. 5 and Sa) indicate
flat concrete file roofs, stucco finished exterior walls with stone banding and decorative window
treatment. Elevation drawings for Plah'Two Craftsman (Revision No. 1 of Exhibit Nos. 6 and 7)
indicate decorative window treatments; stone and wood columns to support the front porch.
and stucco finished exterior walls. Plan Two Spanish Colonial (Revision No. 1 of Exhibit Nos. 6
and 7),indicate an arched entrance, wood shutter's, and decorative pipe accents-with stucco
finished exterior walls, Revised plans indieate that all units proposed along`the south
property line (units 4-12 adjacent tosingle family residences) are. Plan One, which has
been designed with small high windows on the rear elevation. Revised plans also
indieate that three of the homes (units 5, 6 and 11), which are oriented to side onto the
property line adjacent to the single-family residences, would have obscure' glass
windows on the?side elevation. Finally, revised plans also indicate modifications to the
rear elevations of units 1 j2 and 3 (adjacent to the westproperty line), which include'
obscure glass on the two`eight-paned windows and replacing the opposite eight-paned
window with a smaller four-paned window. These alterations would only apply to the
three Plan Two units that abut single-family homes along the west property line. The
revised plans indicate that all windows on the rear elevation of the homes+along the"
south and west property have decorative banding and; framing. ';
Page:: 4
Staff Report to the
Planning Commission
January 13, 2003
item No. 3
(14) The applicant has submitted a landscape'plan (Exhibit No. 8) which indicates twenty
(20) 36-inchbox Crape Myrtle Trees (Lagerstomia)to be planted along: Ball Raad. Code
requires a minimum of 1 tree per 20 lineal feet of frontage fora total of'20 trees{ The
plan also indicates twenty-six (26) 24-inch box Camphor Trees (Cinnamomum
camphora) along the private street (within the front;yards) of the subdivision; twenty-
four (24)-inch box Carolina Laurel Cherry Trees (Prunus caroliniana) to be planted in
between the detached condominium units; thirteen;(13) 24-inch box Afghan Pine Trees
(Pious eladarica) within the rear yards of he homes abutting he single family homes
along the west property line (units 1S) and twenty (20) 24-inch box Afghan Pine(Trees
(Pious eladarica) within the rearyards of the homes abutting he single family homes to
the south. The plan also indicates groundcover within the front yards along the';private
dNve; however, groundcover is not shown in the rear yards. The applicant has indicated
that it is their preference to allow the future homeowner to landscape and maintain the
rear yards.: Code requires treeson 20-foot centers`and a 26 foot wide fully landscaped
setback adjacent to a'single-family residential aonei boundary for a total of 20 trees
along the south property line and 13 trees along the west property line.
ENVIRONMENTAL IMPACTANALYSIS:
(15) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review in
the Planning, Department) and finds no significant environmental impact ahd, therefore.,
recommends that a Negative Declaration be'approved;upon afinding by the. Planning
Commission that the fegative Declaration reflects the independent judgment of the lead
agency; and'that it has'considered the proposed Negative Declaration together with any
comments received during the public review,process and furtherflnding on the basis of the
Initial Study and any comments received that there is no substantial evidence that the project
will have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(16) The proposed project has been reviewed by affected City departments to determine whether it
conforms with the City's Growth',Management Elemenfadoptetlbylhe City Council odMarch
17 1992. Based on City staff review of the proposedproject, it'has been determined that this
project does: not fit within the scope necessary to require a Growth Management Element
analysis, therefore, noianalysis has been performed.
EVALUATION:
(17) The Anaheim General Plan Land Use Element designates this property for Low-Medium
Density landuses, wither density. range of 0 to 18 dwelling units per acre. The petitioner
proposes 21 idetachedicondominium dwelling units at'a density of 8.4 dwelling units per acre
(10.5 dwelling units excluding theprivate street). The'proposed detached condominium or
"small lot, single-family".development proposal would tie compatible with the existing
residential developments to the south and west (single-family residences zoned RS-7200) and
the condominium complex to the east (RM-3000) of the property..; The project Is also
consistent with the Low-Medium Density Residential land use designation for the site.
(18) Detached one-family dwellings (detached condominiums) are permitted in the RM-3000 Zone,
subject to the approvaiof a conditional use permit.
Page 5
Staff Report to the
Planning Commission
January 13; 2003
Item No. 3
(19)' Wavier (a) pertains to minimum private street standards. Public Works Engineering Detail tJo.
122 requires a sheet width'of 45 feetwith sidewalks on both: sides ofithe street Plans indicate
a stree8width of'41 feet withino sidewalk proposetl at the southerly portion of Lof 1. The Public
Works Department does notobject to this waiver because no units front on this portion of the
street and this portion does not provide access to a unit.
(20) Waiver(b) pertains maximum fence height. Codepermits a 3-foot high fence within the front
yard setback. Plans indicateta 6-foot fifgh block wall setback 7 feet from Bali Road. The project
has been designed with four units siding onto BaII Road and proposed a 6-foot block wolf td
create a useable side yard for these units. Commission should note that if the site were
developed with single-family ots siding'onto Balf Road, a 6-foot high fence would be permitted
within file side yard of these four units: Further, this waiverhas beemg~anted for'similar small
lot single-family developments. StaffFecommends a~roval of this waiver.
(21) Waivef (c) pertains to maximum structural height within 150'of asingle-family zone boundary.
Code permits 1=story condominium dwelling unitswithin 50 feet of any single-family residential
zone boundary. Plans indicate 2-SfOrv detached7esidences within 10 to 19 feet of the single-
family residential zone boundary. This waiver does not apply to the units along the east
property line because the adjacent zoning is multiple-family.'!Though these units`are classified
as condominiums; the project is designed assingle-family residences'and the proposed rear
yard setbacks of 1019 feet are consistent with tfie requirement of the RS-5000`Zone;
therefore, staff recommends a roval`of this waiver.
(22)', Wavled(d) pertains to minimum setback abutting an artertal highway. Code requires an
average 20-foot wide landscape setback adjacent to Ball Road, with na setback of less than
15-feetwith trees`planted on 20-foot centers. Plans indicate'a 7-foot wide landscape setback
to the 6-foot high :wall and a'12-foot setback for four of the proposed units, which'side onto: Ball
Road: Commission may wish to note that single-family residences siding along Ball Road
would be requiredito maintain a 5-foofsetback, similar to the propertyjust west of the site.:'.
Further; this waiver has been granted for similar small lot single-familydevelopments. Staff
recommends approval of this waiver. :
(23)I Waiver (e) pertains to minimum distance between buildings:' Code requires a minimum
distance of 11 feet between the building walls of the units: Plans indicate a 10-foot wide
separation between most building walls and 9 feet betweehthe units in the southeast and
southwest comers. Staff feels that under most single family zones the minimum setback for
side yards is 5 feet and plans indicate a minimum of 10 between most units, which creates a 5
foot side yard for each unit: Staff recommends approval of this waiver.:
(24)t Wavier (f) pertains to minimum landscaped setback abutting asingle-family residential zone.
Code requires a 20-foot landscape setback with trees planted on 20-foot centers. adjacentto a
single-family zoneboundary. Plans indicate a 10 to 19 foot wide setback for units. proposed'
along the single-family zone: boundary (south and:west property lines). Staff feels that though
the project is classifled as a detached'condominium subdivision, the design is that of a single-
: family neighborhood. The plans propose 10-19 foot wide rear yards adjacent to he single-'
i family boundary, which is similar to the'rear yard`sethack raquirementof the R5=5000 Zone.
The applicant has submitted revised elevation drawings (discussed in paragraph no: 13)
to demonstrate that all ofthe units along the south and west property lines are
designed with small, highly placed or opaque windows'(except for one larger window as
required for ingress-egress purposes), to eliminate the possibility for visual intrusion
Page 6
Staff Report to the
Planning Commission
January 13 2003
Item No. 3
upon the existing residences. Staff recommends approval of this waiver because the
project is designed with rear yards comparable with the RS-5000 Zone, the proposed
landscape plan indicates the required trees to buffer the residences to the southand
west, and the rear elevations of hese units have been modified to better accommodate
for the privacy of the neighbors.
(25) The proposed project would provide for ownership housing, in furtherance of the City's:
Housing Element goals. The General Pian Land Use Map designates this property for Low-
Medium Density Residential land uses and implementation of this project would be consistent
with this designation. Though the request is for "detached condominiums", the proposal is
designed with asingle-family character and would be at a densitylcompatible with other single-
family residential developments in the area
' (26) The Commission should note that staff is expeditiously processing an ordinance to anticipate
tfiis type of small-lot, single-family development. Staff feels that though the proposed
developmentas classified as a detached condominium'subdivision, the project is compatible
with the design and character ofsingle-family residences with 2-car garages; driveways,
sidewalks, useable yards, individual trash pick-up and compatible density, The Commission
may wish to note that under the RS-5000 zone, the maximum number of units would be 22
and this brobosal is to permit2l'detached uhitsUnder the RM-3000 zone. `!
(27) The Commission should recall that at the previous Commission meeting on November
18 2002, opposition was voiced with regard to street improvements along Bail Road,
grade differences required for drainage of the site,'privacy, dust and rodent control
during construction and the definition of "detached condominium subdivision." The
Commission should note that the developer, as requested by the Commission, met with
WAND and neighbors o discuss concerns with the'proposal As a result of meeting
with WAND the applicant has modified the elevation plans and proposed landscape
plan to increase privacy and eliminate the potential'of visual'intrusion.' The
Commission should'also note that grade differences required for appropriate drainage
of the site, will be kept to an absolute minimum. Staff has also recommended
conditions of approval to require the restriping of Ball Road to accommodate a'2-way
left turn lane.
(28) The project is located in the WestAnaheim Commercial Corridors Redevelopment Project
Area. The Community Development Department has reviewed the proposal' and has
recommended conditions of approval with regard to enhancement of the building elevations.
FINDINGS:
(29) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring that no property,
because of special circumstances' applicable to it, shall be deprived of privileges commonly
enjoyed byother properties in thesame vicinity and zone. The sole purpose of any variance
orcode waiver is to prevent discrimination and none snail be approved which would have the
effect of granting a special privilege not shared byother similar properties. Therefore; before
any variance or codewaiver is granted by the Planning Commission, it shalt be shown:
Page 7'
Staff Report to the
Planning Commission
January 13; 2003
Item No. 3
(a) That there are special circumstances applicable to the property such assize, shape,
opography, location or surroundings, which do notapply to other identically zoned`
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed by
other properties under identical zoning classification. in the vicinity.
(30) Before the Planning Commission grants any conditicnal use permit, it must make a finding of
fact that the evidence presented shows that all of the following conditions exist:
(a) :That the proposed use is properly one for'which a conditional use permit is authorized
by the Zoning Code, or that said use is not listed therein as being a permitted use;
(b) That the proposed use will notadversely affect the adjoining land uses and the growth
'and development of the area in which ittis proposed.to be located;
(c) <That the size and shape of the site for the proposed. use is adequate to allow the full
`development of the proposed use in a manner notdetrimental'to the particular area nor
i to the peace, health, safety, and general welfare;
(d) :That the traffic generated by the proposed use will not impose'an undue burden upon
',the streets and highways designed and improved to carry the raffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any, will
not be detrimental to the peace, health, safety and general welfare of the citizens of the
City of Anaheim.
(31) 'The State Subdivision Map Act (Government Code, Section 66473.5) makes if mandatory to
include in all motions approving, or recommending approval of a tract map, a specific finding
that the proposed Subdivision together with its design andjimprovement is consistent with'the
City's`General Plan.
Further, the law requires that the Commission make any of the following findings when
denying or recommendingdenial of a tract map::'..
1. -That the proposed map is notconsistent with applicable General and Specific Plans.
2. `That the design or improvement of the proposed subdivisionis not consistent with'
applicable General and Specific Plans.:'.
3. That the: site is nob physicallysuitable for the type of development,
4. 'That the site is notphysicallysuitablefnr the proposed density of development,
5. That the design of the subdivision or the. proposed improvements are likely to cause
substantial environmental damage or substantiallyjand avoidably injure fish or wildlife
or their habitat.
6. That the design of the subdivision or the type of improvements is likely to cause
serious'public health problems.
Page 8
7
RECOMME
(32) ; Staf
mee
evil
`heal
(a)
(b)
(c)
a manner not
bdivision would no[_
signed and
Staff Report to the
Planning Commission
January 13, 2003
Item. No. 3
(v) That the granting of this conditional use permit, under the conditions imposed,
would not be detrimental to the peace, heath, safety,: and general welfare of
the citizens'of the City of Anaheim.
(d) By motion, aoorove Tentative Tract Map No. 16430 to establish a 6-lot, 21-unit
detached residential airspace condominium subdivision since the design and
improvement of the proposed subdivision would' be consistent with the General Plan
land use designation of Low-Medium Density Residential
':THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS AN
'INTERDEPARTMENTAL"COMMITTEEAND'ARE RECOMMENDED FOR ADOPTION' BY THE PLANNING
COMMISSION IN THE EVENTTHATTHIS PERMIT IS APPROVED.
1. That the City of Anaheim sewer connection and sewer capacity mitigation fee for the West Anaheim
area shall be paid.
2. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets:: Any backflow assemblies currently installed in a vault
sfiall be brought up to current standards. Any other large water system equipment shall be installed
tothe satisfaction of the Water Engineeringi Division in'either underground vaults or outside of the
street setback areas in a manneFfully screened from all public streets and alleys. Said information
sllall be shown on plans and approved by Water Engineering and Cross Connection Control
Inspector before submittal for building permits.
3. That since this project has landscaping area exceeding2,500 square feet, a separate irrigation meter
sftall be installed and sfiall complyiwith CityOrdinanceNo. 5349 and Chapter 10.19 ofthe Anaheim
Municipal Code. Said information shall be shown on plans submitted for building permits.
4. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire Ifnes, shall be coordinated hrough Water
Engineering pivision of the Anaheim Public Utilities Department.
5. That gates shall not be installed across any driveway or private street in a manner which may
adversely affect vehicular traffic in a adjacent public street. Installation of'any gates shall conform
to Engineering Standard Pian N¢' 609 and shall be subject to the review and approval of the City.:
Traffic and Transportation Manager. Said infomtation`shall be spaciflcaily shown on plans submitted ,
for building permits.
6. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No.
610 and maintained to ne satisfaction of the Public Works Department, Streets and Sanitation
Division. Said tum-around area shall be specifically shown on plans submitted for building permits.
7. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation bivision and' in accordance with!approved plans on file
with said Department. That a plan shall be submitted to the Public Works Department, Sanitation
Division, showing the storage and'collection areas for three (3) automated trash barrels for eachllot
(total of 63 barrels).
8. That prior to application for water meters, fire line or submitting the water improvement plans for'
approval, the developer/owner sftail submif to the Public Utilities Water Ehgineering bNision an
Page 10
Staff Report to the
Planning Commission
Jahuary 13;2003
Item No. 3
estimate'of the maximum fire flow rate and maximum day and peak hour water demands for"the
project. This information will be used to determine the adequacy of the existing water system,to
' provide the estimated water demands. Any off-sitewater system improvements required`to serve
the project shall occur in accordance with Rule No 15A.6 of the WaterUtility Rates, Rules and
Regulations.
9. `That the property owner/developer shalCinstall street lights on Ball Road. and within the project as
required by the Electrical Engineering Division. A tiond for the installation of the street lights`shall be
posted with the City of Anaheim prior to Issuance of building permits. The street lights shall'be
installed prior to occupancy,
10: That the'locations for future above-ground utility devices including, but not limited to, electrical
transformers, water backflowdevices, gas, communications'and cable'iievices, etc., shall be shown
on plans submitted for building permits.+ Plans shall also Identify the specific screening treatments of
each device (i.e. landscape screening, color of walls, materials, identifiers, access'points, etc.) and
shall be subject to the reviewand approval of the: appropriate City departments.
11', That any required relocation of City electrical facilities shall be at the developer's expense. That
landscape and/or nardscape'screening of all pad-mounted equipment shall be required and shall be
shown on plans submitted for: building permits.
12i That roll-up garage'doors shall be shown on plans submitted for building permits. Said doors shall
be installed and maintained as shown on submittetl plans.
13: That prior to rendering water service, the developer/owner snail submit a set of improvement plans
for Putilic Utility Water Engineering review and approval in determining the conditions necessary for
providing water service to the project.
14: That the'. streets, sanitary sewers, and storm drains within the'developmentshail be privately
maintained.
15'. That all air conditioning facilities and other ground mounted equipment shall be properly shielded
from view and the sound buffered from adjacent residential properties,: Such information sfiall be
specifically shownon the plans submitted for building permits.
16. That all plumbing or other similar pipes and fixtures located on the exterior of the building shall be
? fully screened by architectural devices and/or appropriate building materials. Said information shall
be specfcally shown on the'pians submitted for building permits.
17. That thee. property shall be permanently maintained in an orderly fashion by providing regular.'
landscape maintenance, removal of trash or debris, and removal of graffiti within: twenty-four (24)
hours from time of occurence.
1ti. That clothes washer and dryer hookups shall be incorporated. into each condominium dwelling unit
and shall be shown on the plans submitted for building permits.
19. That this Conditional Use Permit is granted subject to approval and recordation of Tentative Tract
Map No.16430, now pending.
Page 11''
Staff Report to the
Planning Commission
January 13, 2003'
Item No. 3
20. That subject property shall be developed substantially in'accordance with plans and specifications
submitted to the City of;Anaheim by the petitioner and which plans!are on file with the Planning ,
Department marked Exhibit Nos. 1' 2, 3, 8 and Revision No. 1 of Exhibits 4 through 7 as conditioned
herein.
21. That final elevation plans showing additional architectural enhancements to the elevations facing Ball
Road shall be submitted to the Zoning Division for review and approval. Any decisiorotry the Zoning
Division may tie appealed to the Planning Commission or City Couhcil.
22, That prior to issuance of a building`permit, or within a period of one (1) year from the date of this
resolution, whichever occurs first(Condition Nos. 1, 2, 3 5, 6, 7, 9 10, 11, 12, 15, 16;:18, 19 ahd'21,
above-mentioned, shall.be complied with, Extensions for further time to complete said'conditions'
may be grantetl in accordance with Section 18.03.090 of the Anafteim Municipal Code„
23. That prior to final building and zoning inspections, Condition No. 20, above-mentioned, shall be
complied with;
24. 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 requestregarding any other. applicable'ordinance; regulation or requirement.
THE FOLLOWING CONDITIONS ARE SUBMITTED 8Y VARIOUS CITY DEPARTMENTS ACTING AS AN
INTERDEPARTMENTAL COMMITTEE'AND ARE RECOMMENDED FOR ADOPTION BY THEPLANNING
COMMISSION IN THE EVENT THAT TENTATIVE TRACTMAP NO.'16430 15APPROVED. s; ~
1. That the property owner/developer shall provltle the City of Anaheim with a public utilities easement
to be determined as electrical design is completed.
2. That the legal'property owner shall irrevocably offer to dedicate to the City of Anaheim (Water
Engineering pivision) an' easement twenty (20) feet in width for water service: mains and/or an
easement for large meters and other public water facilities.
3. That ail condominium units shall be assigned treat addresses and that the street name for the
private streef(if requested by the developer or required'by the City) shall be'submitted to and
approved by he Building Division.
4. That the legal property owner shall irrevocably offer to dedicate to the City of Anaheim, on a final
map, an easement 53 feet from the centerline of Ball Road.
5. That prior to approval of.the final map or grading plan, the developer shall submit a Water Quality.
Management Plan (WQMP) specifically identifying the post construction best management practices
that will be used on-site to control predictablepollutants from stormwater runoff. The WQMP shall be
submitted to the Public Works Department, Development Services Division for review and approval.
6. That prior to fihal map approval, a maintenahce covenant shall be submitted to the Subdivision
Section and approved by the CityAttomey's;office. The'covenanfshall include provisions for
maintenance of common area landscaping, perimeter walls and private facilities, including
compliance with approved Water Quality Management Pian and atnaintenance exhibif The
covenant stiall be recorded concurrently with'the final map.
Page 12
Staff Report to the
Planning Commission
January 13,:2003
Item No. 3
7. `.That BaII Road shall`be widened to conform to secondary arterial highway standards per Standard
'` Detail No 101. Street improvement plans shall be submitted to the Putilic Works. Department for
review and approval: A bond shall be posted prior to approva(of the final. map.
8. ' That a tract map to record the'division ofsubject property shall be submitted to and approvedby the
City of ArTaheim and shall then be recorded in the Office of the Orange County Recorder.
9. That prior to final tract map approval, Conditional Use Permit No. 2002-04327 shalt be granted.
10: That prior to final tract map approval the fees associated with~estriping Ball Road to incorporate a
two way eft tum lahe (to the satisfaction of the Traffic and Transportatioh Manager) shall bepaid.
11. That the existing drainage easement shall be abandoned (to the satisfaction of the Public Works
Department, Development Services Division.
12i That prior to final tract map approval, Condition Nos. 1, 2, 3, 4 5, 6, 7, 8 9, 10 and 11, above-
mentioned, shall be complied with.
13 That 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 FederaLYegulations. Approval does not
include any action'or findings as to compliance or approval of the request regarding any other
applicable ordinance, regulation or requirement.
..Page 13 r
September 30, 2002
fames Pendergast, P.E.
Senior Project Manager
BV Engineering
One Corporate Pazk, Suite 101
Irvine, CA 92606
RE: Tract No. 16430, City of Anaheim
Dear Mr. Pendergast:.
This letter is in response to your request that the Anaheim Union High School District
provide you with certain information relating to school facilities that might potentially serve
your subdivision, Tract No. 16430 >n the City of Anaheim
Tract 16430 falls within the current attendance boundaries of Western High School (grades
9-12) and ChangeviewJr. High School (grades 7-8). However, due to enrollment growth in
many areas of the District, future boundary changes maybe necessary Therefore we wish to
advise you that, as of the date of this letter, the Board of Trustees of the Anaheim Union
Hrgh School District has made no determination as to which of iu school facilities might be
available to serve Tract 16329 at the time of the subdivision's completion and occupancy.
If you have any questions, please call me at (714) 999-2188.
Sincerely,
Gordon Getchel
Director
Facilities & Plattning
je
Facilities and Planning
501 Crescent Way • Posc Office Box 3520
Anaheim • California 92803.3520
Tel: 714.999.2188 Fax: 714.520-5741
SUP N0. 200 ~ 0 4 62 7
06-13-2002 15:41 FROM-SAVANNA SCH~nI DISTRICT
714-621-5073 T-663 P.002/002 F-4T6
ATTACHMENT - ITEM N0.3
CITY OF ANAHEIM. CALIFORNIA
Planning Department
NOTIFICATION OF PROPOSED I2E5IDENTIAL DEVELOPMENT
Date: September 13, 2002
An application has been submitted to the City of Anaheim Planning Department to construct a
yL_-unit resideniial project at:
_3302 West Ball Aoad ^ Apartment Project
(Number) (Street)
X^ Condominium Project (Detached)
Anaheim CA 92804
(City) (Zip Code) ^ Single-family residential
The aforementioned projectfs scheduled to be reviewed at the 11-04-02 Planning
Commission hearing. Approval/denial or continuance of the development will be determined at the
public hearing.
Please attach any comments you may have concerning the proposed development and sign this form
so that the Planning Department is assured that the School District has been properly notified of this
project. If you have any questions that cannot be addressed by the applicant, please feel free to
contact our offtce at (714) 765-5139,
\ ~/~~ C
{Authorized District Representative)
~rd~//Q A~il/~ SGad J 15i.
(school District)
~I ~ D }
ate
City of Anaheim Planning Department
200 South Anaheim Boulevard
P.O. Box 3322
Anaheim, CA 92803
Phone (714) 765-5139 FAX (714) 765-5280
dcdmninF/~':~oaldeihr
ruo nln ~nm _ n t~ ~ ~ 7
ATTACHMENT - ITEM NQ. 3
MEMORANDUM
CITY OF ANAHEIM
DATE: November 13, 2002
TO: Charity Wagner, Assistant Planner
FROM: Andy Nogal, Project Manager
SUBJECT: Proposed 21 Unit Single-Family Detached Condominium Project
At your request, we have reviewed the proposed 21-unit single-family detached
condominium project for the property located at 3302 W. Ball Road. The review of the
plans was conducted by both Community Development staff and the Agency's
architectural consultant, Steven W. Wraight, AIA. The design review recommendations
from Steven Wraight are attached for your review. We find Mr. Wraight's comments to
be appropriate and recommend that the Planning Commission consider the
implementation of both Mr. Wraight's comments and the Community Development
Department's comments in the final project design. The Community Development
Department's comments are as follows:.
Site Design
• To the extent possible the Olson Company (the "Developer') shall explore providing
two separate access points from Ball Road to the site with each access road
terminating with a cul-de-lac in order to eliminate the flag lots....
Elevations
Plan 1 - "A" Elevation
Front Elevation:
® Provide additional architectural treatment to include the following:
1. Install raised stucco wainscot with stucco trim cap along portions of the front
elevation and return along portions of the right and left side elevations..
2. Provide decorative pre-cast concrete ar stucco head moldings over certain
windows and at front porch arched entry..
3. All front windows shall be inset.
4. Provide a decorative sectional roll-up garage door with windows.....
5. Provide decorative light fixtures and main entry and adjacent to garage door.
6. Roof the shall be two-piece mission barrel
'1
Charity Wagner -
3302 W. Ball Road
November 13, 2002
Page 2
1
® Right Side Elevation:
1. Provide raised stucco wainscot with stucco trim cap along a portion of the
side elevation up to the garage ehtry door.
2. Provide a horizohtal stucco band-mid-part of the side elevation to break-up
the mass of the building.
3. Incorporate a raised stucco wainscot with stucco trim cap at entry area.
® Left Side Elevation:
1. Incorporate a raised stucco wainscot with stucco trim cap along a portion of
the side elevation.
2. Provide a horizontal stucco band along a portion of the side elevation.
3. Install decorative stucco window sills.
Plan 1 - "B" Elevation
1. Install a horizontal stucco band along a portion of the fronf elevationand
return the full length of the right side elevation.
2. All windows shall be inset and include a decorative stucco sill
3. Install decorative light fixtures at main entry and adjacent to garage door.
4. Garage door shall be decorative section roll-up with windows.
® Right Side Elevation:
1. Incorporate .raised stucco wainscot with stucco trim cap along a portion of the
.side elevation.
2. Install a horizontal stucco band .along the full length of the side elevation.
3. All windows shall include a decorative stucco sill.
4. Install a raised stucco wainscot with stucco trim cap along entry area..
® Left Side Elevation:
1. Incorporate a raised stucco wainscot with stucco trim cap along a portion of
the side elevation up to the chimney.
2. Install a horizontal stucco band along a portion of the side elevation.
3. All windows shall include a decorative stucco sill
Plan 2 (3) - "Spanish Colonial" Elevation
Front Elevation:
1. Install raised stucco wainscot with stucco trim cap along portions of the front
elevation and return along portions of the right and left side elevations.
F.~DOCSV.OMMN1EhIO5W N'_I I I'_b.000
-. _
1
Charity Wagner
3302 W. Ball Road
November 13, 2002
Page 3
2. Install raised stucco column base.
3. Provide decorative pre-cast concrete or smooth stucco trim around arches.
4. Install apre-cast concrete or smooth stucco head molding over secord floor
windows: All windows shall be inset.
5. All window shall incorporate a stucco sill. The second floor center window
shall incorporate a decorative wrought-iron railing.
6: Provides decorative sectional roll-up garage doorwith windows.
7. Provide decorative light fixtures at main entry and adjacent to garage door.
8. Roof the shall be two-piece mission barrel
® Right Side Elevation:
1. Incorporate a'raised stucco wainscot with stucco trim cap along a portion of
the side elevation up to the garage pedestrian door:
2. Install a horizontal stucco band along the full length of the side elevation.
3. AlFwindows shall include a decorative stucco sill
4. Install a raised stucco wainscot with stucco trim cap along entry area.
® Left Side Elevation:
1. Incorporate raised stucco wainscot with stucco trim cap along a portion of the
side elevation up to the second window.
2. Install a horizontal stucco band .along a portion of the side elevation.
3. All windows shall include a decorative stucco sill
Plan 2 (3) - "Craftsman" Elevation
Front Elevation:
1. Install a raised river rock wainscot with stucco trim cap along portions of the
front elevation and return along portions of the right and left side elevations.
2. Install raised river rock column base.
3. Install decorative knee braces under porch gable end and at second floor
gable end.
4. Provide a decorative sectional roll-up garage door with windows.
5. Provide decorative light fixtures at main entry and adjacent to garage door.
6. Install horizontal ship lap wood siding along front and full length of right and
left side eleuations.
7. Install river rock at chimney.
8. Roof rafter tails shall be exposed with no fascia. The rafter tails shall be
decorative in the Craftsman style of design.
FADOC$\Aph1IMMEMpS\AN21 I 1?bDOC
_,
Charity Wagner -
3302 W. Ball Road
November 13, 2002
Page 4
® Right Side Elevation:
1. Incorporate a raised river rock wainscot with stucco trim cap along a portion
of the side elevation up to the garage pedestrian door.
2. Install horizontal ship-lap wood siding" along the full length of the top fldor
elevation. Vertical wood siding shall be installed under the gable end to
match front elevation.
3. Install a raised river rock wainscot with stucco trim cap along entry area.
® Left Side Elevation:
1. Incorporate a raised river rock wainscot with stucco trim cap along a portion
of the side elevation up to the second window.
2. Install horizontal ship lap wood siding along the full length of the top floor
elevation. Vertical wood siding shall be installed under the gable end to match
front elevation...
Please find attached a copy of the written comments on the plans as provided by the
Community Development .Department. If possible, I would recommend that we conduct
a meeting between the Developer, Planning and Community Development staff to walk
through ail of our site design and architectural issues_
Should you have any questions, please call me at extension 4568...
Attachments
F.IDOC5IADMINUIEMOSNN? I I I ib.DOC
~,^ PETITIONER'S STATEMEATT OF~TTACHt1ENT - I TEt1 NO
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAVER OF CODE SECTION:
PERTAINING TO: ivlinimum
to street
cFCTION 4
(A separate statement is required for each Code waiver)
Sections 18.03.040.030 and 15.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That [here are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? g Yes _ No.
If your answer is "Yes;' describe the special circumstances: See Attached
Are the special circumstances that apply to the property different from other properties in the vicinity which aze in thz
same zone as your property? .~ Yes _ No
If your answer is "yes," describe how the property is different: Sae Attached
3. Do the special circumstances applicable ro the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? TYes X No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of [he property owner (or previous property
owners)? _ Yes X No
EXPLALN
The sole purpose of any variance or -ode waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the ect of granting a special privilege not shazed by other property in the same vicinity and zon
which is not otherwise expre y authorized by zone regulations governing subject property. Use variances aze not permitted.
~ d 9x17 ~a''"
Signature of Property Owner or A thorize gent Date
~*'~ C'°
CONDITIONAL USE PERMITNARIANCE NO.
DECEht6ER 12, 2000
SUP fi10. 200't - 0 4 6 2 7
~;
_,
17.08.036
1. Rather than a high density "big building" condominium project., The Olson Company is attempting
to build a project that resembles asingle-family project that will blend in with the single family
development to the west and south of the project. The width of the subject property allows the
opportunity to emulate the adjacent single family neighborhood. The configuration of the property
requires that the project not have sidewalk on the north side of "A" Street along the south leg.
However, no houses front the street at this location. This would allow the houses along the south
property line to enjoy a backyard with a depth of about 13'.
2. The subject property is wider than the adjacent project along the east property line (which has
two large buildings over 200' long) oriented in a north-south direction. The wider configuration of
the subject property allows the opportunity to develop a project that blends in better with the
existing single-family houses to the south and west of the subject property. The detached
condominium project proposed for the site is being pursued to satisfy current market demand for
four (4) bedroom detached products.
nnn .~.. --- -
S~CTION 4
:=~ .-.. ATTACHMEfJT - ITEM N0.
- PETITIONER'S STATEMENT OF --`l
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKL~IG WAIVER)
REQUEST FOR WAVER OF CODE SECTION: 18.31.084
PERTP.LNING TO: Maximum wall
(A sepcrate statement is required for each Code ~
;ht 3' within front yard setback of Ball Road
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may
wanted by the Zoning Administtator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zortirrg Administrator or Planning Commission [o
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~ Yes _ No.
If your answer is "Yes," describe the special cimutnstances: See Attached
Z. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the;
same zone az your property? X Yes _ No
i
If your answer is "yes," describe how the property is different: See Attached
3. Do the special circumstances applicable [o the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes X No
Lf your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes ~ Nro
EXPLAIN'
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect granting a special privilege not shared by other property in the same vicinity and zor9.
which is not otherwise~expr`e^ssl'y au rized by zone regulations governing subject property. Use variances are not permitted.'
Signature of Property Owner or utho~nze~~gen~t ate
CONDITIONAL USE EERMITNARIANCE NO.
DECEh1BER 12, 2000 "
AIIn Pln .,.
r
18.31.084
In developing the property as a detached condominium project, the Olson Company is providing
backyards for the homeowners. The shallow depth of the site requires an encroachment into the
setback along Ball Road. In lieu of 20', The Olson Company is proposing a 7' setback from
ultimate street right-of-way to the proposed 6' wall. The 6' block wall would provide privacy to the
4 houses siding onto Ball Road. Each house would have a 5' sideyard along Ball Road. The 6'
wall would be similar in height to the existing wall located along the Ball Road right-of-way in the
single-family neighborhood west of this site. However, our situation will have a 5' landscaping
buffer in front of the proposed wall, while the existing wall has none. This waiver would allow the
houses along the south property line to enjoy a backyard with a depth of approximately 13'.
2. The opportunity exists on this piece of property to develop a project that will appear to be a single
family detached project. The property to the east of the subject site is more narrow and is
developed as a multifamily condominium project with two buildings over 200' long located in the
site. The subject property is wider and provides an opportunity to develop an on-site circulation
system and detached housing that will blend in with the adjacent single-family residences to the
west and south.
SUP N0. 2002 ° 0 4 6 2 7
ATTACHMENT - ITEM N0. 3
SECTION 4
i ^,1
PETITIONER'S STATEMENT OF
IUSTIFICATION FOR VARIANCE/CODE WANER
(NOT REQUIRED FOR PARKING WANER)
REQUEST FOR WANER OF CODE SECTION: 18.31.062.012
(A separate statement is required for each Code waiver)
PERTAIIQING TO: Maximum structural height within 150' of a S.F. residential zone boundary
Sections 18.03.00.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Adminisrator or Planning Cormission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision., please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? X Yes _ No.
If your answer is "Yes," describe the special circumstances: See Attached
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your properly? % Yes _ No
If your answer is "yes," describe how the property is different: See Attached
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes gNo
If your answer if "yes," describe the special circumstances:
4. Were [he special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes R No
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the a ect of granting a special privilege not shared by other property in the same vicinity and zone
which is not otherwise express authorized by zone regulations governing subject property. Use variances aze not pertrtitted.
~. Crs, 09117 ~o Y
Signature of Property Owne r Authorized nt Date
~- C~~'-~- C,a .
CONDITIONAL USE PERMITNARIANCE NO.
DECEMBER l2, 2000
SUP N0. 2na~ - n u ~ ~ ~
18.31.062.012
Rather than a high density "big building" condominium project, The Olson Company is attempting
to build a project that resembles asingle-family project that will blend in with the single family
development to the west and south of the project. The width of the subject property allows the
opportunity to emulate the adjacent single family neighborhood. The configuration of the property
requires chat the proposed two story houses encroach within the 50 foot zone called out in this
section.
2. The subject property is wider than the adjacent project along the east property line (which has
two large buildings over 200' long) oriented in a north-south direction. The wider configuration of
the subject property allows the opportunity to develop a project that blends in better with the
existing single-family houses to the south and west of the subject property. The detached
condominium project proposed for the site is being pursued to satisfy current market demand for
four (4) bedroom detached products.
f`Ilp Aln onn~ n ~. i -, ~
ATTACHMENT - ITEM N0. 3 tt: tloN4
~ _
PETITIONER'S STATEMENT Of 1
]USTffICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKhvG WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: 18.31 .063.07 1
(A separate statement is required for each Code waiver)
PERTANIi1G TO: Minimum structural setback abutt;_DQ an arter;al highway
Sections 18.03.040.030 and 1 fi.12.060 of the Anaheim Municipal Code require [hat before any variance or Code waiver may be II
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zorting classification in the vicinity; .and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such spacial circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive a[ a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size., shape, topography, location or
surroundings? ,g Yes _ No.
If your answer is "Yes;' describe the special circumstances: See Attached
Z. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? ~ Yes _ No
h
If your answer is "yes; 'describe how the property is different: See Attached
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the sarrte zone? _Yes No
If your answer if "yes," describe the special circumstances: '
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _Yes _ IQo
EXPLAI~i'
The sole purpose of any variance or de waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the e ct of granting a special privilege not shazed by other property in the same vicinity and zpr
which is not otherwise express authorized by zone regulations governing subject property. Use variances aze not permitted.
Signature of Property Owne; or Auth~orioz d Ascent Date
(~-Ct.c ~ CONDITIONAL USE PERMTTNARIAi~ICE NO.
DECEMBER 12, 2000
SUP ~n_ ~~m e n ~. ~ ~ ~
18.31.063.011
In developing the property as a detached condominium project, the Olson Company is providing
backyards for the homeowners. The shallow depth of the site requires an encroachment into the
setback along Ball Road. In lieu of 20', The Olson Company is proposing a 7' setback from
ultimate street right-of-way to the proposed 6' wall. -This would serve as a transition from the
single family project on the west that currently has no setback from right-of-way to their fence and
the multifamily project on the west which has a setback from street right-of-way to building face of
about 18'. This waiver would allow the houses along the south property line to enjoy a backyard
with a depth of approximately 13'.
2. The opportunity exists on this piece of property to develop a project that will appear to be a single
family detached project. The property to the east of the subject site is more narrow and is
developed as a multifamily condominium project with two buildings over 200' long located in the
site. The subject property is wider and provides an opportunity to develop an on-site circulation
system and detached housing that will blend in with the adjacent single family residences to the
west and south.
SUP N0. 2002 - o ~+ 6 ~ ~
ATTACHMENT - ITEM N0. 3
- "t `~i
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAVER)
REQUEST FOR WAVER OF CODE SECTION:
PERTAINING TO:
Setback of
SECTION 4
(A separate statement is required for each Code waiver)
abuttine a sinele family reaiAenr;al.aavalnnm
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the Zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
.arrive at a decision, please answer each of the following questions regazding the properly for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? X Yes _ No.
If your answer is "Yes," describe the special circumstances: See Attached
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the
same zone as your property? X Yes _ No
If your answer is "yes," describe how the property is different: See Attached
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes X No
If your answer if "yes," describe the special circumstances:
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _Yes X No
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be ';
approved which would hay the effect of granting a special privilege not shazed by other property in the same vicinity and zone
which is not otherwise ^pre-ss~lypa~utho(~rQized by zone regulations governing subject property. Use variances aze not permitted.
~Y~" T5 ~' ` -~. 09(17 (Oi '.
Signature of Property O ~~or~Aut~oorized Agent Date
DECEMBER 12, 2000
CONDITIONAL USE PERMITNARIANCE NO:
i:IIP AID ynn? o n 4 ~ ~ 7
~,1 ~ ~
18.31.063.024
1. Rather than a high density "big building" condominium project, The Olson Company is attempting
to build a project that resembles a single-family project that will blend in with the single family
development to the west and south of the project. The width of the subject property allows the
opportunity to emulate the adjacent single family neighborhood. The configuration of the property
requires that the proposed two story houses encroach within the 50 foot zone called out in this
section.
2. The subject property is wider than the adjacent project along the east property line (which has
two large buildings over 200' long) oriented in a north-south direction. The wider configuration of
the subject property allows the opportunity to develop a project that blends in better with the
existing single-family houses to the south and west of the subject property. The detached
condominium project proposed for the site is being pursued io satisfy current market demand for
four (4) bedroom detached products.
ATTACHMENT - ITEM N0. 3
SECTION 4
~-`) PETITIONER'S STATEMEIQT OF~`~
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: 18.31.063.021 and 18.31.063.022 and 18.31.065.010
((A separate statement is required for each Code waiver)
PERTAINING TO: Iiinimum setback between buziding walls
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Plannine Commission, the following shall be shown:
That there aze special circurstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; armed
2. That' because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? X Yes _No.
If your answer is "Yes," describe the special circumstances: See Attached
2. Are the special circumstances that apply to the property different from other properties in the vicinity which aze in the',
same zone as your property? g Yes _ No
3
If your answer is "yes," describe how the property is different: See Attached
Do the special circumstances applicable to the progeny deprive it of privileges currently enjoyed by neighborin?
properties located within the same Zone? _Y"es gNo
If your answer if "yes," describe the special circumstances;
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes ~ No
EXPLAII~T
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have effect of granting a special privilege not shazed by other property in the same vicinity and zon
which is not otherwise expr sly authorized by zone regulations governing subject property. Use variances aze not permitted.
~'~` ~~ os(az~~
Signature of Property Owner A~u~o-~ d~ Date
CONDITIONAL USE PPRMIT/VARL4NCE NO.
DECEidBER t2, 2000
-,
"',
18.31.063:021
1. Rather than a high density "big building" condominium project, The Olson Company is attempting
to build a project that resembles asingle-family project that will blend in with the single family
development to the west and south of the project. The width of the subject property allows the
opportunity to emulate the adjacent single family neighborhood. The configuration of the property
requires that the proposed two story houses encroach within the 50 foot zone called out in this
section.
2. The subject property is wider than the adjacent project along the east property line (which has
two large buildings over 2D0' long) oriented in a north-south direction. The wider configuration of
the subject property allows the opportunity to develop a project that blends in better with the
existing single-family houses to the south and west of the subject property. The detached
condominium project proposed for the site is being pursued to satisfy current market demand for
four (4) bedroom detached products.
ITEM ND. 4
%\ ~
P`BERTPSt ~ /....
FS 5000 f .....
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YO ~ ~
N N G GO N1
~~ Y
~ n RS-5p00 Y
~'" o ?
C~ NQ N ~ A
GN-~ T q G C S\ \ \\
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I
Reclassification No. 2002-00064 Subject Property
Conditional Use Permit No. 2002-04614 Date: December 2, 2002
Scale: 1" = 200'
Requested By: INC AN-LO Q.S. No. 63
RECLASSIFICATION N0.2002-00084 -REQUEST RECLASSIFICATION OF THE PROPERTY FROM THE RS-5000
(RESIDENTIAL, SINGLE-FAMILY) AND CG (COMMERCIAL, GENERAL) ZONES TO THE CL (COMMERCIAL, LIMITED)
ZONE, OR A LESS INTENSE ZONE.
CONDITIONAL USE PERMIT NO. 2002-04614-TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING
CODE LAND USE REQUIREMENTS AND TO EXPAND AN EXISTING LEGAL NON-CONFORMING RETAIL CENTER
AND TO PERMIT ON-PREMISES SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH
A PROPOSED RESTAURANT
WITH WAIVERS OF: (A) MAXIMUM STRUCTURAL HEIGHT WITHIN 150 FEETOF RESIDENTIALLY ZONED PROPERTY
(B) MINIMUM STRUCTURAL AND LANDSCAPED SETBACK ABUTTING ARTERIAL HIGHWAY
(C) MINIMUM STRUCTURAL AND LANDSCAPED SETBACK ABUTTING A LOCAL STREET
(D) MINIMUM STRUCTURAL AND LANDSCAPED SETBACK ABUTTING A RESIDENTIAL ZONE BOUNDARY
400424 North Anaheim Boulevard and 407-417 North Claudina Street 482
Staff Report to the
Planning. Commission
:`January 13; 2003
Item No. 4'i
4a. ? CEQA NEGATIVE DECLARATION (Motion for continuance)
4b. :?RECLASSIFICATION N0 2002-00064
4c. WAIVER OF CODE REQUIREMENTS
4d. `CONDITIONAL USE PERMIT NO.2002-04614
'SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped; 1.32-acreproperty is located at the northeast corner of Anaheim
Boulevard and AdeleStreet, having frontages of 159 feet on the north side Adele Street, 361
feet on the east side of Anaheim Boulevard,'119 feefoh the south side of,Sycarnore Street,
and 108 feet'on the west side of Claudina Street (400-424 North Anaheim Boulevard and
'411-417 North Claudina Street). ,
REQUEST:
{2) Tfte petitioner requests approval of the following underauthority of Code Sections
.18:44.050:010, and 18:44.050.135:
Reclassification No 2002-00084 - to reclassify this property from the RS=5000
(Residential„Single-Family) and the CG (Commercial, General) zones, to the CL
(Commercial, Limited) zone or a less Intense zone.
Conditions) Use Permit Nn. 2002-04614 - to establish land use conformity with existing
zoning code land use requirements and to expandan existing egal non-conforming retail
'center and to permifon-premises sale and consumption of alcoholic beverages in , ""
conjunction with a proposed restaurant with waivers: of the following:
(a) SECTION N0. 1$.44.062.011 `Maximum structural fieicht within 150 feef of a
Residentialiv-zoned orooertvJ 3( 2-46 feet
required;b=40 feet existing and-proposed)
(b) SECTION N0. 18.44.063.010 Minimum structural and landscaped setback
abuttino ah arterial hiphway (10 feet required; 0-
7 feet existing and proposed) ,
'(c) SECTION NQ. 18.44.063.020 Minimum structural and landscaped setback
'abuttind a local street. (5 feet required; 0=3 feet
existing andpropossd)
(d) SECTION NO. 18.44.063.040 Minimum structural and landscaped setback
abuttind'a'residentiaf zone boundary: 10 feet
i'required; 0 feetexisting and proposed)
BACKGROUND:
(3) The subjecf property consists of six legal lots and is currently developed with a 4,250'square
foot private fraternal ftsli (Sons'of Italy) a partially demolished legal non-conforming detail
center and parking. The properties are zoned CG (Commercial; General) and RS-5000
(Residential', Single-Family). The Anaheim Genera(Plan Land Use Element Map
designates the properties for Geheral Commercial and Low-Medium Density Residential
land uses. '
sraaeet2ilr
Page 1
Staff Report to the
Planning Commission
January 13, 2003
Item' No. 4
(4) At the`request of the petitioner, this proposal was continued from the December 2, 2002,
Planning Commission meeting to allow more time to redesign the project to address
concerns expressed by City staff and by memtiers of the community,::. The petitioner, William
Taormina, has submitted the attached letter, dated December 27, 2002, requesting a
continuance td the January 27,2003; Planning Commission meeting to allow more time to
work out the final design of the proposal.
RECOMMENDATION:
(5)' That the Commission, by motion, continue this item to the January 27, 2003, meeting.
)
1
,
Page 2
ATTACHMENT:-~--~ TEM N0. 4
(
1~'g~l'~J[®
Date: 12/27/2002
To: City of Anaheim
200 S. Anaheim Blvd.
Anaheim, CA 92805
Attention: John Ramirez
Planning Department
RE: 400-424 N. Anaheim Blvd.
REQUEST FOR EXTENSION OF TIME
Dear John,
i
,~
With regazd to my upconvng Planning Commission agenda item scheduled for the
meeting of January 13th, 2003, I would like to request a continuance to the next meeting.
I need more time on the re-design of the project as I am working toward making this
block a part of a lazger development for the surrounding area. Currently, my redesign
includes both residential and commercial uses for this block and I am working very
closely, with the guidance of the neighborhood stakeholders, to make this project
something that will be a major asset for the area. As a result of the public outreach I am
doing, the design is taking a bit longer than I expected.
Thank you for your cooperation.
Si cerely,
William C. Taormina
Property Owne,L.
714-308-0220 Cell
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ITEH N0. 5
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JUNG AVENUE
® RM-1200 _~
7 DU EACH
® RM-1200 _~
7 DU EACH
CL
CL sasa-ze
54-SS-17 cuP91s
cuP z7a
CUP 1266 V-3247
V-1065 S V-1971 S
V-1542 v-fns 5
NEIGHBOflHOOD
BALL-EUCLID SHOPPING CENTER
SHOPPING CENTER
( CL
CUP 2000-04245 cL s3_sn-ze
I V-576 I 515428 V-3247
V-.324] V-1]21 S
DRIVE-THROUGH RESTAURANT CHIR6
- _ IRESTAURANi~ PRACroR
BALL ROAD
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67-5&23 PARCEL 1
RM-1200 SMALL ~ ~ s4~ss117
57-58-23 OFFlCES CUP 693
APARTMENTS CG SHOPS
612-27
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V-3300
PALM VIEW
APARTMENTS
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1.11CAU CUP 2652
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'FILES OFFICES
RM-1200
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APARTMENTS
Conditional Use Permit No. 2002-04629 (READVERTISED) Subject Property
Date: December 2, 2002
Scale: 1" = 200'
Requested By: DAVID LY Q.S. No. 49
REQUEST TO ESTABLISH LAND USE CONFORMITY WITH EXISTING ZONING CODE LAND USE
REQUIREMENTS FOR AN EXISTING COMMERCIAL CENTER AND LIQUOR STORE AND TO PERMIT
A TELECOMMUNICATIONS ANTENNA WITH ACCESSORY GROUND-MOUNTED EQUIPMENT
WITH WAIVERS OF: (A) MINIMUM NUMBER OF PARKING SPACES
(B) MAXIMUM STRUCTURAL HEIGHT ADJACENT TO A RESIDENTIAL ZONE
Parcel 1: 1201 South Euclid Street and Parcel 2: 1211-1231 South Euclid Street
481(2002-11-13)
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Staff Report to the
Planning Commissiorc
January 13;2003
Item No. 5 r
5a. ' CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
5b.' WAIVER OF CODE REQUIREMENT (Motion)
5c. 'CONDITIONAL USEPERMII'NO.2002=04629 (Resolution)
SITE LOCATIOMAND DESCRIPTION:
'(1) Parcel 1 -This rectangulary-shaped, 0.6-acre property'is locatedat the southwest corner
of Ball Road: and Euclid Streefwith frontages of 205 feet on the"south sidenf Ball Road
and 120 feet on the west side of Euclid Street (1201 -.9209 South Euclid Street).
Parcel 2 -This rectangulary-shaped, 1.6-acre property: has a frontage of 350 feet on the
west side'of Euclid Street, a maximum depth of 205 feet and islocated 170 feet south of
tfie centerline of Ball Road (1211=1231 South Euclid Street).
REQUEST:
(2) The petitioner requests to establish land use conformity with existing zoning code land use
'requirements for an existing commercial center and' liquor store and to permit a
telecommunications antenna with accessory ground-mounted equipment under authority
of Code Section Nos. 18.44.050:030, 18:44.050.193 end 18.44(050.330 with waivers of
the following:
(a) SECTIONS 18.06.050.020 Minimum number of parkino spaces.
?AND 98:44:066 r (DELETED)
(b) SECTION NQ 18.44.062:011 Maximum structural fieioht adjacent to a
residential zone boundary::. 7.5 foot high
'permitted;46.5 foofhigh proposed).
?BACKGROUND:
(3) This item was continued from the December 2, 2002, Planning Commission meeting,in
order to determine whether a parking waiver was required. Staff has determined thaNa
parking waiver is no longer necessary.
(4) This two-parcel property is developed with a commercial retail center. Parcel 1 is zoned
CG (Commercial, General) and parcel 2 is`oned CL (Commercial, Limited). The
Anaheim General Plan Land Use ElemenYMap designates these properties for General
Commercial land uses.
(5) Surrounding land uses are as follows:
Direction Land Use Zoning General Plan
Desi anon
North (across Ball Road) Fast Food Restaurant' ' CL General Commercial
Northeast (across'.
Ball Road Restaurant CL General Commercial
East (across Euclid Commercial Businesses 8 CC 8 RM-1200. Medium Density
Street artments .'Residential
South 'P MedldatOffices CL Generai'Commercial >
West Medical Office CL & RS-7200' Gene~ai Commercial
Sin le Famii Residential Low,Densi Residential
sr8522vn.doc
Page 1
Staff Report to the
Planning Commission
January 13,'2003
Item No. 5
PROPOSAL
(6) The petitioner proposes to establisR land use conformity fora 2-parcel commercial retail'
center. Parcel'1 of this commercial center was constructed in 1959;.: and parcel,2 was
constructed in 1958, prior to the code provision; requiring'acondltional use permit for
commercial retail centers:: This proposal also includes a request for land use conformity:,
for a,liquor store established in 1975 and to permit a telecommunications facility including
ground-mounted accessory equipment.
(7)j The petitioner proposes to construcfa 46'/ -foot high faun clock tower telecommunications
facility consisting of three; (3) sectors with five,(5) panel antennas on'each sector for a total
of 15'antennas'contained within the`clock tower. The panel antennas would be 4' high by
6" wide and 2'/z" deep. This request'also includes ground-mounted accessory equipment
enclosed within the towed:
(8),` The site plan (Exhibit No. 1) and equipment layout plan (Exhibit No.2) indicate the
proposed clock ower would be located adjacent to the west (rear) elevation of the building
on parcel 1. The clock tower would be setback 15 feet from the single-family
neighborhood to the west.. The site'plan further indicates a 250 square foot equipment
room located within the tiase of the clock tower containing four (4) rack mounted base
transceiver stations (BTS) stacgked at a maximum height of 6' by 2'6"deep and 2'6" wider
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North view of landscape planter adjacent to Euclid Avenue.
(9)` The site plan indicates a 4-foot wide andscape planter along the frontage of Euclid
Avenue. No landscaping is providetl adjacent to Bail Road with the`exceptioh`of a
landscape planter area on the comer of Ball Road and Euclid Avenue that also contains a
freestanding sign. No new landscaping is proposed with this request. Current Code
requires a 10-foot wide landscape setback adjacent to Euclid Avenue and Ball Road.
Structural setbacks areas indicated'jn the following charP.
Page 2
Staff Report to the
Planning'Commission
January 13;:2003
Item No. 5
PARCEL 1 YCL Zooe) -
Direetion 'Existing Building Setbacks CodeU3equired Building i!
4 Setbacks`
North (adjacent to 61' feet `]0-foot fully landscaped
Ball Road)
!East(adjacentto 85-lOSfeet - >10-foot landscaped
i Euclid Avenue)
!.South i 0 feet 0 feet
Southwest (ndjacent O feet `:10-foot fully landscaped
i to residentialzone)
West (adjacent to CL O.feet ' 0 feet
zone)
PARCEL 2 (CG Zone) .
Direction <Existiog;Building Setbacks Code Required':Building
Setbacks
North 30+feet -0feek
East (adjacent to ..100 feet 0 feet
Euclid Avenue
South (adjacent to 25 feet 0 feet
CL zone
-:West (adjacent to 35 feet O feet
residential zone)
Parcell Area Minimum Numberr
Use (Business & Address) (Square Feet): Code-Required Parking ' of Spaces
Ration: Re wired
Video'Store
1201 S, Euclid Avenue c5,440 5.5 er 1,Ot)O s.f. t 29.9
Century 21Realtors
1203-1207 S. Euclid Avenue!: 5,846 4.0 er 1,000 s.f. ` 23.3
Barber Shop
1209 S. Euclid Avenue 934 5.5 er 1,000 s.f. 51
ParceP2
U'se' Business & Address
Liquor Store 2,800 5.5 per 1,000 s.f. 15.4
1217 S. Euclid Avenue
Music'Store
1221 S' Euclid Avenue :1,400 5.5 er 1,000 s.f. 7.7
Dry Cleaners
1223 S! Euclid Avenue i 1,400 5.5 er 1,000 s.f. 7.7
Restaurant
1225 S. Euclid Avenue :.1,400 S er 1,000`s.f. 'I 11.2
Hair: Salon
1227 S: Euclid Avenue 1,400 5.5 er 1,000 s.f. ; 7.7
PefStore
1229 S Euclid Avenue :'1,400 5.5 er 1,000 s.f. 7.7
Vacant.
1231 S: Euclid Avenue 1,400 5.5 er 1,000 s.f. 7.7
Clothing Store
1233 S'. Euclid Avenue :1,400 5.5 er 1,000 s.f. 7.7
Dominoes Pizza (take-out)
1235 S' Euclid Avenue .:.1,400 5.5 er 1,000 s.f. 7.7
TOTAL ?:139
(t,i) The elevation plans for parcel 2 (Exhibit Nos.3 and 4) and photographic sim
(Exhibit No. 5) indicate a`one-story`commercial building's 14'8" in height wilt
stucco finish and glass storefronts.=The commercial building on parcel 1 has
height of 18 feet with the`same architectural features. Elevations further intl
proposed 13'x13' wide clock tower is a maximum height of 46!/~ feet. The prc
antennas are concealed'within the tower at a maximum height of 42 feet. TY
plan also indicates the roof of the building on'parcel 1 would be modified witF
seam roof to match the proposed faux clock tower. The'clock tower is propc
constructed with wood laminate support posts'and white stucco texture fiber
behind the clock feature and at the.: top of the tower to match the texture oftFi
buildings. The equipment enclosure is proposed to be constructed`of CMU t
to match the adjacent buildings.
(i2) A landscape plan was not submitted with this request, However, a'site inspe
revealed a 4-foot wide landscape planter along Euclid Street, no landscaping
Road, behindthe shopping center abutting the residential neighborhood or w
parking lot. Code currently requires one treefior every 20 feet of street fronts
a 10-foot widelandscape setback along Euclid Street for'parcel 2. i
Page 4
Staff Report to the
Planning, Commission
January 13 2003
Item No. 5
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Freestanding'sign at the southwest corner of Euclid Avenue and Ball Road.'.
(13) No sign plans were submitted as part of this proposal however, photographs indicate'two
existing freestanding signs and multiple tenant wall signs for individual businesses. Parcel
1'has a 25-foot high freestanding sign on the comer df Bail Road and Euclid Avenue'
edvertising'Century 21,`that was erected in 1958. Parcel 2 has a'20-foot high freestanding
'sign on the Euclid Avenue near the north driveway erected in 1959, advertising all the
tenants within the commercial center. Code currently;permits one, 25-foot high, 20 foot-
wide shopping centeridentification sign per treet frontage with a sign area of 250 square
feet per face on Euclitl Street and 205 square feet peg face on Ball Road. '
(14) Photographs indicate that the parcel 2 bu(Iding has sign cabinet areas for each individual
tenant space. Code requires that wall signs shall notexceed 10 percent of the area of the
face of the building to which such sign is attached. These signsappear to'meet current
sign code requirements. The parcel 1 building utilizes sign placards. The size of the
''Barber & Salon" sign'appears to exceed he currenYCode provisions. In addition,
Century 21 i has six (6) individual PCentury 21"wall signs for the combined tenant spaces.
Page 5
i Staff Report to the +
Planning Commission
January 13, 2003
',Item No: 5
'REVISED 01113103
(19) Waiver (a) pertaining to minimum number of parking spaces has been deleted.
(20) `Waiver (ti) pertains to maximum structural height adjacent to a residential zone. Code
':limits the height of any structure to one-half the distance of said structure: to the residential
zone boundary. Because the faux clock tower is setback 15 feet from the west
(residential) property line, a maximum height of only 7_5 feet is permitted In order to
?achieve the requested height;: the faux clock tower would need to be setback 93 feet from
': the west'properry line. The larid uses closest to the'clock tower are single-family homes
and the adjacent commercial uses withiri he center: The mass of the clock tower would
be very prominent and intrusive to the residential neighborhood to the west. The Code
i' provision'pertaining to maximum structural height is intended to prevenEthe intrusion of
commercial uses and structures into resitlentiafneighborhddds. Staff cannot find any
hardship: pertaining to the property that would justify granting this waiver.P Therefore, staff
recommends deriial'of this waiver.
(21) Code Enforcement Division records indicate no pending violations for this location.,`Upon
` a site Inspection staff observed that this center is being maintained adequately however,
`' the landscaping planters are iri a state of decline including dead palm trees and palms
`without foliage. Staff recommends replacement trees be plarited in these areas.
(22) The petitioner proposes to modify the roof design of the building on parcel 1 by
incorporating a red metal seam roof similar to the clock tower'roof. However, this
treatment: is only proposed for: one building, which will not help to unify the overall
aesthetics of the commercial'center. Should the Commission'wish to approve this
request, staff recommends that the new4oofing beincorporated into the'design of both
buildings>
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Page 7
Staff Report o the
(29) Before the Planning Comr
of fact that the evidence pi
Planning Commission
January 13,2003
Item No. 5
13/03
lentical zoning classification in the`vicinity.
y conditional use permit, it must make a finding
hat. all of the following conditions exist:
Page 8
Staff Report to the
Planning Commissioh
January 13;' 2003
Item No. 5
(a) Thaf the proposed use is properly one for which a conditional use permit is
authorized by he Zoning Code, odthat said use is not listed therein as being a
permitted use;
(b) Thaf the proposed use will not adversely affect the adjoining land uses and the
growth and developmentof the area: in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the
futl`development of the proposed use in a manner not det~imentaf to the particular
areahor to the peace, health, safety! and gerte~al welfare;
(d) Thaf the traffic generated'by the proposed use will not impose an undue burden
upon?the streets and highways designed and improved to carry the traffic in the
area; and
(e) Thaf the granting of the conditional use pennifunder the conditions imposed, if any,
will not be detrimental tc the peace health, safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
(30) Staff recommends that unless additional orcontrary information is received during the
'meeting, and based upon the evidence submitted to the Planning Commission, including
She evidence presented in this staff report, and oral and written evidence presented at the
public hearing that Planning Commission take the following actions:
(a) By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By motion, deny waiver (a) pertaining to minimum number of parking because the
waiver has been deleted.?
(c) By motion, deny waiver (b) pertaining to maximum structural heightadjacent to a
residentiatzone based on the following:
(i) That the height of the structure would adversely affect the adjoining land uses
in that the size and'scale ofthe clock tower wouldlnegatively impact the visual
'aesthetics of the residential neighborhood immediately adjacent to the +
proposedaelecommunicatioh facility.
(d) By resolution, aoorove• in part, Conditional Use Permit No. 2002-04629 (to
establish land: use conformity with'existing Zoning Code land use requirements for
an'ezisting commercial center andliquor store) and dehv the request to permit a
telecommunications antenna and accessory ground-mounted equipment based on
tfie following:
(i) That the proposed faux clock tower telecommunications facility would
adversely affect the adjoining land uses and public right-of-ways in that the
size and scale of the clock tower would be out of context with the existing
single-story commercial center and would adversely affect residential
family residentialaand usesby creating a negative visual.impact in the
vicinity;
..Page 9
Staff Report to the
Planning Commission
January 13,!2003
Item No. 5
«, (ii) That the size and aesthetics of the faux clock towectelecommunications
:facility would overcome and dominate thelocation of the proposed use and
:'would therefore be detrimental to the developmenfand general welfarebf
the area;
(iii) That the proposed faux clack tower telecommunications facility is contrary
to City goals regarding the concealment of such fapilities from public view
by using existing or proposed architectural features`that complement thei
site and surrounding;area.
(iv) That the commerciafretail center and liquor store are permitted uses in the
CL and CG zones subject to approval ofaconditional use permit; and as
conditionetl herein, would nofadversely affect adjoining land uses and
would not be detrimental to the peace, health, safety and general welfare:
'' of the citizens of Anaheim
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE`RECOMMENDED FOR ADOPTIOtJ BY THE
PLANNING'COMMISSION IN TH'E'EVENT THIS PERMIT'IS APPROVED.
Telecommunication Facility Conditions:
1. That the proposed telecommunications facility, consisting of a 46'/, =foot high architectural faux clock
tower, including five (5) sectors and a total of fifteen panel (15) antennas and ground-mounted
equipment within the base of the clock tower shall be permitted for a period of five (5) years to
expire on January 13,.2008.
I 2. That a maximum of fifteen (15) panel type antennas may be located within the proposed clock tower
with the accessory ground-mounted equipment enclosetl in the base of the tower. The total height
of the clock tower shall be limited to 46'/n feet Said information shall be specifically shown on plans
submitted for 6uiiding permits. No additional antennas or equipment cabinets shall be permitted
without the approval of the Planning Commission.
3. That no signs, flags, banners or any other fprm of advertising or identification shall be attached to
~ the'clock tower.
4. That the architectural faux clock tower shall be finished with colors and materials that resemble a
real clock tower and match or complement the existing commercial center. Said information shall>
~ be specifically hown on;plans submitted for building permits and shall be reviewed and approved:
by the Zoningbivision. Upon campietion of the clock tower, an inspection sfiall be conducted by ;
the Zoning Division to determine whether the!colors and'materials used are compatible with the
commercial center and resemble a real clock'tower. Any decision made by he Zoning fivision
regarding the exterior finish of the structure maybe appealed to the Planning;Commission and/or
City'Councii.
I 5. That any lighting of the tower shalt be specifically shownon plans submittedfor building permits.
6. That the ground-mounted equipment shall be located entirely within the designated "leased" area bf
the building and the cable connecting to the equipmenPshail be underground' and shalt not be
visible to the public. Said information shall bespecifically shown on plans submitted for building
permits.
7. That all equipment, including supply cabinets. and power meter shall be installed on private property
antl shall be screened from public view, as approved by the Zoning Division: Said information shall
be specifically shown on plans submitted for tiuilding'permits.
Page'. 10
Staff Report to the
' Planning Commission
January 13; 2003
Item No. 5'
8. That the clocks on the tower shall be operable and maintained in "like-new" condition.
9. That the portion of the property being leased to the communication provider shall be`permanently
maintained in an orderly fashion; by providing regular landscapemaintenance, removal of trash'and
"debris, and removal of graffiti within twenty-four (24) hours from: time of occurrence.
10. That the operator will`ensure that its installation and choice of frequencies'will not interfere with the
1800 MHz radio frequencies required by the. City of Anaheim to, provide adequate spectrum capacity
`for Public Safety and related purposes.
1 L That at all times, other than during the 24-hour cure period provided in Condition No. 13 below,:
:..Operator shall not prevent the City of Anaheim from having adequate spectrum capacity on City's
800 MHz radio frequency.
12. That before activating its facility, Operator will submit to a post-installation test to confirm that the
facility does not interfere with the City of Anaheim'srPublic Safety radio equipment. This test will be
conducted,by the Communications Division of the Orange County Sheriffs Department or a
'Division-approved contractor at the expense of Operator.
13. That the Operator shall provide a 24-hour telephone number to he Zoning Division (to be forwarded
to the Fire and Police`Departments) to which interference problems maybe reported, and shall:
'resolve all interference complaints within 24 hours.
14. That the Operator will; provide a "single point of contact" in its Engineering and Maintenance
bepartments to ensure continuity on all interference issues. The name, telephone number, faz
"number and a-mail address of that person shall be provided to Zoning Division upon: activation of ?
`the facility.
15. That the Operator shall ensure that any ofjits contractors, sub-contractors or agents, or any other
user of the facility, shall comply with the terms and conditions of this permit.
16. That should this telecommunication facility be sold the City of Anaheim Zoning Division shall be
notified within 30 days of the close of escrow.
17. That any required relocation of City electrical facilities to be at developer's expense.:Landscape
and/or hardscape screening of all pad mounted equipment will be required.
18. That a 12-foot clearance from the overhead 12KV power line snail be provided. Provide schematic
"diagram of receptacle generator connections to Electrical Engineering for approval prior to issuance
of building permits.
Commercial Retail Center Conditions:
19. That all public telephones (existing or proposed) shall only be located inside the buildings.
20.'That roof mounted balloons or other inflated devices shall not be permitted on the property.
21. That no vending machines shall be located on the property which are visitile from the public right-of-
iway.
22. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
r material. _The numbers shall not be visible from the street oradjacent properties. Said information
i°shall be specifically shown on plans submitted for Police Department, Community Service Division
approval.:'
Page 11
Staff Report to the
Planning Commission
January 13, 2003
Item No. 5
23. That any existing or proposed roof-mounted equipment shall be sutiject to the requirements of
Anaheim Municipal Code Section 18.44.030x120 pertaining to the CL Zone. Said information shall
be specifically shown on the plans submitted. for Zoning and Building Division approval''
24. That no required parking area shalt be fenced'or otherwise enclosed for outdoor storage use.
25. Tha¢ a minimum of 144 striped parking spaces shall be provided on site.
' 26. That any tree or other landscaping planted on-site shall tie replaced in a timely manner in the event
that it is removed, damaged, diseased and/or tlead.
27. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape mahtenance,'removal of trash ofdebris, and"removal of graffiti within twenty-four (24) i
hours from time of occurrence.
28. That the owner shall be responsible for maintaining the premises free of litter"at ail times.
29. That the number of tenant spaces for parcel one (1) shall be limited to five (5) and parcel two (2) ;
shall be limited to nine (9) as indicated on the'exhibits submitted by the petitioner.
' 30. That the legal property owner shall submit an application to the Zoning Division requesting
reclassification ofparcel 1 to the CL Zone.
31. That signage for the property shall tie limited to all legal existing signage as of the date of this
resolution. Any additional signage shall be subject to Planning Commission approval as a Reports
and Recommendation item.
32. That trash storage areasshall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division and in accordance with approved plans on file+
' with'said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from atljacent streets or highways. The walls of the storage areas shall be
r protected from(graffiti opportunities by the use of plant materials such as minimum 1-gallon size
I clinging vines planted on!maximum 3-foot centers or tallshrubbery: Said Information snail be
specifically shown on the plans submitted for Zoning Division and Public Works Department, Streets
and Sanitationbivisionapproval.
i
i 33. That an on-site trash truck tum-around area shall be provided per Engineering Standard Detail No:
610 and maintained to the satisfaction of the Public Works Department,: Streets and Sanitation +
Division. Said'tum-around area sfiall be specifically shown on plans submitted for building permits.
r
Liquor Store Conditions:
34. That sales of alcoholic beverages shall be permitted only between the hours of 6 a.m. and 2 a.m.
35. That no alcoholic beverages sold from this establishment shall be consumed on the property.
r '< 36. That the parking lot serving the premises shall be equipped with lighting of sufficient power to
illuminate and make easily discernible the appearance and conduct of all persons on or about the
parking lot, Said lighting hall be directed, positioned and shielded in such a'manner so as not to '
unreasonably illuminate'the windows of nearby residences. Said nformation'shall be specifically
shown on plans submitted for Police Department, Community Service Division approval:
37. That there shall be no amusement devices or games maintained upon the premises at any time
without issuance of proper permits`as required by the Anaheim Municipal Code.
38. That there shall be no public telephones on the premises located outside the building.
Page 12
Staff Report to the
Planning' Commission
January 13;`2003
Item No. 5
39: That the subject property shall be developed substantially in accordance with the plans and
!specifications submitted to the City of Anaheim by the petitioner and which plans are on file with the
Planning Department marked Exhibit Nos: 1 through 6, and as conditioned herein.
40. That prior to issuanceof a building permit, br within a period of one (1) year from the'date of this
~esolution,'whichever occurs first, Condition Nos. 2, 4, 5, 6, 7; 12, 13, 14,:18, 19; 21' P2, 23 30; 32
:and 36 above-mentioned, shall>be compiietl with. Extensions for further time to complete said
conditions may be granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
41. That prior to final building and zoning inspections, Condition No: 39 above-mentioned, shall be
complied with.
42. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Code and any other applicable city; State and Federal i
regulations: ApprovaC does not include any action or findingsas to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
1
Page 13
Attachment - Item Ido. 5 N0, 8180 P•
JAN. 9. 2003°~ 2:20PMf0a° SITE ACQ-80UTH r-ase '~p.oovoui
PETftIOPtER'S STATEMENT OF I
NSTIFICATION FOR'VAItdANCE/CODEWRIVER
(NOT REQUIRED FORPARKING WAIVER)
REQUEST FOR WAP/ER OF CODE SECTION: ,,(( sepata statemeat i required for each CSde waive
PERTAINING TO: I~Oj S ~Gt'-~ J~f2t°~, x}ytc~~.1~2;~.
2 4 e ;
F411 ~ ® ,
SECTION d
~ I
Sections 18.03.040.030 and 18.12,060 of the Anaheim Municipal Code requ've that before any variance Pr Code waiver maybe
granted by fire Zoning Administrator or Plantting Cotmission, the following shall be shown:
1. That there ate special cirewnstanecs applicable to the property, including site, shape, lopograph~, location or
surroundings, which do not apply to other propel under identical zoning classification in the vtcirdty; and
2. That, because of such special circuttances, sniot applicerion ofthe zoning code deprives the ptioperty of privileges
enjoyed by other property under identical zoning classificatien in the vicinity.
In order to detetmiae if such special circutrtstances exist, and to assist the Zoning Administrator or Plann;ng Commission to
arrive at a decision, please answer each of the following quesdon9 regarding the property for which a vatjance is sought, fully
and as completely ,as possible. !f you need additional space, you may attach additiond pages.
1. Are there specie cucumatancas drat apply to the property in matters such as siu, stmpe, topography, location or
sucroundi~tgs7 ~, Yes `• No.
"Yes," describe rho special eircumcrances: T4~ :s t. ~ ~ e~~-- ~ t NOP e c~4 ~~ S ~ ° ~'~ ~ o n ~
2. Are the eia! cirvmstances that app]y co the property different from other properties in the viginiry which ere ;n the
sartte zone as yotu pmpetry? ~, Yes _ No
!f your answer is "fires," describe how the pmprity is difi'etenr. ~ni 5 54.b ~t'.r~- 6JrDQCt`~y~ S t~ ~~
~~ -~.~~ ~CCau~d inCOf'~c~„i-air r.. tG•LDtJ~iaw2r ~rraro ~'ha/ bv~tcii
3. Do the special ciretmtstancea applicable 4o the propetry deprive it of privileges cumntly enjoyed 6y neighbcring~
properties located within rbe same zoo? ~j,Yes No
~C
4.
The sole purpose of any variance or Code waiver shall be w prevent disetiminatioa, and no variance or Code waiver shall be
approved which would have the effect of gratrting a special privilege not shared by other property in the sa>jta vieiniry and zone
which is not otherwise exprtssly authorized byTOne regulations governing su j property. Use va~iancescare not permitted.
.~ ~ d3
Signature o£Paaperty Ovmer g Authorized Agent ate
° CONDdTdONAL USE F81tM1TNARIANCE NO.
DECEMBER 12, 2~W0
Were the special circumstances created by causes beyond the control of the property owner (ot pre~,Nious property
owners)? Yes `No
i
ITEM N0. ~
t
ML I
ML COP 2002-0454 4 1
.EIR 212 CUP 2945 I
EIR 274 CUP 2134
EIR 321
CUP 1679
cuP 1642 ._.
~ L
I 1
1
GPA 145 cuP 1567
GPA 214-I EIR 212
EIR 274 ~ I
GPA 361
EIR 271 I \
VAC. IND. EIR 321
\ ~_
BLDG cPA 145
. GPA 214-I ~ _-
GPA 361
ING. FIRMS
/ /
~- /
% ~ -
/ ML
7 99-00-15
Z .'~ (Res. Gf Inl. to SE) -;
I z
g -
I 87 88.14 ~
I e ~i (Res of Intent tG CO)`i ~- ~
~
~ 166-67-93 [`- :,
I x
~ ~ CUP 2002-04620 ~;°i ~
I CUP 3497 ~~~'
x
I
~
~ ML
m x
:
CUP 2946
=
I 99-00-15
ML (70-71 34) °o
I (Res66r67~93 SE)
99-00-15 `~' ' (CUP 616 T) '~ EIR 212
(Res. oGnl. to SE) 1 't EIR 212 1 EIR 274
56-67-93 l :1l EIR 274
~
- EIR 321
EIR 212 I I'
~
EIR 321 I`;
I . GPA 145
EIR 274 _
~
~ GPA 145
r
~
GPA 214-I
EIR 321 ^
` GPA 361
GPA 145 I GPA 214 1 '
ki:
;
"I IND. FIRMS
GPA 214-I ;
I
GPA 361
I
GPA 361 DAG 87-01 .-
j
IND. FIRMS i GENE AUTRY
~
~
I
BUSINESS PARK ' -:
~ .,~;
' i ^•,,:
i®-260' 302'
~ GENE AUTRY WAY
ML ML
99-00.15 99-00-15
(Res. of InL b SE) (Ras. of Int. b SE) EIR 212
66£7-14 90.91-fi EIR 250
56-87-93 (Res. of Int. b CO) EIR 268
EIR 212 66417-14 EIR 274
EIR 274 56.57-93 EIR 321
ML EIR 321 CUP 3673 GPA 145
IND. FIRMS GPA 145
GPA 214+I CUP 2562 GPA 214.1
GPA 361
SMALL IND
FIRMS CUP 2508 GPA 361
CUP 4908 STADIUM BUSINESS PARK
. CUP 1587 SMALL INDUSTRIAL FIRMS
Conditional Use Permit No. 2002-04620 Subject Property
Date: November 4, 2002
Scale: 1" = 200'
Requested By: OSCAR RAMIREZ Q.S. No. 108
REQUEST TO PERMIT A BANQUET HALL FACILITY WITH ON-PREMISES CONSUMPTION,
BUT NOT SALES OF BEER AND WINE WITH WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
1383 East Gene Autry Way a69
Staff Report to the
Planning Commission
January 13;2003
Item No. 6-
6a. ` CEQA CATEGORICAL EXEMPTION-CLASS 1 (Motion)
6b. : WAIVEROF CODE REQUIREMENT (Motion)
60. CONDITIONAL USE PERMIT N0, 2002-04620 (Resolution),.
-SITE LOCATION AND DESCRIPTION: 4
(1) This irregularly-shaped 4.8-acre property has a frontage of 302 feet on the Korth side of
Gene Autry Way, has a maximum depth of 700 feet, and is located 260 feet east of the
centerline of Betmor Lane (13133 East Gene Autry Way).
REQUEST:
(2) The petitioner requests approval of a Conditional Use Permit under authority of Code.
Section 18.61.050.020 to permifa banquet hall facility with on-premises consumption; but
not sales of beer and wine with waiver of the following:
SECTION NO. 18.06:050.0262 Minimum number of oarkino spaces.
251 spaces required; 155'spaces proposed and
recommended by the City TrafFlc and
Transportation Manager.
BACKGROUND:
(3) This item was continued from the December 2, November 78 and November 4, 2002,
Planning Commission meetings in order for the applicant to address building code
issues and submit revised plans.
(4) This property is currently developed with an industrial'complex and is zoned ML (Limited,
Industrial).,This property is also located within the Stadium Area and Sports Entertainment
Overlay boundary andiis designated for Business Office/Mixed Use/Industrial land uses on
the Anaheim GeneralPlan Land'Use Element Map.
(5) Surcounding land uses are as follows:
Direction Land Use ' Zoning General Plan Designation
All Directions :Industrial Firms ML* Business Office/Mixed
Use/Industrial
°All surcouhdingproperties are'under a resolution of intent to'the Sports Entertainment (SE) overlay
zone.
PREVIOUS ZONING ACTIONS:
(6) The following zoning actions pertain to this`property:
(a) Conditional Use Permit No 3497 (to permit anon-industrial training center for
hotel/apartmentmanagementwith waiver of the minimum number of:parking spaces)
was approved by the Planning Commission on March 9, 1992 (1305 East Gene Autry
Way).`
Sr8517ey.doc
Page 1
Staff Report to the
Planning Commission
January 13,.2003
Item No. 6
(b) .Conditional Use Permit No: 2946 (to permit a 1,235;375 square foot commercial/office
complex, including 56,000 square feet ofiaccessory retail uses within 5 buildings
ranging in height from 110 to 223 feet and three multi-level parking structures with
waiver of minimum structural setback) in conjunction with Reclassificatidn No. 87=t38-
14 (to rezone form ML (Limited; Industrial) to CO (Commercials Office ar,d
Professional) or a less intense zone) and Development Agreement No. 87-01, was'.
'approvedby the City,Council on October27, 1987,. following approval by the Planning
"Commission on September 14, 1987 (1284 East Katella and :1301 -1395 East
'Pacifico Avenue).
PROPOSAL:
(7) The petitioner proposes to establish'a 4,750 square foot banquet hall facility, with the
service but notsales of beer and wine for on-premises consumption within an existing
industrial complex. The site plan (Exhibit Not) indicates hat the banquet half facility wih
be located in a currently vacant tenant space in the southwest comer of the complex. The
plamaiso indicates a totatof six (6)ndustriai buildings, parking spaces spreadlhroughdut
the complex and a 40-foot wide private streefalong the westem side of the property.
zti+"
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1 rs.=. ' .& ..:%' , ~ r o-.;rc.,~ . r? - € ' ~ xs a trc~ -~..,a ...~. ~..r.'v?,. . ,*tc
View of the proposed banquet hall facility
I
i (t3) The floor plan (Exhibit No'. 2) indicates a large assembly area, waiting area, two offices and
i separate men's and women's restrooms. The proposed assembly and banquet areas
comprise approximately 3,500 square feet, with restrooms, offices. and waiting' area
occupying the remaining space. The'assembly'area is expected to accommotlate a dance
floor: and banquetldinner tables. No fixed seating plan was proposed or indicated by the
petitioner. No expansion of the building is proposed.
(9) Vehicular access is provided via a driveway on Gene Autry W ay and two driveways from a
private street on the westem side of the property. The site plan indicates a total of 155'on-
Page 2
Staff Report to the
;Planning. Commission
January 13, 2003
Item No. 6``
site parking spaces for the industrial complex. Code requires a minimum of 130 spaces for
tfte banquet facility and 121 spaces for the remainderbf the existing office and industrial
suites fora otal of 251 spaces tiased on the fallowing;
Andress
(All located on
Gene Aut Wa : Use ' Totai Square
! Footage Code-Required
Parking Ratio
" er 1,000 s.f. Parking ?
Required
1301;:':1303, 1305
' Atterhol (Construction
and Interior Desi `n 15;400 1,55 24
1315 Ameridan PostatUnion 3,750 4 15
1321 ;. Newco 3,750 1.55 6
1341 Vacant 4,325 1.55 7
1343 Cutter-Hammer
En ineerin Service 5,925 4 24
1361 Vacant 5,925': 1.55 ' 9
1363 - K-sine 5,925 1.55 9
1381 ,' Talkin's Sports So Cal 4,750' 1.55 7
1383 The Place (assembly
area 4,434 29 128.6
The Place office 316 4 1.3
1391,:1393,.1395 West Bond Inc! Machine
Sho ~! ,12,800 1.55 20
TOTALS 67,300'. 251
(10) No modifications to the existing landscaping are proposed. Thesite plan does not indicate
:any additional landscaping proposed for the parking lot or setback areas.:!
(11) Submitted photographs show asingle-story industrial suite with ho existing signage. Plans
indicate a proposed twenty-eight (28) square foot wall sign on the south building elevation.
-The proposed sign will occupy no more than three percent (3%)(of the south building.
elevation. Code permits wall signs that do'hot exceed: ten percent (10%) of the area of the
'.face of tfte building to which such sign is attached.
(12) The petitioner submitted the attached letter of operation stating Ghat the banquet facility will
be used by reservation only for weddings, birthdays, or such other similar special occasions
!to provide dinner anddancing for attendees. Proposed hours of operation would be
between 5; p.m. and. midnight on Friday through Sunday. Restaurant services would'not be
provided to the general public.?he letter indicates that there would be no sales, only
ervice, ofbeer and wine on site and tha€guests would be limited to a maximum of five
'alcoholic beverages each. Alcohol would top being served at least one hour prior to the
end of each event. Live music and dancing would be provided upon request. The petitioner
has also indicated that three uniformed (3)'securityguards would be on duty during all
banquet and reception events.
ENVIRONMENTAL IMPACT ANALYSISi
(13) The Planning Director's authorized representative has determined that the proposed;project
falls withinahe definition of Categorical Exemptions,'.Sectioni15301,Ciass 1 (Exlstirtg
Facilities), as defined in the CEQA Guidelines and is, therefore; exempt from the
requirement to prepare additional environmental documentation.
Page 3
Staff Report to the
Planning Commission
January 13; 2003
Item No. 6
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(14) The proposed project has been reviewed by affected City departments to determine
whether it conforms with3he Citys Growth Management Element atlopted by!the City
Council on March 17, 1992. Based'on City staff review of the proposed project, it has tieen
determined that this project does not fit withinthe scope necessary to require a Growth
ManagemenfElementanalysis, therefore, no analysis has been performed. :
EVALUATION:
(15) Banquet facilities with the service but not sales of alcoholic beverages for on-premises
consumption are permitted in the ML zone subject to approval of a conditional use permit.
(16) The requested waiver pertains to minimum number of parking spaces. Code requires a
minimum of 251 parkingspaces for the proposal and 155 spaces are proposed. The
petitioner has ubmitted a parking study prepared by Traffic Safety. Engineers'dated
September 1,2002, to substantiate the requested parking waives The City Traffic and
Transportatiod Manager,has reviewed said study and has determined that the proposed
parking is sufficient for the banquet facility and-industrial'complex.
(17) Theparking study also includes the following findings to substantiate the requested parking
waiver:
"(a) :That the variance, under the conditions imposed, if any, will not cause fewer off-street
.parking spaces to be provided for such use than the number of such spaces
`. necessary to accommodate all'vehicles attributable to such use under the normal and
~ Treasonable foreseeable conditions of operation of such use.
i The parking study indicates that the peakparking demand for off-street parking
~ paces is'substantiailylower tfian the quantity provided for the business center
' including,the proposed banquet facility.
~ (b) ::That the variance, under the conditions imposed, if any, will not increaseihe demand
~ and competition forparking spaces upon a public streets id the immediate vicinity of
the proposed use.
The business centerwill not increase or compete for on-sfreetparking because its
parking lot has more than adequate parking to accommodate both the center and
i' proposed banquetfacllity's peak parking'demands.
~
I_ (c) .That the variance, under the conditions imposed, if any, will not increase'the demand
for parking spaces'upon adjacent private property in the immediate vicinity of the
i
proposed use.
She business center parking lot is physically separated from other adjacent
development. Furthermore, there is noreason to encroach other parking facilities r
because the center's parking lot providesample parking as indicated in'the parking
ianalysis.
Page 4
Staff Report to the
(Planning Commission
January 13; 2003
Item No. 6`
(d);, That the variance, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided for such use.
Traffioand parking congestion will not occur because the supply of parking spaces is
almost double the anticipated projecfpeak parking demantl.
(e) That the variance, under the conditions Imposed; if any, will not impede vehicular
ingress to or egress from adjacent properties upon the puglic streets in the immediate
vicinitybF the proposed use:
The business center is physically separated from the adjacent private properties.
Therefore, therewill be no impeding: of traffic access into or out of adjacent parking
lots
(18) ?he Anaheim Police Department indicates in the attached memorandum that this area has
a crime rate of 11 percent above'average: Surrounding reporting districts also have'above
average dime rates,'with the exception of the reporting districftb the north, with a dime
rate of 44percent below average. There have been five calls for service at this location
between October 2001 and October 2002. All five calls were burglary alarm calls. It should
be noted that there will be no sales, only service, of alcohol at this location:: The Anaheim
Police Department has no objections to the proposed'use but has included recommended
conditions of approval to ensure the banquet hall operates in a'safe and orderly manner.
(19) Staff contacted Alcoholic Beverage Control (ABC) to determine the type of licensing that
would be required for he petitioner to operate this banquet hall facility. The petitioner
currently owns afamily-run restaurant in Anaheim and is expected to provide the majority
of the food catering services for events. The petitioner's restaurant currently has a Type 41
(On-Sale Beer and W the for a .Bona Fide Public Eating Place) license. According to`the
ABC representative, the petitioner would need to obtain a Typei 58 (Caterer's Permit}
license to provide alcohol for their customer's at a location otherthan their restaurants
However, only restaurants with an active Type 47 (On-Sale General for Bona Fide Eating
Place) license may apply for a Caterer's Permit. With: their current type of icense, the
petitioner would not fie qualified to apply for a Caterer's Permit,,nor would they be
permitted to provide alcohol for their customers at a location outside of their existing
restaurant.
(20) Two possible scenarios would allow for beer and wine to be served at the proposed
tianquet facility. First, he petitioner may contract a caterer wiW a Type' S8 license to
provide thealcoholic everages:Secondly beer and wine maybe purchased and delivered
by the customers wtto reserve fiis banquet facility antl served by staff. The second
'scenario would be acceptable to ABC if no compensation for the alcoholic beverages is
!paid to the; petitioner: The petitioner anticipates that he will eventually be eligible fora
Caterer's Permit, enabling the banquet facility to be responsible'forsuppiying the alcoholic
beverages as well as erving ibih the future.
i (21) :Based on consultation with the Building and Fire Prevention Divisions, the maximum
number of occupants permitted v/ithin the banquet facility is 230 people.
(22) Commission may wish to note that the petitioner would also be required tobbtain a Dinner
Dance permit for dancing and an Entertainment permit for live'entertainment. These'may
be obtained from thelBusiness Licensing Division and are issued in one-year intervals.
Page 5
Staff Report to the
Planning Commission
January 13, 2003
Item No. 6
FINDINGS:
(23) Section 18.06.080 of the parking ordinance sets forth the following findings which are
required to be made before a parking waiver is approved by the Commission:':
(a) 'That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to tie provided for such use than the number of such spaces
necessary to accommodate all vehicles'attributable o such use under the normal and
` reasonably foreseeable conditions of operation of such use;'ahd
(b) ;That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parking spaces uponahe public streets to"the immediate vicinity
of theproposed use; and
(c) 'That the waiver, under the conditions imposed, if any, will not increase the demand
and competition foriparking spaces upon adjacentprivate property in the immediate
vicinity ofahe proposed use;iand
(d) ;That the waiver, under the conditions imposed, if any, will not increase traffic
congestion within the off-street parking areas or lots provided: for such use; and
(e) ;That the waiver, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties uponahe public streets ih the immediate
`vicinity of the proposed use.
Unless conditions to the contrary are expressly'imposednpon the granting of any waiver -,
pursuant to this'Section by the Planning Commission or City Council, the granting of anyy
such waiver shall be deemed contingent upon operation of such use in conformance with
the assumptions relating to the operation and intensity of the use as contained in the
parking demand study that formed the basis for approval of said waiver. Exceeding,
violating, intensifying or otherwise deviating from any of said assumptions as contained in
' the parking demand studyshall be deemed a violation ofahe express conditions imposed
upon said waiverwhich shall subjecE aid waiver to terminatipn or modification pursuant to
the provisions of Sections 18.03.091' and 18.03.092 of this Code.
(24) Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented shows that all o1'the following conditions exist:
(a) ;That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or thatsaid use isinot listed therein as being a
permitted use;
(b) That the: proposed use will not adversely affect the: adjoining land uses and the
> growth and development of the area in which if isproposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner noEdetrimental to the particular area
nor td the peace, fiealth, safety, and general welfare;
(d) That the,traffic generated by the proposed use will hot impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and
Page 6
Staff Report to the
Planning Commission
January 13, 2003
Item No. 6
(e) That the granting of the conditional'use permitunder the conditions imposed, if any,
will'not be detrimental to'the peace; health, safety and general welfare of the
citizens of the City of Anaheim.
RECOMMENDATION:
(25) Staff recommends that unless additional or contrary informatibn is received during the
meeting and based'upon the evidence'submitted to the Planning Commission, including
the evidence presented in thisstaff report, and oral and writterrevidencepresented at the
;'public hearing thaf the Planning Commission take the following actions:
(a) By motion, determine that the project is Categorically Exempt untler Section' 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By motion, approve the waiver pertaining to minimum number of parking spaces
based on the findings contained within the parking study submitted by the petitioner
as oescribed!in paragraph nos. 16'and 17, and that the City Traffic and
Transportation Manager upon review of said`parking study has determined that
there is an atlequate supply of parking spaces for the banquet hall facility and
based on the following:
(i) ' That the waiver, under the conditions imposed, and based upon the ?
conclusions contained in the ubmitted`parking demand study (as described
in paragraphs 16' and 17 of This report), would not cause fewer off-street
parking'spaces tobe provided for such use than the number of such spaces
necessary to accommodate all vehicles attributable to the banquet hall facility
and industrial complex under normal and reasonably foreseeable conditions
of operation of such use.
(ii)i That the waiver, under the conditions imposed, would not increase the
demand and competition foriparking spaces upon the public streets and
adjacent private property in'the immediate vicinity of the proposed use.
(iii) That the waiver, under the conditions imposed, would not increase traffic
congestion within he off-street parking areas or lots provided for such Use.
(iv) That the waiver, under the conditions imposed, would not impede vehicular
ingress to or egress from adjacent properties, upon the public streetsn the
immediate vicinity of the proposed use:
(c) By resolution, approve Conditional Use Permit No. 2000-04620 (to permit a banquet
hall facility with service but not sales of beer and wine for on-premises consumption)
based on thefiollowing:
(I) That the proposed use is properly one for which a conditional use permit is
authorized by the2oning Code in the' ML Zone.
(ii)` That the proposed use would not adversely affect the adjoining land uses
and the growth and development ofthe area In which it is proposed to be
located.
Page 7
Staff Report to the
Planning Commission
January 13; 2003
Item No. 6
(iii) That the size and shape of the site for the proposed use is adequate to allow
the full developmentof the proposed use ih a manlier not dettimental to the
particular area nor to the peace, health, safety, and general welfare.
(iv) That the traffic generated by the proposed use would not impose an undue
tiurden upon the streets and highways designed and'improved to carry the
traffic in the area.
(v) That th~gi'anting of the conditional use permit under the conditions imposed,
would not be detrimental to the'peace, health, safety and general welfarebf
the citizens' of the City of Anaheim.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEEANDARE RECOMMENDED FOR ADOPTION BY THE
`` PLANNING COMMISSION W THE EVENT THAT=THIS PERMIT IS'APPROVED
1. That this permit shall expire one (1) year from the date that the petitioner obtains a Certificate of
Occupancy from the Building Division.
2. That no admission fee or any other type of public entrance fee shall be permitted for this facility.::.
3. That this facility shall not be open to the general public:..
' 4. That use of promoters is prohibited.
5. That this facility shall only be utilized for wedding receptions, birthday celebrations, banquets and
other such'similar special events.
6. That the sale of beer and wine for'on oroff-premises consumption shall be prohibited: Furthermore,
that beer and wine consumed oq-premises shall be provided by a licensedbaterer or purchased'
and delivered by the customers who reserve this banquet facility and servedby the banquet
facility's staff'
7. That no beerand/or wine shall be'grovided unless served in conjunction with dinner `
8. That the hours of operation shall tie limited to 5 p.m. to midnight on Friday through Sunday.
i
9. That as determined by the Anaheim Fire Prevention Division, a maximum occupancy of 230
persons shallbe permitted on the premises'at any one ime. Signs indicating the occupant load
sftall be posted in a conspicuous glace on a sign approved by the`Anaheim Fire Prevention Division
near the main exit from the room.>
10. That the activities occurring in conjunction with the operation of this establishment shall not cause
noise disturbance to surrounding'properties.
11. That at all times that dancing is being permitted, security measures provided shall be adequate to
deter unlawful conducfon the part of the employees orpatrons, or to promote the safe'and orderly
assembly and movement of persons and vehicles, or to prevent disturbancabf the neighborhood by
excessive noise created by patrons entering'or leaving'the premises.
Page &
Staff Report to the
Planning Commission
January 13', 2003
Item No. 6''
12. That at all times when the facility is being utilized, a minimum of three 3 uniformed securityguards
shall beprovided to he satisfaction of the Anaheim Police Departmentto deter unlawful conduct on
the part of patrons,'and promote the safe and orderly assembly and movement of persons and
vehicles' and prevent disturbance to the neighborhood by excessive noise generated by patrons
entering: or leaving,the premises.
13. :The business shall not employ or permit any persons to solicitor encourage others, directly or
indirectly;: to buy them drinks in the licensed premises underany commission, percentage, salary,
or other profit-sharing plan, scheme or conspiracy....
14. All entertainers and employees shall be clothed in such a way as to not expose "speciFled
anatomical areas"'as describetl in Section 7,16.060 of the Anaheim Municipal Cotle.
15. `The floor pace provided for dancing shall be free of any furniture or partitions and :maintained in a
smoothand safe condition.
16. That there shall be no pool tables or coin.-operated amusement devices maintained upon the
premises at any time.
1 Z ' That a manager shall be on site at atl times while the banquetfacility is in operation.
18. That no outdoor uses and/or assembly shall occur on subject;property.
19. That there shall be no public telephones on the premises located outside the building.
20. That this use shall comply with the requirements of Chapter 6.7p "Sound: Pressure Levels".
21. That the proposal shall comply with all signing requirements of the ML Zone unless a variance
allowingsign waivers is approved by the Planning Commission.
22. That there shall be no exterior advertising of any kind or type,. including directed to the exterior from
within, promoting of indicating the availability of alcoholic beverages.
23. That due o the change in usaand/or occupancy of,the building, plans shall be submitted to the
r Building',Division showing compliance with the minimum standards of the City of Anaheim, including
the Uniform Building, Plumbing, Electrical, Mechanical and Fire Codes as adopted by the City of
Anaheim:: The appropriate permits shall be obtained for any necessary work.
24. That all doors serving the banquet facility shall conform to Uniform Fire Code requirements and
shall bekept closed at all times during operation of the premises except for ingress/egress,
deliveries and emergencies.
25. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material:: The numbers shall not be visible from tfie view of the street or adjacent properties. Said
information shall be specifically shown on plans submitted for Police Department; Community
Services Division approval
26. That this business'be equipped with an alarm system (silent or audible):
27. `That trash storage areas shalt be refurbished, including the installation of trash enclosure gates, to
the satisfaction bf the Public Works Department, Streetsand Sanitationbivision to oomply with
} approved plans onfile with said Department.
Page 9
Staff Report to the
Planning Commission
January 13,.2003
Item No. 6
28. That the property shall tie permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
29. That subject property sftall be developed substantially in accordance with plans and specifications
submitted to the City of;Anaheim by the petitioner and which plans are on fife with the. Planning !!
Department marked Exhibit Nos. 1 and 2 as conditioned herein.
30. That prior to issuance of a building permit, oc within a period of one (1) year from the date of this
resolution, whichever occurs first) Condition Nos. 23 and 25, above mentioned shall tie. complied
with. Extensions of further time to complete said conditions may be granted!in accordance with
Section 18.03.090 of the Anaheim Municipal Code.
31. That prior to final building and zoning inspections, Condition Nos. 27 and 29 above-mentioned, shall
tie complied with.
32. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to'compliance or approval
of the request regarding any other appficable'ordinance, regulation or requirement.
i
r
Page 10
ATTACHMENT - ITEM N0. 6
IYI ~ ItlE ® ~ F9 ~ ® ~ IUI
City of Anaheim
POLICE DEPARTMENT
DATE: October 22, 2002
TO: fVoemi Alvarado
Planning Department
FROM: ' Sergeant Thomas J. Smith
Vice Detail
SUBJECT: Prefile 2002-04620
LOCATION: The Place -Banquet Facility
1383 East Gene Autry Way.
Anaheim, CA
The Police Department received an I.D.C. Route Sheet for Prefile 2002-04620. The
applicant is requesting to establish a family banquet hall in an existing business park.
The location is within Reporting District 2127, which has a crime rate of 11 percent
above average. The Reporting District to the north is 2027 and has a crime rate of 44
percent below average: The Reporting District to the south is 2227 and has a crime
rate of 80 percent below average. The Reporting District to the west is 2126 and has a
crime rate of 138 percent above average..: The Reporting District to the east is 2128
and has a crime rate of 3 percent above average: The Reporting District to the
northwest is 2026 and has a crime rate of 47 percent above average. The Reporting
District to the northeast is 2028 and has'a crime rate of 9 percent below average. The
Reporting District to the southwest is 2226 and has a crime rate of 17 percent below
average. The Reporting District to the southeast is 2228 and has a crime rate of 80
percent below average.
From October 2001 to October 2002 this location has had 5 calls for service. All 5 calls
were burglary alarm calls:
The Anaheim Police Department has no objections and requests the following
conditions are placed upon the Conditional Use Permit:
Memorandum
William Sell
The Place
Page two
1. The permitted event or activity shall not create sound levels that violate any
ordinance of the City of Anaheim. (Section 4.16.100.010 Anaheim Municipal
Code)
2. At all times that dancing is being permitted, security measures provided shall be
adequate to deter unlawful conduct on the part of employees or patrons, or to
promote the safe and orderly assembly and movement of persons and vehicles, or
to prevent disturbance of the neighborhood by excessive noise created by patrons
entering or leaving the premises. (Section 4.16.070 Anaheim Municipal Code)
3. Any and all security officers provided shall. comply with all State and Local
ordinances regulating their services, including, without limitation, Chapter 11.5 of
. Division 3 of the California Business ahd Profession Code. (Section 4.16.070
Anaheim Municipal Code)
4. The operation of any business under this permit shall hot be in violation of any
provision of the Anaheim Municipal Code, State or County ordinance.' (Section
', 4.16.100.010 Anaheim Municipal Code)
5. The business shall not employ or permit any persons to solicit or encourage
others, directly or indirectly, to buy them drinks in the licensed premises under any
1 commission, percentage, salary, or other profit-sharing plan, scheme or
conspiracy. (Section 24200.5 Alcoholic Beverage Control Act)
~ 6. The number of persohs attending the event shat( not exceed the maximum
occupancy load as determined by the Anaheim Fire Department. Signs indicating
~ the occupant load shall be posted in a conspicuous place on an approved sign
near the main exit from the room. (Section 25.114(a) Uniform Fire Code).
7. The business shall not be operated in such a way as to be detrimental to the public
' health, safety orwelfare. (Section 4.16.100.010 Anaheim Municipal Code)
8. All entertainers and employees shall be clothed in such a way as to not expose
"specified ahatomical areas" as described in Section 7.16.060 of the Anaheim
i Municipal Code.
9. The floor space provided for dancing shall be free of any furniture or partitions and
maintained in a smooth and safe condition. (Section 4.16.050.010 Anaheim
Municipal Code)
Memorandum
William Sell
The Place
Page two
10. Any violation of the application, or any attached conditions, shall be sufficient
grounds to revoke the permit. (Section 4.16.100.010 Anaheim Municipal Code)
Additionally the hours of operation will be from 5:00 pm to midnight and open Friday,
Saturday, and Sunday only as requested by the applicant.
At no time will there be a cover charge.
The use of promoters is prohibited.
During the hours of operation a minimum of three (3) security guards will be on duty at all
times.
f;\home\tgovernale\2002-04620 The Place -Banquet Facility.doc
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Variance No. 2002-04546
Requested By: DENNIS STOUT
TO PERMIT TWO BUSINESS IDENTIFICATION WALL SIGNS.
915 South Harbor Boulevard - Carrows Restaurant
Subject Property
Date: January 13, 2003
Scale: 1" = 200'
Q.S. No. 74
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Staff Report to the
"Planning Commissidn
`January;13, 2003
Item No. T
7a. CEQA'CATEGORICAL EXEMPTION -CLASS 11 (Motion)
7b. -VARIANCE NOS 2002-04546= i(Resolution)<
SITE LOCATION AND DESCRIPTION:':
(1) This irregularly-shaped 0.42-acre property'has a frontage of approximately 110 feet do the
west side of Harbor: Boulevard„a maximum depth of approximately 163 feet and is located
'approximately 195 feet south of the centerline of Vermont Avenue (915 South Harbor
Boulevard,?Carrows Restaurant).
REQUEST:
(2) Petitioner requests a waiver of the following Code Sections to permit two business
'identification wall signs:
'SECTION NOS, 18.48.130.060.0601(d)(1)' Permitted Number of WaII Signs and Sign
AND'18:48.130:O6010604 (Exhibit 7.0a) Standard Matrix Reguiremehts
(One business identification. wall sign' per
building permitted; a total of two business
identification wall{signs proposed including
one existing sign;on the south building
elevation and one proposed sign on the north
building elevation).
BACKGROUND:
(3) The subject property is currently developed with afull-service restaurant and has been ~
'zoned SPg2-2 (Anaheim Resort`Specific Plan No. 92-2) since'September 1994 (an aerial
photograph depicting'the site is provided on the next Page). The property:. is also
designated'for Commercial Redreation land uses in the City of Anaheim General Plan.
(4) Surrounding land uses are as follows:
Direction ! Land Use Zoning° General Plan Designation
North'' Tops'Motel SP92-2 ' Commercial Recreation
East,'across Harbor
Boulevard .Vacant Retail Building CL General Commercial
Soutft and West Ramada Limited North Gate SP92-2 Commercial Recreation
•.SP92-2 (Anaheim Resort,Spec~c Plan No 92-2); CL (Commercial, Limited)
DISCUSSION:
(5) Plans indicate that there is currently one existing wall sign on the south elevation of the
Carrows Restaurant. The petitioner proposes to install a second business identification
wall sign on the north%elevation of the restaurant. Elevation plans indicate that said ign
would be approximately 40 square feet in size with a maximum'sign height of 3 feet`and
length of 7 feet, 7 inches in conformance with Code. requirements (Codepermits a wall sign
to have an area up to 140 square feet ih size and a maximum sign height of 3 feet).(The
sign copy
SR8524GK
Page 1
Staff Report to the
Planning Commission
January 13;2003
Item No. 7
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Carrows Restaurant - 91b South Harbor Boulevard
SR8524GK
Page 2
Staff Report to the
Plannirg Commission
January 13, 2003
Item No.7
would read, "CARROWS RESTAURANT" (in respective yellow-and red letters) on a blue
'background. A copy. of the submitted sign plan hasbeen provided to thei Planning ;:
Commission and is on file and'available,for public review in the Planning Department.
(6) .The requested waiver pertains o the maximum number of permitted wall'signs. Fot
freestanding restaurants, Code permits one business identification wall sign per building.
As previously indicated, there is currentlyone existing wall sign on the south building
`elevation and the petitioner proposes to install a second wall sign on the north building
elevation. '
(7) .The Code ypically permits each business or complex to have the business name identified '
from the adjacent public right-of-way by one wall sign and one'freestandng monument sign
'which could be oriented towards differentdirections of traffic flow. As indicated in the
petitioner's "Justification for Variance/Code Waiver'` (Attachment A to this staff repprt), the
:existing wall sign onthe south elevation invisible to'northbound Harbor Boulevard traffic;
'.however,; it is not visible to southbound Harbor Boulevard traffic. In addition, site
constraints preclude he installation of an'Anaheim' Resort freestanding monumenfsign on
-the subject property (the setback area between the existing building and the public;right-of-
way is approximately8 to 11 feet wide and a minimum 12-footwide area is needed to
`accommodate a monument sign).
(S) 'Planning Commission may wish to note that all of the properties on the west side of Harbor '
Boulevard'between Vermont Avenue antliBall Road are locatetl within the Anaheim: Resort
Specific Plan Zone.: The subject property:. is the only property on this block where if is not
.feasible to install an'Anaheim Resort monument sign due to the narrow width of the front
setback area.
(9) Planning Commission may also'wish to note that in the Anaheim Resort Specific Plan
Zone, sign Waivers to permit a second wall sign for freestanding restaurants have been
approved in the pasCwhere it was not feasible to install an Anaheim Resort monument sign
(i.e., sign waivers were approved to allow two wall signs at the`,Tiffy's Family Restaurant on
the southeast corner`of Katella'Avenue and West Street and at the Coco's Restaurant on
'the southwest corner of Katella'Avenue and West Street).
(10) Based upon the above, staff supports approval of the requested waiver as existing site
`constraints; precludeahe installation of an Anaheim Resort freestanding monumentsign on
ahe subject property: and two wall signs would provide for the restaurant to be identified
from botn'directions of traffidflow on Harbor Boulevard.
' ENVIRONMENTAL IMPACT ANALYSIS:
(11) The proposed project falls within the definition of Categorical Exemptions; Class 11¢
(construction or replacement of minor structures accessory to existing commercial,
`industrial or institutional facilities, including, but not limited to, on-premise igns) as defined
'in the California Environmental'Quality Act (CEQA) Guidelines'and is, therefore,
categorically exempt from the requirements to prepare additional environmental
documentation.
FINDINGS:
(12) When practical difficulties or urinecessary hardships result from strict enforcementof the
Zoning Code, a modification may be granted for the purpose bf assuring that no property,
SR8524GK
Page 3
Staff Report, to the
Planning Commission
January 13;2003
Item No. 7
because of special circumstances applicable'to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any
variance or code waivecis to prevent discrimination and none shall be approved which
would have the effect df granting a special privilege not shared by other similar properties.
Therefore, before any variance or code waiver is granted by the Planning Commission; it
shall be shown:
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically. zoned
properties in the vicinity; and
(b); That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under the identical zoning classification h the vicinity.
RECOMMENDATION`
(13) Staff recommends that, unless additional or contrary information is received during thee.
public hearing, and based upon the evidence submittedao the Planning Commission,
including the evidence presented in this staff report, and oral andiwritten evidence
presented at the publid hearing, the Planning Commission take the following actions:
(a) By Motion, find that the project is categorically exempt under Class 11'of the CEQA
Guidelines; and,
(b) ; By Resolution, a pp rove Variance No. 2002-04546, subject to staffs recommended
conditions of approval included in this staff report,'waiving the permitted numberof
wall signs and the(Sign Standards Matrix requirements to permit a total of two
business identification wall signs, inasmuch as the submitted evidence does identify
special circumstances with regard to the configuration of the property and the existing
building which do not apply to other identically zoned properties in the vicinity, antl,
that the strict application of the Zoning Cade would deprive the property of privileges
enjoyed by other properties within the identical zone classification in the vicinity'as
described in paragraphs (7) through (10) of this staff report.
~ THE FOLLOWING CONDITIONS ARE SUBMITTEDBY VARIOUS CITYbEPARTMENTS
?ACTING ASAN-INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR
ADOPTION BY THE PLANNING`COMMISSION IN THE EVENT THAT VARIANCE NO
2002-0454611S' APPROVED.
1 s That the subjectproperty shall be developed substantially`in accordance with the plans ahd
specifications submitted to the City ofAnaheim'by the petitioner and"which plans are on file
with the Planning Department marked Exhibit Nos. 1 through 3.
2.< That approval of his application constitutes approval of the proposed request only to the
extenFthat it complies with the Anaheim Municipal Zoning Code and`any otherapplicable
City, State and Federal regulations. Approval does not include any action or findings as 30
compliance or approval of the request regarding any other applicable ordinance, regulation or
requirement.
SR8524GK
Page 4
i ~ SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR1 WAIVER OF CODE$ECTION: ~g ~fi~~ ~3U .(7Gt~.Y~t~~~~ ~ G~~L~ IB't~~~ ~ J ~ ~' ~D
~`r'1riMWVw .vKw,b~r > (A separate statement is required for each Code waiver) 0766) (d)(
PERTAINING TO: 1~uSlh 6S ~c1 t~~ ~ ~ [c21;L-- l.J^ ~ ~ S;Gw C
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? o= Yes _ No.
If your answer is "Yes," describe the special circumstances:
2. Are [he special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone az your property? Yes _ No
If your answer is "yes," describe how the property is different:
S ~ c -~~'*tic IAt r1~
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? .Yes _No
If your answer if "yes," d1e~scribe the special circumstances:
~ Q i~CC I.ll(
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? ~ Yes _ No
EXPLAIN See- 4.(~tic.lnec).
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which woulc~„~iave the effect of granting a special privilege not shared by other property in the same vicinity and zone
wh~not othenyise re;aTyla~y horized by zone regulations governing subject property. Use variances are not permitted.
Property Owner or
DECEMBER 12, 2000
i4" ~ `r;
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9~
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Date
USE PERMIT/VARIANCE NO. ~ Z' UHS~(~'
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
1. The building is located too close to the front property line to allow for the
required setback for a monument sign. As a result, the business has to rely
on wall signs to properly identify the use. The existing wall sign on the angled
entrance is not visible from southbound traffic on Harbor Blvd.
2. Other properties in the vicinity do not have the angled entrance .and their wall
signs, when applicable, are more visible to both North and South bound traffic
on Harbor Blvd. Most of the properties have double faced monument signs
giving them adequate visibility.
3. Currently all of the other properties in the vicinity enjoy the use of a double
faced monument sign giving them adequate visibility from traffic on Harbor
Blvd. The Clinics Medical Center has two wall signs and the Anaheim Tropic
has a pole sign.
4. The Municipal Code changed and .made the long existing pole sign illegal.
Once removed, Carrows will have no identity exposed to South bound traffic
on Harbor Blvd. as the legal wall sign over the angled entrance is not visible
from southbound traffic on Harbor Blvd.
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VARIANCE
NO- i~U~' U~IS~~~
ITEM N0. 8
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CUP 445
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Variance No. 2002-04542 Subject Property
Tentative Tract Map No. 16340 Date: January 13, 2003
Scale: 1" = 200'
Requested By: THAO TRAN Q.S. No. 123
REQUESTS WAIVERS OF: (a) MINIMUM LOT WIDTH AND FRONTAGE
(b) ORIENTATION OF RESIDENTIAL STRUCTURES ADJACENT TO
ARTERIAL HIGHWAYS
TO CONSTRUCT FIVE (5) SINGLE-FAMILY RESIDENCES.
TENTATIVE TRACT MAP NO. 16340 - TO ESTABLISH A 5-LOT, 5-UNIT DETACHED SINGLE-FAMILY
RESIDENTIAL SUBDIVISION.
610 South Sunkist Street
sz1
Staff Re
Planninc
''January
Item Nb
8a. CEQA NEGATIVE bECLARATION
8b. ` VARIANCE NO! 2002-D4542'`
8c. !TENTATIVE TRACT MAP NO. 16340
ie
issidn
3
lion).
SITE LOCATION AND DESCRIPTIONi'
(1) This rectangularly-shaped, 1.07-acre property has a frontage df 268 feet on the east side of
SunkisEStreet, a maximum depth of 174 feet and is'iocated 400 feet north of the centerline
of South Street (610 South Sunkist Street). !
REQUEST:
(2) The petitioner requests approval of the following:
Variance'No. 2002-04542 -waiver of the following in order to construcf five (5) single-
family residences under authority of Code Section18.03.040'.020:
(a) SECTION NO. 18.26.061.020 Minimum lot width. 70 feet required; 53.5 feet
proposed).
(b) SECTION NO. 18.26.065.010 Orientation of residential structures adjacent to
arterial'hiahwavs. `(Structures requiredao rear
onto arterial highways; structures fronting onto
' Sunkist Street)
Tentative Tract Map No. 16340 - to establish a 5-lot, 5-unit detached single-family
res id ential' s u bd ivis ion.
BACKGROUND:
(3) '.This property is currently developed with asingle-family residence (to be demolished) and is
zoned RS=7200 (Residential Single-Family). The Gity of Anaheim General Plan Land Use
Element Map designates this property for Low-Density Residential land uses.
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Page 1
DIRECTION iLAND USE ZONING GENERAL PLAN
DESIGNATION
North and Single Family Residences RS-A-43,000 Low Density Residential
sot,tn
East and West Single Family Residences RS-7200 , Low Density Residential
(across Sunkist'
Street)
Lot Proposed Lot
Witlth Required Minimum Lot
Width' Proposed Lot Area 'Required Minimum Lot
Area
1-5 53.5 feeP 70 feet ' 9,389is.f. 7(200 s.f.
,Lot Size' Front Setback Side Setback 'Rear Setback Lot.
Lot '(square i Proposed/Required : Proposed/Required- Proposed/Required Coverage
feet ;Pro osed/Allowed
1 9,389 s.f. 35 feet/ 25 feet 5 feet? 5 feet 45 feet /'25 feet 27%Y'40%
2-5 9;389 s.f. ' 25 feet / 25 feet 5 feet / 5 feet 55 feet / 25 feet 27% / 40%
Staff Report to the
Planning Commission
i January 13, 2003
+ Item No 8
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h ~u ~ ~ ~ %~ n.~p ~~, J
~ ~ ~' xff 3 t a 4~'iu~`~r3£ - a ~ r~q `t~,'sa":."' ~1 f
1. S n S " ... 1 ~_i,=.~.w ~-.<, . ?" .,.~.v~%a~ a .C of u
View of subject property looking east
I (t3) The floor plans (Exhibit Nos. 2, 3a, and 3ti) indicate the homeswould be developed'. as two-
'story residences. Each home would have'5 bedrooms and 3.5 bathrooms with the first floor
comprised of one bedroom, one full bathroom, a powder room; kitchen, living room,: laundry
''room, dining room and family room, and the second floor with'3 bedrooms and 2 bathrooms...
(g) Each lot would have a driveway leading ko each residence from Sunkist Street providing
vehicular access for the proposed homes: Each residence would have 6 parking spaces,
with 4 spaces provided in a garage and 2 open spaces adjacent to the garage for each
parcel. Cotle requires a minimum of 30 spaces based on the ratio of 6 spaces per: single-
`family residence, 3 of which must be enclosed in a garage.
(10) Elevation drawings (Exhibit Nos. 4, 5, 6 and 7) indicate two-story residences with a
'structural height of 25.2 feet. The elevation drawings indicate the proposed structures would
face west toward Sunkist Street (to matcfi other residences along the street). Code permits
two-story residences; but requires residences to rear' onto an arterial highway. The`elevation
'drawings. indicate a contemporary architectural stylawith exterior building materials'.
consisting'bf a stucco finish, stone veneer wainscoting, clay mission file roofs and second-
`story balconies with'decorative'wrought iron railings; The elevation drawings further indicate
the two-story structures would be constructed with the second floor setback from the first
floor garages on the west elevations facing SunkisEStreet to provide visual relief and
'architectural interests
Page 3
Staff Report o the
Planning Commission r
January 13;`2003
Item No, 8 '
ENVIRONMENTAL IMPACT ANALYSIS: ''
(11) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and fihds no significant environmental impact antl, therefore,
recommends that a Negative Declaration be approvedupon a finding by the Planning
Commission that theNegative Declaration reflects the independent judgment of the lead
agency; and that it has considered'the proposed Negative Declaration together with any
comments received during the public review process and further finding on the basis of the
Initial Study and any comments received thatlthere is no substantial evidence that the i
project will have a significant effect on the environment::
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(t2) The proposed project has been reviewed by affected City departments to determine
whether it conforms with the City's!Growth Management Elementadopted by the City ;
Council on March 17, 1992. Based on City staff review'of the proposed project, it has'been
determined that this project does not fit within the scope necessary to require a Growth
Management Element analysis, therefore, no`analysis has been performed.
.EVALUATION:
(13) This property is zoned RS-7200 which permits single-family homes with a minimum lofsize
of 7,200 square feet. The proposed subdivision would create five (5), 9,389 quare foot
lots'. The Anaheim General Plan Land Use Element Map designates this property for Low
Density Resitlential landruses, with. a density range of up to 6 dwelling units, per acre. The
proposed development would be consistent with the General Plan land use designation of
Low Density Residential'and the zoning designation ofRS-7200 for this site and is
compatible with the existing residential developments irrthe area. ;Therefore, staff
recommends'approval of the proposed subdivision.
(14) Waiver (a) pertains to minimum lot width. Code requires a minimum lot width of 70 feet and
the ite plan indicates the proposed lot width would be 53.5 feet for each residential lot; The
applicant submitted the attached justification of waiver, which states the configuration of the
parcel is unusually deep (174 feet) which limits lot configurations that would comply with the
required lot width while achieving7,200 square foot lots: Staff recommends`approvatof this
waiver because the submittal has demonstrated that the lots could independently comply
with site development standards of the proposed zone-(RS-7200)despite the wavier of lot
width. Further, the proposed lot widths and configurations are consistent with all other lots
in the immediate vicinity::
(15) Waiver (b) pertains to orientation of residential structures adjacent to arterialhighwaysi
Cotle requires. that residential structures be oriented sous to rear'onto an arterial highway,
The Anaheim'General Map Circulation Element Map designates Sunkist Street as a
Secondary Arterial highway. The applicant's proposal indicates that all five residences
would front onto SunkisfStreet. Staff is supportive of this waiver because ifwould be
consistent with the existing neighborhood ofsingle-family homes.'
(t6) Staff is pleased with the quality of the proposed development and feels that the five homes
would be consistent with the existing development pattern and an'asset to the surrounding
neighborhoods The configuration of the lot and the orientation of homes in the immediate
vicinity provides justification for the proposed waivers.
Page 4
Staff Report to the
Planning Commission
`January 13, 2003
Item No. 8
FINDINGS:
(17) When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Cotle, a modification may be granted for the purpose ofassuring that no property,
because of'special circumstances applicable to it, shall be deprived of privileges commonly
;enjoyed by other properties in the same vicinity and zone. The sole purpose of any
variance is to preventdiscrimination and none shall be approved which would have the
effect of granting a special privilege not shared by other similarproperties Therefore,
.before any variance;is granted by the Planning Commission, it shall be shown:
(a) That there are special circumstances applicable to the property such as size,
shape, topography, location or surroundings, which db hot apply to other identically
zoned properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges`enjoyed
by other properties under' identicalzoning classification in the vicinity.
(18) "The State Subdivisibn Map Act (Government Code, Section 66473.5) makes it mandatory
tb include in all motions approving, or recommending`approvai of a tract map, a specific
finding thatithe proposed Subdivision together with fts design and improvement is consistent
with the City's General Plan.
.Further, the law requires that the Commission/Council make any of the fbllowing findings
:when denying or recommending denial ofia tract map:
14That the proposed map is not consistent with applicable Genetal and Specific Plans.
2That the design or improvement of the proposed subdivision is not consistent with
.'applicable General and Specific Plans.
3:That the site is not physically suitable forthe type of development.
4:That the site is not physically suitable forthe proposed density of development.
5:That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantiallyand avoidably injure. fish or wildlife or
their habitat.
6:That the design of the subdivision or the type of improvements is likely to cause serious
public health problems.
T.That the design of the subdivisicn or the type of improvements will conflick with
easements, acquired by the public at large, for access through or use of property within
the proposed subdivision:'
RECOMMENDATION:
(19) Staff recommends that unless additional or contrary information is received during the
meeting, and basedvpon the evidence submitted to the Planning Commission, including the
evidence presentedih this staff report, and oral and written evidence presented at the public ?
hearing that the Commission take the following actions:
Page 5
Staff Report to the
Planning Commission
January 13;2003
Item No. 8
(a) By motion; approve a CEQA Negative Declaration.
(b} By resolution, approve Variance No. 2002-04542 (to construct five single-family
Yesidences) based dh the following:
(i) 'Shat waiver (a) pertaining to minimum lotwidth and frontage lot width should
be ap rp Dyed based on the irregular depth of the property and that thereare
'existing lots in the vicinity with similar lot widths.
(ii) That waiver (b) pertaining to orientation of residential structures adjacent to
arterial highways should be approved based on the honsistency with thee:
orientatidh of the existing single-family homes in the immediate vicinity.
(c) By motion, a rove Tentative Tract Map No. 16340'(to establish a 5-lot, 5-unit single-
familyresidential subdivision) since the design and improvement of the proposed
subdivision would tie consistent with the General Plan land use designation of Lowe
Density Residenkial.
THE FOLLOWING CONDITIONS ARE'SUBMITTED BY VARIOUS CITY DEPARTMENTS> ACTING'AS
AN INTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED FOR ADOPTION BY THE
I PLANNINGCOMMISSIONiN THE EVENTTHATVARIANCE NOQ002-045471S APPROVED.
1. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abahdonment of existing water services and fire lines, shall be coordinated hrough thel Water
Engineering Division of the Anaheim Public Utilities Division. j
2. That the property owner/developer shall install street lights on Sunkist StreeEand a bond shall be
posted for said installation prior to'issuance of building permits. The streeb lights shall tie installed
prior to occupancy.
3. That any required relocation of Cityelectrical facilities shall be at the expense of the developer.
4. That the property owner/developer shall complete an application with the Water Engineering Division
of the Public Utilities Department to abandort the existing well sitelocated on the property in
accordance with Engineering Standard Nos W-630 and to the satisfaction ofthe Public Utilities
Department, Water Engineering Division. Said well site shall be abandonedprior to the issuance of a
'certificate of occupancy for the first unit.
5. That all existing water services shall conform to currentWater Utility Standards. Any existing water
services thatare not approved by the Utility for continued use shall: be upgratled to current standards,
or abandoned by the developer. If the existing services'are not longer needetl, they sfiall be
abandoned by the developer.
6. That all lots shall be assigned street addresses by the Building Division.
7. That trash storage areas'shall be provided antl maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division and in accordance with'approved plans on file with
said'departmeht. Said areas shall be specifically indicated on plans submittetl for building permits;
8. That approvafof this variance is contingent upon the approval of the Tentative Tract Map No. 16340
now pending. r
Page 6
S Staff Report to the
Planning Commission
January;13, 2003
Item No: 8
9. That enhanced paving shall be constructed on all driveways. Said information shall be specifically
shown on plans submitted for building permits.
10; That subject property shall be developed'substantially in accordance with plans and specifications
':'submitted to the City of Anaheim by the petitioner and which aye on file with the Planning Department
marked Exhibit Nos: 1 througft`7, and as`conditioned herein.
1 L' That prior to issuance of a building permit, or within'a period of one year from the date of this
resolution( whichever occursfirst, Condition Nos.`1, 2, 4, 6, Tand 9 above mentioned shall tie
complied with.
12: That prior o final building and zoning inspections, Condition No. 10, above-mentioned, shall be
complied with.
13:' That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Codeand anybther applicable Ciry, State and Federal
regulations. Approval does not include ahy action or findings as to compliance or'approval of the
request regarding any other applicable ordinance, regulation or requirement.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARERECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THATTENTATIVETRACT MAP 16340'ISAPPROVED.
1. 'That the existing house shall be demolished. The legal property owner shall obtain a demolition permit
from the Buildingbivision.
2. That the property owner/developer shall provide the Ciry of Anaheim with a public utilities easement to
be determined as electrical design is completed.
3. `That approval of Tentative Tract Map No: 16340 is contingent upon approval of Variance No 2002-
04542, now pending.
4. That a final tract map to record the division of the subject property shallbe submitted to and approved
by the City of Anaheim and sftall then be recorded' in the office of the Orange County Recorder.
5. That the Ciry of Anaheim Sewer Connection Fee shall be paid.
6. That prior to approval of the final parcel map, Condition Nos: 9, 2 and 5, above-mentioned, shall be
complied with.
7. That approval of this application constitutes approval of the proposed request only to the extent that it
complies With the Anaheim Municipal Zoning Code and anypther applicable Ciry State and: Federal
regulations. Approval does not include'any action or findings es to compliance or approval of the
requesfYegarding any otherapplicable ordinance, regulation br requirement.
Page 7
HI INI. FiMtNI - 11tH NV. O
. ~ -. SECTION4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ P7 2~ ~ OCDI . O'LO
(A separate statement is required for each Code waiver)
PERTAINING TO: ~ WI~T+-}
Sections 18:03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code_ waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
[n order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. Ifyou need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? / Yes _ No.
Ifyour answer is "Yes," describe the special circumstances:
2. Are the special circumstances ths~t apply to the property different from other properties in the vicinity which aze in the
same zone as your property? T Yes _ No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
Ifyour answer if des," describe the special circumstances:
4. Were the spec al circumstances created by causes beyond the control of the property owner (or previous property
owners)? Yes _ No
EXPLAIN
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved whi h would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is not the ' e expressly authorized by zone regulations governing subject property. Use variances aze not permitted.
a~T ~, 2-~o Z
Signature of perty Owner n o +~he~,Ad-sue nt Date
DECEMBER 12, 2000
CONDITIONAL USE PERMITNARIANCE NO.
VAR ~JQ. 2002 - 0 4 5 ~ 2
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ ~ ZCP ~ d ~D~ • ~ ~ d
_ _ ,_ _ (A separate statement is required for each Code waiver) _ _
PERTAINING TO:
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive a[ a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
Are there special circumstances that apply to the property in matters such assize, shape, topography, location or
surroundings? ~ Yes _ No.
If your answer is "Yes," describe the special circumstances: `f1-I~i ~0~~' Y~ Gtl~i~7~lf~' k~~
2.
4.
The sole
Are the special circumstances t4at apply to the property different from other properties in the vicinity which are in the
same zone as your property? '_/ Yes _ No
If your answer is `'yes," describe how the property is
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? Yes _No
If your answer if "yes," describe the special circumstances::
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? _ Yes _ No
EXPLAIN ~ -~1p1~~~_~1~ G'O'.~{a~9C~1e-F~ ~I~~~ f~~ I1.~ f 1'~ ~S
of any variance or Code waiver shall be to prevent discrimination, and no variance or Cade waiver shall be
would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
;rwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
of
DECEMBER 12, 2000
_ ~ ~~ 7~
Agent Date
CONDITIONAL USE PERMITNARIANCE NO,
VAR r;0. 2002 - 0 4 5 ~ 2
ITEM N0. 9
C~ 330,.
Conditional Use Permit No. 4121 Subject Property
Conditional Use Permit Tracking No. 2002-04648 Date: January 13, 2003
Scale: 1" = 200'
Requested By: LANDREY PROPERTIES LP Q.S. No. 131
REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF
A CONDITION OF APPROVAL PERTAINING TO A TIME LIMITATION (APPROVED ON JUNE 21,
1999 TO EXPIRE JANUARY 31, 2003) TO RETAIN AN AUTOMOBILE STORAGE LOT WITH
A MODULAR OFFICE UNIT.
2861 East Miraloma Avenue -California Auto Dealers Exchange
A
0
532
/~OSGUM SS.
yg0 sP ~'~i3
Staff Report to the
Planning Commissipn
January 13; 2003
`Item No. 9'
9a. ' CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion)
9b. CONDITIONAL USE PERMIT N0.4121 ? (Resolution) ,
(TRACKING NO. CUP 2002-04648)
SITE LOCATION ANDDESCRIPTION: '
(1) This rectangularly-shaped 4.7-acre, property has a frontage of 330 feet on the north side of
Miraloma Avenue, a maximum depth of 6T4 feet and' is located 980 feet west of the
centerline of Red Gum street (2861 East Miraloma Avenue -California Auto Dealers'
Exchange).
REQUEST:
(2) The petitioner requests reinstatement of this permit by the modification or deletion of'a
condition of approvalpertaining;to atime limitation (approved on June 21,.'1999, to expire
on January'31, 2003) to retain an automobile storage,facilitywith amodular office unit
under authority of Code Section 913.03.093:
BACKGROUND:
(3) This property is developed with an automobile storage lot and is'zoned SP94-1, DA1
.(Northeast Area Specific Plan, Development Area 1 -:Industrial Area) and`is located within
the Project Alpha Northeast Redevelopment Area. The Anaheim General Plan Land Use
.Element Map designates this property for General Industrial uses.
(4) Surrounding land uses are as follows:
Direckion Land'Use Zoning 'General Plan
'Desi nation
North Ci of Placentia N/A Ci of Placentia N/A Ci of Placentia r
East, South and West .Industrial Buildin s SP94-1/DA 1 General Industrial
(5) Conditional' Use Permit No. 4121 (to permit and retain an existing automobile storage
facilirywith a modularbffice unit) was approved by the Planning,Commisson on June 21,
1:999 and expires on January 31, 2003. Resolution No. PC99-1.10 adopted in conjunction
with Conditional Use Permit No: 4121 contains the following coriditipn of approval
"1. That subject use permit shall expire on January 31, 2003:'
DISCUSSION:
(5) Paul Kott, representing the business owner, has submitted a request for reinstatement to
'retain the automobile'storagefacllity and modular office unit. Tfte petitioner also requests
deletion of the condition of approval pertaining to a time limitation.
Sr8514ey :
.Page 1
Staff Report to the
Planning Commission
January 13;2003
Item No. 9
(7) In order to demonstrate that the findings required for the reinstatement of this use have
beery satisfied the petitioner has submitted the attached Justification for Reinstatement
which indicates'that no aspect of the operation has changed since the last approval, that:.
the physical property has'Femained(the same,'and that all conditions of approval pertaining
to the permit have been complied with.
~ ' r, „ .,~
tt ,a
ei u.:~~.
t ` r 4 ~ ' ~/ v
a t
~' ~ y ~~
a
AY~j~`j:c„~. yy ~ e f~~~4 CC (, n S~l~ W
..w. ~~ '/
nM k~r ~,..~ .' '' ~ I 1},;~ '~, i F~1 ~ !'4'.. 'ilk I K
n ~
A
s
~ ~ ~
f as ~„, 4r' `~ „ems f J~ „r ~ .?
r f ea ~ rs,'v ~s jxf.""t°1a ~~b~.`~y~ i"> i*"ss s a n ~.'±~w3~ s~h~ ,y s
„~ao~v.<. ,z,- ., ,", ,..#~r,'. -cq&"'~n~4,~.sf ?frii r.~;.''....Y-E-,'~s..,"r~.~~.~. ~.7A a;J'~.. Y.h::..,i';>
View of Subject Property from Rflfwiraloma Avenue
(8)' The Code Enforcement Division has submitted a memorandum dated December 12, 2002,
regarding the current status of the property. The memorandum documents that the
petitioner is complying with conditions of approval and a recent staff inspection indicates`.
thafthe property is being properly maintained.
~ (g) The Commission may wish to note that there have been no changes to the SP94-1, DA1
Zone standards or any other changes to the Anaheim Municipal Code that would invalidate
the findings that were the'basis for the previous approval bf this conditional use permit.
(1b) Staff has Inspected the property and has determined that the automobile storage facility is
operating as intended. Further, the operation of this facility is being conducted in a manner
not: detrimental to the surrounding neighborhood since there have been no complaints
regarding this business on file with the Code Ehforcement Division.
(11;) Regarding the petitioner's;request to delete the condition'of approval pertaining to the time
limitation, staff recommends that this permit be reinstated for a period of five (5) years, in
order to continue to monitor the operations. Based on the unique nature of this use and the
fact hat the subject property is located within the project Alpha Northeast Redevelopment
Area; staff recommends that the reinstatement of this conditional use permit'6e in
conjunction with the lease agreement that the'appllcant has with the property owner, wfiich
expires on January 31,'2006.
Page 2
Staff Report to the
Planning Commission
January 13 2003
ltem No. 9`
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the'request for reinstatement of this permit and finds no significant
'adverse environmental impactsxesulting from this request. Therefore, staff recommends
that the previously-approved Negative Declaration in`connection with Conditional Use.
Permit No: 4121 serve as the required environmentafdocumentation for this reinstatement
request upon a finding by the Commission that the Negative Declaration reFlects the'.'
independent judgment of the lead agency and that if has considered the Negative
SDeclaration ogether with any comments received during the putilic review'process and
further finding on the basis of the Initial Study (a copy of which is available for review: in the
Planningpepartment) and any comments received that there is no substantial evidence
that the project will have a significant effecton the environment.
GROWTH MANAGEMENT ELEMENTANALYSIS:,
(13) The proposed project has been reviewed by affected City departments to determine
:.whether itconforms with the City's Growth Management Element adoptedby the City
Council on March 17, 1992. Based on Citystaff review of the proposed project, it Ras been
determined that this project does not fit within the scope necessary to require a Growth
Management Elementanalysis herefore,;no analysis has been performed.
FINDINGS:
': (14) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows-that all of the following conditions exist:
(a) That: the proposed use is properly one for which a conditional use permit is
authorized by;the Zoning',Code, octhat said use is not Ilsted thereinas being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the
growth and developmentbf the area in whichit is proposed to be located;
(c) That the size and shape of the site for the proposed usesis adequate to allow the full
development of the proposed use: in a manner not detrimental to the particular area
noF o the peace, healtR safety, antl general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions imposed; if any,
wilt not be detrimental to the peace, health, safety and "general welfare of the`r
citizens of the(City of Anaheim.
(15) .Subsection' 18.03.093.040 of the Zoning Code requires that before the Commission grants
`.'reinstatement of the approval by extensibn'of any ime limitations for an additional period or
:'periods of ime, or such time limitation is deleted or modified, the applicant must present
evidence to establisfi the following findings:
Page 3
Staff Report to the
Planning Commission
January 13; 2003
Item No. 9
(a) The facts necessary to support each and every required showing for the issuance of
such entitlemenfas set forth in Chapter 18.03 exist;
(b) Said permit is being exercised substantially in the. same manner and in
conformance with' all conditions and stipulations'originailyapproved bythe approval
body;
(c) ; Said permit is being exercised in a manner not detrimental to the particular area and
surrounding land uses, nor to the public peace, health and'safety and general
welfare; and
(d) With regard only to any deletion of a time limitation, such deletion is necessary to
permit reasonable operation under thepermit as granted.
RECOMMENDATION:'
(16) Staff recommends that, unless additional or contrary information is Yeceived during the
meeting, and based upon the evidence submitted to the Commission, including the
evidence presented in this staff report, and oral and written evidence presented at the
public hearing,:. the Commission take the following actions:
(a) By motion, determine that the previously approvetl Negative Declaration is the ?
appropriate environmental'documentation for this`request.
(b) By resolution, a 'rove reinstatement of Conditional Use Permit No. 4121 (Tracking
No. CUP 2002-04648) to retain an automobile storage facility with a modular unit for
a period of five (5) years to expire on January 31, 2008, based on the following:
(i) That this permit has been substantially operated in the same manner as
originally approved by he Commission. Code Enforcement Division has
inspected the premises and has determinedthat the facility is incompliance.
with all applicable conditions of approval.
(ii) That the permit Is being exercised in a manner not detrimental to the particular
area and surrounding land uses, as evidenced by the absence of Code
Enforcement Division complaints far this property.
(iii) That there have been no changes to the applicable zone standards that would
invalidate the findings,that were the basis for the original approval of this
permit.
(c) ' Staff further recommends that the Commission amend Resolution No PC99-110 in
its entirety, to be replaced by a new resolution with the following conditions of
approval based on the finding that the modification is necessary to permit the
reasonable operation of this automobile storagebusiness:
r 1. Tftat this permit shall expire on January 31,2008.
2. That no customers or dealers shall be permitted on site, and, that no sales
shall be permitted on this property:
3. That no Special Events shall be permitted at this property.
Page 4
Staff Report to the
Planning Commfission
`January 13; 2003
Item No. 9?
4. That this storage facility shall be limited to automotive vehicles only in
conjunctioh with the'primary business; Galifomia Auto Dealers Exchange
ocated a€.1320 North Tustin!Avenue. No'other types of materials shall be `
toyed on-site.
5. That gates shall not be installed across the driveway in a manner which may
adversely'affect vehicular traffic in the adjacent public street. Ihstallatioh of any
:;gates shall conform to Engineering Standard Plan No. 609 and shall be'subject
to the review and approval of the City Traffic and Transportation Manager.
6. '.That fencing, landscaping and irrigation shall be maintained in'conformahce
with the approved pions, including the PVC slats interwoveninte the chainlink
fencing along the west, north and east property lines where any existing slats
are missing or in disrepair.
7. That any tree planted on-site shall be replaced in a timely manner in the event
that it is removed, damaged/diseased and/or dead:
8. That the owner of subject property shall be responsible for the removal of any
on-site graffiti within twenty-four (24) hours of its application, excluding
weekends.
9. That subject property shall be maintained in conformance with Engineering
Standard Plan Nos': 436 and 602 pertaining to parking standards and driveway
locations as approved by the City Trafficand Transportation Manager.
10. That trash storage areas shallbe maintained in a location acceptable to the
Public Works Department, Streets and Sanitationbivision and in accordance
with approved plans on file with said Department.
11. 'That the locations for any future above-ground utility devices including, but not
limited to; electrical: transformers, watecbackflow devices, gas,
communications and cable devices, etc.; shall be shown on`plans submitted for
buildingpermits. Plans shall also identify he specific screening treatments of
'' each device (i.e. landscape screening,. color or walls, materials, identifiers,
access points, etc.): and shall be subject to the review and approval of the
appropriate City departments::
12. That no signs what so-ever shall be permitted.
13. That a valid business license shall be maintained with the Business License
Division of the Finance Department.
14. That three (3) foot high address numbers shall be displayed on the roof of the
office in a contrasting color to the roof material. The numbers shall not be
visible to the view from thepubiic street:
15. That a maximum of twelve (12) cars per hour shallbe transported to and from
this facility; and that no transporter trucks shall be utilized in conjunction with
the drop-off or removal of automobiles'at this facility.
16. That on-site maintenance of automobiles or trucks shall not be permitted.
:Page 5
Staff Report to the
Planning Commission
January 13; 2003
Item No. 9
17. That the gates shall be closed when the business is not in operation.
+ 18. That the subject property shall be developedsubstantially in accordance with
plans and specifications submitted to the City of Anaheim by the petitionerand
which plansare on file with the Planning. Department marked Exhibit Nos. 1 2
and 3; and as conditioned herein.
19. That within 60 days from the date'of this resolution, condition no<14 above-'
mentioned, shall be complied with:
20. That approval of this application constitutes approval of the proposed request
only to the extent that if complies'with the Anaheim Municipal Zoning Code'and
any other applicable'City, State and Federaf Pegulations. Approval does not
include anyaction or findings asto compliance or approval of the:request
regarding any other applicable ordinance, regulation or requirement.
Page 6
ATTACHMENT - ITEM fJo. 9
PETITIONER'S STATEMENT
JUSTIFICATION FOR REINSTATEMENT
° Section 18:03.093 of the Anaheim Municipal Code requires that before any conditional use permit or variance containing a
time limitation can be reinstated for an additional period of time, or before such time limitation maybe deleted or modified by
the Planning Commission or Zoning Administrator, the following must be shown:
I. The facts necessary to support each and every required showing for the issuance of such entitlement as set forth in
the following excerpts from the Anaheim Zoning Code still exist:
18.03.030 (Relative to Conditional Use Permits)
Before the City Council or Planning Commission may grant any request for a conditional use permit, it must make a
finding of fact, by resolution, that the evidence presented shows that all of the following exist:
.031 That the proposed use is properly one for which a conditional use permit is authorized by this code, or is not
listed herein as being a permitted use;
.032 That [he proposed use will not adversely affect the adjoining land uses and the growth and development of
the area in which it is proposed to be located;
.033 That the size and shape of the site proposed for the use is adequate to allow the full development of the
proposed use in a manner not detrimental to the particular area nor to the peace, health, safety and general
welfare;
.034 That the traffic generated by the proposed use will nol impose an undue burden upon the streets and
highways designed and improved to carry the traffic in the area;
.035 That the granting of the conditional use permit under the conditions imposed, if any, will not be detrimental to
the peace, health, safety and general welfare of the citizens of the City of Anaheim;
18.03.040 (Relative to Variances)
Before any variance may be granted by the Planning Commission it shall be shown:
.031 That there are special circumstances applicable to the property, including size, shape, topography, location or
surcoundings, which do not apply to other property under identical zoning classification in the vicinity;
.032 That, because of special circumstances shown in .031, strict application of the zoning code deprives the
property of privileges enjoyed by other property under identical zoning classification in the vicinity.
2. Said permit or variance is being exercised substantially in the same manner and in conformance with all conditions
and stipulations originally approved by the approval body;
3. Said permit or variance is being exercised in a manner not detrimental to the particular area and surrounding land
uses, nor to the public peace., health, safety and general welfare; and
4. With regard only to any deletion of a time limitation., such deletion is necessary to permit reasonable operation under
the permit or variance as granted.
° In order to determine if such findings exist, and to assist the Zoning Administrator or Planning Commission to arrive at a
decision, please answer the following questions fully and as complete as possib{e. Attach additional sheets if additional
space is needed.
Has any physical aspect of the property for which this use permit or variance been granted changed significantly
since the issuance of this use permit or variance? ^ YES ®NO
explain: The only physical aspects of the orop~rty that hava haan rhannarl arA
those improvements that have been completed pursuant to and in conjunction
with our original conditional use permit approvals.
(over)
CUP N0.
CASE
4~zi'
2. Have the land uses In the immediate vicinity changed since the issuance of this use permit or variance?
^ YES ENO
Explain: The land use in the immediate vicinity is unchanged. It remains to
be Light Industrial zone (ML) and usage,
3. Has any aspect of the nature of the operation changed since the issuance of this use permit or variance?
O YES b]tN0
Explain: No the nature of the operation is identical to the time original
issuance commenced. __
4. Are the conditions of approval pertainipg to the use permiLor variance being complied wilh7 KL4 YES ^ NO
Explain: To the best of our knowledge we are in complete compliance with all
aspects of our conditional use permit.
5. IF you are requesting a deletion of the time limitation., is this deletion necessary for the continued operation of this use
or variance? AYES ~ NO
Explain: It is not necessary., but we would prefer to have the time limit
deleted and to have our permit in perpetuity
Paul T. Kott
Print)
1. I V~ I ll~2r ~~2
Property Owner or Aulhod d Agent Date
206225JK.000 12/97
CASE
2
-~
RESOLUTION NO. PC99-110
ATTACHMENT - ITEM N0. 9
A RESOLUTION OF THE ANAHEIM CITY PLANNING COMMISSION
THAT PETITION FOR CONDITIONAL USE PERMIT NO. 4121 BE GRANTED
FOR A PERIOD OF THREE AND ONE-HALF (3-1/2) YEARS
WHEREAS, the Anaheim City Planning Commission did receive a verified Petition for
Conditional Use Permit for certain real properly situated in the City of Anaheim, County of Orange, State
of California, described as:
PARCEL 1 OF PARCEL MAP 79-266, IN THE CITY OF ANAHEIM, COUNTY OF
ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 162,.
PAGE(S) 13 AND 14 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
WHEREAS, the City Planning Commission did hold a public hearing at the Civic Center in
the City of Anaheim on June 21, 1999 at 1:30 p.m., notice of said public hearing having been duly given
as required by law and in accordance with the provisions of the Anaheim Municipal Code, Chapter 18.03,
to hear and consider evidence for and against said proposed conditional use permit and to investigateand
make findings and recommendations in connection therewith; and
WHEREAS, said Commission, after due inspection, investigation and study made by
itself and in its behalf, and after due consideration of all evidence and reports offered at said hearing,
does find and determine the following facts:.
1. That the proposed use is properly one for which a conditional use permit is authorized by
Anaheim Municipal Code Sections 18.03.030.010, 18.110.02.0202 and 18.110.050.050.0524 to permit
and retain an existing automobile storage facility with a modular office unit.::;
2. That the proposed automobile storage is properly a use for which a conditional use permit
is authorized by the Zoning Code In Development Area 1 (Industrial. Area) of the Northeast Area Specific
Plan, and that the modular office unit is not listed therein as being a permitted use.
3. That the proposed use, as conditioned, will not adversely'affect the adjoining land uses
and the growth and development of the area in which it is proposed to be located because the outdoor
storage of automobiles will be screened from the public right-of-way by an 8-foot high block wall with a 50
foot landscaped setback.
4. That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the particular area nor to the peace,
health, safety, and general welfare.
5. That the traffic generated by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to cant' the traffic in the area, subject to the limitations set
forth in the applicant's letter of operation and the conditions imposed herein.
6. That granting of this conditional vse permit, under the conditions imposed, will not be
detrimental to the peace, health, safety and general welfare of the citizens of the City of Anaheim.
7. That the Community Development Department has determined that the request for an
automobile storage facility with ah accessory modular office unit is compatible with the goals of the Alpha
Northeast Area Redevelopment Project on an interim basis.
CR3665PK.DOC -1- PC99-110
8. That no one indicated their presence at the public hearing in opposition to the proposal;
and that no correspondence was received in opposition.
CALIFORNIA ENVIRONMENTAL QUALITY ACT FINDING: That the Anaheim :City
Planning Commission has reviewed the proposal to permit and retain an existing automobile storage
facility with a modular office unit on a 4.65-acre, rectangularly-shaped property having a frontage of 330
feet on the north side of Miraloma Avenue and a maximum depth of 614 feet and being located 980 feet
west of the centerline of Red Gum Street (2861 East Miraloma Avenue -Califomia Auto Dealers
Exchange); and does hereby approve the Negative Declaration upon finding that the declaration reflects
the independent judgment of the lead agency and that it has considered the Negative Declaration together
with any comments received during the public review process and further finding on the basis of the initial
study and any comments received that there is no substantial evidence that the project will have a
significant effect on the environment:
NOW, THEREFORE, BE IT RESOLVED that the Anaheim City Planning Commission
does hereby grant subject Petition for Conditional Use Permit, upon the following conditions which are
hereby found to be a necessary prerequisite to the proposed use of the subject property in order to
preserve the safety and general welfare of the Citizens of the City of Anaheim:
1. That the subject use permit shall expire on January 31, 2003.
2. That no customers or dealers shall be permitted on site, and, that no sales shall be permitted on
this property.
3. That no Special Events shall be permitted at this properly.
4. That this storage facility shattbe limited to automotive vehicles only in conjunction with the primary
business, Califomia Auto Dealers Exchange located at 1320 North Tustin Avenue. No other types
of materials shall be stored on-site.
5. That gates shall not be installed across the driveway in a manner which may adversely affect
vehicular traffic in the adjacent public street. Installation of any gates shall conform to Engineering
Standard Plan No. 609 and shall be subject to the review and approval of the City Traffic and
i Transportation Manager.
It 6. That PVC slats (or a comparable material approved by the Planning Department) sfiall be
` interwoven into the chainlink fencing along the west, north and east property lines where any
~ existing slats are missing or in disrepair. All slats shall be maintained in good condition at all times.
~ 7. That the roe shall be ermanentl maintained in an order) fashion b
p p rty p y y y provision of regular
landscape maintenance, removal of trash or debris, and removal of graffiti within twenty four (24)
hours from the time of occurrence.
r
8. That plans shall be submitted to the City Traffic and Transportation Manager far review and
approval showing conformance with the current versions of Engineering Standard Plan Nos. 436
and 602 pertaining to parking standards and driveway locations. Subject property shall thereupon
i be developed and maintained in conformance with said plans.
9. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation pivision, and in accordance with approved plans on file
with said Department. Said storage areas shall be designed, located and screened so as not to be
readily identifiable from adjacent sheets or highways. Said information shall be specifically shown
on the plans submitted for Planning Department and Streets and Sanitation Division approval.
CR3665PK.DOC -2- PC99-110
~ -~,
10. That a plan sheet for solid waste storage and collection and a plan for recycling shall be submitted
to the Streets and Sanitation Division for review and approval
11. That anon-site trash truck tum around area shallbe provided in accordance with Engineering
Standard Detail No. 610 and shall be shown on plans as required by the Street Sweeping and,.
Sanitation Division.
12. That any tree planted on-site shall be replaced in a timely manner in the event that it is removed,
damaged, diseased and/or dead.
13. That the locations for any future above-ground utility devices including, but not limited to, electrical
transformers, water backflow devices, gas, communications and cable devices, etc., shall be shown
on plans submitted for building permits. Plans shall also identify the specific screening treatments
of each device (i.e. landscape screening, color of walls, materials, identifiers, access points, etc.)
and shall be subject to the review and approval of the appropriate City departments.
14. That no signs what so-ever shall be permitted.
15. That a valid business license shall be obtained from the Business License Division of the Finance
Department.
16. That three (3) foot high address numbers shall be displayed on the roof of the office in a contrasting
color to the roof material. The numbers shall not be visible to the view from the public street.
17. That a maximum of twelve (12) cars per hour shall be transported to and from this facility; and that
no transporter trucks shall be utilized in conjunction with the drop-off or removal of automobiles at
this facility,
18. That the existing bollards located in the front setback area shall be refurbished and repainted.
19. That on-site maintenance of automobiles or trucks shal(not be permitted.
20. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by thepetitioner and which plans are on file with the Planning
Department marked Exhibit Nos. 1, 2, and 3; and as conditioned herein.
21. That within a period of ninety (90) days from the date of this resolution, Condition Nos. 5, 6, 8, 9, 10,
11, 13, 15, 16, 18, 20 and 23, herein 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.
22. That approval of this application constitutes approval of the proposed request only to the extent that
it complies with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not include any action or findings as to compliance or approval
of the request regarding any other applicable ordinance, regulation or requirement.
23. That within a period of ninety (90) days from the date of this resolution, the property owner shall
stripe the lotto define vehicular circulation and pave the lot where the automotive vehicles will be
stored.
24. That the gates shall be closed when the business is not in operation.
CR3665PK.DOC -3- PC99-1.10..
~1
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
June 21, 1999.
r~ __
i.. _. _ ., _~ _... ~~;~
CHAIRPERSON, ANAHEIM CITY PLANNING COMMISSION
ATTEST:
(~;;~1i;2! Sig ,~ ..'~"y?Pita $Oi0P10)
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF ANAHEIM 1
I, Margarita Solorio, Secretary of the Anaheim City Plahning Commission, do hereby certify
that the foregoing7esolution was passed and adopted at a meeting of the Anaheim City Planning
Commission held on June 21, 1999, by the following vote of the members thereof:
AYES: COMMISSIONERS: BOYDSTUN, BRISTOL, ESPING, KOOS, NAPOLES, VANDERBILT
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: BOSTWICK
IN WITNESS WHEREOF, I have hereunto set my hand this day of
1999.
SECRETARY, ANAHEIM CITY PLANNING COMMISSION
CR3665PK.DOC -4- PC99-110
ATTACHt1ENT - ITEM N0. 9
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: DECEMBER 12, 2002
TO: ELAINE YAMBAO
FROM: BILL SMALL, CODE ENFORCEMENT
SUBJECT: CONDITIONAL USE PERMIT, #4121, 2861 E. MIl2ALOMA AVE.
I inspected the above listed property in anticipation of the renewal of Conditional Use Permit
#4121.
Mr. Gazy Watson Lot #87 Supervisor accompanied on my inspection and/or provided the
information regarding the individual resolutions.
RESOLUTIONS:
1. Understood
2. There are no dealers or sales on the property.
3. There aze no Special Events ever on the property
4. Nothing other than motor vehicles are stored on the property.
5. In compliance
6. In compliance
7. In compliance
8. Thought to be in conformance.
9. No trash bins or dumpsters are being used on the property, they utilize trash cans that are.
emptied daily at the main facility at Tustin and Miraloma Aves.
10. No waste stored or collected,
11. All vehicles follow the normal one way course of flow azound the lot.
12. In compliance.
13. Thought to be in conformance.
]s#-1n compliance.
X15. hosted Business License expired in 2000.
l_L6'Mr .Watson was unaware of roof numbering requirement, and was unable to respond.
17. In conformance
18. Said to be in conformance.
19. No maintenance of any vehicles takes place.
20. Check with Planning Department
21. Unable to determine, if these requirements were met within the alloted time.
22. Did not address.
23. The parking lot has been striped.
24. Gates are always closed when the business is not opened.
Judging from the over-all appearance of the property, which is well mairifained, I would
recommend approval of renewal application.
1
CL
RESTAURANT
9&9411 CUP 1Mdl
5L5L> VACANT
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98-99-11
54-55-00
CUP 2002-04525
CUP 3980
CUP 3140
CUP 1220
CUP 1041
CUP 982
CUP 399
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V-21515
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TRACT NO. 5762
89-90-55
67-68-86
62-fi3-113
5455-7
CUP 1295
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General Plan Amendment No. 2002-00407 Subject Property
Reclassificaticn No. 2002-00087 ~ °. Date: January 13, 2003
Conditional Use Permit No. 2002-04641 Scale: 1" = 200'
Requested By: ATLANTIC RICHFIELD CO. Q.S. No. 35
GENERAL PLAN AMENDMENT ENO. 2002.00407-TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN TO
REDESIGNATE A PORTION OF THE PROPERTY FOR THE lOW DENSITY RESIDENTIAL DESIGNATION TO THE
GENERAL COMMERCIAL DESIGNATION.
RECLASSIFICATION 2002-00087 - REQUEST FOR RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE
COUNTY C-1 (COMMERCIAL) ZONE TO THE CL (COMMERCIAL, LIMITED) ZONE, OR A LESS INTENSE ZONE.
CONDITIONAL USE PERMIT N0.2002-04641 - TO ESTABLISH CONFORMITY WITH ZONING CODE LAND USE
REQUIREMENTS FOR AN EXISTING DRIVE-THROUGH RESTAURANT AND TO PERMIT A SERVICE STATION
WITH ACCESSORY CAR WASH AND CONVENIENCE MARKET WITH THE SALES OF BEER AND WINE FOR
OFF-PREMISES CONSUMPTION
WITH WAIVERS OF: (A) NONCONFORMING STRUCTURES AND USES-GENERAL
B) NONCONFORMING SIGNS AND BILLBOARDS -GENERAL
C) MAXIMUM STRUCTURAL HEIGHT ABUTTING ASINGLE-FAMILY RESIDENTIAL ZONE BOUNDARY
1201 SOUTH BROOKHURST STREET -ARCO AMIPM SERVICE STATION
534
BROOKHURST SHOPPING
CENTER
.Staff Report to the
Planning Commissioh
January,13 2003
Item No: 10
10a. CEQA NEGATIVE DECLARATION
10b. GENERAL PLAMAMENDMENT N0. 2002-00407:
10c. `%:.RECLASSIFICATION NO: 2002-00087 `;
10d.= WAIVER OF CODE REQUIREMENT ;'
10e. CONDITIONAL' USErPERMIT NO: 2002-04641 (Motion for continuance)
SITE LOCATION AND DESCRIPTION:'
(1) This irregularly-shaped, 1.7-acre property is located at the southwest comer of Ball Road and
BrookhursEStreet, having frontages of 364 feet on the south side of Ball Road and 230 feet on
the west side of Brookhurst Street (1201 South Brookhurst Street -Arco AM/PM Service
.Station).
REQUEST:
(2) The petitioner requests approval of the following:
(i) General Plan Amendment No. 2002-00407-To amend the Land Use Element of the
'General Plan to redesignate a portion of the properly from the Low Density Residential>
land use designation to the General Commeroial land use designation.
(ii) Reclassification No. 2002-00070 -To reclassify a portion of the property from the
County C-f (Commercial) Zone to the CL (Commercial; LimitedpZone, or less intense
zone.
(iii) Conditional Use Permit No. 2002-04641 - A conditional use permit under authority of
Code Sections 18:44:050.070,,18.44.050:080 and 18.44.050.195 o establish
conformity with zoning code land use requirements for an existing'drive-through
restaurant and to permit a service station with accessory car wash and convenience
market with the sales of beer and wine for off-premises consumption with waivers of:
(a)r SECTION NOS; 18.02.058.014 Nonconforming Structures and Uses
P AND' 18.03.030'. -GeneraL`(Conditionai use permit
:'required toFetain billboard; No
conditional use permitproposedJ
(b) SECTION NOS. 18.05.050 Nonconforming Sions and Billboards -
AND 18.44.050.090 Generat((Conditional use permit
required; No' conditional use permit
proposed)
(c) SECTION N0. 18.44.062.011 Maximum structural heioht abuttihg a single-
family residential zoneboundarv: (5 -foot
fiigh structural height;' 14-fooffiigh structural
height proposed.)
west sir
Page 1
Staff Report to the
Planning Commission
January 13;2003
Item No. 10
(3) Leslie Burnside, program manager foe Tait & Associates, representing Arco, lias submitted a
letter dated December 27, 2002, requesting a;continuance to the January 2T,'2003, Planning
Commission meeting in order to'allow morelime to purchase a Type 20 Beer and Wine License ?
and to revise the acoustical analysis to demonstrate compliance with the City's Noise
Ordinance.
RECOMMENDATION:
(4) That the Planning Commission, by motion, continue this item to the January 27, 2003, meeting
asrequested by the petitioner.
)
Page 2
DEC-31-20(12 09:OOAD1 FROR1-TAIT AND ASSOCIATES INC
+858 278 1525 ~ vT-D85 P.001/001 F-520
~il$' $c ASSOCI~~~Sr 1110.
Architecture • Engineering • Planning
December 27, 2002
Mr. John Ramirez
Assistant Planner
City of Anaheim Planning Depanment
200 5. Anaheim Blvd.
Anaheim, CA 92805
Re: Request for Continuance to Planning Commission Hearing of January 27, 2003
CUP2002-04641/GPA2002-D0407/MIS2002-00060/R.CL2002-000.87
ARCO am/pm, 1202 S. Brookhurst, Anaheim, CA
Dear Mr. Ramirez:
to•- ,~.
6Q. C
FtaCEiY~~
Pi.ADlDJItd6
DEFr~11Tt~EP7T
Please accept this request for a continuance to the January 27, 2003 Planning
Commission hearing. This continuance is necessary to allow for continued efforts to
purchase a Type 20 Beer and Wine license within the boundaries of West Anaheim, as
per prior agreement with the West Anaheim Neighborhood District. Additionally, an
acoustical study is being revised to demonstrate compliance of the proposed caz wash
with Ciry noise ordinances.
I can be reached at (858) 278-1161, ext. 112, if you require further information or have
any questions.
Best Regazds,
n ~-~...1
. ;
Leslie Burnside
Program Manager
Tait and Associates, Inc.
'pnginoaring Solutions to Enhance Protect Value'
9089 Clairemont Mesa Blvtl., #300 San Diego, California 92123 858.278.1161 858.278..1525 Fax
Orange County • San Francisco • Sacramento • Phoenix • Rena • Las Vegas Denver • Boise
www.tait,com
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Reclassification No. 2002-00068
Variance No. 2002-04547
Tentative Tract Map No. 16452 Subject Property
Specimen Tree Removal Permlt No. 2002-00007 Date: Jan0ary 13, 2003
Requested By: RUITSON OUYANG Q.S. No. 190
REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE RS-A-43,000 (SG)(RESIDENTIAU
AGRICULTURAL; SCENIC CORRIDOR OVERLAY) ZONE TO THE RS-5000 (SC) (RESIDENTIAL, SINGLE-FAMILY;
SCENIC CORRIDOR OVERLAY) ZONE.
VARIANCE NO. 2002-04547-REQUEST WAIVER OF MINIMUM LOT DEPTH ADJACENT TO A SCENIC EXPRESSWAY
TENTATIVE TRACT MAP NO. 16452-TO ESTABLISH A 6-LOT, 6-UNIT DETACHED SINGLE-FAMILY RESIDENTIAL
SUBDIVISION.
SPECIMEN TREE REMOVAL PERMIT NO. 2002-00007 - TO REMOVE ONE (1) SPECIMEN OAK TREE.
6161 East Santa Ana Canyon Road
522
Staff Report to the
Planning. Commission
`January 13; 2003
Item No. 11'
11a. ' CEQA NEGATIVE DECLARATION (Motion)
11 b. "RECLASSIFICATION N0. 2002-00068 (Resolution)
11c.::VARIANCE N0 2002-04547: (Resolution) ;
11d. 'TENTATIVE TRACT MAP NO 16452 (Motion) .
11 e.,' SPECIMEN TREE REMOVAL PERMIT NO.2002-00007 (Motion)
SITE LOCATION AND DESCRIPTION:
i (1) This rectangularly-shaped, 1.1-acre property has a frontage of 174 feet on the north side of
Santa Ana'Canyon Road, a maximum depth of 291 feet and is located 442 feet west: of the
centerline of Quintana Drive (6161 East Santa Ana Canyon Road).
REQUEST:
(2) The petitioner requests approval of the following:
Reclassification No. 2002-00088 - to reclassify this property from the RS=A-43,000'(SC)
(ResidentiallAgricultural; Scenic CorridorAverlay) zone to the RS-5000 (SC) (Residential,
Single-Family; Scenic Corridor Overlay) zone.
Variance No. 2002-04547 -waiver of the following under authority of Code Section
18.03;040.020:
SECTION NO; 18.04.020 :Minimum lot depth adjacent to a Scenic
Expressway. (150'feet required; 100.3 feet
-for lots 5 and 6 proposed).
.Tentative Tract Mao No. 16452- to establish a 6-lot, 6-unit detached single-family ,
residential subdivision.
'.Specimen Tree Removal No. 2002-00007- to remove one (1) specimen Oak Tree.
BACKGROUND:
(3) This property is currently developed with a single-family residence (to be demolished) and
`is zoned RS-A=43,000 (SC)"(Residential/Agricultural; Scenic Corridor Overlay). The City of '
Anaheim General Plan Land Use Element Map designates this propertyfor Hillside Low-
? Medium Density Residential land uses.
sr8528av
Page 1
Lot r,Proposed Lot; *Required Mit~irt7t{rt7 Lnt ProppSed LoEP~rea „Requiretl°Mirfimum Lot
~
Width. ,~ . ,,.~Widfi~..~,=`-, ,~` .
,~- '.. ;.~~Atea"-~
1 60 feet 45 feek ' 5,871 s . ft. 5,000 s . ft.
Page 2
Staff Report to the
Planning Commission
January 13, 2003
Item No.'11
2 55 feet 45 feet 5866 s . ft. 5,000 s . ft:'
3 =: 45 feet< 45 feet. 8,507: s . ft. 5;000 s . ft.
4 ' 45 feed 45 feet: 9,029sq. ft. 5;000 sq. ft.3
5 60 feet: 45 feet' 6,604's . ft. 5;000 s . ftr'
6 58 feet- 45 feet 6,101 s . ft. +5;000 s . ft
''Required minimum lot witlth based on'Code Section 18.27.t?61.021 pertammg to minimum building
site width for cul-de=sac and knuckle lots:
(8) The site plan (ExhibitJo. 1) indicates the development of six single-family homes with the
following characteristics:
"~rodtSetbeck ~_ SidexSetback ~ ~RearSetback._ ~ Lot
Lot ~ ~ ~ Lot9¢e Proposed(Required Proposed/Requlred~ Proposed/Required . ,; ~ ~ "Coverage
t.,
~~
F ,
°` ` Pro osedlAllowed
~.. , ~~
1 5,871 s.f. 20 feet / 15 feet 5 feet / 5 feet 23 feet / 10 feet 31 %/ 35%
2 :5,866 s.f.: 20 feeU 15 feet ' 7 feeU 5 feet 17 feeU 10 feet 33%/ 35%
3 8,507 s.f. 30 feeU 15 feet 7 feeU 5 feet 54 feeU 10 feet 23°/a/ 35%
4 '.9,029 s.f.' 28 feeU 15 feet ' 7 feeU 5 feet 63 feeU 10 feet t 21 %I 35%
5 ' 6,604 s.f. 15 feeU 15 feet 10 feeU 5 feet 29 feeU 10 feet 29°/a/ 35%
6 6,101 s.f. 20 feeU 15 feet 5 feeU 5 feet 32 feeU 10 feet ' 30°/a/ 35%
RequGed minimum front setback based on Code Section 18.04.042.040 pertaining to setbacks on
cul-de-sacs.
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View of subject property looking northwest
(9) Conceptual floor plans indicate the homes would be developed as two-story residences.
Each home would: have 4 bedrooms and 3 bathrooms with fhe first floor comprised' of one
bedroom,: one bathroom, kitchen, living room, dining room and family room, and the
second floor with. a laundry room, 3 bedrooms and:2 bathrooms. The RS-5000 zone limits
the number of bedrooms to three provided that for each additional 850 square feet of lot
area over 5,000, an'additional'bedroom is permitted.
Page 3
Staff Report to the
Planning Commission
January 13,:2003
Item No. 11
(10) Vehicular access for the proposed homes would consist of the extension of Paseo Rio
Verde to create a new cul-de-sac and the construction of driveways leading to. each
individual residence. The site plah indicates a total of 30 parking spaces; (5'per residence)
with 3 spacesprovided in a garage!and 2 open spaces adjacent to the garage for eachllot.
Code requires: a minimum of 24 spaces based on the ratio of 4 spaces per single-family
residence, 2 of which must be enclosed in a' garage.
(11) Elevation renderings indicate two-story residences with a structural height of 24.8 feet.
Code permits two-story residencesin the Scenic Corridor Overlay;Zone wither maximum
height of 25 feet. The elevation drawings further indicate that the two-story structures
would be constructed to face Paseo Rio Grande.
ENVIRONMENTAL IMPACT ANALYSIS:
(12) Staff has reviewed the proposal and the Initial Study (a copy of which is available for
review in the Planning Department)' and finds`no significant environmental impact and,
therefore, recommends that a Negative Declaration be approved upon a finding by the
Planning Commission that the Negative Declaration reflects the independentjudgmenfof
the lead agency; and that it has considered the proposed NegativerDeclaration 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
thaf the project will haven significant effect on the environment.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(13) The proposed project has been reviewed by affected City departments to determine
whether it conforms with'the City's Growth ManagemenfElement adopted by,the City
Council on March 17, 1992. Basedon City staff review of the proposed project, it has been
determined that this project does not fit within the scopenecessary to require: a Growth':
ManagemenfElementernalysis, therefore, no analysis has been performed.
EVALUATION:
(14) The Anaheim General Plan land Use Element Map designates this property for Hillside
Low-Medium Density Residential land uses, with a density range of up to 6 dwelling units
per acre. The RS-5000 Zone is the,typical implementation zone forthis designation. The
applicant proposes to reclassify this property to the RS-5000 (SC)'Zone to establish a'six
lot, six unit single-family residential subdivision. The proposed rezoning would be
consistent with the General Plan land use designation of Hillside Low-Medium Density
Residential foethis site and compatible with the existing residential"developments in the
area. Therefore, staff recommendsapproval of the reciassirication to the RS-5000 (SC)
Zone.
(15) Waiver (a) pertains to minimum lot depth adjacent to a scenic expressway (Santa Ana >
Canyon Road). Code requires a minimum lofdepth of 150 feet and the site plan indicates
theproposed lot depth would be 400.3 feet for lot Nos. 5'and 6. The applicant submitted
the attached justificationbf waiver, which states the configuration of the subdivision is
consistent with the surrounding neighborhoods that also'abut Santa Ana Canyon Road.
Staff recommends approval of this waiver because the submittal has demonstrated thaf the
proposed tract lot configuration is consistent with all other developed homes: in the
immediate vicinity.
Page 4
']
Staff Report to the
Planning Commission`
January13; 2003
'.Item No. 11
(16) Code Section 18.84.038.010 pertaining to tree preservation defines Oak trees with a trunk
measuring eight (8) inches or greater in diameter, measured at a point four(4) feet above
ground level'as a specimen tree.' The Scenic Corridor Overlay Zone permits the removal
of specimen trees sutiject to the approval of a Specimen Tree Removal Permit considered
by the Planning Commission at a noticed public hearing.
(17) Code Section 18.84.038.060 requires that any specimen trees removed shall be replaced
on the: same parcel at 2_1 ratio. The Code further specifies that replacement trees shall be
minimum 15-gallon size containers and chosen from a specified ist of replacement trees
identified inthe Code. `Should the Commission wisfi to grant this request,`staff
recommends the replacement trees be 36-inch box insize and selected from the Oak
varieties.
(18) Staff has reviewed the proposal and inspected the site to determine the possibility for
< alternative grading to create a usable pad for the residence proposed on Lot No. 5 without
impacting,the existingspecimenAak tree oh site and feels thafthe proposed development
is both reasonable and practical: Therefore, staff recommends approval of the request to
'remove one. (1) specimen Oak tree.
(19) Commission should note that staff has included a condition of approval to require review of
filial site;ifloor and elevation plans by the Commission as a "Reports and ;
Recommendation" item.
FINDINGS:
(20) When practical difficulties or unnecessary hardships result fromrstrict enforcement of the
Zoning Code, a modification maybe granted for the purpose of assuring that no property,
because'of special circumstances appticatile to it, shall be deprived of privileges commonly
enjoyed by other properties in the same vicinity and zone. The sole purpose of any
variance is o prevenf discrimination and none shall tie approved which would have the
effect of granting a special privilege not shared by other similar'propertiesr Therefore,
`before any variance is granted by the Planning Commission, iYshall be shown:
(a) That there are special circumstances applicable to the properly such as size, shape,
topography, location or surroundings, which do not apply toother identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
byotfter properties underidentical zoning classification in the vicinity.;
(21) "The State Subdivision Map Acf (Government Code, Section 6fi473.6) makes it mandatory
to include':in all motions approving, or recommending approval of a tract map, a specific
finding that the proposed Subdivision together with its design and Improvement is r
consistenf with the City's General Plan.
Further, the law requires that the Commission/Council make any of the following findings
::when denying or recommending denial of'a tract map:
1. That the proposed map is not consistent with applicable General and Specific Plans.
2. That the design or improvement of the proposed subdivision is not consistent with
applicable General and Specific Plays,
Page 5
Staff Report to the
Planning Commission
January 13;2003
Item No. 11
3. 'That the site is not physically suitable fa the type of development.
4. :That the site is not physically suitable for the proposed density of development,
5. That the design of the subdivision or the proposed improvements are likely to cause
substantial environmental damage or substantially and avoidably injure fish or wildlife
or their habitat.
6. That the design of the subdivision or the type of improvements is likely to cause
serious publichealth problems.
7. That the design of the subdivision or the type of improvements will conflict with
easements, acquired by the public at large, for access througft'or use of property within
,theproposed subdivision "
(22) Zoning Code Section 18.84.038.050 states that as a prerequisite to granting any Specimen
Tree Removal Permit, the Planning,Commission may impose conditions and'shall make
one or more'of the following findings:
'a) That principles of good forest management will best be served by the proposed.
:removal;
b) That a reasonable and practical development of the property on which the tree is
located requires'removal of the tree b~ trees whose removal is sought;
c) That the character of the immediate neighborhood in respect to forestation will not
be materiallyaffected by the proposed removal;'
d) That the topography of the building site renders removal reasonably Necessary;
e) That regard for the safety of persons or property}equires the removal.
RECOMMENDATION:`
(23) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the Planning CommissioN, including
the evidence presented in this staff report, and oral and written evidence presented at he
public hearing that the Commission take the following actions:
(a)" By motion,: aaorove a CEQA Negative Declaration.
(b) By resolution, aoorove Reclassification No( 2002-00068 (to reclassify thisproperty from
'the RS-A-43,000 (SC) zone to the RS-5000 (SC) zone) based bn the following:
(i) That the proposed reclassification of the property to the RS-5000 zone is in
'conformance with the`Anaheim General Plan Land Use Element Map
designating this property for Hillside Low-Medium Density Residential land
uses.
(ii) That the reclassification to the RS-5000 zone is complementary to the
RS-7200 and RS-5000 zoned single-family residences that surround this
property.
Page 6
Staff Report to the
Planning Commissioh`
January 13;2003
Item Nat 1
(c) By resolution, approve Variance No. 2002-04547 (to construct six single-family
residences) based`on the following:
(i) That waiver of (a) minimum of depth should be approved based on the
configuration and depth of the lots being consistent with established
development patterns in the immediate vicinity. ;
(d) By motion, approve Tentative Tract Map No. 16452 (to establish a 6-lot; 6-unit single-
:: family residential subdivisioh) since the design and improvement of the proposed'
subdivision would be consistent with the General Plan land use designation of Hillside
Low-Metlium Density Residential.
(e) By motion, approve Specimen Tree Removal Permit No. 2002-00007 to allow the'
removal of one (1) Oak specimen tree in order to construct a new single-family
residence basedcn the following:
(i) ? That a reasonable and practical development of the property on which the
single'Oak tree is located requires the removal of the tree.
(ii) That the character of the immediate neighborhood in respect to forestation
would be not 6e materially affected by the proposed removal of the one (1)
Oak tree since the tree currently exists within the interior of the property
and is not visible form the public dght=of-way or adjacent properties.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR+ADOPTION BY THE "I
PLANN ING COMM ISSION IN' THE EVENT THAT RECLASSI FICATION' NO' 2002-00086 IS
APPROVED.
1. That a preliminary title report shall be furnished to the Zoning Division showing the legal vesting of
title, a legal description and containing a'map of theproperty. ,
2. That prior to placement of an ordinance rezoning subject properly on an agenda for City Council
consideration, Condition No. 1{above-mentioned, shall be completed. The City Council may;'.
approve or disapprove a zoning ordinance at its discretion. If the ordinance is disapproved, the
procedure set forth'in Anaheim Munlclpal Code Section 18.03:085 shall `apply. The provisions or
r rights granted by this resolution shall become null and void by action of the Planning Commission
unless said conditions are complied witfi within one (1) year from the date of this resolution, or such
further time as the Planning Commission may grant.
3. `That approval of this application constitutes approval of the proposed request onlq to the extent that
it complies with the Anaheim Municipal`Zoning Code and any other applicable City, State and
Federal regulations'. Approvalidoes not"include any action or findings as to compliance or approval
of the request regarding any`other applicable ordinance, regulation or requirement
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT VARIANCE NO':2002-045471SAPPROVED.
1. That final site, elevation and floor plans far the residential structures shall be submitted to the Zoning
Divisioh for review and approval by the Planning Cammission'as a Reports and Recommendation
item.
Page 7
Staff Report to the
Planning Commission
January 13, 2003
Item No. 11 ''
2. That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire lines, shall be coordinated through the Water
Engineering Division of the Anaheim Public Utilities Division.
3. Thaf the property owner shall pay the cost of Code Enforcement inspections as often as necessary
untifthe subject property;is broughfinto compliance, or as deemed necessary by the City's Code
Enforcement Division to'gain and/or maintain compliance with State and Iocal'statutes,'ordinances
laws or regulations.
4. That prior to rendering water service, the developer/owner shall submit a set of improvement plans for
Public Utilities Water Engineering review and approval ih determining the conditions necessary for
providing water service to the project.
5. Thatall lots shall be assigned street addresses by the Building Division.
6. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division and i~ accordance with approved plans on file
with said department. Said areas shall be specifically indicated on scaled plans (showing storage and
collection areas) submitted for building permits.
7. Thaf a tract map to record the division of subject property shall be submitted to and approved by the
Cityof Anaheim and shall then be recorded in he Office'of the Orange County Recorder.
8. That; approval of this variance is contingent upon the approval of the Tentative Tract Map No. 16452
and Reclassification No.2002-00088, now pending.
9. Thatsubject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which are on file with the Planning Department
marked Exhibit No. 1, and as conditioned herein.
10. Thaf the~property owner/developer shall instaltstreet lights on Paseo Rio Verde and a bond shall tie
posted for said installation prior to issuance of building permits. The streetlights shall be installed
prior to occupancy.
11. That prior to issuance of a building permit, or within a period of one year from he date of this
resolution, whichever occurs first, Condition Nos. 8 and 10, above mentioned, shall be complied with. ' j
12. Thaf prior to final building: and zoning inspections, Condition No. 9, above-mentioned, shall be
complied with:;
13, That:approval of this application constitutes approval of the proposed request'only to the extent that it
complies with the Anaheim Municipal Zoning,Gode and any othecapplicable City, State and Federal
regulations. Approval does not include any action or findings as to'compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
Page 8
Staff Report to the
Planning, Commission
:January 13, 2003
Item No. 11
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
"AN INTERDEPARTMENTAL'COMMITTEE'AND ARE RECOMMENDED FOR'ADOPTION BY THE
'PLANNING COMMISSION IN THE' EVENT THAT TENTATIVE TRACT MAP-1645215APPROVED.
1. Prior to approval of the parcel map, the existing house shall be demolished. The legal property owner
shall obtain a demolition permit from the Building Division.
2. That the property owner/developer shall provide the City of Anaheim with an 8-foot wide public
`utilities easement behind the curb around the cul-de sac.
3. That approval of Tentative Tract Map No. 96452 is contingent upon approval of Variance No. 2002-
`b4547 and Reclassification NoP2002-00088, now pending.
4. That prior to the approval of the final map,'Reclassifioation No. 2002-00088 shall be adopted and
finalized by the City, Council.
5. That the developer shall submit street Improvement plans to the Public Works Department;
Development Services Division and a bontl shall be posted to guarantee that Paseo Rio Verde shall
'be improved in accordance witn'Standard!Plans fora local street and asapproved by the City
Engineer. 'Street plans shall include landscape and irrigation plans for the public parkway. The
improvemeht shall be constructed prior to final zoning and building inspections.
6. That prior to approval of the final map, the developer shall submit sewer improvement plans ro the
.'.Public Works Department; Development Services Division, and a bond shall be posted to guarantee
that the public sewerwill be extended to serve the development.
j
7 That the City of Anaheim sewer connection fee shal(be paid.
8. That a tract map to record the division of subject property shallbe submitted to and approved by the
City of Anaheim and shall then. be recorded in the office of the: Orange County Recorder.
9. That prior to approval of the final parcel map, Condition Nos. 1 2, 3, 4, 5; 6, 7 and 8; above-
mentioned, shall be complied with.
10. That approval of this'application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Federal
regulations. Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEEAND ARERECOMMENDED FOR'ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT SPECIMEN TREE REMOVAL PERMIT NOt 2002-
0000715APPROVED.
L That the subject property shall be developed substantially in accordance with plans: and specifications
submittedto the City of Anaheim by the petitioner and which plans are on file with the Planning
:.:Department marked Exhibit No. 1 except hat a total of two (2) minimum 36-inch boz sized
replacement trees of Oak varieties shall tie planted and permanently maintained in a healthy
oondition'on the property.
2. That the free approved for removal shall remain until a grading permit is issued for the construction
of the single-familyresidences'.
Page 9
Staff Report to the
Planning Commission
January 13 2003
Item No. 11
3. That prior to the issuance of the final occupancy permit for the flrst'single-family residence,
Condition No. ,shove-mentioned; shall be complied with.
4. That approval of this application constitutes approval of the proposed request only to the extent that it
complies with the Anaheim Municipal Zoning Code and'any other applicable City, State and Federal
regulations.'Approval does not include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
i
Page 0
ATTACHMENT - ITEM N0. 11
-- SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION:
(A separate statement is required for each Code waiver)
PERTAINING TO: Min. lot depths along scenic corridors (Santa Ana Canyon Rd.)
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Cod"e waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive a[ a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? ~ Yes _ No.
If your answer is "Yes," describe the special circumstances: $~bj ect s~ to is surrounded by single family
residential homes that also back to Santa Ana Canyon and do not meet minimum lot
depth requirement Traffic from site along with existing residential units, does not
access scenic corridor from site, but flows through secondary streets.
2. Are the specia' circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your property? X_ Yes _ No
If your answer is "yes," describe haw the property is different: NeiRhborinQ properties on existing
street do not meet min lot depth requirement Subiect site will be cul=de-sac of
existin street and not directly impact ingress or egress to scenic corridor.
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyedby neighboring
properties located within the same zone? X Yes No
If your answer if "yes," describe the pecial circumstances:
Proposed site use is simi~ar to existing and surrounding vicinity use and placing the
strict min, o ep requiremen s wi a v rse y a ec e p
pan.
4. Were the special circumstances created by causes beyond the control of the property owner (or previous property
owners)? X Yes _ No
EXPLAIN
ne
n. lot
was mast likely not in pla
ed and subiect site is the
or
on
same street.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no vaziance or Code waiver shall be
approved which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone
which i of otherwise expre ly uthorized by zone regulations governing subject property. Use variances are not permitted.
~~~~ ~~~ roe / ~ ( o a-
Signature of Property Owner or Aut onze Agent ~ ate
CONDITIONAL USE PERMITNARIANCE NO.
DECEMBER 12, 2000
VAR N0. 2oa2 - 0 4 5 4 7
ITEM N0. 12
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EUCLID SHOPPING CENTER
General Plan Amendment No. 2002-p0406
Reclassification No. 2002.00085 Suhjecl Property
Condltlonal Use PerznR No. 2002.04635 Date: January 13, 2003
Tentative Tract Map Nc. 16465 Scale: 1 ° = 200'
Requested By: TOURA #2 Q:S. No. 57
GENERAL PLAN AMENDMENT NO. 2002-00406-TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN REDESIGNATING THE
PROPERTY FRpM THE COMMERCIAL PROFESSIONAL DESIGNATION TO THE LOW-MEDIUM DENSITY RESIDENTIAL DESIGNATION.
RECLASSIFICATION N0.2O02-00085-REQUEST RECLASSIFICATION OF THE SUBJECT PROPERTY FROM THE RS-10,000 (RESIDENTIAL,
SINGLE-FAMILY) 20NE TO THE RM-2400 (RESIDENTIAL, MULTIPLE•FAMILY) ZONE, OR A LESS INTENSE ZpNE.
CONDITIONAL USE PERMIT NO. 2002-04635- TO CONSTRUCT A 16-UNIT ATTACHED RESIDENTIAL CONDOMINIUM SUBDIVISION
WITH WAIVERS OF: (A) MINIMUM PRIVATE STREET STANDARDS,
(B) MINIMUM NUMBER OF REQUIRED PARKING SPACES,
(C) MAXIMUM BTRUCTURAL HEIGHT WITHIN 150 FEET OF ASINGLE-FAMILY RESIDENTIAL ZONE,
(D) MAXIMUM SITE COVERAGE,
(E) MINIMUM LANDSCAPE SETBACK ABUTTING SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ANp
(F) MINIMUM REQUIRED RECREATIONAL LEISURE AREA.
TENTATIVE TRACT MAP NO. 16465-TO ESTABLISH A 1-LOT, 16-UNIT ATTACHED RESIDENTIAL AIRSPACE CONDOMINIUM SUBDIVISION.
1597 West Katella Avenue 523
Staff Report to the
Planning Commission
January 13, 2003 C
`:Item No. 12
12a. CEQA NEGATIVE DECLARATION (Motion)
12b. GENERAL PLAN AMENDMENT N0.2002-00406 (Resolution)
`:12c. RECLASSIFICATION NO 2002-00085 (1esolution)
'12d. WAIVER OF'CODE:REQUIREMENT (Motion)
12e.? CONDITIONAL USE PERMIT N0 2002-04635 (Resolution)
12f. !TENTATIVE TRACT MAP N0:16465 '(Motion)
12g.'CIIY COUNCIL REVIEW OF ITEMS 12b. 12c. 12d. 12e. AND 12f. (Motion)
SITE LOCATION'AND DESCRIPTION:
(1) This rectangularly-shaped, 1.07-acre property has a frontage of 150 feet on the north side
of Katella Avenue, a' maximum depth of 309 feet and is located 160 feet east of the:
centeriine'of Carnelian Street (1597 West Katella Avenue).
REQUEST:
(2) The petitioner requests approval of the following:
General Plan Amendment Na.'2002-00406 - to amend the Land Use Element of the
Generab Plan redesignating this propertyfrom the Commercial Professional designation to
the Low-Medium Density Residential designation.
Reclassification No-: 2002-00085 - to reclassify this' property from the RS-10,000
`(Residential/Single-Family) Zone to the RM-2400 (Multiple-Family) or less intense Zone.
Conditional Use Permit No. 2002-04635 = to construct a 16-unit attached residential
condominium subdivision under authorityof Code Section No. 18.32.050.045 with waivers
of:
(a) SECTION NOS:17.08.065:020 Minimum'private street standards
y (DELETED)
(b) SECTION NO. 18.06.050.0121 Minimum' number of required oarking spaces 48
parking'spaces required; 44 parking spaces
proposed and not recommended by the City
Traffic and Transportation Manager)
(c) SECTION NO. 18.32.062.012 !Maximum structural heioht within 150 feet of a
single-family residential zone(1-storypetmitted
within 50 feet of a eingle-family residential zone
boundary; 2-story dwelling units proposed 24
feet fromthesingle-family residential zone
boundary.)
(d) SECTION N0. 18.32.062:020 Maximum site covetaoe (40 percent lot
coverage permitted; 41 percent lot coverage
proposed)
sr1106cw
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Staff Report to the
+Planning Commission
January 13 2003
Item No. 12
(e) SECTION NO. 18:32.063.024 Minimum landscape setback abutting sinole-
famiiv residential development"l?D-foot wide
lahdscaped'setback required; O feet to 13:9
feet proposed along north and west property
line.)
(f) SECTION NO. 18.32.063.030 Minimum required recreational leisure area 750
:square feet per unit required fora total of 12.000
square feet;; 276 square feet per unit proposed
for a total of4_,416 square feet) i
TENTATIVE' TRACT MAP NO.16465 - to establish a 1-lot, 16-unit attached residential
:airspace dohdominium subdivisioh.
BACKGROUND:
(3) This property is developed with a vacant preschool and is zoned RS-10,000. The Anaheim
General Plan Land Use Map designates this: property for Commercial Professional land
uses.
(4) The following zoning actions pertain to this property:
(a) :.Conditional Use Permit No. 3045 (to permit an addition to an existing preschool) was
approved on August 15, 1988: Subsequent to this approval the Commission granted '
five requests for extension of time to comply with conditions of approvalbn May 21' '~
1990, September 10, 1990, September 23, 1991, August 24, 1992 and September 20,
x1993. This entitlement is no longer being exercised`and should be terminated.
' (b) ,Conditional Use Permit No. 88'(to permit a preschool) was approved by the
Commission on November 7,.1960. This entitlement is no longer being`exercised and
<'should be terminated.
(5) Surrounding land uses are as follows:
~r
Direction Land Use Zoning General Plan '
Desi nation '
'North Sin le-Famil Homes. RS-7200 LowDensi Residential
':East
Condominiums
RM-2400 Low-Medium Density
Residential
South,`(across
Katella Avenue
'.Offices
CL
General Commercial
West Sin le-Famii Homes RS=7200 :General Commercial
'GENERAL PLAN AMENDMENT REQUEST:
'(6) The petitioner requests an amendment to the Land Use Element Map of the General Plan
to redesignate this property from the Commercial Professional land use designation to the
Low-Medium Density Residential land use designation.
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January 13, 2003
tem No; 12
(7) The General Plan provides an official guide for future development within the City and is
intended to promote an arrangement of land uses, transportation services'and other public
' services, which provide orderly development and adequate provision for public
'improvements. Since the initial'adoption of the General Plan, the Planning Commission and
City Council have viewed the General Plan as being flexible with the specified ranges, This
idea is reflective of tfie introductory text ofdhe General Plan text; which reads as follows:
°The Anaheim Genera! Plan is not a precise plan and does not show, nor intend to show,
the exact land use pattern which will in fact occur. Instead, it indicates the`general location
ibf land uses and the: interrelationships of various land use patterns as shown on the
General Plan Land Use Map. The Plan constitutes an expression of current City objectives,
principles,(standardsgroposals and policies and provides a basis from which decisions
i relating to specific7and use proposals can be made."
(8) The following is a comparison of the existing Commercial Professional laid use designation
'and the proposed Low-Medium Density Residential designation:
'ADOPTED GENERAL PLAN F~CISTING
Land Use Approxi Typical Density Range Potential Dwelling ' Estimated
Designation mate Implementati (DU'sper Gross ' Units (Avg. -Max.).:: Average Daily
Acres on Zone Acre) Trips((ADT)
Av . o Max.
Gommercial t.07 CO N/A N/A 257
Professional
(9) The existing Commercial Professional land use designation is intended to,'specify those
`areas where a strong trend for the development of unified centers is evident and where
policies have been established;in connection with zoning cases for the development of
professional office facilities. Commercial-Professional uses areless dependent upon walk-
in trade tfian are most commercial developments. Typical commercial professional uses
`include medical, dental and legal offices.
APPLICANTS PROPOSAL EXHIBIT A
Land Use Approxim ;Typical Density Range Proposed Dwelling' Estimated
Designation ate Acres Implementati (DU's per Units Average Daily
on Zone Gross Acre) Avg. ,to Max. Trips (ADT)
Av . o Max.
Low- ' 1.07 RS-5000 ` 0' to 8.7 7 - 9 67-86
Medium RM-3000 0-14.5 12 -16 96=128
Density:. RM-2400. 0-18 14 -19 112-152
Residential
(10) The proposed Low-Medium Density Residential land use designation is intended to`provide
'for and encourage tYie development ofdetached, small-lot single-family homes,
`condominiums, townhouses, and apartments not exceeding the maximum density range as '
;prescribed by the General Plan'and zoning. This designation is typically: implemented by
the RS-5000 (Residential, Single-Family); RM-3000 and RM-2400 (Residential, Multipie-
' Family) zones. The Low-Medium Density. Residential land use: designation would permit a
"theoretical maximum of up to`19 units afa density of 18 dwelling units per gross acre for
his property.
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Staff Report to the
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January 13 2003
Item No. 12
(11) Staff believes that the Low-Medium Density Residential land use designation is appropriate
forsthis property as a cdntinuation'bf the adjacent condominiums.to the east and an
appropriate transition from the single-family neighborhood to the west.
DEVELOPMENT PROPOSAL
(12) The petitioner proposes to develop this parcel as a 1-lot, 16-unit attached condominium
subdivision. The tentative map and site plan: (Exhibit No;1) indicate that access to the
deyelopmenfwould beprovided by a private street from Katella Avenue. Each residence
would include: atwo-cargarage and 12 parking spaces would be provided along the west
side of the private street. The private street would provide vehicular access: to the garages,
which are located wlthih-four separate paved eourlyards. Sldewatks are nofproposed'within
the development. No entry gates are proposed.
(13) Plates show two condominium buildings separated by a 10 foot wide landscaped common
recreational leisure area: There are two u-shaped buildings attached to makeup each of
proposed buildings. Each u-shaped building is designed with four units. The: site plan`also
shows sidewalk on the east side of the private street, adjacent to he units.
Plans indicate the following projecticharacteristics:
.:Code Standards s Coda Regwrements` `Proposed Project,
Densi 19 units 18 DU's er acre 16 units 15 DU's er acre
Lot Covers a 40 eroent maximum 41 eroent
` 1-story permitted within50 feet 2-story dwelling unitsproposed
Structural height of asingle-family zone 24 feet from he single-family.;:
bounds zone bounds
'Parking Spaces 48 parking spaces; 44 parking spaces,'
32 s aces covered:: 32 s aces covered:
Setback adjacent to Katella Avenue 20 feet landscaped; one tree 20 feet landscaped planter with
er 2011near feet 8 trees ' 5 trees
'Setback adjacent to north properly Ilne 20 feet landscaped; one tree 24 feet landscaped planter with
sib le-famil homes er 26linear feet 8 ees 3 trees
'Setback adjacent to east property,line 10 feet; no landscaping required 10 feet
a artment com lex
`Setback adjacent to west property line 20 feet landscaped; one tree 13.9 feet landscaped planter'
sin 1e-famll homes ` er 20 linear feet i6 Vees with 6 trees
Recreational Leisure area 12,000 square feet total -.750 4,416 square feet total -
s uare feet er unit:: 276 s ware feet er unit
-` Attached, detached and semi-attached wnd omintums are permitted in the RM-240 0 Zone,.subJect to the approval of a
`condltlonal use permit and are further aubtect to ftte site development standards of the RM-3g00 CodeSectlon.
(14) The floor plan (Exhibit No. 1) indicates all units are two-story, 3 bedroom, 2.5 bathrooms
units ranging;in size from 1,444 to'1,659 square feet. All units have an identical first floor
with a 2-car garage, kitchen, living/dining room, and half bath. Plans show the second floor
bf each uniPwith 3 bedrooms,: 2 bathrooms ahd a walk-in closet. The second floor of the
froht units (adjacent to the private street) differ from the back units (adjacent to the
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Staff Report to the
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January 13, 2003
Item No.' 12
condominiums to the east) by having a family room on the second floor. Entrance to the
"units is gained from the garage br the living room. The floor plan also shows apatio-and
balcony for each of the units. Code required a minimum of 950; square feet for three=
tiedroom units.
(15) The elevation plan (Exhibit No.1) shows the west (front) elevation of the units to face he
'covered parking area. Vehicular and pedestrian access to the units is gained through a
..tunnel-like'courtyard. The elevation shows'arches above the driveways which lead into the
u-shaped condominium buildings. The architectural design differs for each of the four-plex
'units. The'different features include square and multi-paned windows, window banding,
fiorizontal siding, decorative masonry work', alternating roof materials, and;slightly different
'detail for each driveway entrance. Plans for the north, east and south building elevations
were not submitted. "
ENVIRONMENTAL IMPACT ANALYSIS:
(16) Staff has reviewed the proposalland the Initial Study(a copy of which is available for`review
in the Planning Department) and finds nolsignificant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Planning
Commission that the Negative<Declaration reflects the independentjudgment of thelead
agency; and that it has considered the proposed Negative Declaration together withany
commentsireceived during thepublic review process'and further finding oh the basis of the
:Initial Study and any commentsfreceived that there is no substantial evidence that the
project will"have a significant effect on the environment.
GROWTH MANAGEMENT ELEMENTANALYSISs
(17) The proposed project has been reviewed 6y affected City departments to determine`
!whether ifconforms;with the,City's Growth Management Element adopted. by the City
'Council on March 17 1992. Based on City staff review of the proposed project, it has been
'determined that this: project does not fit within the scope necessary to require a Growth
Management Element analysis,: therefore;' no analysis has been performed.
EVALUATION:
(18) The petitioner requests to rezone the property from the RS-10,000 Zone to the RM-2400
'zone. The?requested rezoning would be compatible with the proposed Geheral Plane:
'designation of Low-Medium Density Residential. Staff feels that the RM-2400 is compatible
'with the adjacent condominiums to the east and an appropriate transition to the single-
family homes to the north and west.
(19) Waiver (a)' pertains to minimum private street standards. This waiver has.: been deleted.
(20) Watver (b) pertains to minimum number of parking spaces. Code requires a total of 48
'parking spaces based on a ratio of three spaces for each three-bedroom'unit. Of these
spaces,32 spaces must be covered and 12 spaces must be readily accessible and marked
for guest parking. Plans indicate a total 0844 parking spaces, 32 spaceswithin garages
rand 12, spaces on one side of the private. drive (along the west property line). The Traffic
Engineering Department has reviewed a parking letter (see attached) that was submitted
by the applicant. Staff feels that the minimum number of spaces required is necessary for
the adequate development of the property and feefs'that the project should be resubmitted
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Staff Report o the
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January 13 2003
Item No. 12 '
to show the required number of parking spaces. Based on the recommendation of the. City
Ti-affic and Transportation Manager, staff recommends denial of his waiver:
(21) Waiver (c) pertains to maximum structural height within 950 feet ofsingle-family zone,
Code limits the height of multiple-family structures to one-story within 50 feet of a single-
family residential zone boundary. Further, Code permits two-storyibuildings `no closer than
50 feet provided that plans indicate no visual' ihtrusion upon the single-family residential
zone boundary. Plans indicate atwo-story building within 24 feet of asingle-family
residential zone to the north and150 feet from the single-family zone boundary along the
west property ine. The intent of this section, requiring a greater setback from'thesingle-
family boundary, is to insure that a higher density/attacfied product does not ihtertere on
theprivacy or enjoymentof the adjacent single-family neighborhood. The proposed plan
shows an eight-unit, two-story condominium building setback 24 feet from asingle-family
zone boundary. Staff does not feel: that 24 feet is adequate to provide for anon-intrusive
living environment between asingle-family residence and atwo-story eight-unit
condominium buildingt herefore, staff recommends denial of this waver.
(22) Waiver (d) pertains to maximum lot coverage: Code permits a maximum site"coverage of
40 percent forattached,'detached or semi-attached one'family dwellings in the RM-2400
zone. Plans indicate a site coverage of 41 percent, which does include the area of living
space that extends over: the driveway entrances. Standards such as lot coverage were
designed to assure that ~esidential'projects provide a desirable living environment by not
overbuilding the site. Staff feels this waiver sfiould be denied because hardship is not
evident on this property and because the deviation is minimal.
(23) Waiver (e) pertains to minimum Iahdscape setback abutting asingle-family residential ! j
development.: This project abuts single-familyhomes to;the west and north property lines;
Code requires a minimum 20 foot landscaped. setback with trees planted 20 feet on center
fora total of`16 trees along the west propertyline and 8'trees along the northproperty tine.
Plahs indicate(a 13.9-foot wide lantlscape setback with 6 trees along the west propertytine
andsa 0 to 24;foot wide landscape setback with 3 trees along the north property line. Plans
! indicate that parking spaces are located within the required 20-footlandscape setback
adjacent to the single-family homes to the west and the trash truck umarountl encroaches
into the required landscape setback along the north property line. The applicant states that
thiswaiver should be approved because the property depth and width create'a design
I ha~tlship. The intent of he required landscape sethack is to buffer more massive, higher
density attached housing from single-family neighborhoods. Further, the lot configuration is
noEn•egular ifi size orshape and is similar to adjacent lots to the east. Staff recommends
denial of thiswaiver.
(24) Waiver (f) pertains to minimum required recreational leisure area. Code requires 750
square feet of recreational leisure'area per unit (12,000: square feet total) and' plans
' indicate 276 square feefof recreational leisure area perunit for a total of 4
496 square feet
,
provided by open common areas; balconies and ground floor patios. Plans indicate that
leisure area isprovided by open common areas to the north and center of the property'(in
between the two buildings). Code does not allow front setback areas (adjacent to an arterial
highway) to count toward the minimum open'space requirement; therefore, the landscape
area along Katella Avenue is not calculated as proposed eisure area. Plansiihdicate
ground floor patios for all units, which are proposed at 99 square feet to 160square feet.
Code requires that ground floor patios shall not be less than 200 square feetwith the least
dimension of 10 feet; therefore the!proposed'ground floor patios do not meet the minimum
requirementsand are not calculated as recreational leisure area:Plans indicate balconies
forali units, which are proposed at 87 square feet to 120 square feet. Code requires that
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Staff Report to the
'Planning Commission
January 13, 2003
ttem No. 12
balconies shall not beless than 50 square feet with the least dimension of 5 feet; therefore
ahe proposed balconies meet the minimumistandards and are calculated as recreational
leisure area. Staff feels that this waiver reflects poor'eite designand the project should
provide foc and promote leisure'area by way of useable balconies, patios end outdoor`
areas. Staff feels that greater leisure areawould provide for a more livable project and
'recommends deniafbf this waiver.
(25) Staff is supportive of the general plan amendment and rezoning to permif~esidential
:.condominiums on this properly.:. However, tall would like the opportunity. to work with the
applicant on eliminating some of the waivers and enhancing the design ofahe project to
!promote greater livatijlity. Theproject as currently designed does not meet the level of
,'quality the`Commission has been approving for similar development proposals.
Specifically, staff has the following design,concems:
There is very little useable open:. space/rec~eatlon area for future residents.
The main entries to the units are not welcoming and awkward. Units closest to the east
:;property line are accessed through the parking garage. There is no landscaping tp buffer
he units: closest to the privatedrive from he pavement.
The project design uses the garages as part of the "podium" or deck on which the units are
;placed creating a large amounfof buildingmass andipaved area.
The number of waivers is excessive and is reflectivebf the project's design.
FINDINGS:
(26) .When practical difficulties or unnecessary hardships result from strict enforcement of the
Zoning Code, a modification may be granted for the'purpose of assuring that no property,
'because pf special circumstances applicable to it, sfiall be deprived of privileges commonly
`enjoyed by other properties in ahe same vicinity and zone. The'sole purpose of anyor code
r'waiver is-to prevent discrimination and none shall be approved which would have the effect
of granting a special privilege not shared`by other similar properties. Therefore, before any
`or code waiver is granted by the Planning Commission, it shalfbe showni
(a) That there are special circumstances applicable to the property such as size, shape,
topography, location or surroundings, which do not apply to other identically zoned
properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges enjoyed
by other properties under identicai'zoning classificationin the vicinity.
(27) Before the Planning Commission grants any conditional use permit, it must make a finding
of fact that the evidence presented shows that all ofahe following conditions exist: i
(a) That the proposed use is properlyone for which a conditional use permit is
authorized,by the Zoning Code, or that said use is not fisted therein as being a
permitted use;
(b) That the proposed use will not adversely affect the adjoining land `uses and the
`growth and development of the area in which it is proposed to beJocated;
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Staff Report to the
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January 13;2003
Item No. 12
(c) That the size and shape of the site for he proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to the p'articulararea
nor to the peace,' health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden'.
upon the streets and highways designed and improved to carry the traffic in the
area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
(28) 'The State Subdivision Map Act (GovernmenfCode, Section 66473.5) makes it mandatory
to'ihciude in all motionsapproving,'orrecommending approval of a tract map, a specific
finding that the proposed Subdivision together: with its'design and improvement is
consistenfwitft the City's General Plan.
Further, the law requires that the Commission/Council make any of the following findings
when denying'or recommending denial of a tract map:
1. ! That the proposed map is not consistent with applicable General and Specific
Plans.-
2. That the design or improvement of the proposed. subdivision is not consistent with
applicable General and Specific Plans.
3. That the site is not physically suitable,for the type of development.
4. That the site is not physically suitable for the proposed density of development'r
5. That the design of the subdivision or the proposed improvements are likely to
~ causesubstantial environmental damage or substantially end avoidably injure fish
or wildlife or their habitat. r
6. That the design of the subdivision or the type of improvements is likely to cause
I serious public health problems.
7. That the design bf the subdivision orthe type of improvements will conflict with
easements, acquired by the public of large, for access through or use of property
~ withinthe proposed subdivision."
RECOMMENDATION:
(29) Staff recommends that unless additional or contrary information is received during the
meeting, and based upon the evidence submitted to the PlanningCommission, including
the`evidence presented in this staff,report, and oral and written evidence presented afthe
public hearing{ that the Plannino Commission"; by motion; continuethis reeuest to the ;
February 10;2003. Plannino Commission meetino in order to redesion to promote a more
'-livable oroiectby eliminatino Codewaivers and addressing condems mentioned througftout
this`reoort.
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Staff Report to the
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January 13, 2003 <'
Item No. 12
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN`INTERDEPARTMENTAGCOMMITTEEAND ARE RECOMMENDEDFOR ADOPTION BY THE
PLANNING COMMISSION W THE EVENT THAT THIS RECLASSIFICATION 1S'APPROVED.
1. That approval of Reclassification No.'2002-00085 is contingent upon'approval of General Plan
Amendment No:' 2002-00406 by the City Council.
2 - That prior to introduction ofian ordinance rezoning subject`property, a preliminary title report shall
be furnished to the Zoning Division showing the'iegal vesting of title,: a legal description and
containing a map of the property.
3. That prior to placement of an ordinance rezoning subject property on an agenda for City Council
consideration, Condition fJo. 1 and 2'above-mentioned, hall be completed. The City Council
may approve or disapprove a zoning ordinanceat its discretion. If the ordinance is disapproved,
the procedure set forth irzAnaheim Municipal Code Section 18.03.085 shall apply. The provisions
or rights granted. by this resolution snail become null and void by action of the Planning
Commission unless said oonditions are completed within one (1) year from the date of this
resolution, or such further ime as the Planning Commission may grant.
4. ' That approval of this application constitutes approval of the proposed request only to the extent
that if oomplies'with the Anaheim Municipal Zoning Code and any other applicable City, State and
Federal regulations. Approval does not includeany action or findings as to compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN1NTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED!FOR ADOPTIOMBY THE
PLANNING COMMISSION IN THE EVENT THAT CONDITIONAL USE' PERMIT NO?2002-04635 1S
APPROVED.
1. That the developer shall plant 24-inch box sized Liriodendron Tulipifera Vees oh 40-foot centers
in the parkway. `Minimum width of parkway/tree wells shall be 5 feet. The entire parkway shall be
irrigated by a system supplied from tfie development and'said information shall be shown on
plans submitted for building permits.
2. ' That gates shall not be installed across any driveway or private street in a manner which may
adversely affectvehicular$raffic in the adjacentpublic street. Installation of any gates shall
conform to Engineering Standard Plan No. 609' and all driveways on Kateila Avenue shall be
constructed with ten-foot radius curb returns as required. by City Engineering Standard 137, Said
requirements shall be subject to the review and. approval of the City'Traffic and Transportation
Manager. Saidinformation shall be specificallyshown on'plans submitted forbuilding permits.
3. '' That an on-site"trash truck. turn-around area shall be provided per Engineering Standard Detail
No.'610 and maintained #o the satisfaction of the Public Works Department, Streets and
Sanitation Division. Said. turn-around area shall be specifically shown on plans submitted for
building permits:
4. ' That the property owner/developer shall install street lights on Katella Avenue'and within the
:.project as required. by the. Electrical. Engineering Division.? A bond for the installation of the street
lights'shall be posted withthe City of Anaheim prior to issuance of building permits. The'street
lights shall be installed prior to occupancy.
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Staff Reportto the
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January 13 2003
Item No. 12 :
5. That any. required relocation of City electrical facilities shall be at the developer's expense. That
landscape and/or hardscape screening of all pad-mounted equipment shall be required and shall
be shown on plans submitted for building permits.
6. That thelegal property owner shall submit a letter to the Zoning Divisionrequesting termination of
Conditional Use Permit Nos. 88 (to permit a preschool) and 3045 (to permit an addition to an'
existing preschooq to the Zoning Division.
7 =That the locations for future above-ground utility devices including, but nok limited to, electrical
transformers, water backflowdevices, gas, communicationsand cable davices, etc., shall be
shown on plans submitted forbuilding permits. Plans shall also identity he specific screening
treatments of each'device (i.e landscape screening, color ofwalls, materials, identifiers, access
points, etc.) and shall be subject to the review and approval of the appropriate City'departmants.
8. That all backflow equipment shall be located above ground outside of the street setback area in a
manner fully screened from all public streets. Anybackflow assemblies'currently installed in a
vault shall be brought up to current standards. Any other large water system equipment shall be
installed to the satisfaction of the Watec,Engineering Division in either underground vaults or`
outside of the street setback areas in a manner fully screened. from all public streets and alleys.
Said information shall be shown on plans and approved by Water Engineering and Cross
Connection Controli fnspectorbefore submittal for building permits.
9. That since this project has lantlscaping area exceeding 2,500 square feet, a separate irrigation
meter shall be installed and sfiall complywith City;Ordinance No. 5349 and Chapter 10.19 of the
`Anaheim Municipal Code. Said information shall be shown on plans submitted for building
permits. i j
10. That trash storage areas shall be provided and maintained in a location acceptable to the Pu61ic
!.Works Department;: Streets and Sanitation Division'and in accordance with approved plans on file
with said'Department. Said storage areas shall beiJesigned to be architecturally compatible with
the design of the residences, located and screened: so as notto be readily identifiable from
adjacent, streets or highways. 'The walls of the storage areasshall be protected from graffiti
.;opportunities by tha'use of plant materials such as minimum 1-gallon size clingingvinesipianted
on maximum 3-foofkenters or tall shrubbery. Said information shall bespecifically shown onthe
plans submitted for building permits for Planning Departmentand Public.Works Department,
I Streets and Sanitation Division approval:
11. That a plan sheet for solid waste storage, collection and a plan for recycling shall be submitted to
the Public Works Department'Streets and Sanitation Division for review'and approval.
12. That roll-up garage doors shall be shown on plans submitted for building permits. Said doors
shall be installed and maintained as shown on submitted plans.
13. That all air conditioning facilities and other ground-mounted equipment shall be properly shielded
from view: and the sound buffered from adjacent residential properties. I Such information shall be
specifically shown on the plans submitted for building permits.
14. That ail plumbing or other similar pipes and fixtures located on the exterior of the building shall be
i fully screened by architectural' devices and/or appropriate building materials. Said'inforrnation
shall be specifically shown on the plans submitted for building pemtits. >:
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Staff Report to the
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January 13, 2003
-Item No.'12
15. That the property shall be permanently maintained in an orderly fashion by providing regular
landscape maintenance, removal of trash or detiris, and removal of graffiti within twenty-four (24)
hours: from timeof occurrence.
16.1 That clothes washer and dryer hookups shall be incorporated into each condominium dwelling
unit and shall be hown on` a plansaubmitted,for building: permits.
17. ! That a final landscape and 'irrigation plan for subject property shall be submitted to the Zoning
Division for review and approval. Said landscape plans shall show minimum 24-inch box sized
trees shrubs, groundcover and vines to be planted in layers in common areas and trees on
maximum 20-foot centers along the north and west property lines antl adjacentto Katella Avenue.
Any decision made by theZoning Division regarding said plan may be appealed to the Planning
Commission and/or City Council. Ali trees shall'be properly and professionallymaintained to
ensure mature, healthy growth.
18. That this Conditional Use Permit is granted subject to adoption of a zoning ordinance in
connection with Reclassification No2002-00085 and the'recordatiorr of Tentative Tract Map No.
16465, now pending.
19. ? That prior to application for water meters, fire line or submitting the water improvement plans for
approval, the developer/owner shall submit to the Public Utilities Water Engineering Division an
estimate of the maximum fire flow rate and maximum dayand peak hour water demands`for the
project. This information will be used. to determine the adequacy of the existing: water system to
provide the estimated water demands. Any off-site watersystem improvements required to serve
the project shall'occur in accordance with Rule No. 15A.6 of the Water Utility Rates, Rules and
Regulations.
20.' That all requests for new water services or fire lines, as well as any modifications, relocations, or
abandonment of existing water services and fire limes, shall be coortlinated through Water
Engineering Division of the Anaheim'Public Utilities Department.
21. That prior to rendering water service,'water improvement plans shall be submitted to the Water
Engineering Division for review and approval and a performance bond in the amount approved by '
the City Engineer and approved City Attorney shall be posted with the City of Anaheim.
22: That the streets, sanitary sewers, and storm drains within the development shall be privately
maintained.
23.: That final elevation plans shall be submitted to the Zoning Division for review and approval
showing additional architectural enhancements incorporated into the'project. Any decision by the
Zoning Division=may be appealed to the Planning Commission as a t2eports and
Recommendations item.:`
24.' That subject property shall be developed substantially in accordance;with plans and
specifications submitted to the City. of Anaheim by the petitioner and which plans are on file with
the Planning Departmentmarked Exhibit No. 1, and as conditioned herein.
25i That prior to issuance of a building permit, or within a period of one (1) year from the date of this
resolution; whichever occurs first, Condition Nos. 1, 2, 3; 4, 5, 6, 7; 8, 9, 10, 1 , 12, 13, 14, 16,
17,.18, 19, 21,`and 23, above-mentioned, shalibe complied with. Extensions for further time to
complete said conditions maybe granted in accordance with Section 18.03.090 of the Anaheim
Municipal Code'.
.Page 11c
Staff Report to the
Planning Commission
'January 13,2003
Item No. 12
26. ,That prior to final building and zoning inspections, Condition No. 24, above-mentioned, shall be
complied with.
27. !That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any othec;appiicabie City, State and
Federaf regulations. Approval does not include any action or findings as to compliance or _'-
approvalbf the request regarding any other applicable ordinance, regulation or requirement:'.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE'ANDARE RECOMMENDED FOR ADOPTION BY THE'e
PLANNING COMMISSION IN THE EVENT: THAT TENTATIVE TRACT MAP' NO 16465'1S APPROVED
1. That, a maintenance covenant shall be submitted to the Subdivision Section and approved by the City
Attorney's office. The covenant shall include provisions for maintenance of common area landscaping,
perimeter walls and private facilities, including compliance with approved Water Quality Management
,Plan and a maintenance exhibit The covenant shall be recorded concurrently with the final map;
2. That ail existing structures shall be demolished. The developer`shall obtain a demolition permit from
She Building Division.'
3. That the developer shall submitstreet improvement plans to the Public Works Department,
Development Services Divisiomand a bond shall be'posted to'guarantee that Katetla Avenue shall
be improved in accordance with' a Circulation Element and as.approved,by the City Engineer: The
improvement shall be constructed prior to final building and zoning inspection.
4. That all condominium units shalt be assigned street addresses and that the street name for the private
street (if requested by the developer or required by the'City) shall be submitted to and approved. by the
I Building Division.
5. That prior to approval of the final map or grading plan, whichever occurs first
the developer shall'.
,
submit a Water Quality Management Plan (WQMP) specificelly identifying,the post construction best
management practices that will be used on=site to control predictable pollutants from stormwateis runoff.
The WOMP shall be submitted to the Public Works DepartmentbevelopmantServlces Division for
'
I Feview and
approval. >
6. That a tract map to record the division of subject property shallbe submitted to and approved by i ;i
the City ofAnaheim and shall then be recorded in the Office of the Orange County Recorder.
~ 7. That the approval of Tentative Tract Map No. 16465 is granted subject to the approval and
finalizationi of Reclassification No. 2002-00065 and General Plah Amendment No. 2002-00406, now
;pending.
8. That the City of Anaheim sewerconnection fee shallbe paid.
9. That the legal property owner shall irrevocably offer to dedicate to the City;of Anaheim (Water
Engineering Divisign);an easement twenty (20) feetin width for water service mains and/or an
easemenffor large meters and'other public water facilities.
10. That the legal property owner shall provide the City of Anaheim with a six to eight foot wide (exact
.width will vary with design) public utilities easement.i Said easement sfiah be subject to the electrical
utilities design for pad-mounted: equipment: Said easement shall be submitted to the City of
:'Anaheim prior to connection of electrical service.
Page 12
l
Staff Report to the
'Planning. Commission
January 13 2003
Item No; 12
11. That prior to final tract map approval, Condition Nos.1, 2, 3, 4, 5, 6, 7, 8, 9 and 10, above-
mentioned, shall be complied with.
12. That approval of the proposed`request only to the extent that it complieswith the Anaheim
Municipal Zoning Code and any other applicable City, State and Federal regulations. Approval
does nofinclude any action or findings as to compliance or approval of the requestYegarding any
other applicable ordinance, regulation or requirement.
Page 13
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01/02/2003 12:08 949-262-3246 MM LLC~CA~~~~~~ ~ ~~~~ ~~V~~,qs PAGE 01
°6' o~\
~1 \
RECEI ED °
Pt,pNNIN6 ~, ~
T A L _ THE l
~ ~
Oc El 9' ~=/
January 2, 2003
Mr. Alfred Yalda
Traffic Engineer
City of Anaheim
Rc: CUP 2002-04635
Dear Sir:
We aze hereby requesting a waiver of item (b) minimum number of
required parking spaces on CUP 200204635 cif four (4) parking spaces for the
properly located at 1597 West Katella in the City of Anaheim.
If this waiver does not meet your approval we are prepared to provide the
additional parking spaces that you are requiring. ~d~
Thank you for your consideration
Very truly yours,
7
9/ ~~®o
M. Bdaiwi
President of G.P.
3972 BARRANCA PARKWAY STE. J-425, IRVINE, CA 9260fi
zH'd 'RilOl
- '}
.` ,
CTTX OF ANAI;IEIIVI CALIFORNIP,
Planning Department
NOTIx'ICATION OF PROPOSER RESIDENTIAL DBVELOPMCENT
Date: / O "- f ~ - ~ ~-
•.
An appticatiott leas been sobmittod to the City of Anaheim Planning Department to construct a
._.L_-unit resideotinl project at:
~S9 ~ •. ~/ kAT~ c.~~
(Number) (Street)
/-~I/Aff l~l1 92poZ
1
(~ti')
(Zip Code)
^ Apartment Project
Condominium Projec[
^ Single-family residetttinl
The aforementioned project is scheduled to be reviewed at the Planning
Commission hearing. Approvn]/denlal or continuance of the development will be determined at the .
pub]ic•heariag.
Please attach any comments you may have concerning the proposed development and sign this form
so that the Planning bepartment is assured that the School District has been properly noti#ied of this
project. If you have nay questions chat cannot be addressed by the applicant, please feel free to
contact our office at (714) 765-5139.
(AUfhorlaed District Representative) (Dot
Anaheim.ilnf~on High School District
(School District)
Coitlments' The project is 7.ocated within the attendance boundaries of Loara
]liyh School and Ball Jr Bil;h•School Presently both schools are operatinz
beyond their existing capacities_ However the protect wrill have no overall
impact on the Anaheim Daion 13igh School District if-the appropriate developer
fees required by lava are paid prior to protect approval.
--. City o[Anaheim Planning Departmen[
200 South Anaheim BatJevard
P.O. Boz 322? x ~ •
' Anaheim, CA 91803 •' ~ ,
Phone (71d) 765-5139 FAX (714) 765.5180
doananVts~KhmWstly
• CUP N0. 20D2 ' 0 4 b 3 F
----- -- --• =~haan G~aN1snH (ISHf1FJ WO?Jd I2:Ei zOaZ-BZ-1~0
Oct-18-02 16:24 From-ANAHEIM ~ 'SCHOOL FAC AND OPERATIONS 7145178768 .~ ~~
i
T-711 P.01/01 F-D58
NA~'$FICATION OF 1'TtOPOSED ]RESIDEIV'd'IAL DEVELOPiV1ENT
Datc: / D - /j - o Z
An appUcation has be¢n subntltted to the Clty of Anuheltn Pluuufug Department to construct a
-unit resid¢ntial project at:
~5Q ~ ~/. kATo L t-~ ~ Apartment Project
(N/amber) (Street) q d p~'/
nl~'A~j~~ /2pOZ +-~ CondomluiuuiPruject
(City) (tip Code) ^ Sin®le-family residential
The aforementioned project is scheduled to be reviewed at the Plnnning
Commission boating. Approval denial or continuance of the development will be determined at the .
publiehearing-
Please attach any comments you may have concerning the proposed development and sign this form
so that the)Planning Department is assured that the School District has been properly notiiled of this
project. D Yon have any questions that cannot be addressed by the applicant, please feel free to
contact oar of'Fice at (714) 765-5139.
lb ~ t~ t7Z
(Date)
Comments• ~ OY~ ~
a,n,i,agm~,amoia,w
City oCAnahelm Planning Department
zODSonthAnahnimBnulnvmd
P.O. Box 3222 ~. ,
Anaheim, CA92803
Phone (714) 76&5139 FAX (714) 7fi5-5280 •
CUP N0. 2002 - 0 4 b 3 5
~r.a4.Q.t1.., c i -tom S c1-~~v (_ 17is~'.
(Schaal District) _ _
.. ' ;~
SECTION 4
PETITIOI~rER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAVER OF CODE SECTION:
PERTAINING TO:
Are there special ~ctunstances that apply to the property in matters such as size, shape, topography, location or
surroundings? -Yes _ No. ft n
-- ..__ ... .. .. . ' -°- --------. fat,at-t~~V W 1tJiH g lJCP7N CRER"TE
is
Code
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, v••hich do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special cucutnstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning c]assification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Comrission to
arrive at a decision, please answer each of the following questions regazding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
I.
2.
QCPP-~~ht-{S 'J~°~o I
Are the spectal circumstances that ap
same zone as your property? ~ Yes
property different from other properties to the vlctmry
3•
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? I~Yes No
answer if "yGS," describe
4.
50
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shal] be
approved which wou have the effect of granting a special privilege not shazed by other property in the same vicinity and zont
which is not othe - e expressly authorized by zone regulations governing subject property. Use variances aze not permitted.
~.-Z~-~ "1-~
Signature of roperty Owner or Authorized Agent Date
CONDffIONAL USE PERMTI'NARIANCE N0.
DECEMBER 12, 2000
CUP PdO. 202 - 0 4 ~ 3 ~
If your answer is "yes," describe how the property is different:
Were the spe~ia] circumstances created by causes beyond the control of [he property owner (or previous property
l1WTPIS~7 V YPG ND
. 1I
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FO2R P^ARK``,ING WAIVER) r~
REQUEST FOR WAVER OF CODE SECTION: ' ~ ~ J o[ ' V ~~ ~ " V ~ °~
( separate sta~[gmerit is re~m~_re~d
PERTAINING TO: mRXttnunt tJ i RUC. ~UdgL. ~~µn PII'(Ht~
SECTION 4
F~-lmtt~~ REs~t~ r=t~t-rlr~t- z.ot.t ~
Sections 18.03.040.030 and 18.12. 60 of the Anaheim Municipal Code require [hat before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. Thal, because of such special circumstances, strict application of the zoning rode deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Plaruung Commission to
arrive at a decision, please answer each of the follow9ng questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there special cam' cumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? V Yes _ No. ,''l1
1^,~oactZ,y WttJili ~ L~E~N C1tER"fE
If your answer is "Yes," describejl+e special circumstances:
ip ruR -ti (YIORE - ~ u~' n H~
P-l~w t O ° b f ~.
RcPR-~~~t ~s 3~°-~ ~F (He 1 t~-ec~erz~y. eu,a-5„~e
2. Are the special circumstances that apply to the property different from other properties in the vicinity w 'ch aze in the
same zone as your property? _ Yes ~ No
If your answer is "yes.," describe how the property is different:
3.
4.
The sole purpose/of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which/would have the a granting a special privilege not shared by other property in the same vicinity and zol
which is not o " r ~ u orized by zone regulations governing subject property. Use variances aze no[ permitted.
~~-~----
Signature of Property Owner or Authorized Agent Da e
DECEMBER 12, 2000
CONDITIONAL USE PERMTTNARIANCE NO.
CUP PJO. 202 - 0 4 6 3 5
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? /Y"es No
Were the special circumstances created by causes beyond the control of the property owner (or previous property
owned? V Yes No
1 SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ +' O $ ' ~ SS ~ ~ a- f~
(A sepatate statement is required for each Code waiver)
PERTAINING TO: ~ ~(~t I muyyl ~ ~ 1 RrfE cS~I ILA. ~ C~Tf~V D~
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municipal Code require that before any variance or Code waiver maybe
granted by the Zoning Adminisrator or Planning Commission, the following shall be shown:
1. That there aze special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
Irr order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are there specia irctunstances that apply to the property in matters such as size, shape, topography, location or
surroundings? _ Yes -No. 1 c
If your ~gts~ver i~"Yes," describe the special^ircumstances: ~a 0 O E1Z- \ ~ W I ~~ ~~
2. Are the special circumstances that apply to the property different from other properties in the vicinity which are in the
same zone as your properly? _ Yes_ No
If your answer is "yes," describe how the property is different:
3. Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _Yes ~No
If your answer if "yes," describe [he special circumstances:
4.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which ~ould have the effect of granting a special privilege not shazed by other property in the same vicinity and zon
which is not o rwise ex rized by zone regulations governing subject property. Use variances aze not pemritted.
Stgnatu of Property Owner or Authorized Agent Date
CONDfI'IONAL USE PERMITNARIANCE NO.
DECEMBER 12, 2000
CUP FJO. 2002 - 0 4 ~ 3 F
Were the special circumstances created by causes beyond the control of theproperty owner (or previous property
owners)? _ Yes ~ No
"SECTION 4
PETTTTONER'S STATEMENT OF
JUSTIFICATION FOR VARIANCEJCODE WAVER
(NOT REQUIRED FOR PARKING WAVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ O ~a' y ~' ~ y
(A separat statement is required for each Code waiver)
PERTAINING TO: _ ~A°;`1n~y.rn ~d 1C ~vUCILt'~~
Sections 18.03.040.030 and 18.12.060 of the Anaheim Municigal Code require that before any variance or Code waiver maybe
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or
surroundings, which do not apply to other property under identical zoning classification in the vicinity; and
2. Thal, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order [o determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible. If you need additional space, you may attach additional pages.
1. Are There specialpircumstances that apply to the property in matters such as size, shape, topography, location or
surroundings? //_ Yes _ No. rr `` /~ 1 ~t
If your answer is "Yes," desc be the special circumstances: ~p~ ~--\ Y\1 `~ 1 h v V ~1~ 1 h
L12e R`~ C ~ ~~ \ C~t ~ E'1R-D S 1-t t4
2 Are the special circumstances that apply to the property different from other propemes m the vrcrmry wrucn are m the
same zone as your property? _ Yes X No
If your answer is "yes," describe how the property is different:
3.
4.
The sole purpose of any variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shall be
approved which would have the effect of ring a special privilege not shared by other property in the same vicinity and zor
which is not othe see u o zone regulations governing subject property. Use variances are not permitted.
Signs re of petty Owner or Authorized Agent Date
DECEhIB£R 12, 2000
CONDITIONAL USE PERMITNARIANCE NO.
CUP PuO. 2002 - 0 4 0 3 ~
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? /Yes No
Were the sp~al circumstances created by causes beyond [he control of the property owner (or previous property
nvmrrcl~ / Vec No
ML
ML 53-5407 ML
ML ML 53-5407 CUP 1886 53-54-07
fifi37-14
53-54-07 CUP 1866 CUP 1666
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CUP 3213 ML
.SMALL IND. GUP 1666
RCL 73.74.55 (S) CUP 1666 FIRMS
~ RC1~531~ ~ 6MALL IND. '. ~
CL FIRMS -
CuP 2240 RCL ]3.7455(2) Z
CUR 1712 864i]-14
CUP 1462 RCL 52.53-6
Q ML ML
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THEATER CUP 7642 518 CUP 1
DRNE-THROUGH ~ ML CUP
B @ e
REST.
ML 5Y54-07
cL
53-54-07 cuP tees ML
CUP 1462
CUP 2002-04640 SMALL INDUSTRIAL
RCL ]3-lass (7) CUP 1688 FI RMS
'4-55 (1) 0.t 5Y53B IND. FIRM ML
6637-1
4
~-14 T-CUP 2@02-04599
?-$3-6 T-CUP 2001-04436 53-54-0 7
7462 T-CUP 799/-04429
2-04530 T-CUP 2001-04371 _._____~------------------------ ~~
LAND T-CUP 2000-04255 VIA PALMA \
ZA
CUP 4255
CUP 3935
-------_---
-~____ __
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66.67 14
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V-2873 53-54-07 CUP 1748
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RCL 73 74-55 (6)
CL 73-74-55 (9) MS
SMALL IND. 66-67-14 I
I I FIRMS
6637-14 6637.14
ML FIRMS 53-54-07
I 1
RCL 52-53-8 RCL 52-53-8
CUP 14fi2 66.67-14 CUP 2626 I I
C
2 CUP 4057 CUP 2556
O FICE SERVICE CUP 2001-04499 66-67-14 I I
BLDG. STATION RCL 52-53-8 ! 53.54-07 I I
V-1263 I I
S.S. I I
LA PALMA AVENUE
-I000R CL ,,, r,
Conditional Use Permit No. 2002-04640 Subject Property
Date: January 13, 2003
Scale: 1" = 200'
Requested By: EVANGELICAL CHRISTIAN CREDIT UNION Q.S. No. 24
TO PERMIT A CHURCH WITHIN AN EXISTING OFFICE BUILDING WITH WAIVER pF
MINIMUM NUMBER OF PARKING SPACES.
2568 West Woodland Drive
525
Staff Report to the
Planning Commission
January 13; 2003
ltem No. 13
13a.` CEQA NEGATIVEDECLARATION (Motion)
13b. ` WAIVER OF CODE REOUIREMEN"f ; (Motion)
13c:' CONDITIONAL USEPERMIT NO: 2002-04640 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 0.35-acre property has a frontage of 69 feet on the west side of
Wdodland Drive, a maximum depth of 127 feet and is located 680 feet east and south of the
centerline ofMagnolla Avenue (2568 West Woodlandbrive).
REQUEST:
(2) The petitioner requests approval of a Conditional Use Permit under authority of Code Section
18'.61.050:140 to permiPa church within an:ezisting office building with waiver of the following:
SECTIONS 18.06.050.0266 Minimum number of parkino spaces.
AND 18.67.066.050 ' 52 spaces required; 20'proposed and
recommended by tfie City Traffio'and
Transportation Manager.
BACKGROUND:
(3) This property: is developed as a part of an industrial office complex and is zoned ML (Limited
Industrial). fhe Anaheim General Plan Land' Use Element Map designates the site foc
General Industrial land`uses.
(4) Surrounding land uses are as follows:
Direction Land Use Zoning ' General Plan Designation +
All Directions 'Small Industrial/Office
`Firms ML General Industrial
PREVIOUS ZONING ACTIONS:
(5) The following zoning action pertains to this property:
Conditional Use Permit No. 1886 (to permit offices and: restaurants in an industrial complex)
was approved by the Planning Commission on September 11, 1978. On June 30, 1980, the
Commission approved revised plans.
PROPOSAL:
(6) The petitioner is requesting approval of a conditional use permit in order to establish a'4,720
square foot church within an existing building of an industrial/office complex!
(7) The site plan (Exhibit No. 1) indicates this building is one of 29 buildings located within the
industrial/office park. No exterior`modification to the building is proposed.
Sr8518vn.doc
Page 1
Staff Report to the
Plahning Commission
January 13 2003
Item No. 13
(t3) The floor plan (Exhibit No. 2) indicates a 1,660 square foot sanctuary, 3 classrooms, a
kitchen, 4 offices, a lobby; a janitors/mechanicaP room, an electricaliroom, and 2 restrooms.
(9) Parking is proposed in the parking lot adjacent to the proposed church and also adjacent to
buildings located at 2551; 2572 and 2584 Woodland Drive hrough a-~eciprocal;parking ,`
agreement. The petitioner;proposes to utilize parking in these areas for Sunday services::
Vehicular access is provided via two'tiriveways on Woodland Drive artd plans indicate a total
of 20 on-site parking spaces for this building. Cade requires 52 spaces based the following
charti
Use Square Feet! Code Parking Requirement Parking
Re wired
Sanctuary (assembly) 1,660 29 spaces per 1,000 square feetbf 48.1 '
assembly area or 0:333 space per (sq. footage used>
'fixed seafwhichever is rester
Office(for the church 671 4 s aces' er 1,000rs ware feet 2.6
Kitchen? 700 .02 spacesof the maximum capacity of .92
assembl area 46
Classrooms' 465 O spaces required 0 ?
Lobby,'halls, 1,224 Ospaces required 0
restrooms, storm e
TOTAL` i 4,720 52 spaces`.
• Code does notrequlre anyparking for the accessory: Sunday school classrooms.:
(10) Photographs indicate the existing elevations consist of two-toned gray and tan concrete tilt-up
buildings with reflective glass windows and blue accent color over the entry-way. The site:
plan and photographs further indicate'existing lahdscaped,`planter areas adjacent to all
building elevations.
(11) The petitioner indicates that signage would be limited to one Code-conforming wall sign
located on the north elevation of the building. The petitioner has indicated thafreligious Icons
(crosses) are not proposeddo be placed on the building. No other signs are proposed in
connection with this request.
(12) The petitioner has submitted the attached letter of operation indicating one Suntlay service
from 9 a.m. to 11 p.m., Saturday band practice from 12 noon to 2 p.m: a once a month
Monday Board meeting from 7:30 p.m. to 9:30 p;m, and office hours on Tuesday through
Friday from 8 a.m. to 5 p.m. The letter also indicates that with the exception of accessory:
Sunday school activities, no other school uses are proposed.
ENVIRONMENTAL IMPACT ANALYSIS:
(13) Staff has reviewed the proposal to establish a church in a industrial office complex and the
Initial Study (a copy of which is available for review in the Planning Department) and finds no
significant envirahmental impact and„therefore,'r•ecommends that arNegative Declaration be
approved upon a finding by he Planning Commission that'the Negative Declaration reflects
the independenfjudgmentof the lead'agency; and that it Etas considered the proposed
Negative Declaration together with any comments received during the public review process
and further finding on the basis of the Initial Study and anycomments received that there is no
substantial evidence that the project will have'a significant effect on the environment.
Page 2
Staff Report to the
Planning Commission`
January 13 2003
Item No. 13
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(14) The: proposed'project has been reviewed by affected City departments to determine whether it
conforms witfi'the City's'Growth Management Element adopted by he City Council on Mi3rch
17,:1992. Based on City. staff review of the proposed project, it has been determined that this
project does not fit within the scope necessary to require a GrowthManagement Element
analysis, therefore, no analysis has been performed.
EVALUATION:
(15) Churches are'permitted in ML zone subject to the approval of a conditional use permit.
(16) The requested waiver pertains to minimum number of parking spaces. Code requires a
minimum of 52 parking spaces for this proposed church as described in paragraph no.' (9) of
this.. report and 20 spaces are proposed. The: petitionerhas submitted a parking study
prepared by Hartzog & Crabhill, Inc., dated August, 2002, to substantiate the;requested
parking waiver'. The City Traffic and Transportation Manager has reviewed the parkingjstudy
and determined that the;proposed;parking, in conjunction with a reciprocal parking agreement
with 2551, 2572 and 2584 Woodland Drive, is sufticienEfor the church use provided that the
church limits use of off-site parking to the hours specified in the submitted letter of operation.
(17) The parking study also indicates the following findings to justify the requested parking waiver;
(a) "That the variance, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than: the number of such spaces
necessary to accommodate all vehicles attributable to such use under the normal and
reasonable foreseeable conditions of'operation of such use:
Based on the parking surveys conducted at the site, the parking demand of the
proposed project, and the calculatedparking surplus of the adjacent uses, a sufficient
parking supply will exist under a shared parkingsrrangement.
(bj; That the variance, under the conditions imposed, if any, will not increase the demand
or competition for parking spaces upon the public streets in the immediate vicinity of
the proposed use:
The availability of shared parking in the immediate area of the project will not produce
a need for parking spaces upon public streets im the immediate area;;
(c) That the variance, under the conditions imposed, if any, will not increase the demand
or competition for parking "spaces upon adjacent private property in,the immediate
vicinity of the proposed use (which property is not expressly provided: as parking for
suctr use underan agreement in compliance with Section'16.06.010:020 of this code.
The project will require parking from adjacent uses, as such a shared parking
agreement will need to be met.
(d) That the variance, under the conditions imposed, if any, will not increase traffic
congestion, within the off-street parking areas or lots provided for such use:
The projects projected parking demand will not increase traffic congestion, noise, air
pollution, or traffic circulation conflicts, within the shared parking areas provided.
Page 3
Staff Report to the
Planning Commission
January 13; 2003
Item No. 13
(e) That the variance, under the conditions imposed, ifany, will not impede vehicular
ingress to or egress from adjacent properties upon,the public streets it the immediate
vicinity of the proposed use.
The projects projected parking demand will not increase traffic congestion, noise, air
pollution,ror traffic circulation conflicts, within the shared parking areas provided "
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View of the proposed church building (north elevation).
(18) Code Enforcement Division. indicates that no violations are currently pending for this location
and site inspections and the photographs indicate the property is being maintained in good
condition.
(19) The Commission may recall the workshop held In 2000, pertaining to;institutional uses such
as churches in industrially-zoned areas. After extensive discussion,: the general consensus of
the Commission'was that churches should generally be discouraged;from locating in
predominately industrial areas. Although not a land use cohslderation, the importance of
preserving the City's economic industrial base was also ofconcem.
(20) Although this property is located in an'area zoned for industrial land uses, the site and other
portions of the complex are developed with office and RED-type buildings. Further, adjacent
to this'industrial;park to theivest (across Magnolia Avenue) are commercial retail uses.
Because the complex is developed with office-type uses and is contiguous to retail
development, staff feels that the proposed church would be compatible with surrounding uses.
Therefore, staff recommends a royal of a church at this ocation.
FINDINGS:
(21) Section 18.06.080 of the parking ordinance sets forth the following findings which are required
to be made before a parking waiver is approved by the Commission:'
Page 4
Staff Report to the
Planning Commission
'.January 13`; 2003
item No. 13
(a) That the waiver, under the conditions imposed, if any, will not cause fewer off-street
`, parking spaces to be provided for such use than the number of such spaces necessary
to accommodate all vehicles attributable tp such use under the normal and reasonably
foreseeable conditions of operation of such use; and
(b)'' That the waiver, under the conditions imposed, if any, will not increase the demand and
competition for parking spaces upon the public streets in the immediate vicinity of the
proposed use; and
(c) ' That the waiver, under the conditions imposed, ifany, will not increase: the demand and
competition for parking spaces upon adjacent private property in the immediate vicinity
of the proposed use; and
(d) i That the waiver, under the conditions imposed, If any, will not increase traffic congestion
within'the off-street parkingareas or lots provided for such use; and
(e) That the waiver, under the conditions imposed, ifany, will not impede vehicular ingress
to or egress from' adjacent. properties upon the public streets in the immediate vicinity of
the proposed use:
Unless conditions'to the contrary are expressly imposed upon the granting of any
waiver;pursuant to this Section by the Planning Commission or City Council, the
granting of any such waivershall be deemed contingent upon operation of such use in
conformance with the assumptions relating to the operatiomand intensity of the use as
contained in theparking demand study that formed the basis for approval of said
waiver.: Exceeding, violating, intensifying or otherwise deviating from any of said` j -~
assumptions as contained in the parking demand study shall be deemed a violation of
the express conditions imposed upon said waiver which shall subject`said waiver to
termination or modificationpursuant to the provisions of Sections 18.03.091 andi
18.03:092 of this Code.
(22) Before the Commission: grants any conditional use permit, it musE make a finding of fact that
the evidencepresentedshows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is authorized
by the'Zoning Code, or that aid use is not listed therein as being a permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the growth
and development of the area in which it is proposed to be located;
(c) That the size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a'mannecnot detrimental to the. particular area nor
to the'peace, health, safety; and general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden upon
the streets and'highwaysdesigned and improved to carry he traffic in the area; and
(e) That the granting of the conditional use permit under the conditions imposed, ifany, will
not be detrimental to the: peace, health, safety and general welfare of the citizens of the
City of Anaheim.':
RECOMMENDATION:
(23) Staff recommends that, unless additional or contrary information is received during the
hearing, and based upon the evidence submitted to the Commission, including the evidence
Page 5
Staff Report o the
Plahning Commission
January 13,2003
Item No. 13
presented in this staff report, and oral and written evidence presented at the public hearing,
the Commission. take the following actions:
(a) By motion," aoorove a CEQA Negative Declaration.
(b) By motion, aoorove the waiver pertaining o minimum numberof parking'spaces based
on the findings contained within the parking study submitted by,the petitioner as
described in paragraph nos. 16'and 17, of this report and that the City Traffic and
Transportation Manager uponYeview of said parkingstudy has determined that there is
an adequate supply of parking paces for the church and based on the following:
(i) That the waiver,. under the conditions imposed, and based upon the'conciusions
contained in the submitted parking demand stutly (as described in paragraphs (16)
and (17) of this teport), would not cause feweCoff-streefparking spaces to be
provided for the church in.conjunction with the reciprocal parking agreement with
2551, 2572 and 2584 Woodland Drive; and provided that the church`adheres to
the hours of operation as conditioned herein.
(ii) That the waiver, under the'conditions imposed, would not increase the demand
and competition for parking spaces 3pon the public streets and adjacent private
property in the immediate vicinity of,the proposed use.
(iii) Thak the waiver, under the. conditions imposed, would not increase traffic
congestion within the off-street parking areas or lots provided for such use.
(iv) That the waiver,: under the'conditions imposed, would not impede vehicular ingress
to or egress from adjacent properties, upon thejpublic streets in the immediate'
vicinity of the proposed use.
(c) By resolution, aoorove this request for Conditional Use Permit No. 2002-04640 (to
permit a church within an existing industrial office building) based on the'following:
(i) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code in the: ML Zone::
(ii) That the proposed use would not adversely affeck the adjoining office and industrial
land uses or restrict the growth and economic development of the area in which it is
proposed to be ocated.
(iii) That, as conditioned herein, the size and shape of the property is adequate to
accommodate the proposed use in a manner not detrimental to the particular area
nor to the peace, health, safety, and'general welfare and with noslgnificant affects to
adjoining properties.
(iv) That, as conditioned herein, the traffic generated by this use would not impose an
undue burden upon the streets and hjghways designed and improved to carry he
traffic in the area because the church would operate during off-peak times.
(v) That the granting of the conditional use permit even under the conditions imposed,
would not be'detrimental to the peace, healttrsafety and generatwelfare of the
citizens of the City of Anafieim.
Page 6
Staff Report to the
Planning Commission
`January 13, 2003
'Item No. 13
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS'CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND'ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT THIS PERMIT:ISAPPROVED.
L That this use shalt expire on January 13, 2005.
2. That the hours of operation for the church shall be limited to he following and as stipulated in the
petitioner's letter of operation:
Sunday: Services: ` 9 a.m. to 11 p.m.
Saturday band practice: 12 noon' 0 2 p.m.
Monthly Monday Board meeting: r 7:30 p:m. to 9:30p.m.
Tuesday through'Friday office hours: 8 a.m: to 5 p.m.
3. That no portable signage shall be utilized to advertise the church. Further, that signage shall be
limited to one (1) wall sign.:: Any additional signs shall be reviewed and approved by the
Commission as a "Reports and Recommendations" item.
4. That the only accessory school activity'shall be Sunday school and this facility shall not be used
as a private daycare, nursery, elementary, junior'and/or senior high school.
5. That no required parking area shall be fenced or otherwise enclosed for outdoor storage uses.
6. That no outdoor special events shall be permittatl.
7. That this project shall comply with the requirements of an "A3" occupancy, as set forth in the
California Building Code, 1.998 edition and Uniform Fire Code. Said information shall be specified
on plans submitted for Building Division and Fire Department approval.
8. That the adult congregation at any one time shallbe limited to 80 adults. If the number of
congregates exceeds this number of members,. at any one time, the. petitioner shall then submit
an updated parking study to'the Traffic and Trahsportatloh Manager for review and approval, prior
to review and approval by the Planning Commission at a noticed public hearing.
9. That the property hall be permanently maintained in an orderly fashion by providing regular
..landscape maintenance, removal of trash or debris, and removal of graffiti within twenty-four (24)
hours from time of occurrence.
10. That 4-foot high address numbers shall be displayed on the roof in a contrasting: color to the roof
material. The numbers shall not be'visible from the view of the street. or adjacent and nearby
properties. Said jnformatioh shall be pecifically hown onplans submitted for Police Department,
Community Services Division approval.
11. That the legal owner of subject properly shall prepare an unsubordinated covenant providing
reciprocal parking for the church use for a minimum of 53 parking spaces. Saidcovenanfshall be
reviewed and approved by the Traffic and Transportation manager and Zoning Division and in a
form: satisfactoryto the City Attorney, hen recorded in the Office of the Orange County Recorder.
A copy of the recorded covenant shallbe submitted to the Zoning Division.
12. That subject property shallbe maintained substantially in accordance with plans and +
.:.specifications submitted to the City of Anaheim by the petitioner and which plans are on file with
thePlanning Department marked Exhibit Nos,1'and 2 and as conditioned herein.
Page 7
Staff Report. to the
'Planning Commission
January 13; 2003
Item No. 13
13. .That priorio issuance of a building permit or prior to'commencement of the activity authorized. by
this resolution, or within a period of one (1) year from the date of this resolution, whichever occurs
first, Condition Nos. 7, 10 and 71, above-mentionedshall 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.
14. :That prior to final building and zoning inspections, Condition No, 12, above-mentioned, shall tie
compliedwith.
15. .That approval of this application constitutes approval of the proposed request only to the extent
that it complies with the Anaheim Municipal Zoning Code and any other applicable City, State'and
Federal regulations:'Approval does not include any action or findings as o compliance or
approval of the request regarding any other applicable ordinance, regulation or requirement.
1
Page 8
ATTACHt1ENT - ITEM N0. 13
~~
t
f.
Letter of ®peration
Sunday Service
Sunday morning
Service Time: gam-1lpm
75 people
Nursery - 5 children
Band Practice
Saturday morning
Time: l 2pm-2pm
7 people
Office Hours
Tuesday thru Friday
Time: $am-Spm
3 people ~Mpl~y~
Board Meetine
First Monday of every month
Time: 7:30pm-9:30pm
6 people
}~2a},faS:~l~2~
cup r~o, .~~,,L - 0 4 ~ -; o
a
ITEM N0. 14
i
Staff Report to the
Planning Commission
January 1$, 2003
item No'. 14
14a:' CEQANEGATIVEDECLARATION
14b WAIVER OF CODE REQUIREMENT
14b.?` CONDITIONAL USEPERMIT NO: 2002-04628 (Motion for continuance)
SITE LOCATION AND DESCRIPTION:
(1) This irregularly-shaped 7.7-acre'property is located south and east of the southeast oorner
of Ball Road and Magnolia Avenue, having frontages of 373 feet on the south side of Ball
Road and 560 feet on the east side of Magnolia Avenue (1216-1254 South Magnolia
Avenue).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under the authority of Code
Sectiohs 18.03.030] 18:44:050:135and 18:44.050.330 to establish conformity with existing
zoning code land use requirements for an existing commercialretail center and to permit a
telecommunications antenna with accessory ground-mounted equipment with waiver of
`maximum structural height within 150 feet of asingle-family residential boundary.
BACKGROUND:
(3) ?his property is developed with`an existing non-conforming commercial retail center built in
1958, anti's zoned'CL (Commercial, Limited). Thisproperty is located within the West
Anaheim Commercial Corridors Redevelopment Prdject Area and the City. of Anaheim
°GeneratPlan Land Use Element Map designates this property for General Commercial
..land uses.(
(4) The petitioner, Jim Todaro, has submitted<a letter dated January 8, 2003„requesting a
'continuance to the January 27 2003, Commission meeting in order to revise plans.>
RECOMMENDATION:
(5) That the Commission, by motion, continue this item to the January 27, 2003, Commission
``meeting.
Sr6516vn.doc
Page 1
ATTACHMENT - N0. 14
~C~NSULTING
January 8, 2003
V anessa Norwood
Planning Aepartment
Anaheim City Hall
200 South Anaheim Blvd.
Anaheim, CA 92805
Re: CUP 2002-04628
Ms. Norwood,
I am requesting a continuance to the January 2Th' 2003, Planning Commission meeting
on the wireless communications project for the Chia Market. This request is in response
to the city's requirement for a complete site plan including both parcels and a parking
space count.
Please contact me if there are any questions concerning this project. Thanks for you help
on this project.
Sincerely,
Jim Todaro
CONDITIONAL USE PERMI°(
NO ~~~ - cat-/G~d h
__
ITEM N0. 15
CUP 3362
CUP 1700 CHANTICLEER RD v
o=
CUP 3362
CHURCH
PARKING RS-7200
~~
1 DU EACH '~ 1'
ur
CL RS -A-03,0 00 4
61-62-26 ~ D!
CUP 3362
° a
l °o
l v RS-7200
1 DU EACH Q V-2266
vncA
Ni i s > I 1 I 1 I I I
CUP 932 62-63-33
~ CUP 303 CUP 932
UJ V-1753 5 CUP 303
1
LU v-loos
~ ~
CONVALESCENT
(n HOSPITAL
~ RS-A-03,000
J CUP 932
U
~ cL
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DENTIST
CL
I 69-60-25 RSA-43,000
I SHOPS
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67-68-02
RS-7200 _
SM. SHOPS
1 DU EA CH
CL ~
67-68-02 ~
SUENA VISTA AVE
Rsa2oo
CUP 2002-041
V-3717
RS-7200 ': (V-3647 T)
V-3717 (V-3575)
(V-3464)
.~ (V-2037)
1 Du
RS-7200 L RS-7
V-2495 V-3",
1 DU EACH
RS-7200
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R
6
DF
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114' ~-
CERRITOS AVENUE
MELLS LN
Conditional Use Permit No. 2002-04647 Subject Property
Date: January 13, 20D3
Scale: 1" = 200'
Requested By: TAP V PHI Q.S. No. 56
TO PERMIT AN ATTACHED GRANNY UNIT IN CONJUNCTION WITH AN EXISTING SINGLE-FAMILY
RESIDENCE.
1643 West Cerritos Avenue
!i
531
Staff Report to the
` Planning Commission
'January 13; 2003
Item No. 15
15a. ` CEQA CATEGORICAL EXEMPTION-CLASS 3 (Motion)
15b. r CONDITIONAL USE PERMIT N0 2002-04647 (Resolution) `
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 0.8-acre property has a frontage of 114 feet onI the north side of
'Cerritos Avenue, a maximum depth of 30Ti feet and is located 685 feet east of the
centerline of Euclid Street (1643 West Cerritos Avenue).
REQUEST:
`_ (2) The petitioner requests approval of a Conditional Use Permit under authority of California
fGovemment Code Section 65852.1 to permit an attached granny unit in conjunction with
an existing single-family residence.
BACKGROUND:
(3) This property is currently developed with asingle-family residence, is zoned RS-7200
(Residential, Single-Family) and the Anaheim General Plan Land Use Element Map ;
designates this property for Low Density Residential land uses.
(4) Surrounding land uses are as follows:
Direction Land Use Zoning l General Plart Designation
All Directions Single Family Residences RS-7200 Low Density Residential
< PROPOSAL:
(5) .The petitioner requests approval to construct a 456 square foot, attached granny unit in
conjunctioh with an existing 5,815 square foot single-family residence on a 34,412 square
foot lot.
(6) The site plan (Exhibit No. 1) Indicates that the granny unit would be attached to the rear
:(north elevation) of the primaryresidence; The granny unit maintains aside yard setback
of 1T/:feet and a rear yard setback of 1'10'/: feet. Code requires a minimum side yard
setback of 5 feet and a rear yard setback of 10 feet.'
(7) The floor plan (Exhibit No. 1) indicates that the granny unit would consistbf a bedroom,
bathrodm end kitcfien. The main entry into the unit would be located on the north elevation
of the building. Access into the unit would also be provided from the interior of the primary
;'residence:
(8) The elevation plan (Exhibit No:;1) indicates the unit would be constructedof a wood framed '
:'stucco structure painted to match the existing residence.
(9) Code requires a minimum of seven parking spaces (3-car garage spaces plus 3 uncovered
spaces) for the single-family residence and one space (uncovered) for the granny unit.
?he site plan demonstrates no'difficulty providing a minimum' of 7 parking spaces (3
garage and 4 uncovered spaces) for botft'residences.
Sr8507vndoc
Page 1
Staff Report to the
Planning Commission
January 13,2003
Item No, 15 ''
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South Elevatiort of Existing Residence
(10) The' petitioneEindicates that he and!hls wife will reside in the second unit.
EN~/IRONMENTALIMPACTANALYSIS:
(1'1) The Planningpirector's authorized representative has determined that the proposed
project falls within the definition of Categorical Exemptions, Section 15303 (a), Class 3
(New Construction or Conversion of Small Structures), as defined in the State CEQA
Guidelines and is, therefore, exempt from preparing additional environmental
documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) Theproposed project has been reviewed by affected City departments to determine
whether it conforms with the City's'Growth Management Element adopted by he City 'r
Council on March 17, 1992. Based on City staff review of the proposed project, it has tieen
determined that this project does not fit within the scope; necessary orequire aGrowth'-
Management Element analysis, therefore, no`analysis has been performed.
EVALUATION:
(13) Granny units are permitted in the RS-7200 Zone subject to the approval of a conditional
use permit under authority of California Govemmenf Code Section 65652.1.' The
referenced Code section further specifies that the second unit must be intended for the sole
Page 2
Staff Report to the
Planning Commission
January 13 2003
Item No. 15
occuoancv of one or two adults who are 62' years of age or over, and that the floor area for
'the attached dwellingbe limited to a maximum of 30;percent of the primary residence
(1,745 square feet). Plans indicate that theisize of the proposed' attached'granny uniE is
456 feet with one bedroom.
(14) Currently, the State Code provides that when a local agency has' not adopted an ordinance
governing second units (as in Anaheim's case), it hall grant a conditional use permit(for
he same if it complies with all of he following:
The unit is not intended for sale and may be rented.
This unit is conditioned to remain as an accessory structure to the primary
residence and further condftioned not to be rented.
The lot is zoned for single-family;or multi-family use.
® The lot contains asingle-family dwelling and is zoned RS-7200.
The second unit is either attachetl to the existing dwelling and located within the living area
of the existing dwelling or detached from the existing dwelling and located'on the same lot
as the existing dwelling.
® The proposed unit is attached to the existing dwelling and located on the same lot
as the existing single-family residence.
The floor area of a detached second unit shall not exceed 30 percent of the existing living
area (30% of 5,815 square feet= 1,745 square feet). The total area of floor space for an
`attached second unit shall not exceed 1,200 square feet.
o The proposed floor area of this attached unit is 456 square feet.
Requirements relating to height, etback, lot coverage, architectural review, site plan.
`review, fees, charges: and otherzoning requirements'generailycpplicable to residential
'construction in the zone in which the property is located.
The proposed unit meets City Codes relating to height, setback and lot coverage.
Wfth regard to architectural design, the City: does not have a formal design review
process but the unit is proposed to architecturally match the existing residence
including roof materials, stucco and color.
Local building code requirements which apply to detached dwellings, as appropriate:'
o Although this unit has not yet been reviewed through a plan check process,by the
Building Division, plans showing compliance with Building Codes would be'
necessary prior to issuance of a'6uilding permit.
Approval by the local health officer where a private sewage disposal system is being used,
if required.:.
This residential area, including the existing residence is serviced by a public
sewersystem. The granny unitwould also use the public sewersysfem.
Page 3
Staff Report to the
Planning Commission
January 13 2003
Item No. 15 rr
(15) State legislation, effective July 1, 2003, will provide thaEsecond units, Including granny:'
units, be approved by right provided they meet requirements of the State Code; or
alternatively that a jurisdiction has adopted an ordinance and development standards
regulating second units.; The City of Anaheim is currently in the process of creating
developmenfstandards for these units via the zoning code update:
(16) The current State Code has established maximum standards that local agencies shall use
to evaluate proposed second units'on lots zoned far residential use which contain an
existing single-family dwelling. Tfte State Code explicitly states that no additional
standards other than those outlined by the State shall tie utilized or imposed with the
exception that the local agency may require the applicant to be an owner-occupant. The
State Code further states that no other local ordinance, :policy, or regulation shall be the
basis far the denial of a'building permit or a use permit authorized'by State Code.
(17) This proposal meets all requirements established by State Code and the sitedevelopment
standards of the RS-7200 Zone.
(18) Staff has included conditions of approval requiring the property owner to occupy the
premises to prevent the property from becoming a rental unit and'an age restriction for the
occupancy of the second unit.
(19) The following are previous requests for granny units that have been considered by the
Planning Commission:
CASE NO. AND
ZONING SIZE OF 'APPROVED
PC ACTION CC
LOCATION UNIT WAIVERS ACTION
CUP2002-04579'. RS-7200 - :896 Denied N/A
733 S. Euclid'Street
CUP 2002-04528 RS-7200 < 796sq. ft. Min. side and7ear Denied Denied
1190: N. Che tans erd setbacks! 8/8/02
CUP2001-04487 RS-7200 ' 630"sq. ft. Min. side and rear Denied 1/14/01 N/A
1134 N. Boden'Drive erd setbacks'
CUP 2001-04362 RS-7200(SC) 619 - Approved 6/01 N/A
121 N. Jerrilee Lane
CUP 2000-04259: RS-7200 706 sq. ft. - Approved N/A
1590 W. FIi en Wa `11/00
CUP 3611 RS-5000 537`sq. ft Min. no. of parking :Approved N/A
217N: Emfl Street s' aces 8/93
CUP 3427 ; RS-5000 7565q. ft. :Max. no. of ;Approved NIA
724 N. Topeka Street .bedrooms antl min. 7/91
side and
CUP 3396 RS-7200: 630 sq. ft. - Approved N/A
628 S Westchester 3/g1
Drive:;
CUP 3256 RS-10,000' 300 sq. ft. Min. side yard' Approved N/A `
547 N'. Janss Street 3/90
CUP 3196 RS-7200 640 sq. ft. Min. no. of parking 'Approved N/A
3118 W. Polk Avenue s aces x9/89
CUP>3164 i RS-7200 630 sq. ft. - 'Approved N/A
2549'. W: Eole Ddve i 8/89
CUP 3175 RS-7200 630 sq, ft. - ,:Approved N/A
1319 N. Co Terrace ':7/89
CUP 3141 RS-5000 427 sq. ft. Min. rear yard Approved N/A
307 E: C ress Street setback 8/89
CUP 3130 RS-5000 360 sq, ft. Approved .Approved
319 N: Olive Street 6/89
Page 4'
Staff Report to the
Planning Commission
'January 13, 2003
Item No:15
:CASE NO. AND
ZONING SIZE OF APPROVED
PC ACTION CC
LOCATION ..:UNIT' .WAIVERS pCTiON
CUP 3177 RS-7200 631 sq. ft. - i Approved r N/A
1403 Trenton Drive ':.1/89
CUP 3078 c RS-7200 634 sq. ft. - Denied Denied
701 S. Lemoh Street 'modular 11/88
cCUP 3073 RS-7200 640 sq. ft. -, - ..Approved Approved
1194 W. Lomita Place i 11 /88
'CUP 3067 RS-A-43,000 536 sq. ft. ;Min. side and rear ;Approved Approved '
:1515 E. Broadwa and setbacks 11/88
"CUP 3043 RS-7200 ` 504 sq. ft. Min. side and rear °Approved N/A
.1223 S. Walnut Street yard setbacks, min. ' 9/88
no. and type of
arkin spaces
CUP 3040 RS-7200 :640 sq. ft. :Min. no.'and type of 'Approved N/A
913 S. Ira Court arkin s aces 8/88
CUP 3027 RS-10,000 440 sq. ft: Mih: rear yard Approved _ Approved
817 W. NorthStreet etback 8/88
CUP 2968 - RS-5000 .630 sq. ft. Min. fronf,yard and Approved N/A
703 S. Phiiadelphia min. floor 1/88
Street area/dwellin
CUP 3009 RS-7200 640 sq. ft. - Approved - Approved
:503 S. Vicki Lane i` 6/88 i
CUP 2873 RS-7200 266 sq. ft. Min. structural and Approved N/A
+325 N. New Avenue and re uirements 1/87
CUP 2875 RS-7200 :809 sq. ft. ' 'Min. structural Denied Denied
i514N.Ze nStreet 'setback i 3/87
CUP 2883 RS-720D :628 sq. ft. Min. rearyard Approved Approved
630 N. Clementine setbackand max. 1/87 r
Street rear and covere e
CUP 2778 RS-7200 504 sq. ft. Max. lot coverage, Approved s NIA
911 N. DlckefStreet min. structural ;4/86
setback and yard
re uiremehts.
CUP 2769 RS-A-43;000 631 sq. ft. " - !Approved.. N/A
1881 W. Chateau ' ' 3/86
Avenue
CUP 2740 RS-5000 450 sq. ft. Min. no. of parking Approved N/A
608 S. Philadelphia spaces 11/85
Street
CUP 2654 RS-7200 464 sq. ft. Max. lot coverage Approved - N/A
B37 N. Dicke) Street 1/85
.CUP 2558 RS-7200 608 sq. ft. ; Rear yard setback Approved: N/A
2121 N on Place 5/84
"CUP 2552 RS-7200 304 sq. ft. p - Approved Approved:
:3430 W. Brad Street ' 6/84
CUP 2453 " RS-7200 520 sq. ft. s' - Approved- Approved
:1232 W. Romneya 9183
brive
CUP 2423 RS-7200 707 sq. ft. Min. number and Denied < Denied:.
.:1317 S. Claremont # type of parking 5/83
Street s aces :
FINDINGS:
(20) Before the Commission grants any conditional use permit, it must make a finding of fact
that the evidence presented showsthaf ail of the following conditions exist:
Page 5
Staff Report to the
Planning Commission
January 13(2003
Item No. 15
(a) That the proposed use is properly one for which a conditional use permit is
authorized by the Zoning Code, or that said use is not listed therein as being a
permitted use;
(b) ; That the proposed use will rrot adversely affect the adjoining land uses and the
growtfi'and development of the area in which it is proposed to be located;
(c) `, That the size and`shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a manner not detrimental to theparticular area
nor to the peace, health, safety, and general welfare;
(d) That the traffic generated by the proposed use will not impose an undue burden':
upon the streets and highways designed and Improved to carry the traffic in the :
area; and
(e) That the granting of the conditional use permit under the conditions imposed, if any,
will not be detrimental to the peace, health, safety and general welfare of the
citizens of the City of Anaheim.
.RECOMMENDATION:
{21) Staff recommends that unless additional or contrary information is received during the
meeting, and"based upon the evidence submitted to the Planning Commission, including
the evidence'presented in this staff report, and oral and written evidence presented at the
public hearing that the Planning Commission take the following actions:
(a) : By motion, determine that the project is a Categorically Exempt, under Section'
15303, Class 3,'(New Construction o[ Conversion of Small Structures) of the
CEQA Guidelines.
(b) By resolution, a_ porous Conditional Use Permit No. 2002-04647 (to permit a 456
square foot attached granny unit in conjunction with an existing single-family
residence) based on the following: `
(i) ` That the proposed`grannyunit is properly one for which a conditional use
permit is authorized by the Zoning Cotle and under California Code
Sectioh'tiS852.1;
(ii) That the proposed granny unit as conditioned herein, would not adversely
affect the adjoining land uses: and thegrowth and"development of the area
in which it is proposed to belocated because it is integrated into the
primary'residence'and constitutes a small increase to the overall floor area
of the structure;
(iii) That the size and shape of the site for the proposed granny unit is
adequate to allow the full development of the granny unit without the need
for waivers and in a manner not detrimental to the particular'area nor to
the peace, health,safety, and general welfare;
(iv) That the traffic generated by the proposed granny unit will not impose an
undue burden upon the sVeets and highways designed and improved to
carry the traffid' in the area; and
Page 6
Staff Report to the
Planning Commission
January 13; 2003
Item No: 15
(v)` Thafthe granting of the conditional use permit under the conditions
imposed will not be detrimental to the peace, health, safety and general
walfare of the citizens of the City ofAnaheim. -
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE AND ARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THAT THIS PERMITJS APPROVED.
1. That the legal owner of subject property shall restrict the occupancy of the'second unit to one (1) or
two (2) adults, both of whom are sixty (62) years of age or older, and shall specify that no rental fee
r shall be charged for occupancy of the second unit and, furthermore, shalt record an unsubordinated
oovenant against the property so-restricting the occupancy of said unit. Said covenant shall be
submitted to the Zoning Division for transmittal to the City Attorney's office for review and approval
:.prior to recordation. `A copy of he recorded covenant shall be submitted to the Zoning Divisiortr
2. That the legal owner of the subject property shall occupy either the primary single-family residence or
the second'(granny)'unit. The second unitshaU be accessory to the primary residence on the lot. An
unsubordinated covenant against the property so restricting the`occupancy of said unit shall be
recorded. Said covenant maybe incorporated into the above-referenced'(Condition No. 1) covenant
and shall tie submitted to the Zoning Division for transmittal to the City Attorney's office for review and
'approval prior to recordation. A copy of the recorded covenanYshall be submitted to the Zoning
Division.
3. That within'a period of one (1) year from the date of this resolution, and annually on the anniversary
'date thereafter, the egal ownerdf subject property shall submit a signed affidavit that the property
owner and'any occupant of the'granny unit are in compliance with all conditions of this conditional
ruse permit, including those concerning occupancy. ,The affidavit shall be submitted to the Zoning
Divisioh of the Planrting Department.
4. That subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitioner and which plans are dh file with the Planning
Department markedExhibit Nos. 1 and 2, and as conditioned herein.
5. That prior to issuance of a building permit; or within a period ofbne (1) year from the date of this
Yesolution whichever occurs first, Condition Nos. 1 2, and 3;a6ove-mentioned, shall be complied
with. Extensions for further time to complete said conditions may be granted in accordance with
Section 1 13:03.090 of3he Anaheim Municipal Code.
6. That prior to final building and zoning inspections, Condition No. 5 above-mentioned, shall be
aompiied with.
7. That approval of this application constitutes approval of the proposed request only to the extent that it
`complies with the Anaheim Municipal Zoning Code ahd 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 ortlinance, regulation or requirement.
Page 7
ITEM N0. 16
RIVERSIDE FREEWAY
CL(SC)
85- fi-17
78-79-22
T-CUP 2000-04206
CUP 3335
CUP 2750
VAR 3878
HANFORD HOTEL
Q
c
~U`
° ~~~F
w
MgR cL;sc)
h gyeNV
95
0 RCL 617 68-55
~
F RCL 68{
2
CL(SC) RCL 65-6fi-77
RCL 55-06-17
VAR 2027 RCL 73.7425
~ ' RCL 64-65-90
RCL 65-66 17
J
S 1 DU EACH RCL 69415-90 CUP 2001-04428
CUP 2001-04406
CUP 2002-04564! CUP 2000-04241
CUP 4070 T-CUP 2000-04200
CUP 3767 CUP 4067
CUP 3766 CUP 4021
O( CUP 3178 } CUP 3747
~Sg Q
~
Nl CUP 1927
g CUP 3672
gN
q °
~ ~
U'
qNy VAR 4373
~` ~ CUP 322
~ el. jsc)
ON VAR 3774
RS-A-03,000 (SC) Q -: RCL 73-74-25 CUP 2892
. RO VAR 3497 _
= CUP 3219
CUP 2244
,
RCL 65.66-17 ~ qp
U
'
J
VAR 4222
P 1927
BANK
POST OFFICE RCL 65{6-17 C
Q -CUP 2002-04584 CUP 1974 REST. Q VAR 4209
0 CUP 4070 VAR 4315 - ~~ -~
~~ ~ VAR 2310
Z CUP 3787 VAR 4173 I CUP 2002-04643 W VAR 2948
W CUP 3766 VAR 3774
SPT 9&04
0 CANYON PLAZA
> CUP 3118 VAR 3497 - _ SHOPPING CENTER
Q IMPERIAL PLAZA ~
.;SHOPPING CENTER
too'
SANTA ANA CANYON ROAD
CL (SC) GUP 3564
CL (SC) RCL 71-72-7 CUP 3532
RCL 82-83-5 RCL 85-66-17 CUP 3470 CL(SC1
RCLfi5-66-77 RCL 64-65.84(1) CUP 3433 RCL 64-65$4 (2)
VAR 3031 S RS-A-03
000
RCL 6465.64 T-CUP 2001-04472 CUP 3244 ,
VAR 2001-04430 S CUP 3862 CUP 1450 VAR 2874 CANYON HIGH
VAR 3696 CUP 3769 VAR 4062 VAR 2672 SCHOOL
CUP 3574 VAR 2263
OFFICE BUILDING ADJ 0041
CROSSROADS REALTY
OFFICE
SHOPPING CENTER i I
Conditional Use Permit No. 2002-04643 Subject Property
Date: January 13, 2003
Scale: 1" = 200'
Requested By: JOSEPH T. KUNG O.$. No. 185
REQUEST TO PERMIT AND RETAIN A MASSAGE BUSINESS IN AN EXISTING BEAUTY SALON.
5579 East Santa Ana Canyon Road -Alexander's Grand Salon 6zs
Staff Reportto the
Planning Commission
January 13; 2003
Item No. 16
16a, CEQA CATEGORICAL EXEMPTION- GLASS' 1 (Motion)
16b CONDITIONAL IJSE PERMIT N0 2002-04643 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) ? This irregularly-shaped 5-acre property is located at the northwest corner of Santa'Ana Canyon
Road and Imperial Highway with frontages of 700 feet on the horth side: of Santa Ana Canyon
Road and 500 feet on the west side of Imperial Highway (5579 East Santa Ana Canyon Road,
Suite 102-Alexander's Grand Salon).
REQUEST:
(2) The petitioner requests approval of a conditional use permit under the authority of,Code Section
18.44.050.040 to permit and retain a massage business within an existing beauty alon.
BACKGROUND:
(3) ,This property is developed with an existing, two-story 56,010square foot commercial retailloffice
center and is zoned CL (SC) (Commercial Limited, Scenic Corridor Overlay). The Anaheim
General Plan Land Use Element map designates this property for General Commercial land:
uses.
(4) : Surrounding land uses are as follows:
~ w' r~'"
r D~ec6ort "' ± „~ x~r a r ' f m` -x"
LandrClse~
~~ ~ ~~ u' ~ +~"' ~ r
Zoning ~, =~ ?, Genef~l Plare
~
.l`5 f £ ~ i ~
~
z'r ^; 'a'te k.~'
~~` .,~=s ~
t :3''d1h45~ ~
i ~~G ~i ~ ,
,"~ t'w *s+~' t
`
f
} i
b
' . Desl na6
on.
.,....v.M x..+ f ..z-.a~ JL J„s.
,. , iA~ %r.h 2
S ..~
:.North across. Old Single-Family Residences RS-7200 (SC) Hillside Low-Density
Santa Ana Canyon Residential
Road
East, across Commercial Retail CL {SC) General Commercial
Im erial Hi hwa Sho in Center
Sduth, across Santa + 'Commercial Retail CC (SC) General Commercial!
Ana Can ort Road Sho in Center
West, across U.S. Post Office and' Single- ' RS-A-43;000 (SC) > Hillside'Low-Density
Avenida Margarita Family Residences and RS-7200 SC ' Residential
All properties are located within the Scenic Corridor Ovaday Zone.
PREVIOUS ZONING ACTIONS:
(5) The following zoning actionspertain to this property:
(a) Conditional Use Permit No. 4070 (to establish conformity with existing zoning code land use
'requirements for an existing 55,557 square foot, 45 unit commercial center and to permit
massage services within an existing 5,565square foot full-service beauty and skin care spa
located within the same commercial center) was approved by the Commission on October
' 26, 1998.
(b) Variance No. 4315 (to waive maximum number of wall signs to construct. three (3) wall
'signs -proposed at 5625 East Santa Aha Canyon Road) was approved by the Planning
Commission on November 18,,1997.
(c) Conditional'Use Permit No. 3767 (to permit a subdivision of space within ah existing ':
>shopping center to allow for individual office suites) was approved by the Commission on
May 31,.1995.
(d) Variance No. 4173 (to waive the permitted`number of wall signs [one permitted; three
proposed] to permit a 56 squarefioot wall sign) was approved by the Zoning Administrator on
March 12,:1992.
\\'' ~V
~ ~` (~ ~V' ~ Page 1
~ ~
Staff Report to the
Planning Commission
January 13, 2003
Item No. 16
(e) Conditional Use Permit No'. 3118 (to permit the tlivision of a tenant space within an existing
shopping center) was approved by the Commission on January 30, 1.989.
(f) Variance No. 3774 (to waive minimum number of parking spaces (362 parking spaces
required; 245 parking spaces approved) to permit a restaurant af5595 East Santa Ana
Canyon Road -Dominos Piaa) was approvedby the Commission on April 11,'.1988.
(g) Conditional Use Permit No` 2892 (to permit sales of alcoholic beverages for on-premises
consumption within an existing restaurant at 5555 East Santa Ana Canyon Road -Mandarin
Taste) was approved by the Commission on February 18,"1987.
(h) Variance No. 3497 (to waive minimum number of parking spaces [303 spaces required; 244
approved] and minimum tahdscaped'setback to,expand an existing commercial center) was
approved by the City Council on September 24,:!1985, following approval by thee.
Commission.
(i) Conditional Use Permit No; 1927 (to permit on-premises sale and consumption`of alcoholic
beverages in a proposed restaurant with waiver of minimum number of parking%spaces'[237
parking spaces required; 205 parking paces proposed] at 5665 East Santa Ana Canyon'..
Road `- Don Jose's) was approved in'part (denying the waiver) by the Commission on
January 3, 1979:
(j) Conditional Use Permit No: 1914 (to permit on-premises sale and consumption of alcoholic
beverages in a proposed restaurant at 5665 East Santa Ana Canyon'Road -Don Jose's)
was approved by the Commission on'November 20, 1979.::
PROPOSAL:
(6) .The petitioner proposes to establish a massage facility within an existing,10,369 square foot
beauty salon/day spa. The site'plan (Exhibit No. 1) indicates the location of the existing beauty
:.salon on the second floor of an'existing two-story office/retail building.
(7) The Floor plan (Exhibit No. 2) indicates a beauty salon with a reception area, retail area, waiting
area, office, lounge, Yestrooms fountain styling stations, drying stations,'shampoo area, and
manicure/pedicure area. The plan further: indicates a massage;area in the rear of the facility with
'6 massage/spa rooms, a shower area, changing room and restroom.
(8) The elevation renderings (Exhibit Nos. 3, 4 and 5) indicate atwo-story office/retail building with a
stucco finish, storefront windows, a balcony and parapet roof: No exterior modifications to the
existing building are proposed with this request.
Page 2
requested. The fo
f~y~~ ~~ ~ ~~ ~
"~=~MYYre~$$ 0r1aI1 ~'1
~~ ',,~~ ~rf~~~~~~t~~
w.ti`~.. M`
:Unit 5555 llowing' is a tenant
~ ~~~~~~~~
E-~w USQ-xyt,'~, a
.~~~'~~ x,~..~*~ ~
^` list of all existing tenants wtthin.the c
~7`0~~1 ~yuarp~> ~~F!arkl~9 ~atiao~~
~si 3. X rs ^~s'" r
-~~Fee~~~ ~~ ~ e~`y1b00sfj
..~~J. ~ SJ.. enter::
~~~~ Parking` ~""
l^ ~x,
~`"Requlred ;~
yr~Y ... ,K IS..nq
Mandarin`Taste ..Restaurant 4,050 8 32
Unit 5557
Smoothies Retail .1,440 5.5 8
+ Campitelli Cookies :: Retail 1;440 5.5 8
Oenise Hauk Hensley;: .:Service 1',580 5.5 9
Richard Houston .:,.Office 1206 4 1
SMD Financial .:.Office s 966 4 ': 4
Innovative Product :Office 504 4 2
Armand Thurston Office 999 4 1
;,Tom Beitlec; Office 439 4 2
Cari Gottuso Office 199 4 1
Carol Knowlton Office 240 4 1
Mo'i Fakourfar `Office -199 4 1
Innovative:: Product > Office > 294 4 1
Karen Siegler Affice =::356 4 1
Innovative Product 'Office 336 4 1
Page 3
Staff Report to the
Planning Commission
January 13, 2003
Item No. 16
z ~
Adrlressll'enarit~'~
r ,rte Y vs+
~~~ sir„ .~.~,.
Andrew Vander Zwaap ~ " ~~~ s
""~~ Use a ~~
2 dP'sJ'Z~
~~.H.~ ~~bf
Office: ~1`ota~ S uaRe~
~ ~ ~ q
?/'y ~h ..+~i~
~~Feet..w~
199 Parking Raho~
.'t 1
~~R~tah,000~f;~
4 ~-~ >: Pa~kmg
.a .:
. ~Requued,
1
Innovative Product Office 263 4 1
Unit:5565
Hillside Cleaners Service 1,875 r 5.5 i 10
;.Unit 5567
Taekwondo Service 1,875 , 5.5 <10
Unit 5569
Palm readin Service ! 1,436 5.5 8
Unit 8573
Sylvan Learning
Center Service 3,159 ' 5.5 17
Unit 5577
Edward Jones Office 944 ! 4 4
Dr She Office 166 i 4 ! 1
s Units 5571-83,.5587
Alexander's!Salon Service t 10,369 5.5 57
Unit 5581
Doris Fraiser Office 355 4 1
Real Office 232 4 1
Drr Warren Office ,; 247 ' 4 =1
SINS Services'` Office r 278 4 1
Sesko Office 262 4 1
Management > Office 177 4 1
Vandon Office: 208 4 1
Unit+5585
Minute Press Printing Service ! 1,126 5.5 6
Real Office. 905 4 4
UniY5589
Interior Design's Office r 1,758 4 7
Unit'S591
: Dentist Office ` 1,221 6 7
`Unit 5593
Allstate Insurance Office 955 4 4
Vacahc Service 479 i 5.5 3
Unit 5595
Domino's Take-out Service " 1,155 < > 5.5 ; 6
Unit5597
Travel Galle Office 848 4 3
Unit 5599
Td O Nails Service 800 ; 5.5 4
Unit 5625
Wells Far o Bank: t 6,000 5 30
Unit 5665
Dort Jose's Restaurant 6,270 8 50
Total 56,010 r 313
Page 4
Staff Report to the
Planning Commission
January 13,2003
Item No. 16
(10) The petitioner has submitted the attached letter of operation indicating the hours of operation
would be Tuesday through Thursday;8 a.m. to 10 p.m., Friday 8 a.m. to 9 p.m., and Saturday 7
a.m. to 7 p.m. with 54 full and part time hair stylists, 17 assistants and 6 manicurists. The letter
further`states that massage herapy is+proposed at this facility in order to provide clients with
full-service skin care and spa services in conjunction with the existing hair salpn business. The
massage service is equipped to provitle manual'manipulation, hot and cold relaxation
treatments and ultrasound for deepermuscle therapy. The petitioner has indicated the current
lease for the business continues through 2014.
(11)' Landscape plans'were not submitted as part of this proposal. However a site inspection
revealed a 25 foot wide: planter adjacent to Santa Ana Canyon Road and a 27 foot wide planter
adjacent to Imperial Highway. Landscaping is also provided throughout the parking lot.
(12)' Sign plans were hot submitted as part of this request. However, a site inspection revealed a total
of four(4) wall signs for this business: Code permits a single wall sign for each business not to
exceed ten percent of the storefront area.
ENVIRONMENTAL IMPACT ANALYSIS:
(13)` The Planning Director's authorized representative has determined that the proposed project falls
within the definition of Categorical Ezemptions;;Section 15301, Class,l (Existing Facilities), as
defined in the CEOA Guidelines and is, therefore, exempt from the requiremeht o prepare
additional environmental documentation.
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(14) The proposed project has been reviewed by affected City departments to determine whether it
conforms with the City's Growth Management Element adopted by the City Council on March 17,
1992: Based ort'City staff review of tfie proposed project, it has been "determined that this'project
does not fit within the scope necessary to require a Growth Management Element analysis,
therefore, no analysis has been performed.
EVALUATION:
(15) Anaheim Municipal Code Section (AMC) 4.29.050(1) requires that any massage facility not under
the supervision of a medical doctor be required to obtain a massage'permit, and a license: is also
required for each massage: technician employed by the petitioner (AMC 4.29.080(b)). Massage
establishments are permitted in the CL (SC) Zone subject to approval of a Conditional Use
Permit.
(16) .The Commission may wish to note that the subject property is located within the Scenic Corridor
Overlay Zone, and the sign ordinance would only permit one (1) wall ign for this business, even
if a separate independent operator is established within abusiness.Site inspections have
confirmed that four (4) wall signs currently exist for this tenant. Although two (2) of the wall signs
have: been Issued permits,`each permit was obtained under a separate address without ahy
indication on submitted plans that additional wall signs were previously approved for the tenant
space. On May 5, 2000, Sign Permlf No. 2000-00087 was; issued and approved for 5579. East
Santa Ana Canyon Road by the Zoning Division with the contingency that only one wall sign was
permitted. On .May 25, 2001, Sign Permit No. 2001-00084 was approved under the address 5573
East Santa Ana Canyon Road. Staff has not been able tolocate a permit for the third wal~aign,
and the advertising on the?canopy does not require a signrpennit. If the Commission should wish
to grant this request, staff. recommends a condition of approval that only one (1) wall sign'be
retained for the business consistent with code requirements.
;Page 5
Staff Report to the
Planning Commission
January 13, 2003
Item No. 16
(17) The Anaheim Police Department has submitted the attached memorandum, datedbecemtier, 6,
2002, indicating no opposition. to the request. The location is within Reporting District No. 1339,
.which has a crime rate of 47 percent below the City'average. The Reporting District to the north
has a crime rate of 22 percent above the City average and the Reporting. Districts to the south,
east and west all have Reporting Districts below the City average. From:.December2001 to ?'
December 2002, this location has had four (4) calls for service consisting of 1 vandalism, 1
iannoying'or threatening phone call, 1 burglary alarm, and 1 disturbance call.
(18) `Staff inspections have confirmed that this business is a clean and well-maintained beauty and
skin care;spa and recommends approval of the request to provide massage services within this
iexisting business.
FINDINGS:
(19) Before the Commission grantsany conditional use permit, it must make a finding of fact that the
evidence; presented`shows that all of the following conditions exist:
(a) That the proposed use is properly one for which a conditional use permit is authorized by
the Zoning Code, or that said use is not listed therein as being a permitted use;
(b) That the proposed use will not adversely affect the adjoining land uses and the growth and
development of the area in which it is proposed io be located;
(c) That the size and shape of the site for the proposed use is adequate o allow the full
development of the proposed use in a manner not detrimental to the particulararea nor to the
peace, health, safety, and general welfare;
(d) That the traffic generated';by the proposed use will not impose an undue burden upon the
streets and highways designed and improved to carry the traffic in the area; antl
(e) That the granting of the conditional use permit under the conditions imposed, if any, will not
be detrimental to the peace, health, safety and'general welfare of the citizens of the Citybf
Anaheim.
RECOMMENDATION:
(20) Staff recommends that, unless additional'or contrary information is received during he hearing,
'and based upon the evidence submitted to the Commission including the evidence`presented in
this staff report and oral and written evidence presented at the hearing, the Commission take the
following actions:
(a) By motion, determine that the projectis categorically exempt under Section 15301,
Class;l (Existing Facilities). of the CEQA Guidelines.
(b) By resolution, approve Conditional Use Permit fJo. 2002-04643, to permit a
massage business within an existing salon based on the following:
(i) 'That the; proposed massage facility is properly one for which'a conditional use
permit is authorizetl in the CL (SC) Zone.
(ii) That the.: proposed use will be established In swell-maintained beauty and skin
care spa and will not adversely affect the adjoining land uses and the growth ``
and development of the area:
(iii) That the size and shape of the site for the proposed use is adequate to allow the'
full development of the proposed use in a manner not detrimental to the
particular area nor to the peace, health, safety, and general welfare since no
Page 6
Staff Report`to the
Planning Commission
January 13,2003
Item No, 16'
expansion of building area or substantial intensification of use is proposed within
thisexisting commerciafcenter.
(iv) That the traffic generated by the proposed use will not impose an undue burden
upon the streets and highways designed and improved to carry the traffic in the
area since the proposed massage use will be located within an existing full-
service skin and hair care facility.
THE FOLLOWING CONDITIONS ARE SUBMITTED BY VARIOUS CITY DEPARTMENTS ACTING AS
AN INTERDEPARTMENTAL COMMITTEE`AND ARE RECOMMENDED FORADOPTION BY THE
COMMISSIONsIN THE EVENT THAT THIS PERMIT ISAPPROVED.
1. That the massage. therapy operation shall be permitted onlyas an accessory use to the beauty and
skin care spa.
2. That male and female massage clients shall not be served simultaneously, and that separate
massage scheduling shall be arranged to ensure compliance with Anaheim Municipal Code Section
4.29:060 (g).
3. That, as stipulated by the petitioner, the hours of operation shall be limited to Tuesday through
Thursday 8 a.m: to 10 p.m. Friday 8 a.m. to 9 p:m., and Saturday 7 a:m, to 7 p.m.
4, ! That employees providing massage therapy shalt be required to wear uniforms and photo
identification cards during businesshours.
5. That all records of treatment shall be maintained on the premises for one (1) year and shalt be
made. available for Inspection by any authorized Ciry official::
6. That the interior of the premises shall be equipped with lighting of sufficient power to illuminate and
make easily discernible the: appearance and conduct of alfpersons inside the premises.
7. That all'employees shall abide by Anaheim Municipal Code Section 429.060 pertaining to
operating requirements for a massage: establishment.
8. That no alcoholic beverages shall be sold or consumed on the premises.
9. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the roof
material. The numbers shalt not be visible fromthe view of the streefor adjacenfproperties: Said
information shalj`be specifically shown`on plans submitted Police Department, Community Services
Division approval.
10: That the signage for the salon be limited to one (1) wall sign as permitted by code for Scenic
Corridor Overlay Zone, That the remaining three (3) signs shall be removed prior to operation of the
massage business,
11> That subject property shall be developed substantially in accordance with plans and specifications
submitted to the, City of Anaheim by the petitioner and which plans are on file with the Planning
Department marked ExhibitNos. 1, 2 3, 4 and 5 and as conditioned`herein.
12: That prior to the commencement of the activity authorizedby this resolution, or prior to final
building and zoning inspections, whichever occurs first, Condition Nos: 6, 9, 10 and 11.
13: That approval of this application constitutes approval of theproposed 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 actionor findings as to compliance or approval
of the request regarding any other applicable ordinance; regulation or requirement.
Page 7
ATTACHIIENT - ITEM N0. 76
City of Anaheim
POLICE DEPARTMENT
DATE: December 6, 2002
TO; Amy Vazquez
FROM: Sergeant Thomas J. Smith
Vice Detail
SUBJECT: Conditional Use Permit 2002-04643
LOCATIORI: Alexander's Grand Salon and Spa
Sandra Morse
5579 East Santa Ana Canyon Road
Anaheim, CA 92807
The Police Department has received an I.D.C. Route Sheet for CUP 2002-04643. The
.applicant is requesting to permit a massage establishment within a salon.
The location is within Reporting District 1339, which has a crime rate of 47 percent
below average. The Reporting District to the north is 1239 and has a crime rate of 22
percent above average. The Reporting District to the south is 1439 and :has a crime
rate of 54 percent below average. The Reporting District to the west is 1338 and has a
crime rate of 87 percent below average. The Reporting District to the east is 1340 and
has a crime rate of 89 percent below average.
From December 2001 to December 2002 there have been 4 calls for service to this
location. The calls consist of 1 vandalism, 1 annoying or Threatening phone call, 1
burglary alarm call, and 1 disturbance call.
The Anaheim Police Department does not oppose this request by the applicant
provided all the requirements of Anaheim Municipal Code chapter 4.29 are met,
Please contact me at extension 1461 if you require further information.
f:\home\tgovemale\2002-00141 Relating Massage.doc
ITEM N0. 17
1 Du
RS-A-43;000
1 DU
RM-2400
RCL 77-78-12
APARTMENTS
i )
RS-A-03,000
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VACANT
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CHURCH ~mj=' ~J~.QQN ~ VAR 3467 VAR 2668 R
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~~ K oTy RGL 6364_739 ~
126 ~ 4~ BALL ROAD
CL
„^~ RCL 63.64-136 m
uy RCL 66-57-36
CUP 660 '-
2 S
U o U SHOPPING CENTER/
N UOIIOR
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p ~ p RCL 66-57-36
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Conditional Use Permit No. 2002-04646
Requested By: J 8 J FOOD STORE, INC.
Subject Property
Date: January 13, 2003
Scale: 1" = 200'
Q.S. No. 11
TO ESTABLISH CONFORMITY WITH EXISTING ZONING CODE LAND USE REQUIREMENTS FOR AN
EXISTING CONVENIENCE MARKET WITH OFF-PREMISE SALES AND CONSUMPTION OF BEER
AND WINE AND TO PERMIT A TRUCK RENTAL FACILITY AS A SECONDARY PRIMARY USE WITH
WAIVER OF MINIMUM NUMBER OF PARKING SPACES.
3174 West Ball Road - A-1 Food Mart
A
D
630
CL
66$7-140
RB-A-
43,000 61-62-60 RM-1200 RM-1200
1 DU CUP 2002-04646 69-70-0 69-70-21
V-2107 V
2133
V-3673 -
(CUP 1806 T) APTS. APTS.
RM-1200 (CUP 694)
62-63-109- {CUP 562 T)
APTS. (V-3644 V~
W 1V-2736 T)
~
Z MARKET
W RM-3000
74-76-33
Q 66-66-116
RM-3000 V-2704
67"6&48 v-n93 RM-3000
~ CONDOS APTS. 6667-29 (1)
111 RM-3000 APTS.
66-67-29(3)
~ 1 DU 2 DU APTS.
W
LlWEROSE OR
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RS-7200 RS-7200 RS-7200
1 DU EACH 1 DU EACH 1 DU EACH
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RAVENSWOOD DR
Staff Report to the
Planning: Commission
January,l3, 2003
Item No. 17
17a:r CEQAtJEGATIVEbECLARATION (Motion)
17b WAIVER OF CODEREQUIREMENT (Motion)
17d:'! CONDITIONAL USE PERMIT N0;2002-04646 (Resolution)
SITE LOCATION AND DESCRIPTION: '-
(1) This rectangularly-shaped, 0.34-acre property is located at the southeast corner of Ball
Rcad and Western Avenue, fiaving frontages of approximatelys125 feet do the southside of
Ball Road`and 118 feet on the east side of Western Avenue (3174 West Ball Road -A-1
`:Food Mart):
REQUEST:
r (2) The petitioner requests approval of a conditional use`permit under authority of Code`
Sections 18.44:050.060 and 18:44:050:195 to establish conformity with existing zoning
code requirements for an existing convenience market with off-premise sales and
%consumptlon of beer and wine' and to permit a truck rental facility as a second primary use
with waiver of the following:
SECTION NOS. 18.06.050.0225 Minimum number ofbarkino spaces. (18 spaces
AND'18:44:066.050 `required;`15 spacesproposedand recommended
(by the City: Traffic and Transportation Manager)
BACKGROUND:
(3) This property is currently developed with anon-conforming convenience market and. is
'zoned CL (Commercial, Limited) and is located within the West Anaheim Commercial
7 Corridors'Redevelopment Project Area. The Anaheim General Plan Land: Use Element
Map designates this property for' General'Commercial land uses.
(4) Surrounding land uses are as follows:
Direction 'Land Use Zoning General Plan
Designation
North`(across earl 'Vacant CL Medium Density Residential
Road)'r
East Apartment Complex RM-120¢ Low-Medium Density
:Residential
South Single Family )2S-A-43, 000 Low-Medium Density
Residence. Residential
West (across Commercial Center CL 'General Commercial
Westem Avenue)
sr8520jr
Page 1
Staff Report o the
Planning Commission
January 13; 2003
- Item No. iZ
PREVIOUS ZONING ACTIONSi
(5) Variance No. 3673 (to construct a 24-hour convenience market with waivers of maximum
structural height within 950 feet of asingle-family residential zone boundary,[0 feet
permitted; 16 feet approved], andminimum structural setback abutting a residential zone
boundary [10;feet required; 0 feet approved] f;was approved by the Planning Commission
on July 20, 1.987.
'PROPOSAL:
(6) The: petitioner is proposing to establish land use conformity for an existing convenience
market and to permit and retain a truck rental business (U-Haul) with a maximum of two (2)
vehicles stored in the existing convenience market parking lot at any time. The site plan
(Exhibit No. 1) indicatesthe properly is developed with a 2,680 square foot convenience
market and has 15 parking spaces.
(7) The floor plan'(Exhibit No. 2) indicates an existing 2,680'square foot building;with four (4)
gondolas/shelves for product display, five (5) refrigeration coolers,:: aself-serve drink station
(for coffee and soda), restroom and storage areas, and a cashier counter. The plans
further indicate that a small portion'bf the existing counter would be used as the U-Haul
reservation center. No additional square footage is proposed.
(8) Submitted photographs indicate the existing building is approximately 16 feet. in height and
has a white stucco exterior. Thereare currently two (2) pay phones and one'(1) water ,
vending machine along the north elevation ofthe building facing Ball Road. No changes to
the'exterior of he building are proposed in conjunction with this request.
(9) No new landscaping plans were submitted as'part of this request. The subject property. is
an established convenience market and stafftinspections identifiedimature landscaping','
within 3-5 foot wide planter areas along both street frontages that is in good condition and
Is regularly maintained. ''Code currently requires a 10-foot wide landscaped'setback
planted with one tree forevery twenty feet of street frontage along Ball Road'and Western
Avenue.
(10) Vehicle access to this property is provided by one (1) existing driveway located on Westem
Avenue and one (1) existing driveway located on Ball Road. The proposed truck rental.'.
service would increase the required parking spaces to 18 (5.5 spaces per 1';000 s.f. x 2,660
s fi. + 3 spaces for the £rst additional use). The site plan' indicates'a total of 15 existing on-
site'parking spaces. Code requires a minimlam of 18 parking spaces for the subject
property based on the following:
:.Area ~`_ ,.Code-Required :? ~ ~ Pto: of Spaces ~.
,~ . ;
:Use =~ (Square P'eet~~ Parking Ratio, -° Required
s `aces `~er,1;000s.f. '~
~Conveniehce
Market 'r '2,680 5.S1 14.8
'- Truck Rental (1`
additional use NIA N/A '3
'TOTAL 2,680 18
Page 2
Staff Report to the
Planning Commission
January,l3, 2003
`Item No. 17
a, (11) No new sign plans were submitted in connection with'this request. Code permits wall signs
on each elevation not to exceed 10 percent of the building face area and one monument
-sign. The`subject property has one (1)non-conforming freestanding pole ign; five (5) wall
signs on the north elevation and'nne (1) wall sign on he west elevation. Although no plans
.:were submitted for the signs, itappears the existing wall signs on the north elevatiorr
exceed 10:percent of the building face area on that elevation. `
(12) The letter of operation indicates that no adtlitional employees would be necessary for the
U-Haul rental business and that he hours of operation would be the same as the existing
convenience market = 7 a.m. toi11 p.m. daily. The proposed operation includes the rental
and storage of trucks from 14-17 feet in size. No more than two trucks would be located in
the parking of at anytime and the trucks would be stored on-site when not in use (including
ovemight'storage).,Tfieprnposed business would rent trucks to local residents for the
'purpose ofmoving large furniture, etc. The letter also indicates: the U-Haul rentals are
"obtained by using a'phone-automated system to transfer, rent, and reserve trucks for
,'specific times and days to be delivered antl picked up at this specific location.
ENVIRONMENTAL' IMPACT ANALYSIS:
(13) Staff has reviewed the proposal and the Initial Study (a copy of which is available for review
in the Planning Department) and finds nosignificant environmental impact and, therefore,
recommends that a Negative Declaration be approved upon a finding by the Planning
.Commission that thelVegative Declaration!reflects the Independent judgment of thelead
'agency; and that it has considered the proposed Negative Declaration together with'any
comments received during thepublic review process and further finding on the basis of the
Initial Study and any commentsreceived that there is no substantial evidence that the
project will have a significant effect on the'environment.
GROWTH MANAGEMENT'ELEMENT'ANALYSISi
(14) The proposed project has been`reviewed by affected City departments to determine:
whether it conforms with the: City's Growtft Management Element adopted by the City
Council on`March 17;.1992. Based on City staff review of the proposed project, it has been
'determined that this'project does not fit within the scope necessary to require a Growth
:Management Element analysis; herefore;ino analysis has been performed.
EVALUATION:
(15) The non-conforming convenience market located on the subject site was established prior
ao the current Code provision requiring a conditionaluse permit for this type of business.
As part of this proposal, the establishment of conformity with current Zoning Code
`requirements is necessary for the convenience market with off-premise sales and
consumption of beer'and wine.: The subject property is also non-conforming with respect to
'setback and parking of landscaping, as well as the 25-foot high pole sign: As part'of the
establishment of land use conformity, staff has included conditions of approval for the
`removal of the paypfiones and vending machines outside the 6uiiding, the installation of 24-
inch box trees within: the streetsetback areas as required byCode, the display of the street
eddress on the roof of the building, as well as standard conditions concerning the sales,
`operation,"and advertising beerand wine'and property maintenance.
(16) The Anaheim Policebepartment submitted a memorandum dated, January 8, 2003
'(attached), regarding the request for land use conformity for the existing convenience
market with off-premises sale'and consumption of beer and wine. The convenience market
Page 3
Staff Report to the
Planning Commission
January 13,'.2003
ltem No. 17
is located in Reporting District 1915, which has a crime rate of 57 percent below average
and is not within an area of over-concentration. Reporting Districts to the north, eastand
west are above the Citywide average. The Police Department does not oppose this
request and has recommended conditions inthe eventthat this request is approved,
Based on the current operation ofthe existing;convenience market and the,pFoposed
conditions of approval, staff recommends approval of the establisftment of lahd use
conformity for henon-conforming convenience market.
(17) The conditional use permit application for the b-Haul rental business was initiated as a i
result of a citizen complaint regartlhg an illegal U-Haul truck rental facility being conducted
on the property. Although the U-Haul business is no logger in operation, thesubject
property has a history of'code enforcement violations that date back to August of 2000.:' As
intlicated in the attached memorartdum from he Code Enforcement Divisionisix notices of
violation havebeen issued on the subject property, two'of which pertain directly to the U-
Haul business:
(18) Although the Code allows for a vehicle rental agency subject to the granting of a conditional
use'permit, staff believes that the proposed use is incompatible with the existing
convenience market business and that the rental business would adversely affect adjoining
land uses, as well as the growth and development in the'area. Although the letter of
operation indicates that a maximum of two (2)'trucks would be located on the subject
property at any one time, the nature of this business operation is very unpredictable. It'
would be difficult for the business owner to regulate the number of trucks to be located on
slte as customers would'come in and order/reserve trucks at any ime during business
hours. Because the rental would be automated and no employee would specifically "man"
the rental operation, there would be no way for the business owner to guarantee how many j
vehicles would be located on site at any given time.
~~ ~ r ~
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z ~`
'~ ~ r
`~ I~t
V
{ tit
2
~ ~m
.i
4. ~.., ~
.y .~tcw :'.', -. .,r .0 r
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View of Subject Property from Western Avenue
(19) Because this applicatiomis the result of a Code Enforcement investigation, staff has had
the opportunity to observe the proposed business in fulf operation.' In respontling to
cit(zens' concerns, Code Enforcement officers observed as manyas four (4j:U-Haul trucks
located on the ubject property akany one time. The manner in which the business
previously operated indicates that he subjectproperty was inadequate in size to
Page 4
Staff Report to the
Planning Commission i
January 13j 2003
Item No. 17
site plan/letter' of operation dated December 6, 2002. The City Traffic and Transportation
Manager has reviewed the letter and site plan and has determinetl that the`existing parking
supply of 15 spaces would be adequate for the combine uses based on the fallowing
findings:
"(a) The letter ofoperation/site plan indicates that the parking demand for: off-street'
parking spaces is lower than the quantity provided on the parcel. There is a
sufficient number of parking spaces on the parcel.
(b) The proposed project as proposed would not increase demand for parking on any
streets in the vicihity.
(c) ; The proposed project will not cause any demand for parking on private property in
the vicinity. All customers pick up theU-Haul trucks and'retum them to another:
location near their destination.
(d) The proposed project will not impede vehicular ingress or egress from adjacent:
properties, because the proposed business would be wholly accommodated on'the
subject propertyand be I(mited to two'(2) vehicles at any one time ° '
(23) Although the Traffic and Transportation Manager has determined that the existing parking
supply is adequate, staff is concerned regarding the unpredictability of the number of rental
vehicles on-site at any given time and the potential for vehicle conflicts in the';parking lot.
Therefore, staff recommends denial of the required waiver. 1
(24) The applicanfhas submitted a petition with 56 signatures in support of the proposed U=Haul
truck rental facility.
FINDINGS:
(25) Section 18.06:080 of the parking ordinance sets forth the following findings, which are
required to be made before the Planning Commission approves a parking waiver:
(a) ; That the waiver, under the conditions imposed, if any, will not cause fewer off-street
parking spaces to be provided for such use than the number of such'spaces
necessary to accommodate all vehicles attributable tp sucfi use under the normal
and reasonably foreseeable conditions of operation of sucfi use; and '
(b) ` That the waiver, under the conditions imposed, if any, will not increase the demand
and competition for parkingcspaces upon the public streets: in the immediate vicinity
of the,proposed use; and
(c) ; That the waiver, under the conditions imposed, if any, will not increase the demand
and cdmpetition for parking paces upon adjacent private property in the immediate
vicinity'of the proposed use;rand
(d) That the waiver, under the conditions imposed, ifiany, will not increase traffic
congestion withinlhe off-street parking areas dr lots provided for such. use; and'
(e) That the waiver, under the conditions imposed, if any, will not impede vehicular
ingress to or egress from adjacent properties upon the pufilic streets in the
immediate vicinity of the proposed use;
Page 6
REVISED 0`
Unless'ddnditions to the contrary are exp
pursuant to this Section by the Planning:
such waiver shalt tie deemed'contingenl
the assumptions relating to the operatio
parking demand study that formed the ti
violating; intensifying or otherwise devia'
the parking demand study shall be deep
!' upon said waiver which shall subject sai
the provisions of Sections 18.03.091 an
(26) Before the Planning Commission grants..
of fact that the evidence presented show
(a) That the proposed use is properly
authorized. by the Zoning Code„d
permitted use;
(b) That the proposed use will not ac
:growth and development of the a
(c) That the size and shape of the si
'development of the proposed usi
nor to the peace, health, safety, i
(d) That the traffic generated by the
.,upon the streets and highways d
area; and
(e) That the granting of the conditibi
,will not be detrimental to the peg
'citizens of the City of Anaheim...:
RECOMMENDATION:
(27) ; Staff recommends that, unless addition
meeting, and based upon the evidence
evidence presented in this staff report,'
public hearing, the Commission take th
(a) By motion, den the CEQA Neg
(b) By motion; den the waiver pert
on the unpredictability of the nu
?potential circulation conflicts du
'proposed vehicle rental busine
(c) By resolution, approve Conditic
ruck rental business and as r<
`convenience market based o~
(i) That'although a vehicle re
the CL Zone; because of
Staff Report to the
Planning;Commission
January 13, 2003
Item No 17
ng of any waiver
uv the full
dar area.
rden
ithe
:d, if any,
~e
g;the
sed
ie
hP ,
ding:
iness is a cohditionally-permitted use within
edictability of the proposed business
Page T
0
d.... ,.
3: That prior to the operation
City of Qnaheim,'Business
4: That no required parking ar
storage`uses.
the
3e 8
Staff Report to the ?
Planning. Comm(ssioh
January 13, 2003
Item No. 17
S, Thatthe property shall be°permanently maintained in an orderly fashion by providing regular
landscape maintenance,.removal of trash or tlebris, and'removal ofgraffiti within twenty-four
(24) hours from time of occurrence.!
6. That 4-foot high address numbers shall be displayed on the roof in a contrasting color to the
roof material+The numbers shall`not be visible from the view of the street or adjacent
properties. Said information shall be specifically shown do plans submitted for Police
Department, Community Services Division approval.
7. Thatno exterior vending machines shall be permitted.
8. Thaf he number of on-site rental vehicles shalt be limited to two (2) Na other rental andlor
storage of vehicles or related products shall be permitted: on the premises.
9. Thatthere shall be no advertising displays permitted on the rental vehicles.
10. That no banners or other temporary promotional advertising devices shall be permitted unless a
Special Event Permit is first obtained from the Zoning Division of the Planning Departmeht.
11. That the sales of beer and wine shall not exceed thirty five percent (35%) oftthe gross sales of
all retail sales during any three (3); month period. The: applicant shall maintain records on a
quarterly basis showing) the separate amounts of sales of beer' and wine: and other items.
These records shall be subject tolaudit, and made available, when requested by any City of
Anaheim official during reasonable business hours.
12. That no advertising of beer or wine'shall be located, placed or attached to any location. outside
thebuilding; and that anysuch advertising sfiall not be audible (interior or exterior).
13. That no beer and wine shall be consumed on any property under the control of the applicant.
14. That no beer and wine shall be consumed on he premises.
15. That the area of beer and wine displays shall not exceed 25% of the total display area of the
buiding.
16. That the parking lot serving the premises shall be equipped with lighting of sufficientpower to
illuminate and make easily discernible the'appearance'and conduct of all, persons on or about
thefparking lots Sald lighting shalibe directed, positioned and shielded in such a manner so as
not to unreasonably illuminate the window areas of adjacent properties, and that said lighting
information shall be specified on plans submitted fonPolice Department, Communiry`Services
Division approval.
17. That the applicant shall be responsible for maintaining the premises free of litter at all times.
18. That no video; electronic or otheramusement devices or games'shall be permitted anywhere
on subject property.
19. That no display of beer or wine shall be located outside the building or within five (5) feet of any ,
public entrance to the: building.
20. That the sales: of beer and wine shall be made to customers only when the customer is inside ;
the building.
Page 9
Staff Report to the
Planning Commission
January 137 2003
Item No. 17 r
21. That beer shall not be sold in packages containing lessahan a six (6) pack; and thafwine
coolers'shall not be sold in packagescontaining less than a four (4) pack.
22. That no person under twenty one (21) years of age shall sell or be permitted to sell any beer or
wine.
23, That the hours of pick-up and drop-of of rental vehicles sfiall be limited to 7 a.m. to 10 p,m.,
daily.
24. That any public telephones on-site shall be re-located inside the convenience market.
25. That all, trash generated from this market shall beproperly contained in trash bins contained
within approved trash enclosures. The numberof bins shall be adequate and the trash pick-up
shall be as frequent as necessary to ensure the sanitary handling and timely removal of refuse
from the property.! The Code Enforcement Division of the Planning Department shall determine
the need for additional bins or additional pick-up.; All costs for increasing the number of tiihs or
frequency ofpick-up shall be paid forby the business owner.
26. That no`outdoor storage, display or sales of any merchandise or fixtures shall be permitted
outside'the building, No other rental and/or storage of vehicles or related products shall be
permitted on the premises. i
27. That no,food which is cooked, heated, reheated, assembled'or altered'on the site (as defined in
Section 18.01.040 "Convenience Market, Take-Out, Food Service") shall be permitted without
the provision of Code-required parking. or the separate request and approval of a'variance for
minimum numberof parking"spaces.
28. That prior to commencement of the activity authorized by this resolution, or prior to issuance of
r a building permit br within a period of one (1) year from the'date of this resolution, whichever
occurs first, Condition Nos. 6, 15, 16, and 19, above-mentioned, shallbe complied with,
Extensions for further time to complete: said conditions maybe granted in accordance with
Section 18.03.09Q bf the Anaheim Municipal Code.
29. That prior to the commencement of the activity authorized by this resolution or prior to final
building and zoning inspections, whichever occurs first; Condition Nos:' 1, 2, 3, 6J, 16 and 24,
above-mentioned,;shall be`compliediwith.
30. 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 compliancebr
approval of the request regarding any other applicable ordinance, regulation,or requirement:
Page 10
ATTACHIIENT-- ITEM N0. 17
MEMORANDUM
CITY OF ANAHEIM
Code Enforcement Division
DATE: DECEMBER 30, 2002
TO: JOHN RAMIREZ, ASSISTANT PLANNER
FROM: JACK SCOTT, CODE ENFORCEMENT OFFICER
SUBJECT: 3174 W. BALL RD. (CUP # 2002-04646)
On December 30, 2002, I conducted an inspection of the property located at 3174 W. Ball Rd.
and observed no violations of the Anaheim Municipal Code. However, upon reviewing Code
Enforcement records several citizens concerns have been received by Code Enforcement staff.
Since August of 2000, Code Enforcement staff has addressed seven complaints regazding the
following violations of the Anaheim Municipal Code:
® Unpermitted portable signs.
® Refuse and waste matter on the property.
® Outdoor storage of materials.
® Living in a camper in the parking lot.
® An unpermitted room addition inside the business.
® Land Use, for the unpermitted U-Haul business.
Code Enforcement staff issued six Notices of Violation for the above-mentioned violations of the
Anaheim Municipal Code. Two of the Notices of Violation were issued to the business owner
for the U-Haul Business.
On May 8, 2002, the Code Enforcement Division issued a Notice of Violation after observing
four U-Haul trucks in the pazking lot of A-1 Liquor. The business owner was given five days to
cease conducting the U-Haul business. However, on July 24, 2002, Code Enforcement staff
observed one U-haul trailer in the parking lot of 3174 W. Ball Road and two U-haul trucks
parked in front of residential properties on Ball Road. A Final Notice Of Violation was issued to
the business owner.
If you have any questions or need further assistance please contact me at ext. 4479. Thank you.
01 Ijs.doc
n, ini.au Puri - ~ ~u'~ rvu. ~/
1®1 ~ ~ ® ~ ~ 1® ® V
City of Anaheim
POLICE DEPARTMENT
DATE: January 8, 2003
TO: John Ramirez
Planning Department
FROM: Sergeant Thomas J. Smith
Vice Detail
SUBJECT: CUP 2002-04646
A 1 Food Mart
3174 West Ball Road
Anaheim, CA 92804
The Police Department received a request to provide conditions for an existing
nonconforming convenience market with off-premise sales of beep and wine.
The location is within Reporting District 1915, which has a crime rate of 57 percent
below average. It is also within census tract 878:02, which has a population of 6,725.
This population allows for 8 On Sale Alcoholic Beverage Control Licenses and there is
presently 1 license in the tract. This population also allows for 5 Off Sale Alcoholic
Beverage Control Licenses and there arepresently 5 licenses in the tract.
The census tract boundaries are:
North Ball Road
South Katella Avenue
West Western Avehue '
East Beach Boulevard
Off Sale licenses in the immediate vicinity of the applicant:
3174 West Ball Road
10565 Beach Boulevard
10841 Beach Boulevard
10961 Beach Boulevard
10499 Beach Boulevard
On Sale license in the immediate vicinity of the applicant:
3024 West Ball Road
Memorandum
John Ramirez
A 1 Food Mart _
Page Two
The Reporting District to the north of this location is 1815 with a crime rate of 259
percent above average. The Reporting District to the south is the City of Stanton. The
Reporting District to the east is 1916 with a crime rate of 80 percent .above average.
The Reporting District to the west is 1914 and has a crime rate of 53 percent above
average.
The Police Department would recommend the following conditions:
1) No advertising of alcoholic beverages shall be located, placed or attached
to any location outside of the interior of the building and any such
advertising shall not be visible to anyone outside of the building.
2) No alcoholic beverages shall be consumed on any property under the
control of the applicant.
3) The applicant shall be responsible for maintaining a litter free area adjacent
to the premise over which he/she has control.
4) No display of :alcoholic beverages shall be located outside of a building or
within five (5) feet of any public entrance to thebuilding.
5) The area of alcoholic beverage displays shall not exceed 25% of the total
display area in a building.
6) Sale of alcoholic .beverages shall be made to customers only when the
customer is in the building.
7) No person under twenty-one (21) years of age shall sell or be permitted to
sell any alcoholic beverages.
8) That beer shall not be sold in packages containing less than a six (6) pack,
and that wine coolers shall not be sold in packages containing less than a
four (4) pack.
Please contact me at extension 1451 if you require further information..
f:\home\tgovernale12002-04646 A 1 Food Mart:doc
ITEM N0~ 18
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Variance No. 2002-04539 Subject Property
Date: January 13, 2003
Scale: 1" = 200'
Requested By: TOMAS RODRIGUEZ Q.S. No. 94
REQUEST WAIVERS OF: (A) MAXIMUM FENCE HEIGHT IN THE FRONT SETBACK AREA
(B) MINIMUM NUMBER OF PARKING SPACES
TO RETAIN AN UNPERMITTED SECOND STORY OFFICE EXPANSION TO AN INDUSTRIAL BUILDING.
542 South Atchison Street
A
D
533
,..i
I
Staff Report to the
Planning Commission
Uanuary 13, 2003
Item No. 18
18x. CEQA NEGATIVE DECLARATION (Motion)
18b. VARIANCE NOi 2002-04539 ;' (Resolution) j
SITE LOCATION AND DESCRIPTION: ?
(1) This rectangularly-shaped 0.46-acre property has a frontage of 150 feet on the east side of
Atchison Street, a maximum depth of 134 feet, and is located 530 feet south of the
centerline of Santa Ana Street (542 Soutfi'Atchison Street)
REQUEST:
(2) The petitioner request approvalbf the following waivers to retain an unpermitted second-
`storyoffice expansion to an existing industrial building.
(a) SECTION NO. 18.04.043.101 Maximum fence fieight in the front setback
area (3-foot high. fence permitted; 6-foot high
fence existing).
(b) SECTION NQ 18.04.043:101 ' Minimum number of oarkind'soaces. 98
spaces,required;l0 proposed).
BACKGROUND:
(3) This property is currently developed with industrial buildings and is zoned ML (Limited !
Industrial). The Anaheim'General plan Land Use Element Map designates this property for ' ~
General fndusVial Land Use. This property is also located within the Anaheim!
Commercialllhdustrial Redevelopment ProjecFArea (South).
(4) No prior zoning actions pertain to this property:
(5) Surrounding land uses are as follows;
Direction land Usei Zoning General Plan
Designation
Ail Directions Industrial Business ML General Industrial
DEVELOPMENT PROPOSAL:
(6) This request is a result of a Code Enforcement action where the second-story,office
were constructed without obtaining appropriate building permits. The petitioner
requests approval of a parking waiver to retain an unpermitted second-story office addition
`and metal canopy. Further, the petitioner requests approval of a waiver of maximum fence
fieight to4etain an existing 6-foot high chainlink fence and sliding gate within the front
setback area.
(7) The sitelfloor plan (Exhibit No. 1) indicates a 6,000 square foot masonry building (with
offices),: x.3,500 square foot metal building (withbffices), a 2,260 square foot metal pole
SR8526EY
Page 1
'Staff Report to the
Planning`Commissidn
' January,l3, 2003
'-Item No.'18
REVISED 01113103
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540 S. Atchison Street Anaheim Corrugated Die Cut
542'. S. Atchison Street Rodriguez Sweeping Service
542. S. Atchison Street North Orange County Youth Soccer Premier League
ENVIRONMENTAL IMPACT ANALYSIS:
(13) Staff has reviewed'the proposal and the Initial Study (a copy of which is available .for
review'ih the Planing Department) and finds no significant environmehtal impact and,
therefore, recommends that a Negative Declaration be approved upon'a finding by the
Commission that the declaration reflects the independent judgment of the lead agency;
and that it has considered the proposed Negative Declaration together with any comments
received during tfie public review process and further finding on the basis of the Initial
Study and any comments received thatthere is no substantial evidence that the project
will have a significant effect on the environment.
Page 3
Staff Report to the
Planning Commission
January 13,2003
Item No. 18
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(14) The proposed'project has been reviewed by affected City departments to determine
whether it conforms with the City's'Growth Management Element adopted by'the City
Council on March 17, 1992. Based on City staff review of the proposed project, it has tieen
determined that this project does not fit within the scope`necessary to require a Growth`
Management'Element analysis, therefore, no'analysis has been performed.
EVALUATION:
(15) Typically, a petition with a parking waiver and waiver of fence height within the front
setback area would be heard by the Zoning Administrator. Section No. 18:12.090 of
the Anaheim Municipal'Code states:
The Zoning Administrator may refer any petition made pursuant to this chapter to
the. Planning;Commission when the Zoning Administrator determines that the
general public interest warrants such referral. In such instances, said proceedings
by; the Planning Commission shall be held in the manner otherwise required
without regard to this chapter.
Pursuant to the above referenced Code section, the Zoning Administrator has
referred this item to the Planning Commission.
(16) Waiver (a) pertains to maximum fence height in the front setback area. Plans
indicate an existing 6-foot highphainlink fence and sliding gate located along the
front (west) property Tine. Photographs of the'property further show existing`,barbed
wire along the top of the fence. Code requires a minimum 5-foot wide setback along ;
Atchison Street and allows fencing with a maximum height of 36 inches as a
permitted encroachment.
(f7) The petitioner haS submitted the attached Statement of Justification indicating that
the fence was existing when the property was purchased. The fence is used'to
screen the street sweepers from view and the location of the fence at the property
line is necessary to properly maneuver the street sweepers. Staff surveyed:?
properties along both sides of Atchison Street to the south of Santa Ana Street.
There are a total of 3non-conforming fences within the area surveyed (not including
the subject property). No variances were approved in conjunction'with the existing
fences. The locations and descriptions of the nonconforming fences in the vicinity of
the subject property are indicated below:
Page, 4
Staff Report to the
! Planning,Commisslon
`.January 13, 2003
Ytem No.' 18
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1. 516 East Santa Ana Street - 6-foot high chainlink fence with PVC slats`and barbetl wire
2. 510 South Atchison Street - 6-foot: high chainlink fence
3. 500 South Atchison Street -12-foot: high combination block wall and chainlink fence
4. 542 South Atchison Street (subject property) = 6-foot high chainlink fence with wood slats and
barbed wire:
(18) 'Although 43% of the properties along Atchison have: fences higher than 36 inches in
the front setback area, it should be noted hat these.fences were constructed prior
to the current Code,requirementtimiting the height of fencing to a maximum of 36
::inches within the required frontyard settiack. There are no waivers for maximum
fence height within the front yard setback area within the vicinity of the subject
ProPertY•
(19) `This property is rectangularly-shaped with no topographic contours or irregularities :
'that would be a constraint on'the property in any unique way. Additionally; the
property is similar in'respect to size with the majority of the properties in'the vicinity::
Therefore, the property is not constrained by unnecessary hardship due to shape,
size ortopography, which do not apply to'other identically zoned properties in the
vicinity.
(20) Based on a review of the site plan, staff Etas determined that the relocation of the
fence to'five feet behind the property linewould accommodate'thefnur existing
parking spaces between the fence and the metal pole shed. The existing: four
;'spaces are shown oh the plan to be 9 feet wide, wfiile Traffic Engineering standards
'require that parking tails be a'minimumbf 6.5 feetwide. An atlditional3:5-foot
open area is currently located between the fence and the parking stalls. With the
relocation of the fence and restriping of the parking: spaces (with a width bf 8.5 feet.
each) the same number of parking spaces would be provided:`Additionally, the
Page 5
'Staff Report to the
Planning Commission
'January 13, 2003
'.Item No. 98
numerous complaints from surrounding business owners have been received
;regarding,parking problems (n this area and with thisproperty in particular.
(26) Based on the City Traffic and Transportation Manager's recommendation', staff .
'recommends denial of the parking variance.
FINDINGS:
(27) When practical difficulties or unnecessary hardships:: result from strict enforcement of the
Zoning Code, a modification may be granted for the purpose of assuring;that no property,
because of special circumstances applicable to it, sfiall be deprived of privileges
commonly enjoyed by other properties in the same vicinity and zone. The sole purpose of
any code waiver is to prevent discrimination and none shall be approved which would
have the effect of granting a special privilege not shared by other similarproperties
Therefore, before any code waiver is granted by the'Planning Commission, it shalt be
shown:
(a) That there are special circumstances applicable to the property such as
size, shape,: topography, location or surrountlings, which do not apply to
otfier identically zoned. properties in the vicinity; and
(b) That strict application of the Zoning Code deprives the property of privileges,
enjoyed by other properties under identical zoning classification in the vicinity
(28) That Section 18.06.080 of the parking ordinance sets forth the following findings which are
;required to be made,before the parking waivers are approved by the Planning
i Commission or City,Councll.
(a) That the variance, under the conditions imposed if any, will not cause fewer off-
street parking spacestito be provided for such use than the number of sucfi
spaces necessary to accommodate all veficles attributable to such use under the
normal and reasonably foreseeable conditions of operation of such use; and
:Section and
(b) That the variance. under the conditions imposed if any, will not increase tfie
:demand and competition for parking spaces upon the public streets in the:
`immediate: vicinity of he proposed use; and
(c) That the variance, under the conditions imposed if any, will not increase the
demand and competition for parking spaces upon adjacent private property in the
immediate vicinity of the proposed use; antl
(d) That the variance, untler the conditions imposed, iF any, will not
:increase traffic congestion within the off-street parking areas or ots
;provided far such use; and
(e) That the variance, under the conditions imposed, if any, will not: impede
vehiculacngress to or egress from adjacent properties upon the public
atreets in the immediate vicinitypf the proposed use;
Page 7
Unless
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varianc
18:03'.0
RECOMf
'(29)
i
I
Staff Report o the
Planning Commission'
January 13,i 2003
Item No. 18i'
RfV1SED 0'1/13/03
is hearing, that the Planning Commissioh take the following actions:
By motion, approve a CEQA Negative Declaration.
By motion den waivers (a) maximum fence height in the front setback area and
(b) minimum number of parkingspaces based on the following:
(ii) Waiver (b) pertaining to minimum number of parking spaces (18
required;'10 proposed) should be denied because ttie proposal
1. That no required parking spaces shall be used for the storage of unfinished materials, i
finished product or street sweepers.
2. That no compact parking spaces shall be permitted.
3. That plans for the 533 square foot second-story office addition and the 864 square foot metal canopy
shall be submitted to the Building Division for'review and approval: Once approved, building permits
shall be obtained for these structures.
Page 8
Staff Report to the
`' Planning Commission
January 13(2003
item No: 16
4. That the existing fence and sliding gate shall be refurbished and properly maintained, including?
replacement of damaged slats with new PVC slats and removal'of barbed wire.
5. That trash storage areas shall be provided and maintained in a location acceptable to the Public
Works Department, Streets and Sanitation Division and in accordance with approvedplans on file
with said Department::
6. That an on-site trash truck tum around area shall be provided per Engineering Standard
Detail Nd' 610 and shown on plans as required by the Department of Public Works,' Streets
'and Sanitation Division.
7. That a plan sheet for solid waste storage and collection and a plan for recycling shall be
submitted'to the Public Works Department, Streets and Sanitation Divlsidn for review and
'approval.
8. That a lot line adjustment plat shall be submitted to the Subdivision Section (Development Services
Division) and approved by the City Engineer and then recorded in the Office of the Orange County
Recorder (a) to combine the three (3) existing lots such that any new building lies completely within
one (1) parcel
9. That a fee for sewer capacity mitigation, for the Old TownlBasin 8 Area shall be paid::
10. That the applicant shall pay a traffic signal: assessment fee and a traffic and transportation fee to the
City of Anaheim, Traffic Engineering Division, in an amount established by he CityCouncil
Ordinance/Resolution:
11. That the property shall be permanently maintained inan ordedy fashion by the removal of trash or
'debris and removafof graffiti within twenty-four (24) hours from time of occurrence.
12. That four (4) foot higft address numbers shall be displayed on the flat area of the roof in a contrasting
`color to the roof material, provided the numbers shaltnot be visible from She view of the streetbr
adjacent properties: Said information shalt be specifically shown on plans submitted for Police
Department, Community Services Divisionapproval
13. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the City of Anaheim by the petitionerand which plans are on file with the Planning
Department marked Exhibit No: i, and as'conditioned herein.
14. That within 60 days from the date of this approval, Condition Nos. 3, 5, 6, 7, 8, 9, 10 and 12 above-
mentioned, shall bebomplied with. Extensions for further time to complete said conditions maybe
'granted in accordance with Section 18.03.090 of the Anaheim Municipal Code.
15. That prior to final building and zoning inspections, Condition No: 13, above-mentioned, shall be
`complied with,
16. That approval of this application'constitutes approvalbf 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 noG include any action or findings as to compliance or approval of the
request regarding any other applicable ordinance, regulation or requirement.
Page 9
ATTACHt1ENT - ITEM N0. 18
SECTION 4
PETITIONER'S STATEMENT OF
JUSTIFICATION FOR VARiANCE/CODE WAIVER
(NOT REQUIRED FOR PARKING WAIVER)
REQUEST FOR WAIVER OF CODE SECTION: ~ ~ • ° ~ ^ O~ ~ -
(A separate statement is required for each Code waiver)
PERTAINING TO: ""+~AtnnJ,v~ ~~ ~~tY " ~ ~~ ~"'~ ~ ~
Sections 18.03.040.030 and 18..12.060 of the Anaheim Municipal Code require that before any variance or Code waiver may be
granted by the Zoning Administrator or Planning Commission, the following shall be shown:
I. That there are special circumstances applicablc to the property, including size, shape, topography, location or
surroundittg~, which do not apply to other property under identical zoning classification in the vicinity; and
2. That, because of such special circumstances, strict application of the zoning code deprives the property of privileges
enjoyed by other property under identical zoning classification in the vicinity.
In order to determine if such special circumstances exist, and to assist the Zoning Administrator or Planning Commission to
arrive at a decision, please answer each of the following questions regarding the property for which a variance is sought, fully
and as completely as possible, If you need additional space, you may attach additional pages.
1. Are there special circumstances that apply to the property iut matters such as size, shape, topography, location or
sun•oundings? _ Yes ~ No.
If your answer is "Yes," describe the special circumstances:
2. Are the special circumstances that apply to the property different from other properties in the vicinity which ere in the
same zone as your property? , Yes ,~ No
If your answer is "yes," describe how the property is different:
Do the special circumstances applicable to the property deprive it of privileges currently enjoyed by neighboring
properties located within the same zone? _,Yes ~No
If your answer if `des; 'describe the specie] circumstances:
4. Were the special circunts[ances created by causes beyond the control of the property owner (or previous property
owners)? ,~ Yes _ No
EXPLAIN ~~ tssaS ~XIZ"C-IIJL~ ~ 1S W~ti ~~~
The sole purpose oJrany variance or Code waiver shall be to prevent discrimination, and no variance or Code waiver shell be
approved which would Gave the effect of granting a special privilege not shared by other property in the same vicinity and zone
which is otherwise expressly authorized by zone regulations governing subject property. Use variances are not permitted.
tIM O
Sig urea ro rty I caner or Authorized Agent Date
CONDITIONAL USE PERMITNARLANCE NO. ZoOQ - U ~7?7~
DECEMBER l2, 2000
ITEM N0. 19
RS-A-03,000
RCL 82-83-28
63-fi4-35
{Res pl Intent mm
lp RM-1200) ~ n
CUP 1496 tit: n:
CUP 477 J
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CL
RCL 66-67-21
RCL 59-60.36
CUP 3161
CUP 114
VAR 3573
VAR 2762 S
VAR 1919 S
SHOPPING
CENTER
VREST.~ -~ ~-
LINCOLN AVENUE
CL
fit-63-64
55-56-00 (R
CUP 607 CL GL
V-1926 55-56-00 55-56-00
SHOPPING V-1139 ~' c ,0 oC
CENTER 55-56-00 pEP BOYS
OASIS s; N Q
-~ MOTEL ~
- 62-E
55-:
(Res. of In
- CUF
V-1
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CL)
J
~ CH
Q 91-92-14
CL m (Ree.
o/57 ~ CL)
RGL 90.91-7 ~
CUP n6
55-56-40 RS•A-03,000
' = vAR 41st
CAR WASH
UP 2001-04328 RCL 62-83-28
JP 2002-04645 62-63-108 ~
CUP 4054 (Res. of Inlenl
to RM-1200) m
CUP 3650 5 5
a
RCL 96-99-12
RCL 55.56-37
CUP 2705
FURNITURE
STORE
RCL 9&99-12
RCL SS-66-37
CUP 3006
CUP 2705
5.6. 8
FDOD MART
RM-1000
RCL 97-96-15
CUP 4099
VACANT
GL
7-
~rc CUP 402
~
1O~ 9
CUP 3682
y C
15342
'^j V
rc 1&
x PCN 9
03
~ 6FACH-LINCOLN
,,, PLAZA
a
(Res. of intentOto CL)
A
~
N CH
BEAC
T
U
COLN
CUP 767 91-92-14
SHOPPING CENTER PACIFIC SUNSET (Res, of Int. to CL)
MOBILEHOME 56-57-22
RSA-03,000 ESTATES VAR 4151
RCL 02-83.28 AMERICANA
62-fi3.108 MOTEL
(Res. of Intent
RS-A-03,000
to RM-1200)
55.56-00 80-81-23
(Res. pl Intent tp CL)
(Res. of Inlenl to CL) 64-05.06
CUP 767
(V-1677 T) (Res. of Inlenl to CH)
55-56-00 CL
SILVER MOON
MOBILE HOME (Res. pl Intent to CL) MOTEL
PARK CUP 2170
Conditional Use Permit No. 2002-04645
Subject Property
Date: January 13, 2003
Scale: 1" = 200'
Requested By: MICHAEL BAGGULEY Q.S. No. 9
REQUEST TO PERMIT AND RETAIN A COMPUTER RENTAL AND INTERNET
AMUSEMENT (ARCADE) BUSINESS.
3010 West Lincoln Avenue
y
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O
m
sz7
`Staff Report to the
Planning Commission
Januaryl3, 2003
Item Np,`19
19aa CEQA CATEGORICAL EXEMPTION -CLASS 1 (Motion)
19b.i CONDITIONAL USE PERMIT NO: 2002-04645 (Resolution)
SITE LOCATION AND DESCRIPTION:
(1) This rectangularly-shaped, 1.58-acre property is located at the southwest corner of Lincoln
Avenue and BeachBoulevard'with frontages of 260feet on the'south side of Lincoln`
Avenue and 260 feet on the west side of Beach Boulevard (3010 West Lincoln Avenue,
Unit A).
REQUEST:
(2) The petitioner requests approval of a Conditional Use Permit under authority of Code
Section 18:44.050:145 to permit and retain' a computer rental and internetamusement
J (arcade) business.
BACKGROUND:
? (3) This property is developed with a commercial retail center and has been zoned CL
(Cpmme~cial, Limited)`since 1994. This property is Ideated in the West Anaheim Commercial
Corridors Redevelopment Project Area and the Anaheim General Plan Land Use Element
Map designates this property for General Commercialland uses:
(4) Surrounding land uses,'are as follows:
Direction Land Use Zoning GeneraLPlan
`Desi nation
North across Fast. Food Restaurant and CL General Commercial
Lincoln'Avenue Commercial Center
EasNacross Service Statidn and + CH General Commercial
Beach $oulevard ` Car wasfi`
South , Mobilehome Park RS-A-43,000 (MHP) General Commercial
and Medium Density
Residential
West Auto Parts Store CL General Commercial
PREVIOUS ZONING ACTIONS:
(5) The following zoning actions pertain to this property:
(a} Conditional Use Permit No: 4054 (to permit five additional units [within the existing floor
area] for a total of twelve units within an 17,980'square fooTcommerdial retail center)
was approved by he Commission on August 1T,1998.
Sr1104cw
Page 1
Staff Report to the
Planning Commission
January 13; 2003
Item No. 19
(b) ,:.Conditional Use Permit No. 4041 (to permit the retail sales of beer and wine for on=
premises eonsumptibn and arramusemeht arcade with up to 16 amusement devices
within an existing 4,800 square foot restaurant - Numero Uno Pizzeria) was approved
by the Commission on July 6,:1998 for a period of one year to'expire July 6, 1999: On
(December 6, 1999 the Commission reinstated this permit to expire on December 3l,
x2001. This permit is expired: however the restaurant is operating with sales of beer
end wine and an'amusementercade.
(c) .Conditional Use Permit No. 3650 (to permit the installation of automotive'accessories
![stereos,'cellular phones and alarms] in conjunction with a proposed retail
establishment) was'approved 6y the Commission on January 10, 1994,
bEVELOPMENT PROPOSAL:
(6) The petitioner proposes to continue operation ofa computer rental and internet amusement
(arcade) business within an`existing'cdmmercial'center. The applicant proposes thirty-three
(33) computer stations offering access to the internet with various internet services, The
customers are connected by a network that allows patrons: to play internet-based games
against one another or against other persons located off-site occupying the same gaming
website.
(7) The site plan (Exhibit No. i) indicates an existing 13-unit commercial `retail center. Vehicular
access: is provided via one'driveway on Lincoln Avenue and one driveway on Beach
Boulevard. Plans! indicate ai total of 11.1 spaces on site. This use requires 6 spaces based on
the ratio of 5.5 spaces per 1',000 square feet of floor area or 0.18 spaces per computer,
whichever results'in the higher number of spaces. The following is a list of all existing tenants
within'the center.`:
Address
(L1ncoln Avenue) Use
' Total Square Code-Required
Parking Ratio
'Per 1,000 s;f. Parking'.
Required
3000 DonuESho 1000 5.5 ' 5.5
3002 Taz Service 600r 4 = 2.4
3004 Pa da Loans 1280 5.5 7.0
3004 A Ci a€Sho .590: 5.5 3,2
3006 Dentist 1160 6 6.9 ''
3008 Acu tincture , 900 ~ 6 - 5.4
3008A< %Nail:Salon 750 5.5 4.1 <
3010 ' 'Pizza
Restaurant 4520. 8 > 36.1 `'
3010 A Networks Ultra
X ress 1080 5.5 5.9 -
3012 Hong Kong
Restaurant :1200 8 9.6
3014 Photd Sho ;1200 5.5 6.6 r
3016 Fantastic Sams 3 1200 5.5 6.6
3020 At & Ed Auto 2500 x'1.55; 3.5, 5.5 9.7
TOTAL 17,980 109
Code requires different parking ratids for shdwroom, installation and retail ofauto accessories
Page 2
Staff Report. to the
Planning Commission <
January 13,2003
Item No. 19'
GROWTH MANAGEMENT ELEMENT ANALYSIS:
(12) The proposed project has tieen reviewed by affected City departments to determine whether it
conforms with the Citys Growth Management Element adopted by the City Council on March
17, 1992. Based bn City staff review'of the proposed project, it has tieen determined thaf this
project does noCfit within the scope necessary to require a Growth .Management Element
analysis, therefore, no analysis has been pertormed.
EVALUATION:
(13) Recent entitlement requests for internet access and computer rental businesses in the City are
shown in the folidwing charts
Case No. Location No. of Square No. of Hours of Operation + Status
stations footage parking Recommended/
df unit spaces Approved
re wired`
CUP4440 3174 West Lincoln: 50 1,704 20 Mon: Sun: 10am-12am / Approved 9/24/01
Avenue Suite 108 a Sun-Thur: 10am-tam; 3 years
Fri-Sat: 10am-4am
CUP4465 5642 East La Palma 66 2;393 5 Mon: Sun: 10am-12am / Approved 12/3/01
Avenue Suite 106 Sun-Thur; 10am-tam; 2 years-
Fri-Sat: 10am=4am
CUP4508 5215 East Orangethorpe 27 T;062 5 Mon: Sum 10am- Denied
Avenue`. 12am/na 2/25/2002
CUP4503 2520 West Lincoln i 30? 1;346 6 Mon. Sun:'10am- Denied
Avenue 12am/na 2/25/2002
CUP4538 1602 North Lemon Street 40 1,833 10 ' Mon: Sun: 10am-12am / Approved
Sun: Thurs. 10am-12am; 5/6/2002
Fri: Sat. 10am-tam
CUP4584 5557 East Santa Ana 42' 1;440 8 Mon: Sun: 10am-12am 1 Approved 9/9/02
Canyor Road, Suite 101 Mon: Sun: 10am-12am Denied.by City
Council 11/4/2002'.
CUP4612 2885 West Lincoln 33' 1,280 7 Sun: Thur: 10am-10pm Approved 10/21/2002;
Avenue' Fri: Sat: 10am-12am / Approved by City
Sun: Thur. 10am-12am Counch 12/17/20021
FrF: Sat: 10am-tam
(14) The Commission may wish to note that this business has been in operation as a`computer
repairand salesbusiness with 12 computers available for rent at this location since
September 9, 2001. The current proposal is to permit and retain a computer rental/internet
access business with 33 computers.
(15) Staff is aware of the concern with regard to the operation of'computer rental/internet access
businesses in and around the City. Neighboring cities havewitnessed'gang-related violence,
noise and loiteringas a result of sucfi'tiusinesses
(16) Staff feels that the proposedlocation is appropriate for acomputer rerital/internet access
business because it is situated in a commercial center situated along two arterial highways::
with no direct vehicular access to a residential neighborhood. The Cbmmissiort maywisFtd
note that a recent site inspection demonstrated that this center is in good condition with
Page 4
Staff Report to the
Planning Commission
`January 13; 2003
Item No[ 19
maintained laridscaping, a newly sealed and striped parking lot and free of graffiti. Also, the
Police Department has' cbnfirmed that there have been 1 ti calls forservice to; this commercial
center within the last calendar year, none of which were gang-related.
(17) The Police Department continues to express concern due to lack of experience with this. type
of business and the violent events;tfiat have occurred in neighboring cities. Should the
Commission wish to approve this request, a sfiart time frame should be placed on the permit
to allow studyof its impact on public safety and police resources. Because of these concerns,
staff recommends that this permit be approved for one (1) year, to'allbw for reviewoftfie
operation. Tfie Police Department is also recommending a number of conditionsbfapproval
intended to ensure the use operates in a safe: manner
' FINDINGS:
(18) Before the Planning Commission grants any conditional use permits it must make a finding of
fact that the evidence presented shows that all' of the following conditions exist:
(a) That the proposed use isproperly one for which a conditional use permit is
authorized by he Zoning Code, or that said use is not listed thereifi'as being's
permitted use;:%
(b) Thaf the proposed use will not adversely affect the adjoining land uses and the
growth and development of the area: in whicti'it is proposed to be located;
(c) That he size and shape of the site for the proposed use is adequate to allow the full
development of the proposed use in a mannerinot detrimental to tfie particular area
nor to the peace, health,rsafety, and general welfare;
(d) Thaf the traffic'generated',by the proposed use will not impose an undue burden
upon the streets and highways designed and improved td carry the traffic in tfie
area; and
(e) Thaf the granting of the conditional vse permit: under the conditions imposed; if any,
will ndt be detrimental tothe peace;,health, safety and general welfare of the
citizens of the, City of Anaheim.
RECOMMENDATION:
(19) Staff recommends that, unless additional or contrary information is received during the
meeting, and based upon!the evidence submitted to the Commission, including tfie evidence
presented in fiis staff report, and oral and written evidence presented at the public hearing,
tfie Commission take tfie following actions:
(a) By motion, determine that the project is Categorically Exempt under Section 15301,
Class 1 (Existing Facilities) of the CEQA Guidelines.
(b) By resolution, approve Conditional Use Permit'No. 2002-04645 (to permit and retain
a computer rental and Internet access amusement [arcade] business) based bn the
following:
(i) That the proposed use is properly one fbrwhich a conditionalUse permit is
authorized as conditionally permitted use under Section 18.44.050.145of the
Zonifig Code.
Page 5
Staff Report to the
Planning Commission
January 13; 2003
Item No. 19
(ii) That the proposed use; as conditioned herein, would not adversely affect the
adjoining land uses antl the growth and development of the area' in which iY is
proposed to;be located because the property does not have direct access o a
residential neighborhood. That the property: provides'adequate ingress/egress
from public streets, on-site vehicular circulation, and adequate parking for '!
customers and employees patronizing the combined uses on the'property and
is`adequate to allow the full development of this use inla manner which is not
detrimentafto the area:
(iii) That the proposed use as conditioned herein, would not be detrimental to the
peace, healtFi, safety and general welfare of the citizens of the City of Anaheim.
THE FOLLOWING CONDITIONS ARE`SUBMITTED BY VARIOUS CITY DEPARTMENTS'ACTING AS
AN INTERDEPARTMENTAL COMMITTEEANDARE RECOMMENDED FOR ADOPTION BY THE
PLANNING COMMISSION IN THE EVENT THIS PERMIT IS APPROVED.
1. That the subject use permit shall expire one (1) year from the date of this resolution.
2. That the hoursof operation shall be limited to'10 a.m. to' 10 p.m., Sunday through Thursday, and 10
a.m:'to 12 midnight, Friday and Saturday.
3. That there shall be a minimum of two employees on site during operating hours.
4. That the number of computer workstations shall be limited to thirty-three (33).' Said information shall
be specifically'shown on'plans submitted for Zoning Division approval.
S. That no exterior vending machines visible off-site shall be permitted.
6. That!no food sfiall be prepared on-site.
7. Thatno alcoholic beverages shall be consumed or sold on the premises.
8. That minors may not enter or remain in the establishment on any weekday between 8 a.m, and 3 p.m.
Thisrestriction'shall nofapply on any school vacation day or holiday as established byany public'or
private school, kindergarten through grade twelve, operating withih one mile of this site. Additionally,
minors may not enter orremain in the establishment after 9 p.m, on any day: of the week. Notice of
the above-stated prohibition relating to the presence of minors shall be posted by the owner/operator
at the entrance; in lettering at (east two (2) inches in size: This prohibition shah. not apply when a minor
is accompanied by a parent or guardian (withthe guardian being able to authenticate guardianship).
9. That the interior of the business shall be adequately illuminated to make easily discernible the
conduct of patrons within he premises. Said information shall bespecifically;shown on'plans
submitted for Zoning Division and Police Department, Community Services Division approval.
10. That he computer stations shat) be open and observable to employees at all times and no partitiod
walls. shall be permitted.:: Said information shall be specifically shown on plans submittetl for Zoning
Division approval.
Page 6
Staff Report to the
;Planning Commission
January 93, 2003
'Item No.' 19
11. That all windows and'entrances into the business shall be clear and unobstructed, so as to allow an
unimpaired'line of sight by a peace officerjnto the interior of the business during business hours.
:Said information shall be specifically indicated on plans submitted for Zoning Division approval: `
12. That there shall be no seating areas or tables other than the computer workstations as shown on
Exhibit Nac 2. Said information!shall be specificallysfiown on plans submitted for Zoning Division
!approval.
13. That trash storage areas shall be refurbished to comply with approved plans on file with the Public
.Works Department '.Said information shall be shown bn plans submitted for Public Works
;Department, Streets and Sanitation Division approval;
14. That all applicable City permits required by Title 3 (Business Licenses) and Title 4 (Business
' Regulation)'shall be obtained from the Cityaf Anaheim, Business License Division of the Finance
Department.
15. That all signs shall conform to the CL (Commercial Limited) Zane. Any additional signage shall be
subject to review and: approval by the Zoning Division: Any decision by the Zoning Division may be
appealed to the Planning Commission for review and!approval as a "Reports and Recommendations"
item.
16. That the subject property shall be developed substantially in accordance with plans and specifications
submitted to the Cityof Anaheim by the petitioner and which plans are on file with the Planning;,
'bepartment marked Exhibit Nos; 1 and 2 and as conditioned herein.
!'~
17. That there shall be a camera/video surveillance recortling system capable'bf delineation, on playback
of the system, the activity and physical features of persons or areas within he premises. The system
.shall coverall entrances and exit points, in and about the premises, the property directly adjacent to
'the entry and exit doors, and all jnterior spaces. The;system shall be subject to inspection by the City
during business hours any day of the week: The system shall be maintained in good working order at
all times. `Said information shall' be specifically shown on plans'submitted'for Police: Department,
Community Services'Division for approval`
18. That at least one (1)state-licensed security guard shall be on the business premises at all times,
seven daysa week,'during the flours of darkness.
19. That withirisixty (60) days from the date of his resolution, Condition Nos.4, 8, 9, 1Q,'11, 12, 13 14,
16, and 1Tabove-mentioned, snail 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.
20. That approval of this application'constitutes approvatbf the proposed request only to'the extent that it
complies with the Anaheim Municipal Zoning Code and any other applicable City, State and Fetleral
regulations: Approval does not jnclude any action or findings as to compliance or approval of the
request regarding anyother applicable ordinance, regulation or requirement.
Page 7
v
S~
D
Conditional Use Permit No. 4069
Tracking No.: CUP 2002-04634
Requested By: KHODA OSTOWARI
Subject Property
Date: December 16, 2002
Scale; 1" = 200'
Q.S. Na. 74
REQUEST FOR REINSTATEMENT OF THIS PERMIT BY THE MODIFICATION OR DELETION OF A CONDITION OF APPROVAL
PERTAINING TO A TIME LIMITATION (APPROVED ON JUNE 20, 2000 TO EXPIRE SEPTEMBER 13, 2003) TO RETAIN
THE SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AND AMEND PREVIOUSLY-APPROVED EXHIBITS
AND CONDITIONS OF APPROVAL PERTAINING TO SIGNAGE (TO PERMIT AND RETAIN THREE (3) UNPERMITTED
INFORMATIONAL SIGNS, ONE (1) EXISTING DIRECTIONAL SIGN, ONE (1) CAR WASH MENU SIGN AND CONSTRUCT
THREE (3) WALL SIGNS AND MODIFY CONDITIONS OF APPROVAL PERTAINING TO HOURS OF OPERATION PERTAINING
TO THE CONVENIENCE MARKET AND SALES OF BEER AND WINE FOR APREVIOUSLY-APPROVED SERVICE STATION
WITH ACGESSORY CONVENIENCE MARKET WITH SALES OF BEER AND WINE FOR OFF-PREMISES CONSUMPTION AND
SELF-SERVE CAR WASH.
BO5 South Harbor Boulevard
498
Staff Report to the
Planning Commission
January 13, 2003
Item No: 20
20a. CEQA NEGATIVE DECLARATION (PREVIOUSLY-APPROVED) (Motion for Continuance)
20b:> CONDITIONAL USE PERMIT NO: 4069.-
(TRACKING CASE NO. CUP2002-04634)
SITE LOCATION AND DESCRIPTION:
r (1) This rectangularly-shaped, 0.8-acre property is located at the southwest comer of South
Street and HarborBoulevard with frontages. of 190 feet on the south side of South Street
and 185 feet on the west side of Harbor Boulevard (805 South Harbor Boulevard).
REQUEST:
i (2) The petitioner requests reinstatement of this permit by the modification or deletion of a
condition ofapproval' pertaining to a time IimitaBbn (approved on`June 20 200p to expire
September 13, 2003) to retain the sales of beer and wine for off-premisesconsumption and
amend previously-approved exhibits and conditions of'approval pertaining to signage (to
permit andYetain three (3) unpermitted informational: signs, one (1) existing directional sign,
^one car wash menu sign and construct three (3) wall: signs and modify conditions of
approval pertaining to hours of operation for the convenience market and the sales'of beer
ahd wine for apreviously-approved service'station with an accessory convenience market
with the sales of beerand wine for off-premises consumption and aself-serve car wash
'under authority of Code Section18.03.093.
BACKGROUND:
(3) This property is currently developed with a 1,925 square foot service station with aself-
_serve car wash and convenience market with beer and wine sales for off-premises
'consumption. The property is zoned CL (Commercial] Limited)`and the Anaheim General
Plan LandUse Element Map designates this properly for Commercial Professional and
Medium Density Residential land uses.
(4) This item was continued from the December 16, 2002( Planning Commission meeting in
order for the petitioner to consider signage modifications.
(5) The petitioner, Khoda Ostowari, has submitted the attached letter, dated December 23,
2002, requesting a further continuance to the January 27; 2003, Planning Commission
meeting in order to request a change in conditions of approval pertaining to the sales of
beer and wine and consider signage modifications.
RECOMMENDATION:
(6) That the Cpmmission, by motion, continue this item to the January 27, 2003, meeting.
sr8523av
Page 1
12/23/2002 17:30 7145169708
To: Planning Department
Anaheim City Hall
Z00 S. Anaheim Blvd..
.Anaheim , Ca. 92805
Attn.: Amy Vazquez
From: Khoda B. Ostowari
6263 E. Twin Peak Cr.
Anaheim, CA 92607
(714)974-1285
12E: C. U. P. 2002-04634
Hazbor Ultramaz
805 S. I~Iazbor Blvd.
Anaheim , Ca. 92805
Deaz Ms. Vazquez
ATTACHMENT - ITEM N0. 20 PAGE 82/02
Dec. 23, 2002
Due to the City of Anaheim Council considerations at the Dec. 17, 2002 meeting
regarding Arco station at Anaheim Blvd. and Broadway ; I would like to respectfirlly
request to amend C.U.P. 2002-04634 to extend the hours of the sale of beer and wine
from 8.00 a.m. to 6.00 a.m. and to re-schedule the planning commission hearing from
January 13, 2003 to January 27, 2003 respectively .
Sincerely,
~~'
Khoda B. Ostowari
~~~,~~1~425267j~~~
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V O
4.
lx n eE~~,1~a
,,y e~,,lsfi~
~~~, a,
rte.
CONDITIONAL USE PERMIT
NO ~~~